Document ID: chunk:federal_register_of_legislation:C2024C00598:section:46:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 46 (pt 1/4)
Character Range: 193162–195892

46  Agreement may declare actions do not need approval under Part 9

Declaration of actions not needing approval
 (1) A bilateral agreement may declare that actions in a class of actions specified in the agreement wholly or partly by reference to the fact that their taking has been approved by:
 (a) the State or self‑governing Territory that is party to the agreement; or
 (b) an agency of the State or Territory;
in accordance with a management arrangement or authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of the agreement do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E.

What is a bilaterally accredited management arrangement?
 (2) A management arrangement is a bilaterally accredited management arrangement for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E, if and only if:
 (a) the management arrangement is in force under a law of the State or Territory that is a party to the agreement and the law is identified in or under the agreement; and
 (b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.

What is a bilaterally accredited authorisation process?
 (2A) An authorisation process is a bilaterally accredited authorisation process for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E, if and only if:
 (a) the authorisation process is set out in a law of the State or Territory that is a party to the agreement, and the law and the process are identified in or under the agreement; and
 (b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.

Accrediting management arrangement or authorisation process
 (3) For the purposes of subsection (2) or (2A), the Minister may accredit in writing a management arrangement or an authorisation process for the purposes of a bilateral agreement with a State or self‑governing Territory. However, the Minister may do so only if the Minister is satisfied that:
 (a) the management arrangement or authorisation process and the law under which it is in force, or in which it is set out, meet the criteria prescribed by the regulations; and
 (b) there has been or will be adequate assessment of the impacts that actions approved in accordance with