Document ID: chunk:federal_register_of_legislation:C2024C00598:section:33:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 33 (pt 1/3)
Character Range: 149782–152564

33  Making declaration that actions do not need approval under Part 9

Declaration of actions not needing approval
 (1) The Minister may declare in writing that actions in a class of actions specified in the declaration wholly or partly by reference to the fact that their taking has been approved by the Commonwealth or a specified Commonwealth agency, in accordance with a management arrangement or authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration, do not require approval under Part 9 for the purposes of a specified provision of Part 3.
Note 1: Subdivisions C and D set out rules about prerequisites for making a declaration and limits on making a declaration.
Note 2: Section 35 provides for revocation of a declaration.

What is an accredited management arrangement?
 (2) A management arrangement is an accredited management arrangement for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if:
 (a) the management arrangement is in operation under a law of the Commonwealth identified in or under the declaration; and
 (b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration.

What is an accredited authorisation process?
 (2A) An authorisation process is an accredited authorisation process for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if:
 (a) the authorisation process is set out in a law of the Commonwealth, and the law and the authorisation process are identified in or under the declaration; and
 (b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration.

Accrediting management arrangement or authorisation process
 (3) For the purposes of subsection (2) or (2A), the Minister may accredit by written instrument a management arrangement or authorisation process for the purposes of a declaration. 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 operation, 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 the management arrangement or authorisation process:
 (i) have or will have; or
 (ii) are likely to have;
  on each matter protected by a provision of Part 3 to which the declaration relates; and
 (c) actions approved or taken