EPBC Bilateral Agreement
The current Environment Protection and Biodiversity Conservation Act 1999 (EPBC) Bilateral Agreement between Queensland and the Commonwealth came into effect on 11 August 2009, replacing the Bilateral Agreement that came into effect on 13 August 2004. While it is commonly referred to as the Bilateral Agreement, or more simply as 'the Bilateral', its full title is An Agreement between the Australian Government and the State of Queensland under Section 45 of the Australian Government Environment Protection and Biodiversity Conservation Act 1999 Relating to Environmental Assessment.
Its purpose is to avoid duplication of assessment process for proposals that are 'controlled actions' requiring assessment under Part 8 of the EPBC and which are undergoing an environmental impact statement (EIS) process under State legislation.
On 18 December 2009 the bilateral agreement was amended following the Commonwealth Minister making a declaration that he is satisfied the amendments will not have a significant effect on the operation of the agreement. The amendment will allow controlled actions being assessed under the Sustainable Planning Act 2009 (SPA) to be assessed under the bilateral agreement for the purposes of the EPBC. The amendments also include transitional provisions that allow actions being assessed under the Integrated Planning Act 1997 and bilateral agreement when SPA came into effect to continue to be assessed under the bilateral agreement.
The Bilateral applies only to three classes of actions, specifically those assessed by an EIS under:
- Chapter 3, Part 1 of the Environmental Protection Act 1994; or
- Part 4 of the State Development and Public Works Organisation Act 1971; or
- Chapter 9, Part 2 of the Sustainable Planning Act 2009.
Once a state EIS process has been accredited, it will only cover the assessment part of the Commonwealth's EPBC process. The Commonwealth will still retain its separate approval powers under Part 9 of the EPBC.
The Queensland and Commonwealth governments have agreed Administrative Procedures to make the Bilateral work. The procedures primarily detail when liaison between Queensland and the Commonwealth will occur during the EIS process and who has the delegation to sign related documents.
The department will only be responsible for the Administrative Procedures when they relate to an EIS under Chapter 3, Part 1 of the Environmental Protection Act 1994 (EP Act).
Proponents wishing to obtain advice on whether their proposed project is a controlled action under the EPBC should contact the Commonwealth Department of Sustainability, Environment, Water, Population and Communities. The web site of the Commonwealth Department contains further information about the bilateral agreement and environment asssessments.
- Bilateral Agreement between the Queensland and the Australian governments (PDF, 74K)*
- Amending agreement (PDF, 168K)*
- Administrative Procedures of the Bilateral Agreement (PDF, 138K)*
* Requires Adobe Reader
Last updated 19 April 2011