Transitional provisions for projects when the bilateral authorisation agreement no longer applies to them The final bilateral agreement will contain a list of Queensland processes accredited by the Federal Environment Minister. These processes are called “accredited processes.” Proposed measures under an accredited procedure do not require separate removal, assessment or approval from the Australian government. The Commonwealth environmental impact assessment process can be managed by the state under the bilateral agreement, but the Commonwealth Minister is responsible for approving the measure and defining appropriate conditions of authorization. For Ramsar wetlands, for example, all permits would include conditions to ensure that the measures do not have a significant impact on the ecological character of the area. As part of the agreement with the State of Queensland and the NSW governments, the Commonwealth Minister is expected to have bilateral authorizations with the two states by mid-September 2014. The legal public notice on the Queensland proposed authorisation expired on Friday, June 13, 2014. There is currently no bilateral authorisation agreement. Conciliation procedures were restricted when a bilateral agreement between the Queensland government and Australia was signed on 18 December 2014. If a single state or state amends the law, which is the bilaterally accredited authorization procedure, the Minister has new authority to determine that the procedure may continue for the purposes of a bilateral procedure without further accreditation. With the introduction by the Federal Parliament of amendments to the Environmental and Biodiversity Protection Act in 1999 and the publication of new draft bilateral agreements for New South Wales and Queensland, federal directives and authorities are moving closer. There is a bilateral assessment agreement for Queensland. It replaces the State Development and Public Works Organization Act 1971 (Qld), the Sustainable Planning Act 2009 (Qld) or the Environmental Protection Act 1994 (Qld) with the environmental impact assessment. As part of this agreement, the Commonwealth Minister of the Environment retains the final decision-making power.
Although commonly referred to as the “bilateral agreement,” its full title is “A bilateral agreement between the Commonwealth and the State of Queensland, under Section 45 of the Environment Protection and Biodiversity Conservation 1999 with respect to environmental impact assessment.” Notice of intent to develop draft bilateral agreement with Queensland on environmental approval (PDF – 69.38 KB) (DOCX – 25.63 KB) On this page you will find all the recent documents relating to the bilateral agreements on the protection and biodiversity of the Environment Act 1999 (EPBC) between the Commonwealth and the State of Queensland with respect to environmental impact assessment and authorization. The proposed bilateral approval agreement provides for the accreditation of Queensland procedures for approving proposed measures that would otherwise be reviewed by the Australian government for approval under the EPBC Act. Only a decision on conditions of authorisation is made by Queensland, with Queensland taking into account issues and issues relating to the national environment. Regulations and planning instruments are taken into account for bilateral agreement approvals If the Minister decides that the proposal is a controlled measure, it must be evaluated in accordance with EPBC or government environmental legislation, in the event of a bilateral agreement.