If such a declaration is made during the State or Territory assessment process, as in the case of the suspension/termination of the bilateral agreement, the assessment made will continue to be taken into account by the Commonwealth. Once the Commonwealth Minister of the Environment has determined that the clearing operation is a controlled measure, the applicant must submit an application for an authorization to clear using the DER application forms below and Appendix C7. The applications for compensation authorization considered under the bilateral assessment agreement are supported by a document describing: Submissions from interested parties to Western Australia`s draft bilateral assessment agreement concluded on 27 June 2014. The draft bilateral licensing agreement provides for the accreditation of Western Australia`s processes for the approval of proposed measures that would otherwise be assessed by the Australian Government for approval under the EPBC Act. Only one decision, including the conditions of authorisation, is taken by Western Australia, taking into account the issues of Western Australia and matters of national environmental importance. No referral of measures under a bilateral authorization agreement What are the processes of the bilateral agreement? The bilateral agreement accredits the authorisation procedures for the grubbing up of native vegetation in accordance with Part V, Section 2 of the Environmental Protection Act 1986 (PE Act). The process of reforming the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) is ongoing, with a bill to streamline the bilateral permitting process presented to Parliament last week. What does the agreement mean? Accreditation allows DWER to assess the impact of land clearing on relevant issues of national environmental importance while conducting an assessment of land clearing approval under the EP Act. The CEO of DWER will make a decision under the EP Act on the claim for compensation and submit the assessment report to the Commonwealth Environment Minister for approval under the EPBC Act.
This avoids a double valuation. WA is still negotiating a bilateral approval agreement with the Commonwealth. A draft bilateral approval agreement will be made available to the public for comment before the bilateral approval agreement is finalized. The proposed new section 66A will prevent the referral of a lawsuit under Part 7 of the CBFA Act if there is a bilateral approval agreement for that class action. A referral is prevented even if the state or regional government has not yet evaluated the measure. The Ministry of Mines and Petroleum (DMP) has delegated the authority to manage customs clearance regulations for mining and petroleum activities. Applications for compensation authorisation examined by DMP as part of the delegation may also be examined, where appropriate, within the framework of the bilateral agreement. The bilateral agreement does not apply to claims for compensation that are already being examined by DWER.
The explanatory memorandum to the Act Amending the EPBC Act states that bilateral approval agreements will contain a provision to exclude a measure from the approved class action if, for example, adequate environmental protection is not ensured. The proposed new section 69A will empower the Commonwealth Minister to take a measure that has been excluded by declaration. The exercise of this call to power will have the effect of a dismissal. The bilateral approval agreement will contain a list of Western Australian processes accredited by the federal Minister of the Environment. These processes are called « accredited processes ». No separate referral, assessment or approval by the Australian Government is required for proposed actions that fall under an accredited procedure. .