Skip to main content Skip to main navigation Skip to search

Queensland and NSW floods 2022

Visit recovery.gov.au to see what help is available.

Close
Home

Top navigation main

  • News & media
  • Jobs
  • Ministers
  • Contact us
Main menu

AWE Main

  • Agriculture and land
    Agriculture and land Building stronger and more sustainable agriculture, fisheries, forestry and land care.
    • Animal health
    • Farming, food and drought
    • Fisheries
    • Forestry
    • Land
    • Climate change and agriculture
    • Plant health
    • Drought and rural support
    • Mouse infestation advice
    Xylella

    Protect against unwanted plant pests

    Our biosecurity system helps protects us. Everyone has a role in supporting our biosecurity system.

    Find out more

  • Water
    Water Improving the sustainable management of Australia’s water resources for agriculture, the environment and communities.
    • Coal, Coal seam gas (CSG) and water
    • Commonwealth Environmental Water Office
    • Water policy and resources
    • Wetlands
    Water matters

    Water Matters

    Keep up with the latest news on the department's work in managing Australia's water resources.

    Read the latest edition here

  • Environment
    Environment Improving stewardship and sustainable management of Australia’s environment.
    • Biodiversity
    • Bushfire recovery
    • Climate change and the environment
    • EPBC Act
    • Environmental information and data
    • International activities
    • Marine
    • Partnerships
    • Protection
    • Report a breach of environment law
    • Threatened species & ecological communities
    • Waste and recycling
  • Biosecurity and trade
    Biosecurity and trade Lowering biosecurity risks to Australia, and assisting industry to accelerate growth towards a $100 billion agricultural sector by 2030.
    • Aircraft, vessels and military
    • Biosecurity policy
    • Cats and dogs
    • Exporting
    • Importing
    • Invasive species
    • Pests, diseases and weeds
    • Public awareness and education
    • Trade and market access
    • Travelling or sending goods to Australia
    • Wildlife trade
    Brown marmorated stink bug

    BMSB Seasonal Measures

    Australia has strengthened seasonal measures to manage the risk of BMSB.

    View our seasonal measures

  • Parks and heritage
    Parks and heritage Managing Australia’s iconic national parks, historic places and living landscapes.
    • Australian Marine Parks
    • Australian National Botanic Gardens
    • Booderee National Park
    • Kakadu National Park
    • Christmas Island National Park
    • National parks
    • Norfolk Island National Park
    • Heritage
    • Pulu Keeling National Park
    • The Great Barrier Reef
    • Uluṟu-Kata Tjuṯa National Park
    The reef

    Great Barrier Reef

    Australia is protecting and conserving this World Heritage Area.

    Find out more

  • Science and research
    Science and research Undertaking research and collecting data to support informed decisions and policies.
    • Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES)
    • Climate change
    • Australia's biological resources
    • National Environmental Science Program (NESP)
    • Our science strategy
    • Australian Biological Resource Study (ABRS)
    • State of the Environment (SoE) reporting
    • Bird and bat banding
    • Supervising Scientist
    Abares

    ABARES Insights

    Get 'snapshots’ of agricultural, forestry and fisheries industries, or analysis of key issues.

    Find out more

  • About us
    About us Enhancing Australia’s agriculture, environment, heritage and water resources through regulation and partnership.
    • Accountability and reporting
    • Assistance, grants and tenders
    • Contact us
    • Fees and charges
    • News and media
    • Our commitment to you
    • Payments
    • People and jobs
    • Publications
    • What we do
    • Who we are
    A day in the life

    A day in the life...

    Our video series showcases the diverse and important work we do.

    Find out more

  • Online services
    Online services We do business with you using online platforms. This makes it easier for you to meet your legal requirements.
Department of Agriculture

Breadcrumb

  1. Home
  2. Environment
  3. Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  4. Bilateral agreements

Sidebar first - EN - EPBC

  • Environment Protection and Biodiversity Conservation Act 1999
    • Advice for approval holders during COVID-19
    • About the EPBC Act
      • History of the EPBC Act
      • Glossary
    • EPBC Act reform
    • What is protected?
      • EPBC Act lists
      • Conservation agreements
    • Single touch approvals
      • Key Documents
        • Accreditation criteria
      • Bilateral agreements
        • ACT Bilateral
        • NSW Bilateral
        • NT Bilateral
        • Qld Bilateral
        • SA Bilateral
        • Tas Bilateral
        • Vic Bilateral
        • WA Bilateral
    • Protected Matters Search Tool
    • Referral and assessment process
      • Stakeholder information kit
      • The Department’s role
      • How State and Federal Governments work together
      • Information about your industry
        • Farmers
        • Mining industry
        • Local governments
        • State agencies
        • Indigenous
        • Commonwealth agencies
      • Do you need approval?
      • What are significant impacts?
      • Pre-referral meeting
      • Cost recovery
      • Assessment and approval process policies
      • Quarterly performance report
        • Response to 2020 ANAO Audit Report
    • Advice on complying with the EPBC Act
      • Self assessment
      • Referral applications and proposals
      • Decisions on referred actions
      • Environmental offsets under the EPBC Act
        • EPBC Act environmental offsets policy
    • Strategic assessments
    • Fisheries assessments
    • Key assessments
    • EPBC Act permits and forms
    • Exemptions
    • Public notices and invitation to comment
      • Help on assessment and approval notifications
      • Public comments
      • EPBC Act major projects
    • Compliance and enforcement
      • Compliance and enforcement mechanisms
      • Compliance auditing
      • Compliance outcomes
      • Infringement Notice Register
    • Governance and accountability
      • Our performance
      • Independent reviews
        • EPBC Review 2008
      • Advisory committees
        • Indigenous Advisory Committee
      • Business improvements
        • Biodiversity Data Repository
        • New way of lodging EPBC Act referrals
    • Report a breach
    • Policy statements
    • EPBC Act resources

Bilateral agreements

Banner

Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the Commonwealth Environment Minister can make a written agreement with a state or territory government called a bilateral agreement.

A bilateral agreement can strengthen co-operation and reduce duplication in processes between governments, but only if environmental outcomes can be met through that agreement.

When an agreement is made, state or territory processes can be used to assess environmental impacts and authorise actions that would ordinarily be assessed and approved by the Commonwealth under the EPBC Act. There are two types of agreements that can be made:

  • An assessment bilateral agreement allows a state or territory to conduct a single environmental assessment process. At the completion of the assessment the state provides a report to the Australian Government assessing the likely impacts of the project on matters of national environmental significance. Two approval decisions and two sets of conditions (if appropriate) are required before the project goes ahead.
  • An approval bilateral agreement allows a state or territory to assess the likely impacts of a project on the environment and make a decision on approval, accounting for both state matters and matters of national environmental significance. Only one approval decision and one set of conditions (if appropriate) is required before the project goes ahead.

To make one of these bilateral agreements, the minister must follow processes under the EPBC Act to make sure nationally significant (protected) animals, plants, habitats or places will be protected under the agreement.

Assessment bilateral agreements

Assessment bilateral agreements are already in place with all states and territories. They were negotiated in 2014 and 2015.

They allow states and territories to assess environmental impacts of actions that would ordinarily be assessed by the Commonwealth under the EPBC Act.

After the assessment, states and territories and the Australian Government  decide to approve projects. Two approval decisions and two sets of conditions (if appropriate) are required before the project goes ahead.

The assessment bilateral agreement for each state and territory are available online.

Approval bilateral agreements

It has always been possible to make approval bilateral agreements under the EPBC Act. We’re now setting them up with each willing state and territory. This means states and territories can approve some types of projects without a separate approval under the EPBC Act.

The National Cabinet agreed to move to single-touch environmental approvals that are supported by national environmental standards to ensure States and Territories apply the same rules as the Commonwealth when approving projects.

This aligns with the Independent review of the Environment Protection and Biodiversity Conservation Act 1999 (Samuel Review) recommending that we should avoid overlaps when decisions are being made by different parties.

The approval bilateral agreements we are putting in place will list the types of projects that a state or territory can approve and describe how a state or territory:

  • will assess the impacts of a project on Commonwealth protected matters
  • may approve the project based on both state matters and Commonwealth protected matters
  • will consider and report against the National Environmental Standards
  • ensure projects  comply with any conditions of approval.

The minister will maintain oversight and assurance and can modify, suspend or cancel an agreement.

Approval bilateral agreements will include a list of state or territory processes that have been accredited. Proponents will be able to have their projects approved through the accredited processes instead of the EPBC Act.

Amendments to the EPBC Act are before the Parliament to support the operation of the approval bilateral agreements.

Process for making approval bilateral agreements

Approval bilateral agreements are made through a process that includes meeting legal requirements or ‘tests’ to make sure the agreement can:

  • meet the objects of the EPBC Act and Australia’s international obligations
  • prevent unacceptable or unsustainable impacts on nationally significant (protected) animals, plants, habitats or places. We call these things 'protected matters'.

The minister must first publish a notice of intention to develop a bilateral agreement with the relevant state or territory government.

The Australian Government can then start working with the state or territory to develop the terms of the agreement. The draft terms will describe what each party will do under the new arrangement. The terms of the agreement must meet the legal tests in the EPBC Act.

The state or territory then puts forward the authorisation processes that they want to use under the agreement terms. The processes put forward can include assessment and approval processes and are tested against accreditation criteria based on the EPBC Act. The processes will only be added to the draft agreement if they can meet the criteria.

When complete, the draft terms of the agreement will be published for 28 days consultation. Anyone can comment.

Before signing an agreement, the minister must take into account comments received during consultation and consider the terms of the agreement to make sure it meets the tests under the EPBC Act. The state or territory must sign the agreement too.

When both parties have signed the bilateral agreement, it will be published. The Environment minister will also publish their reasons for entering into the agreement.

A signed agreement does not mean that the state or territory government can immediately authorise projects. This is because there are more steps to take before the signed agreement becomes operational.

The authorisation processes that the approval bilateral agreement covers must be tabled in both houses of the Australian Parliament. Senators and members can raise any objections. If the authorisation processes aren't ‘disallowed’, the Environment minister may formally accredit them.

The minister will use the accreditation criteria to consider if the tests set by the EPBC Act are met before accrediting an authorisation process.

Once agreed, the process is called a bilaterally accredited authorisation process and the approval bilateral agreement is operational.

The process can then be applied to projects in place of the equivalent EPBC Act assessment and approval processes.

Status of bilateral agreements with States and Territories

You can see the status of bilateral agreements with each state and territory below:

  • ACT
  • NSW
  • NT
  • Qld
  • SA
  • Tas
  • Vic
  • WA
Thanks for your feedback.
Thanks! Your feedback has been submitted.

We aren't able to respond to your individual comments or questions.
To contact us directly phone us or submit an online inquiry

CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Please verify that you are not a robot.

Skip

Footer

  • Contact us
  • Accessibility
  • Disclaimer
  • Privacy
  • FOI
Last updated: 04 March 2022

© Department of Agriculture, Water and the Environment

We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.