On this page you will find documents relating to bilateral agreements between the Commonwealth and the State of Western Australia relating to environmental assessment and approval.
Assessment Bilateral Agreement
Assessment bilateral agreements with states and territories have existed since 2015.
About the agreement
The bilateral agreement between the Commonwealth of Australia and Western Australia relating to environmental assessment (the bilateral agreement) allows the Commonwealth Minister for the Environment to rely on specified environmental impact assessment processes of Western Australia in assessing actions under the EPBC Act.
Agreement between the Commonwealth of Australia and Western Australia relating to environmental assessment
Department of the Environment, 3 October 2014
Note: The commencement date for the Agreement is 1 January 2015.
- Western Australia Assessment Bilateral Agreement (PDF - 2.04 MB) | (DOCX - 206.97 KB)
- Agreement notice (PDF - 22.09 KB) | (DOCX - 22.54 KB)
- Report on comments (PDF - 46.24 KB) | (DOCX - 42.97 KB)
- Statement of reasons (PDF - 3.69 MB) | (DOCX - 61.91 KB)
Notice of Intention to Develop a Draft Assessment Bilateral Agreement
On 13 December 2016 the Western Australian government gazetted the Environmental Impact Assessment (Part IV Divisions 1 and 2) Administrative Procedures 2016 under the Environmental Protection Act 1986 (WA). These legislative changes resulted in the current 2014 assessment bilateral agreement with the Western Australia government no longer applying to some proposals normally assessed bilaterally by the State.
The Australian and Western Australian Governments have agreed to enter into the process of developing a new assessment bilateral agreement which will re-establish a streamlined environmental assessment system between governments. The new assessment bilateral agreement will update the existing arrangements by revoking and replacing the existing agreement.
Section 45(3) of the EPBC Act requires that the Minister, as soon as practicable after starting the process of developing a draft bilateral agreement with a State or Territory, publish a notice of intention to develop a draft bilateral agreement. The notice will be published in the government Gazette, in a daily newspaper that circulates in the State or Territory and on the Department's website.
The draft assessment bilateral agreement will be made available on the Department’s website for a public consultation period of a minimum 28 days.
Approval Bilateral Agreement
The Australian Government is putting in place approval bilateral agreements with states and territories. The first step is to publish a notice of intent to develop an environmental approval bilateral agreement.