Overview
The Australian and South Australian governments have recently drafted a new assessment bilateral agreement (draft Agreement). The bilateral agreement will allow for South Australia to use their own processes to assess actions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The draft Agreement covers actions assessed under the Mining Act 1971 (SA) and the Planning, Development and Infrastructure Act 2016 (SA).
Bilateral agreements remove the need for a separate assessment, reducing duplication. The Australian Environment Minister uses a state or territory's environmental assessment report to inform the final decision about whether to approve an action.
The draft Agreement does not provide for the following:
The establishment of an approval bilateral agreement. The Australian Environment Minister will continue to be responsible for the approval of controlled actions under the EPBC Act.
Accreditation of assessment processes under other South Australian legislation. Accreditation of other South Australian legislation may be considered at a later date.
The establishment of a new assessment bilateral agreement is also separate to the Australian Government’s reform of the EPBC Act. You can find information on the EPBC Act reform on our website (EPBC Act reform - DCCEEW).
The Department of Climate Change, Energy, the Environment and Water (the department) is seeking public comment on the draft Agreement.
You can now provide feedback. Your feedback will be considered by the Minister. If appropriate, amendments to the draft Agreement will be made before the agreement is finalised.
The draft Agreement will come into effect once all Ministers have signed the Agreement. Once the Agreement has been signed by all relevant Ministers, the department will publish the following:
the final bilateral agreement,
a notice,
a report on the comments received, and
a statement of reasons.
