Overview
The EPBC Act allows for bilateral agreements between the Commonwealth Government and the governments of States or Territories. They allow States or Territories to use their own processes to assess actions.
Bilateral agreements can reduce duplication. They allow states or territories to use their own processes to assess actions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
A bilateral agreement can strengthen cooperation and streamline processes between governments.
The Australian Government updated its agreement with NSW in 2020. Following reforms to the Commonwealth’s environment laws in 2025, it’s time to replace the NSW agreement with one that gives effect to the new legislation, including National Environmental Standards.
Under the assessment bilateral agreement, the Australian Government Minister can use the NSW process to inform an assessment of the impacts of any eligible action.
You can now provide feedback on the draft assessment bilateral agreement.
Consultation documents
Have your say
To have your say:
read the draft agreement
Submit your feedback by 5pm, Thursday 19 November 2026.
Your feedback will help us make important changes to this draft document before it is finalised
