ARTICLE · 11 MAY 2009

Draft Victorian Bilateral Agreement Under The EPBC Act

Clayton Utz

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Sallyanne Everett looks at the latest developments to bring about a Victorian bilateral agreement to streamline the interaction of Commonwealth and State development control laws.

AustraliaEnvironment

Sallyanne Everett

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Key Point

If the draft Bilateral Agreement can achieve its stated objectives, it will minimise costs associated with duplication of environmental impact assessment processes.

Development projects requiring approval under both the Commonwealth Environment Protection and Biodiversity and Conservation Act 1999 ("EPBC Act") and Victorian planning and environmental legislation could enjoy a streamlined assessment process under a bilateral agreement that is currently being negotiated between the Commonwealth and the State of Victoria.

This article provides an outline of the draft Victorian Bilateral Agreement and considers the effectiveness of bilateral agreements in other jurisdictions in light of submissions received by the current inquiries into the EPBC Act.

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