COMMONWEALTH OF AUSTRALIA
NEW SOUTH WALES GOVERNMENT
MEMORANDUM OF
UNDERSTANDING
Between:
the Commonwealth of Australia
(Commonwealth)
And
New South Wales
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Background
Context
A. Under the Intergovernmental Agreement on the Environment 1992 (IGAE)
and Council of Australian Governments’ Heads of Agreement on
Commonwealth and State Roles and Responsibilities for the Environment
1997, the Parties committed to working together across shared
responsibilities to protect and conserve Australia’s environment.
B. Both the Commonwealth and New South Wales are committed to cooperative
efforts to strengthen intergovernmental cooperation on the environment and to
minimise costs to business while maintaining high environmental standards.
Purpose
C. The purpose of the MoU is to set out the agreed arrangements that will be
pursued by the Commonwealth and New South Wales to deliver a one stop
shop for environmental approvals under the Environment Protection and
Biodiversity Conservation Act 1999 (EPBC Act) removing duplication in
assessment and approvals processes, while maintaining environmental
outcomes.
D. This MoU is not a legal agreement. However, both Parties commit to using
their best endeavours to achieve its purpose.
Objects
E. The objects of the assessment and approvals agreements will be to:
a. Ensure high standards are maintained for the protection of the
environment and, in particular, matters of national environmental
significance (NES);
b. Promote the conservation and ecologically sustainable use of natural
resources;
c. Ensure an efficient, timely and effective process for environmental
assessment and approval of actions; and
d. Remove unnecessary duplication in the environmental assessment and
approvals processes of the Commonwealth and New South Wales.
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Roles
F. Consistent with the objects of the MoU, New South Wales will become
responsible for assessing projects for the purpose of the EPBC Act to reduce
duplication between jurisdictions, and – within 12 months – approving
projects, when an approval bilateral agreement has been signed.
G. Consistent with the objects of the MoU, the Commonwealth will take a more
strategic approach to environmental protection and assurance when an
approval bilateral agreement has been signed.
Provisions
1. Parties
1.1.1 The Parties to this MoU are the:
a. Commonwealth of Australia represented by the Prime Minister and the
Commonwealth Minister for the Environment (Commonwealth); and
b. New South Wales represented by the Premier and the New South Wales
Minister for Planning and Infrastructure(New South Wales).
2. Standards
2.1.1 In developing an agreement to integrate Commonwealth and New South
Wales environmental assessment and approval processes, the Parties agree
that maintaining EPBC Act standards will be the basis for development of
agreements - ensuring strong and effective environmental outcomes and
providing legal certainty for proponents.
2.1.2 In developing and implementing agreements as outlined in this MoU, the
Parties agree that to ensure that environmental standards are maintained:
a. New South Wales will not act inconsistently with relevant Commonwealth
EPBC Act statutory guidelines, plans and policies in its decision-making;
and
b. The Commonwealth will consult with New South Wales before amending
or adopting guidelines, plans and policies.
3. Consultation
3.1.1 The Parties acknowledge the importance of working with stakeholders and
the community to develop the new arrangements and to build confidence in
the one stop shop agreements and maintenance of high environmental
outcomes.
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4. Accrediting Assessments
4.1.1 Within 6 months, the Parties will conclude a comprehensive assessment
bilateral agreement to accredit New South Wales to undertake a single
assessment process for both Commonwealth and New South Wales
purposes.
4.1.2 The Parties agree the goal is to lift the use of single accredited assessment
processes to 100 per cent, where New South Wales undertakes
comprehensive environmental assessments that meet EPBC Act standards.
4.1.3 When undertaking assessments as part of any accredited authorisation
processes, New South Wales will ensure that matters of NES are separately
identified and assessed, taking into account Commonwealth guidelines, plans
and policies.
4.1.4 The assessment bilateral agreement will include administrative procedures
and arrangements to ensure that assessment of projects is undertaken as
efficiently as possible, with regular oversight by officials, in order to minimise
costs to both Parties and industry. These procedures and arrangements may
include but not be limited to:
a. For proponents:
 Agreed information requirements;
 Single assessment reports and proposed conditions; and
 Single public consultation.
b. For the Parties:
 An agreed action plan for streamlining assessments;
 Information exchange and data sharing within stipulated timeframes;
 Exchange or placement of staff, as required;
 Referral arrangements that include early consultation;
 Identification of project contact officers and ongoing project liaison
arrangements;
 Commitment to assessment schedules for each project with clear
timeframes and milestones;
 Public notification responsibilities;
 Monitoring compliance with conditions; and
 Conflict resolution.
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5. Accrediting Approvals
5.1.1 The Parties will pursue a comprehensive approvals bilateral agreement to
accredit New South Wales to undertake approvals under the EPBC Act, to be
concluded by 18 September 2014. The Parties will seek to have an approvals
bilateral agreed in principle by the end of April 2014, followed by the statutory
consultation period.
5.1.2 The Parties agree that the broadest range of approvals will be pursued under
an approvals bilateral agreement.
5.1.3 The agreement will include a process of regular review. There will be:
a. A comprehensive review after 12 months of the operation of the
agreement and the outcomes achieved, and periodic review after that;
b. A process to ensure that when proponents first seek regulatory approval
from either the Commonwealth or New South Wales, there is certainty
about whether the assessment or approval bilateral agreement will apply –
particularly during the negotiation process;
c. Any accredited process will ensure that any decisions proposed by New
South Wales will result in at least equivalent protection for matters of NES,
and that New South Wales decision-makers will not act inconsistently with
relevant EPBC statutory guidelines, plans and policies in considering
decisions under an accredited process;
d. Appropriate assurance arrangements will be an important part of the
approval bilateral agreement;
e. In the interim, and in any circumstances where approval responsibility
under the EPBC Act remains with the Commonwealth, the Parties commit
to working to develop joint protocols to minimise the need for specific
conditions to be applied by the Commonwealth over and above those
applied by New South Wales as part of its state approval process; and
f. When an approval bilateral agreement is in place, the parties will agree an
approach to managing the transition of projects under assessment at that
time.
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6. Additional administrative streamlining
6.1.1 To complement the objects of this agreement, New South Wales will continue
to streamline its assessment and approval processes while maintaining
environmental standards. New South Wales will engage the Commonwealth
on these efforts, and report to the public on progress.
6.1.2 The following improvements will be pursued administratively by the Parties,
while the aforementioned negotiations progress:
a. Both Parties will take steps to improve the efficiency and effectiveness of
their own assessment processes to the greatest extent possible;
b. The Parties agree to provide greater up-front guidance to industry, and
will work towards publishing standard information requirements and
outcome-focused conditions for high priority sectors;
c. The Commonwealth agrees to use a single assessment report, where
New South Wales has undertaken a comprehensive environmental
assessment. In addition, the Commonwealth agrees to use the proposed
conditions provided by New South Wales and, to the greatest extent
possible, will avoid imposing additional conditions when making approval
decisions under the EPBC Act;
d. The Commonwealth and New South Wales undertake to meet to the
greatest extent possible statutory timeframes;
e. For projects where further conditions are imposed by the Commonwealth,
additional to those imposed by New South Wales, the Parties agree to
provide a single document that contains all the conditions of approval for
that project imposed by both jurisdictions; and
f.
The Parties agree to ensure that wherever conditions of approval are
imposed, they are outcome-focused and strictly necessary to maintain
environmental standards.
6.1.3 The Parties agree to pursue active, joint project management for major
projects while both Commonwealth and state assessment and approval
responsibilities are involved.
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7. Use of strategic assessments
7.1.1 The Parties agree to finalise the strategic assessments of a Biodiversity Plan
for Coal Mining in the Upper Hunter Valley NSW and a Program for protection
of matters of national environmental significance in the Lower Hunter Region
and to progress approval of classes of actions under these strategic
assessments.
7.1.2 The Parties agree to work towards the development of an agreed priority list
for existing and future strategic assessments in New South Wales by
December 2013.
8. Future cooperation
8.1.1 Both Parties will each identify senior officials responsible for leading
negotiations to progress the intention of this MoU.
8.1.2 To support any accredited arrangement, the Parties will identify agreed areas
of cooperation including:
a. a detailed implementation plan that is negotiated and agreed by all parties
to be developed;
b. exchanging data and joint analysis of environmental conditions and trends;
and
c. coordinating efforts to address adverse trends for matters of NES, for
example by identifying options to improve the effectiveness of existing
investment in environmental actions, land management and policy
settings.
8.1.3 Under any agreement made, the Parties will ensure there are agreed
arrangements for greater information sharing, consultation and dispute
resolution, including through the use of governance arrangements that
promote strong communication and cooperation.
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Execution Page
EXECUTED as a Memorandum of Understanding
SIGNED for and on behalf of the
Commonwealth of Australia
as represented by
Prime Minister
Commonwealth Minister for the
Environment
Name (print)
Name (print)
Signature
Signature
Date
Date
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SIGNED for and on behalf of New
South Wales as represented by
Premier of NEW SOUTH WALES
NEW SOUTH WALES Minister for
Planning and Infrastructure
Name (print)
Name (print)
Signature
Signature
Date
Date
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