COMMONWEALTH OF AUSTRALIA
STATE OF SOUTH AUSTRALIA
MEMORANDUM OF
UNDERSTANDING
Between:
the Commonwealth of Australia
(Commonwealth)
And
State of South Australia
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COMMONWEALTH OF AUSTRALIA
STATE OF SOUTH AUSTRALIA
Background
Context
A. Under the Intergovernmental Agreement on the Environment 1992 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 South Australia 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 South Australia to deliver a one-stopshop for environmental approvals under the Environment Protection and
Biodiversity Conservation Act 1999 (EPBC Act) removing duplication in
assessment and approvals processes, while ensuring the objects of the EPBC
Act are met for matters of National Environmental Significance (NES).
D. This MoU is not a legal agreement. However, both Parties commit to using
their best endeavours to achieve its purpose.
Objects
E. Consistent with the objects specified in section 44 of the EPBC Act, the
objects of this MOU and the assessment and approvals agreements will be to:
a. Ensure, high standards and outcomes are maintained for the protection of
the environment and, in particular, matters of NES;
b. Promote the conservation and ecologically sustainable use of natural
resources consistent with relevant legislation;
c. Ensure the adoption of best practice regulatory processes for achieving 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 South Australia.
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Roles
F. Consistent with the objects of the MoU, South Australia will become
responsible for:
a. Assessing projects for the purpose of the EPBC Act to reduce
duplication between jurisdictions; and
b. Approving projects when an approval bilateral agreement has been
signed and implementation milestones as may be specified in the
agreements are reached.
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.
H. The Parties agree to consider options such as the sharing of information and
expertise to facilitate South Australia fulfilling its assessment and approval
functions.
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. The State of South Australia represented by the Premier.
2. Standards
2.1.1 In developing an agreement to integrate Commonwealth and South Australian
environmental assessment and approval processes, the Parties agree that:
a. Maintaining EPBC Act risk and outcome-based standards will be the basis
for development of agreements to ensure strong and effective
environmental outcomes and provide legal certainty for proponents; and
b. Except where required to meet EPBC Act outcome-based standards, or to
enhance efficiency and provide certainty for proponents, it is their
intention that minimum changes will be made to state processes for the
purposes of this reform.
2.1.2 In developing and implementing agreements as outlined in this MoU, the
Parties agree that to ensure that environmental standards are maintained:
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COMMONWEALTH OF AUSTRALIA
STATE OF SOUTH AUSTRALIA
a. South Australia will not act inconsistently with relevant Commonwealth
EPBC Act statutory guidelines, plans and policies in its decision-making;
and
b. The Commonwealth will meaningfully consult with South Australia before
amending or adopting guidelines, plans and policies. The parties will
agree to arrangements for ongoing governance that will include
processes for this consultation to occur.
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.
4. Accrediting Assessments
4.1.1 By March 2014, the Parties will agree a comprehensive assessment bilateral
agreement to accredit South Australia to undertake a single assessment
process for both Commonwealth and South Australian purposes.
4.1.2 The Parties agree the goal is to lift the use of single accredited assessment
processes to 100 per cent of proposals where the relevant processes have
been agreed to be within the scope of this reform, subject to South Australia
undertaking comprehensive environmental assessments that meet
Commonwealth standards, and subject to completion of necessary
implementation arrangements agreed by the Parties.
4.1.3 When undertaking assessments as part of any accredited authorisation
processes, South Australia 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 through agreed governance
arrangements, in order to minimise costs to both Parties and proponents.
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; and
 Clarity as to the responsible decision maker/s.
b. For the Parties:
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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
5. Accrediting Approvals
5.1.1 The Parties will pursue a comprehensive approvals bilateral agreement to
accredit South Australia to undertake approvals under the EPBC Act, to be
concluded by 18 September 2014.
5.1.2 The Parties agree in principle that a broad range of approvals will be
considered in progressing an approvals bilateral agreement.
5.1.3 The agreement will include a process of regular review. There will be:
a. A comprehensive joint review after 12 months of the operation of the
agreement and the outcomes achieved, and periodic joint review after that;
b. A process to ensure that when proponents first seek regulatory approval
from either the Commonwealth or South Australia, there is certainty about
whether the assessment or approval bilateral agreement will apply,
particularly during the process of negotiating the approvals bilateral
agreement;
c. Any accredited process will ensure that any decisions proposed by South
Australia will result in at least equivalent protection for matters of NES, and
that South Australian 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
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COMMONWEALTH OF AUSTRALIA
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conditions to be applied by the Commonwealth over and above those
applied by South Australia 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.
6. Additional administrative streamlining
6.1.1 To complement the objects of this agreement, South Australia will continue to
streamline its assessment and approval processes while maintaining
environmental standards.
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 and as
necessary will collaborate to this end;
b. The Parties agree to provide an agreed standard of up-front guidance to
industry, and will work towards publishing standard information
requirements and conditions for high priority sectors in the first instance;
c. Where the Commonwealth retains approval of a proposal containing a
controlled action, the Commonwealth agrees to use a single assessment
report, where South Australia has undertaken a comprehensive
environmental assessment. In addition, the Commonwealth agrees to use
the proposed conditions provided by South Australia and, to the greatest
extent possible, will avoid imposing additional conditions when making
approval decisions under the EPBC Act;
d. The Commonwealth and South Australia 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 South Australia, 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 necessary to maintain
environmental standards as required by relevant State and
Commonwealth legislation.
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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.
7. Use of strategic assessments
7.1.1 During 2014, the Parties agree to work towards development of agreed
priorities and approaches to strategic assessment that will be effective in the
South Australian context and meet both parties’ requirements for assessment
frameworks that provide an efficient mechanism for protecting the
environment. .
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:
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.
8.1.4 Parties will agree an ongoing framework for joint governance of arrangements
implemented pursuant to this MOU.
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COMMONWEALTH OF AUSTRALIA
STATE OF SOUTH AUSTRALIA
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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COMMONWEALTH OF AUSTRALIA
STATE OF SOUTH AUSTRALIA
SIGNED for and on behalf of the State
of South Australia as represented by
Premier of SOUTH AUSTRALIA
Name (print)
Signature
Date
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COMMONWEALTH OF AUSTRALIA
STATE OF SOUTH AUSTRALIA