(1) The Minister may, by legislative instrument, declare a specified State or self - governing Territory to be a declared State or Territory .
(2) The Minister must not declare a State or a self - governing Territory unless, at the time of the declaration, the State or Territory is a party to the National Partnership Agreement on Coal Seam Gas and Large Scale Coal Mining Development between the Commonwealth and one or more States or self - governing Territories that commenced on 14 February 2012.