Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen this Part does not apply
(1) This Part does not apply in relation to an action if:
(a) the Minister has declared in writing that actions in a class that includes the action need not be assessed under this Part; and
(b) the declaration is in operation.
Note: An action will be in a class of actions declared not to need assessment under this Part only if the action has been assessed in a manner specified in the declaration.
Declaration
(2) The Minister may declare in writing that actions in a specified class of actions assessed by the Commonwealth or a Commonwealth agency in a specified manner do not require assessment under this Part.
Prerequisites for making a declaration
(3) The Minister may make a declaration only if he or she is satisfied that:
(a) assessment of an action in the specified manner will include assessment of the impacts the action:
(i) has or will have; or
(ii) is likely to have;
on each matter protected by a provision of Part 3; and
(b) the specified manner of assessment meets the standards (if any) prescribed by the regulations; and
(c) if the taking of an action assessed in the specified manner must be approved under Part 9, he or she will receive a report including, or accompanied by, enough information about the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purpose of each controlling provision) the taking of the action.
Further requirements for making a declaration
(3A) Sections 34A, 34B, 34BA, 34C, 34D, 34E and 34F apply in relation to the making of a declaration under this section in the same way that they apply to the making of a declaration under section 33.
Specified manner of assessment
(4) The manner of assessment that may be specified in a declaration includes assessment by a Commonwealth agency under a law of the Commonwealth. This does not limit subsection (2).
Publishing declaration
(5) The Minister must publish a declaration in accordance with the regulations.
Revoking declaration
(6) The Minister may, by instrument in writing published in accordance with the regulations, revoke a declaration.
Minister must not give preference
(7) In making or revoking a declaration relating to an action taken:
(a) by a person for the purposes of trade between Australia and another country or between 2 States; or
(b) by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.