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Does the EPBC Act override State Law?

The EPBC Act does not necessarily override State law. The Act establishes assessment and approval requirements that are to be considered in addition to existing approvals required under State law. This means that an action still needs to be approved under all applicable State laws as well as under the EPBC Act. Under the Act, the Commonwealth can enter into a "bilateral agreement" with the State or Territory, which have the effect of delegating the Commonwealth's assessment and approval powers to the State or Territory Government. This is in the process of happening for South Australia, as a draft bilateral agreement was produced at the end of 2007.

Does the EPBC Act override State Law?  :  Last Revised: Thu May 22nd 2008




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