The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows bilateral agreements between the Australian and Western Australian (WA) governments. These let us accredit WA environmental assessment and approval processes.
Bilateral agreements allow each state or territory to assess proposed actions (projects or developments) on behalf of the Australian Government.
They remove the need for a separate assessment, reducing duplication. The Commonwealth Environment Minister uses a state or territory's environmental assessment report to inform the final decision about whether to approve an action.
You will need to submit referrals to us and the Western Australia Department of Water and Environmental Regulation. Your project may need to be assessed under both Western Australian and Australian Government law. In this case, the two relevant agencies will look to undertake the assessments under a single process.
Memorandum of Understanding with Western Australia
On 21 April 2026, the Commonwealth Minister for the Environment and Water, Minister Watt, and the Premier of Western Australia, Roger Cook, signed a Memorandum of Understanding to develop and implement an assessment bilateral agreement, with the ambition for an approval bilateral agreement to follow.
Assessment agreement with Western Australia
Our assessment agreement with the Western Australian government began on 1 January 2015.
Find out more
Western Australia Assessment Bilateral Agreement (PDF 2 MB)
Western Australia Assessment Bilateral Agreement (DOCX 207 KB)
Agreement notice (PDF 22 KB)
Agreement notice (DOCX 22 KB)
Report on comments (PDF 46 KB)
Report on comments (DOCX 43 KB)
Statement of reasons (PDF 3 MB)
Statement of reasons (DOCX 62 KB)
Intention for a draft assessment bilateral agreement
In 2016, the Western Australian Government published changes to the Environmental Impact Assessment (Part IV Divisions 1 and 2) Administrative Procedures 2016 under the Environmental Protection Act 1986 (WA).
For information on the Environmental Protection Act 1986 visit Department of Water and Environmental Regulation.
These changes mean the original agreement no longer apply to some proposals.
The Australian and WA governments have agreed to a process to make a new assessment bilateral agreement.
This new agreement will:
- streamline environmental assessments between governments
- update the arrangements by removing and replacing the existing agreement.
Under the EPBC Act, the Environment Minister must publish a notice of intention to develop a draft bilateral agreement. They must do this as soon as possible after starting to draft an agreement with a state or territory.
Final notice of intention to develop a draft assessment bilateral agreement (PDF 112 KB)
Final notice of intention to develop a draft assessment bilateral agreement (DOCX 23 KB)
Get in touch
If you have any questions about bilateral agreements with Western Australia:
- Email: epbc.referrals@dcceew.gov.au
- Phone: 1800 423 135 between 9 am and 5 pm Canberra time.