The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows the Australian Government to make bilateral agreements. These are agreements with states and territories.
A bilateral agreement with the South Australian (SA) Government allows us to accredit certain assessment processes. This removes the need for a separate assessment. When the agreement takes effect, the SA Government can assess eligible actions for us.
The SA bilateral agreement:
- promotes a partnership approach to environmental protection and biodiversity
- reduces duplication between state and federal assessments
- makes assessment more efficient and effective
- strengthens intergovernmental cooperation and information sharing.
Proponents must contact us at the same time they contact the SA Government. This helps us provide the right information at the right time for a single assessment process.
You need to submit referrals to us, and the:
- SA Department for Housing and Urban Development; or
- SA Department for Energy and Mining.
If the agreement does not apply to your project, it will be assessed under both SA and Australian Government laws. The 2 agencies will run the assessments efficiently.
Action eligible for an accredited assessment
Conduct a self-assessment if you are proposing an action in SA. You should arrange a pre-referral meeting with the relevant EPBC assessment team if you:
- think your action will need approval under the EPBC Act
- are unsure if you need approval
- want legal certainty on your self-assessment.
We may assess your action under the SA Bilateral Agreement if it is eligible under the:
- Planning, Development and Infrastructure Act 2016 (SA) (PDI Act)
- Mining Act 1971 (SA) (Mining Act).
The criteria for relevant classes of action are as follows.
Meet with both the EPBC assessment team and SA department as early as possible. Consider both the Australian and state approval processes when planning your action.
Relevant classes of action under the PDI Act include:
- impact-assessed developments
- crown developments
- essential infrastructure.
Relevant classes of action under the Mining Act include:
- applications for actions assessed as a mining lease
- application assessed as miscellaneous purposes licences
- applications for retention leases
- programs for environment protection and rehabilitation (for exploration)
- change-in-operations application.
The Hydrogen and Renewable Energy Act 2023 is not included by the agreement.
Assessment agreement with SA
Download
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Summary of accredited assessment processes
Timing your referral submission is critical for state and federal processes. Engage early to ensure you meet the requirements for the bilateral process.
SA Department for Housing and Urban Development
The SA Department for Housing and Urban Development – Planning and Land Use Services, assesses development proposals under the PDI Act.
Visit the SA Planning Portal for information on:
- the PDI Act
- environment impact assessments
- major developments.
SA Department for Energy and Mining
The SA Department for Energy and Mining assesses mining proposals under the Mining Act.
For information on the Mining Act, visit the SA Department for Energy and Mining.
Learn more
Previous assessment agreement with South Australia
Under the assessment bilateral agreement, the Australian Environment Minister can use the SA’s process to inform an assessment of the impacts of any eligible action.
The original assessment bilateral agreement was effective between September 2014 and 2021.
Download
South Australia Assessment Bilateral Agreement (PDF 2.6 MB)
South Australia Assessment Bilateral Agreement (DOCX 108 KB)
Agreement notice (PDF 15 KB)
Agreement notice (DOCX 21 KB)
Report on comments (PDF 190 KB)
Report on comments (DOCX 40 KB)
Statement of reasons (PDF 11 MB)
Statement of reasons (DOCX 55 KB)
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Updating the agreement
After the amendments to the PDI Act and Mining Act, the Minister for the Environment signed the notice of intention to develop a draft assessment bilateral agreement with the SA Government.
Download
Notice of intention to develop a draft assessment bilateral agreement with SA (PDF 55 KB)
Notice of intention to develop a draft assessment bilateral agreement with SA (DOCX 38 KB)
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We signed a new assessment bilateral agreement in 2026. This replaced the 2014 agreement.
Public consultation on the draft assessment bilateral agreement ran from 29 July 2024 to 30 September 2024.
Get in touch
If you have any questions
- Email: eadsaandntsection@dcceew.gov.au
- Call 1800 423 135 to leave a voicemail message. We will return your call as soon as possible.