Bilateral Agreement for Environmental Impact Assessment

On 21 April 2026, the Premier of Western Australia, Roger Cook, and the Commonwealth Minister for the Environment and Water, Minister Watt, signed a Memorandum of Understanding (MoU) to develop and implement an updated assessment bilateral agreement (Updated Bilateral Agreement). The announcement of the Updated Bilateral Agreement follows the Commonwealth government’s announcement to provide $45 million over four years to progress bilateral agreements across jurisdictions.

Section 45(2) of the Environmental Protection Biodiversity and Conservation Act 1999 (Cth) (EPBC Act) defines a ‘bilateral agreement’ as a written agreement between the Commonwealth and a State …. that provides for the protection of the environment, minimises duplication in the environmental assessment and approval process and is expressed to be a bilateral agreement.

A bilateral agreement allows for a State or Territory environmental assessment to be accredited and for the final assessment report to be supplied to the Commonwealth Environment Minister for consideration and a decision. 

Bilateral agreements are not new. Western Australia and the Commonwealth Government currently have a bilateral agreement in place under the previous provisions of the EPBC Act (Existing Bilateral Agreement). The Existing Bilateral Agreement consolidates the environmental impact assessment process for actions that fall within a specified class. This includes actions which follow the Assessment on Proponent Information process, Public Environmental Review, Environmental Review and Management Program and native vegetation clearing permits.

The stated aim of the Updated Bilateral Agreement is to further streamline the processes related to environmental impact assessments for proponents in Western Australia and to reduce duplication between State and Commonwealth requirements.

Key Features of the Updated Bilateral Agreement  

The Updated Bilateral Agreement retains key features of the Existing Bilateral Agreement whilst introducing some new features. The MoU does not clearly define to what extent the remit of the Updated Bilateral Agreement will be broadened from the Existing Bilateral Agreement.

Consistent Features

·       Accredited State-led Assessments: The Updated Bilateral Agreement will accredit the Western Australian environmental impact assessment process, enabling State reports to be used for both State and Commonwealth approvals.

• Single Set of Conditions: The MoU provides that an objective of the Updated Bilateral Assessment is to implement a single set of conditions that are outcomes-focussed.

New Features

·       National Oversight: Unlike previous iterations, the new agreement will be subject to assurance by the newly established National Environmental Protection Agency.

• Alignment with Standards: The final agreement will be implemented after the introduction of National Environmental Standards to ensure full alignment with federal requirements. The draft of the National Environmental Standard for Matters of National Environmental Significance is currently open for public comment, with consultation closing on 29 May 2026. 

Approval Bilateral Agreement

One stated objective of the MoU is the preparation of an Approval Bilateral Agreement, following the introduction of the Updated Bilateral Agreement. It is intended that the WA and Commonwealth governments will begin the process of drafting an Approval Bilateral Agreement once the Updated Bilateral Agreement is in place.

Conclusion

The Updated Bilateral Agreement supports the streamlining of environmental regulation in Western Australia. By accrediting State processes and utilising a single assessment pathway, the state and federal governments intend to provide a more efficient and certain regulatory environment for proponents while maintaining high environmental standards.