Each party will comply promptly with any reasonable request from the other party to supply Information relating to this Agreement where that Information is not already publicly available, and noting that the parties will seek to rely on publicly available Information to the extent practicable. The Commonwealth may, from time to time, request NSW to provide copies of studies, reports and other Information (including non-published Information) in addition to the reports required under clause 12.1, where those studies, reports or other Information are in the possession of NSW. Review Five year reviews A review of the operation of this Agreement must be carried out at least once every five years while the Agreement remains in effect in accordance with section 65 of the EPBC Act. Each review of this Agreement will be carried out jointly as agreed by the Senior Officers’ Committee, with each party to meet their own costs. Each review will include an evaluation of the operation of this Agreement against the objects of this Agreement. For the purpose of each review, the parties will also specify key performance indicators in the Administrative Arrangements. Following consultation with the relevant NSW Minister, the Commonwealth Minister must publish the report of a review in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), and is to give a copy of the report of each review to NSW, as soon as practicable the review is completed and before it is published. Transitional reviews An initial review will be undertaken 12 months after the Commencement Date. A review under this clause 13.2 will be undertaken by the Senior Officers’ Committee, unless the parties decide otherwise. The reviews will focus on whether the objects of this Agreement are being achieved and whether the Agreement has been implemented and is working effectively, while also providing an opportunity to ensure national consistency between bilateral agreements. For the purpose of considering the matters on which a review is to be focussed, the parties may also specify key performance indicators related to those matters in the Administrative Arrangements. The parties may agree to seek public comments for the purpose of a review under this clause 13.2. The Commonwealth may, after consulting NSW, publish the results of the review under this clause 13.2 as soon as practicable after the review is completed. The parties may choose not to undertake a transitional review of this Agreement if, before that review would otherwise be undertaken: the need to make another bilateral agreement or vary or replace this Agreement is identified following the amendment or proposed amendment of legislation as envisaged by clause 19.3; or
Each party will comply promptly with any reasonable request from the other party to supply Information relating to this Agreement where that Information is not already publicly available, and noting that the parties will seek to rely on publicly available Information to the extent practicable. The Commonwealth may, from time to time, request NSW to provide copies of studies, reports and other Information (including non-published Information) in addition to the reports required under clause 12.1, where those studies, reports or other Information are in the possession of NSW. Review Five year reviews A review of the operation of this Agreement must be carried out at least once every five years while the Agreement remains in effect in accordance with section 65 of the EPBC Act. Each review of this Agreement will be carried out jointly as agreed by the Senior Officers’ Committee, with each party to meet their own costs. Each review will include an evaluation of the operation of this Agreement against the objects of this Agreement. For the purpose of each review, the parties will also specify key performance indicators in the Administrative Arrangements. Following consultation with the relevant NSW Minister, the Commonwealth Minister must publish the report of a review in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), and is to give a copy of the report of each review to NSW, as soon as practicable the review is completed and before it is published. Transitional reviews An initial review will be undertaken 12 months after the Commencement Date. A review under this clause 13.2 will be undertaken by the Senior Officers’ Committee, unless the parties decide otherwise. The reviews will focus on whether the objects of this Agreement are being achieved and whether the Agreement has been implemented and is working effectively, while also providing an opportunity to ensure national consistency between bilateral agreements. For the purpose of considering the matters on which a review is to be focussed, the parties may also specify key performance indicators related to those matters in the Administrative Arrangements. The parties may agree to seek public comments for the purpose of a review under this clause 13.2. The Commonwealth may, after consulting NSW, publish the results of the review under this clause 13.2 as soon as practicable after the review is completed. The parties may choose not to undertake a transitional review of this Agreement if, before that review would otherwise be undertaken: the need to make another bilateral agreement or vary or replace this Agreement is identified following the amendment or proposed amendment of legislation as envisaged by clause 19.3; or
nsw-bilateral-agreement-assessment-2015.docx