Investing in Our Natural and Cultural Heritage - REFORM OF COMMONWEALTH ENVIRONMENTAL LEGISLATION

	Document Index 1999-2000 Ministerial Statements Investing in our Natural and Cultural Heritage Chapter 3

REFORM OF COMMONWEALTH ENVIRONMENTAL LEGISLATION

The Government has introduced into Parliament the Environment Protection and Biodiversity Conservation Bill (EPBC Bill) and the associated Environmental Reform (Consequential Provisions) Bill. The Government will seek to enact the Bills as soon as possible.

The EPBC Bill represents the only comprehensive attempt in the history of Australia's Federation to define the environmental responsibilities of the Commonwealth Government. It proposes the most fundamental reform of Commonwealth environmental legislation since the first environment statutes were enacted in the early 1970s.

The EPBC Bill implements key elements of the COAG Heads of Agreement on Commonwealth and State Roles and Responsibilities for the Environment. The Bill focuses Commonwealth responsibilities and interests on matters of national environmental significance and will put in place a streamlined environmental assessment and approvals process.

The Government has introduced to Parliament the Environment and Heritage Legislation Amendment Bill 1999, to give effect to Australia's commitments under the Protocol to the 1972 London Convention. The Protocol provides for a rigorous approach to dumping wastes at sea, allowing only seven classes of material (including dredge material, vessels and platforms) to be dumped at sea after an issue of a permit.

Box 3.1: An Efficient Environmental Assessment and Approval Process

The EPBC Bill implements a modern environmental assessment and approval process.

Reliance on direct environmental triggers will substantially increase the certainty and efficiency of the assessment and approval process. Accordingly, the new process delivers significant benefits for proponents, without compromising environmental standards.

The proponent may trigger the process, avoiding the current delays associated with designation under the Environment Protection (Impact of Proposals) Act 1974.
By relying on specific environmental criteria as triggers (and not the existing indirect triggers), the proponent and the community know up-front whether the Commonwealth is involved; there is not the existing capacity for late intervention.
Tight statutory timeframes are now included at all stages in the process to ensure timely decision-making.
Commonwealth assessment is confined to impacts on the matters of national environmental significance (the Commonwealth will not assess matters which are more appropriately the responsibility of the States).

There are appropriate linkages to State processes at all stages, ensuring an integrated assessment process that minimises delay and duplication.

The decision whether to grant approval is made after considering social and economic factors as well as the matters of national environmental significance.

Other features of the new process include: express recognition of the precautionary principle and the other principles of ecologically sustainable development; and, the adoption of a strategic assessment process to promote cumulative and regional assessments.

A key element of the Bill is the increased capacity for the Commonwealth to accredit State and Territory processes, and where appropriate, State and Territory decisions. Through the use of bilateral agreements the Commonwealth will be able to 'delegate' to the States responsibility for conducting assessments for projects involving matters of national environmental significance where State processes meet appropriate criteria.

The Bill also provides a substantially improved and integrated framework for the conservation and sustainable use of Australia's biodiversity.

The Bill will establish a new legislative framework to enable the Commonwealth to deal with current and emerging environmental issues and allow Australia to meet the environmental challenges of the twenty-first century with renewed confidence.

Box 3.2: Integrated Approach to Biodiversity Conservation

The EPBC Bill will strengthen Australia's capacity to protect its biodiversity. Key Features of the EPBC Bill include:

providing for voluntary conservation agreements with landholders for the conservation of biodiversity;
enhancing protection for threatened species through improvements to the listing process; providing for the recognition of vulnerable ecological communities and conservation dependent species; and, the application of specialised criteria to assess the conservation status of marine biota;
providing for regulations to be made for the control of access to biological resources in Commonwealth areas;
providing for the improved management of Commonwealth reserves, including through application of the IUCN Protected Areas Management Guidelines;
removing an existing impediment to the creation of marine reserves;
improving protection for World Heritage properties;
for the first time, providing legislative protection for Ramsar wetlands of international importance and migratory species;
recognising and promoting improved management for Biosphere reserves;
promoting bioregional planning; and
providing for increased recognition of the importance of identification and monitoring of components of biodiversity.

The Bill also provides for the formal establishment of the Australian Whale Sanctuary. The establishment of the sanctuary complements Australia's efforts at the international level to secure, through the establishment of a truly global sanctuary, a permanent international ban on commercial whaling.

Contact: Environment Australia, Portfolio Strategies Group -- 02 6274 1383