On 12 December 2009, the Minister for the Environment, Heritage and the Arts (Minister) tabled the independent review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) – The Australian Environment Act: Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – in Parliament (Review).
The EPBC Act establishes a national approach to environment protection and biodiversity conservation. It appoints the Minister as the key decision-maker for environmental impact assessment and approval in relation to matters of National Environmental Significance (NES) and establishes an integrated biodiversity management regime comprised of:
- > listing of threatening processes, endangered species and communities, and recovery, wildlife conservation and threat abatement plans for those species
- identification and monitoring of biodiversity
- bioregional planning " establishment and management of protected areas including Commonwealth reserves, conservation zones, World Heritage areas, Ramsar wetlands and the Australian Whale Sanctuary
- conservation agreements over private land, and
- scientific and advisory committees.
The Review recognised that the EPBC Act is, in many respects, regarded as world leading and has many positive features which should be retained including:
- clear specification of matters of NES
- the Minister's role as the decision maker
- public participation provisions
- explicit consideration of social and economic issues
- statutory advisory mechanisms, and
- the strong compliance and enforcement regime.
However, the Review recommends that various reforms be made to the EPBC Act, particularly reforms which promote the sustainability of Australia's economic development, reduce and simplify the regulatory burden, ensure activities under the EPBC Act represent the most efficient and effective ways of achieving desired environmental outcomes, and are based on an effective federal arrangement.
The Review contains 71 recommendations "revolving around 9 core elements" as follows:
- redraft the EPBC Act to better reflect the Australian Government's role, streamline its arrangements and rename it the Australian Environment Act
- establish an independent Environment Commission to advise the government on project approvals, strategic assessments, bioregional plans and other statutory decisions
- invest in the building blocks of a better regulatory system such as national environmental accounts, skills development, policy guidance, and acquisition of critical spatial information
- streamline approvals through earlier engagement in planning processes and provide for more effective use and greater reliance on strategic assessments, bioregional planning and approvals bilateral agreements
- set up an Environment Reparation Fund and national "biobanking" scheme
- provide for environmental performance audits and inquiries
- make changes in respect of matters of NES, including:
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- the creation of a new matter of NES for "ecosystems of national significance"
- the introduction of an interim greenhouse trigger, with a maximum threshold of 500,000 tonnes of carbon dioxide equivalent emissions, by way of Regulation to "sun-set" upon commencement of the Carbon Pollution Reduction Scheme, and
- the introduction of a requirement for strategic assessment and approval of water plans which authorise actions that have, will have or are likely to have a significant impact on a matter of NES and the Basin Plan under the Water Act 2007 (Cth),
- improve transparency in decisionmaking and provide greater access to the courts for public interest litigation, and
- mandate the development of foresight reports to help government manage emerging environmental threats.
The Review can be accessed at http://www.environment.gov.au/ epbc/review/index.html .
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