Environment Minister flags more changes to EPBC Act
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The news: Environment Minister Murray Watt has released new draft legislation details to industry groups as part of the overhaul of the Environment Protection and Biodiversity Conservation (EPBC) Act that is used in the environmental approvals process for all major projects.
Watt said 70% of the draft legislation changes that were recommended in the 2021 Samuel Review of the Act had been circulated to industry and environment groups for their feedback.
The context: Watt today confirmed that the draft will include a power for the Minister to make a decision on an environment application that is inconsistent with proposed new National Environment Standards.
The Samuel Review stated that "the use of this power should be a rare exception, demonstrably justified in the public interest" and a statement of reasons should be made public showing why the decision was made.
Other proposed new sections of legislation sent to industry groups on Monday included:
- The Minister can issue "protection statements" that will tell a decision-maker, such as the head of the proposed Federal Environment Protection Authority, to take into account when considering projects that impact threatened species.
- The statements will clarify restrictions on developments in certain areas of critical species habitats, known as "unacceptable impacts".
- The existing National Interest exemption in the bill will be toughened by allowing conditions to be attached that must be satisfied by a project developer within a timeframe.
Business groups said they had been "drip-fed" the proposed changes to the EPBC Act, which is being reformed for the first time in 25 years. The Samuel Review was handed down five years ago to the then-Coalition government, when Opposition Leader Sussan Ley was Environment Minister.
Business Council of Australia CEO Bran Black said the group was considering whether to support the latest batch of reforms, but remained concerned with proposed new powers for the federal EPA head, who would be able to issue stop work orders to projects that already had approvals in place.
What they said: "The fundamental point for us is how we can go about ensuring that at the end of the day there is a more streamlined, faster more certain approach to making applications. That’s what businesses want," Black told media earlier today.
The source: Environment Minister media release
