Govt to introduce Environmental Protection Reform Bill
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The news: The government will introduce its Environmental Protection Reform Bill into the House of Representatives on Thursday, proposing a slate of reforms to the Environment Protection and Biodiversity Conservation (EPBC) Act that currently governs the environmental approvals process for all major projects.
The context: A statement released by the Department of Climate Change, Energy, the Environment and Water (DCCEEW) said that the reforms are based on the recommendations from Professor Samuel’s report, which were widely supported by the Coalition and Greens at the time.
Analysis by the DCCEEW found that the reforms could inject between $500 million and $7 billion to the national economy. It also found that approvals times had blown out by 70 weeks in the 25 years since the laws were first introduced.
The package to be introduced on Thursday is centred around three pillars: stronger environmental protections, more efficient assessments and approvals, and greater accountability.
The Bill will propose establishing a power for the Minister to make a decision on an environment application that is inconsistent with proposed new National Environment Standards, a new offsets regime, and higher penalties for intentional and severe breaches of environmental law.
To boost efficiency, the Bill calls for the removal of duplication in approvals and assessment systems by updating bilateral agreements with states and territories and the introduction of a ‘Streamlined Assessment Pathway’ to reduce assessment time.
The Bill will propose the establishment of Australia’s first independent National Environmental Protection Agency, an independent watchdog with new, stronger powers that include the issuance of ‘stop-work’ orders and launch audits of approval holders. The Bill also proposes the establishment of a statutory Head of Environment Information Australia to oversee better environmental data and reporting.
On Wednesday, Environment Minister Murray 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.
What they said: Minister Watt will deliver a speech at the National Press Club on Thursday following the introduction of the Bill into the House. Watt will say: “The Coalition’s internal splits see them lurch around, from claiming victory when they first saw the draft bill, to saying the exact opposite the next day…Meanwhile the Greens Party’s absolutism leads them, yet again, to threaten to block important environmental reform, rather than make progress…It’s no wonder environmental law reform in Australia has proven to be one of the hardest tasks in politics.
“But for all those obstacles, reform can and will be done. And with the hyper partisan atmosphere of an election campaign behind us, now is the best opportunity to pass a balanced set of laws, in the spirit of the Samuel Review, that are firmly in the national interest,” Watt will add.
Ken Henry, chair, Australian Climate and Biodiversity Foundation said: “Reforming our broken environmental laws is an obvious lever to enhance resilience and lift moribund productivity growth…And if we can’t achieve environmental law reform, then we should stop dreaming about more challenging options.”
CEO of the Business Council of Australia Bran Black said: “We've been extremely pleased with the very consultative and very engaging approach that Minister Watt has taken in terms of the progression of the reforms so far…We are very firmly of the view that there is a window open now for reform. It is a window that people have been calling to have opened for a long time, and it's because the system, as it stands, doesn't deliver for the environment, and it certainly doesn't deliver for business.”
The source: Environment Minister media release
