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2019-2020-2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
AMENDMENT (STANDARDS AND ASSURANCE) BILL 2021
REVISED EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)
THIS MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY THE
HOUSE OF REPRESENTATIVES TO THE BILL AS INTRODUCED
AND ADDRESSES THE CONCERNS RAISED BY THE SENATE STANDING
COMMITTEE FOR THE SCRUTINY OF BILLS IN SCRUTINY DIGEST
NO. 8 OF 2021, DATED 16 JUNE 2021
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
AMENDMENT (STANDARDS AND ASSURANCE) BILL 2021
GENERAL OUTLINE
The Environment Protection and Biodiversity Conservation Amendment (Standards and
Assurance) Bill 2021 will ensure that approval bilateral agreements with states and territories
are underpinned by national environmental standards, supported by strong assurance and
oversight mechanisms.
The Independent Review of the Environment Protection and Biodiversity Conservation
Act 1999 identified a need for legally enforceable standards to underpin the effective
operation of the Act. National Environmental Standards will set the requirements for
decision-making to deliver outcomes for the environment and heritage, and will ensure that
Commonwealth requirements and obligations for environmental approval and other decisions
are upheld, regardless of which jurisdiction makes an approval decision.
The Review also identified the need for strong independent oversight of environmental
assessment and approval systems, including accredited state and territory systems, to provide
confidence that the outcomes of the National Environmental Standards are being achieved and
the requirements of the EPBC Act are being upheld.
The Bill will:
establish a framework for the making, varying, revoking and application of National
Environmental Standards. The application of the Standards to bilateral agreements with
the states and territories will provide confidence that the requirements of the Act are being
met when they conduct project assessments and make approval decisions under accredited
processes
establish an Environment Assurance Commissioner to undertake transparent monitoring
or auditing (or both) of the operation of bilateral agreements with the states and territories
and Commonwealth processes under the Act for making and enforcing approval
decisions; and
provide all states and self-governing territories with the ability to request and obtain
advice from the IESC, consistent with the functions of the IESC.
FINANCIAL IMPACT STATEMENT
The Bill establishes a framework for the making, varying, revoking and application of
National Environmental Standards. These measures do not have any financial impacts. The
Bill also establishes the Environment Assurance Commissioner, which is estimated to cost the
Commonwealth no more than $9 million over the next four years. Final costs over this
timeframe and beyond depend on the timing and scope of operational approval bilateral
agreements with states and territories, which are currently being negotiated.
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REGULATION IMPACT STATEMENT
The Interim Report of the Independent Review of the Act identified a need for legally
enforceable standards to underpin the effective operation of the Act. The Interim Report
undertook a process and analysis equivalent to a Regulation Impact Statement. The Interim
Report can be found at www.epbcactreview.environment.gov.au.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
The full statement of compatibility with human rights is attached to this Explanatory
Memorandum.
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ACRONYMS, ABBREVIATIONS AND COMMONLY USED TERMS
The following abbreviations and terms are used in this Explanatory Memorandum:
Act Environment Protection and Biodiversity Conservation Act
1999
AI Act Acts Interpretation Act 1901
Amendment Act Environment Protection and Biodiversity Conservation
Amendment (Standards and Assurance) Act 2021
approval bilateral agreement means a bilateral agreement that includes a declaration
described in subsection 46(1) of the Act
assessment bilateral means a bilateral agreement that includes a declaration
agreement described in subsection 47(1) of the Act
Bill Environment Protection and Biodiversity Conservation
Amendment (Standards and Assurance) Bill 2021
Commissioner Environment Assurance Commissioner
Department means the Department responsible for the administration
of the Act, currently the Department of Agriculture, Water
and the Environment
IESC Independent Expert Scientific Committee on Coal Seam
Gas and Large Coal Mining Development
Legislation Act Legislation Act 2003
Minister means the Minister responsible for the administration of
the Act, currently the Minister for the Environment
PGPA Act Public Governance, Performance and Accountability Act
2013
Regulations Environment Protection and Biodiversity Conservation
Regulations 2000
Streamlining Environmental Environment Protection and Biodiversity Conservation
Approvals Bill Amendment (Streamlining Environmental Approvals) Bill
2020
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NOTES ON AMENDMENTS
Preliminary
Clause 1 - Short Title
Clause 1 provides for the short title of the Amendment Act to be the Environment Protection
and Biodiversity Conservation Amendment (Standards and Assurance) Act 2021.
Clause 2 - Commencement
Clause 2 provides for the commencement of each provision in the Amendment Act, as set out
in the table.
Item 1 in the table provides that sections 1 to 3, and anything in the Amendment Act not
covered elsewhere by this table will commence on the day the Amendment Act receives the
Royal Assent. Item 2 in the table provides that Part 1 of Schedule 1 will commence the day
after the Amendment Act receives the Royal Assent. Item 3 of the table provides that Part 2 of
Schedule 1 will commence on the later of:
(a) immediately after the commencement of the provisions covered by table at Item 2; and
(b) immediately after the commencement of Item 2 of Schedule 5 to the Environment
Protection and Biodiversity Conservation Amendment (Streamlining Environmental
Approvals) Act 2021.
However the provisions of Part 2 of Schedule 1 will not commence at all if the event
mentioned in paragraph (b) does not occur.
Item 4 of the table provides that Schedules 2 and 3 will commence on the day after the
Amendment Act receives the Royal Assent.
Subclause 2(2) provides that any information in column 3 of the table is not part of the Act. It
also clarifies that information may be inserted into column 3 of the table, or information in it
may be edited, in any published version of the Act.
Clause 3 - Schedule
Clause 3 provides that legislation that is specified in a Schedule to the Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any other item in a
Schedule has effect according to its terms. This is a technical provision to give operational
effect to the amendments contained in the Schedules.
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SCHEDULE 1 - NATIONAL ENVIRONMENTAL STANDARDS
Part 1 - Main amendments
Environment Protection and Biodiversity Conservation Act 1999
Background to the amendments
The Independent Review of the Act identified a need for legally enforceable standards to
underpin the effective operation of the Act. National Environmental Standards will set the
requirements for decision-making to deliver outcomes for the environment and heritage, and
clearly define the fundamental processes that ensure sound and effective decision-making.
They will be specific, and provide clear rules, giving upfront clarity and certainty for
decision-makers and proponents.
Part 1 of Schedule 1 will enable the Minister to make standards, known as National
Environmental Standards, which will underpin accredited environmental assessment and
approval processes under bilateral agreements with states and territories, as well as certain
decisions or things under the Act. National Environmental Standards will be a legislative
instrument for the purposes of the Legislation Act.
Approval bilateral agreements allow states and territories to make environmental assessment
and approval decisions in relation to Commonwealth protected matters. National
Environmental Standards will underpin the entry into, and ongoing operation of, bilateral
agreements. The accreditation of state and territory assessment and approval processes will be
contingent on those processes not being inconsistent with the National Environmental
Standards. The amendments in Part 1 of Schedule 1 will provide assurance that accredited
state and territory processes for environmental assessments and approvals are sound and
directed towards delivering national environmental outcomes for nationally protected matters.
The amendments will also enable the Minister to determine certain decisions and things under
the Act that will be subject to the National Environmental Standards. Once a determination
has been made by the Minister, the person making the decision, or doing the thing, must be
satisfied that the decision or thing is not inconsistent with a relevant National Environmental
Standard. Whether a decision or thing is not inconsistent with a National Environmental
Standard can be determined by reference to a range of factors including policies, plans,
programs and funding activities of the Commonwealth, states or territories. The Minister may
make a decision, or do a thing, that is inconsistent with a National Environmental Standard
relevant to the decision or thing if the Minister is satisfied that it is in the public interest to do
so.
Detail of the amendments
Making, varying and revoking National Environmental Standards
Item 6 of Part 1 of Schedule 1 inserts new Chapter 3A and new Part 5A into the Act relating
to National Environmental Standards. The simplified outline at new section 65B provides an
outline of Part 5A. The outline is not intended to be comprehensive, and has been included to
assist readers to understand, rather than replace, the substantive provisions of Part 5A.
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Making a National Environmental Standard
National Environmental Standards will deliver outcomes for the environment and heritage,
and clearly define the fundamental processes that ensure sound and effective decision-
making. New subsection 65C(1) gives the Minister the power to make National
Environmental Standards for the purposes of the Act. Item 7 amends section 528 of the Act to
define a National Environmental Standard as a standard in force under Part 5A.
When a National Environmental Standard is first made, it will be treated as an 'interim'
Standard until it has undergone its first review (new subsection 65G(1) requires the Minister
to cause reviews to be undertaken of each National Environmental Standard, with the first
review to be completed within 2 years of the Standard commencing (new subsection 65G(2)).
A National Environmental Standard will be a legislative instrument for the purposes of the
Legislation Act. As such, the consultation requirements of section 17 of that Act will apply.
Section 17 requires appropriate and reasonably practicable consultation to be undertaken
before a legislative instrument is made. Appropriate consultation will depend on the
circumstances, but will include the extent to which the consultation process drew on the
knowledge of persons having expertise in fields relevant to the proposed National
Environmental Standard, and the extent to which persons likely to be affected by the proposed
National Environmental Standard had an adequate opportunity to comment on its proposed
content. It is anticipated that the National Environmental Standards will be developed in
consultation with science, Indigenous, environmental and business stakeholders and the
community, as well as the states and territories.
While a National Environmental Standard will be a legislative instrument, the disallowance
provision of the Legislation Act will not apply to the first National Environmental Standard
that is made in relation to a particular matter (new subsection 65C(3)). Variations to a
National Environmental Standard, and subsequent National Environmental Standards that
relate to the same matter, will be subject to the disallowance provisions of the Legislation
Act.
National Environmental Standards in force under new Part 5A will be integral to facilitating
single-touch approvals under accredited state and territory environmental assessment and
approval processes. The disallowance of the first Standard made in relation to a particular
matter would frustrate this process, as it would mean no National Environmental Standards
would exist for a particular matter and bilateral agreements would not be underpinned by the
National Environmental Standards. As the Minister must be satisfied that the processes
accredited for a bilateral agreement are not inconsistent with one or more National
Environmental Standards that are in force under new Part 5A (see Items 1 and 2), they are an
essential pre-requisite for the entry into, and the ongoing operation of, bilateral agreements
with the states and territories. As such, an exemption from the disallowance provisions of the
Legislation Act for the first Standard made in relation to a particular matter is required to
ensure the effective operation of bilateral agreements. In addition, as a state or territory
process proposed for accreditation for the purposes of a bilateral agreement will be
benchmarked against the National Environmental Standards in force under new Part 5A, the
exemption from disallowance is necessary to provide certainty to the states and territories, and
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assurance to the public generally, that those processes meet the necessary standards to make
environmental assessment and approval decisions in relation to Commonwealth protected
matters.
Under section 14 of the Legislation Act, unless there is a contrary intention, legislative
instruments:
may apply, adopt or incorporate (with or without modification) the provisions of a
Commonwealth Act, a legislative instrument (within the meaning of the Legislation Act)
or rules of court as in force at a particular time, or as in force from time to time; and
may only apply, adopt or incorporate (with or without modification) any matter contained
in any other instrument or other writing as in force at the time the legislative instrument
commences or a time before it commences.
New subsection 65C(4) creates a contrary intention for the purposes of subsection 14(2) of the
Legislation Act. New subsection 65C(4) will enable a National Environmental Standard to
apply, adopt or incorporate an instrument or other writing as it exists at a particular time, or as
in force or existing from time to time, even if the instrument or other writing does not yet
exist when the Standard is made. For example, a National Environmental Standard may make
reference to Australia's obligations under international conventions, or may refer to
Commonwealth instruments, such as conservation advices.
Conservation advices provide guidance on immediate recovery and threat abatement activities
that can be undertaken to ensure the conservation of a listed threatened species or ecological
community. Under section 266B of the Act, conservation advices are required for each listed
threatened species (except one that is extinct or one that is a conservation dependent species)
and each listed threatened ecological community. Conservation advices can be updated
regularly as new information becomes available. The ability to incorporate documents such as
conservation advices as they exist from time to time ensures the protections in the National
Environmental Standards reflect the latest scientific information. This is consistent with the
current requirements of the Act, which requires the Minister to have regard to any approved
conservation advice for a listed threatened species or listed threatened ecological community
before deciding whether to approve the taking of an action relating to the species or ecological
community (see subsection 139(2)). This requirement applies to all relevant approved
conservation advices that exist at the time the approval decision is being made.
Enabling National Environmental Standards to incorporate documents as in force or existing
from time to time ensures the Standards will remain commensurate with changing
environmental management processes by allowing them to adapt with changing
circumstances. Without this, the ability of the Standards to achieve their stated environmental
outcomes will be diminished over time. It is the intention that any instruments or other
writings applied, adopted or incorporated into a National Environmental Standard will be
freely and publicly available. For example, section 266B of the Act requires the Minister to
publish conservation advices on the internet within 10 days of approval.
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Commencement of a National Environmental Standard
It is necessary to allow an appropriate period between the time a National Environmental
Standard is made, and when it commences, to ensure that state and territory processes will not
be inconsistent with a National Environmental Standard when it commences. New subsection
65C(2) clarifies that a National Environmental Standard will commence on the day specified
in the Standard, which must be at least one month, but not more than 6 months, after the day
on which the Standard is made. As a National Environmental Standard will be a legislative
instrument and available on the Federal Register of Legislation, the date a Standard is made
and commences will be readily available.
The restriction on the time within which a National Environmental Standard can commence
will ensure that all processes to which a National Environmental Standard relates can be
revised and updated (if necessary) to ensure those processes are not inconsistent with a
National Environmental Standard on its commencement. This is necessary as Items 4 and 5
amend sections 58 and 59 of the Act to provide the Minister with the ability to suspend or
cancel an approval bilateral agreement if the Minister is satisfied that a state or territory has
given effect, or will give effect, to the agreement in a way that is inconsistent with a relevant
National Environmental Standard.
Varying or revoking a National Environmental Standard
New subsection 65D(1) gives the Minister the power to vary or revoke a National
Environmental Standard. An instrument varying or revoking a National Environmental
Standard will be a legislative instrument for the purposes of the Legislation Act. As such, the
consultation requirements of that Act (described above) will apply. An instrument varying or
revoking a National Environmental Standard will be subject to the disallowance provisions of
the Legislation Act.
New subsection 65D(2) clarifies that a variation of a National Environmental Standard will
commence on the day specified in the variation, which must not be more than 6 months after
the day on which the variation is made. As an instrument varying a National Environmental
Standard will be a legislative instrument and available on the Federal Register of Legislation,
the date a variation is made and commences will be readily available. This is necessary to
allow an appropriate period between the time that a variation is made, and when it
commences, to revise and update (if necessary) processes to which the Standard relates to
ensure they are not inconsistent with the National Environmental Standard as varied.
There are circumstances where a delayed commencement of a variation to a National
Environmental Standard will not be necessary. For example, a variation may be minor in
nature and does not substantially affect the operation of a National Environmental Standard.
Similarly, it is not necessary to delay commencement of an instrument revoking a National
Environmental Standard.
Similar to National Environmental Standards made under new section 65C, new subsection
65D(3) also enables a variation of a National Environmental Standard to apply, adopt or
incorporate instruments or other writings as they exist at a particular time, or as in force or
existing from time, to time even if the instrument or writing does not exist when the standard
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is made. For the reasons outlined above, allowing instruments or other writings to be applied,
adopted or incorporated into a variation of a National Environmental Standard either as in
force or existing from time to time is necessary to ensure the environmental outcomes of a
Standard are able to be met, and will enable the Standard to remain contemporary as
documents are updated or created over time.
Sunsetting of first National Environmental Standards
As stated above, when a National Environmental Standard is first made, it will be treated as
an 'interim' standard until it has undergone its first review. New subsection 65C(3A) provides
for the automatic repeal (sunsetting) of the first National Environmental Standard made in
relation to a particular matter (a first made Standard).
Unless revoked earlier, new subsection 65C(3A) provides for a first made Standard to
automatically sunset on the earlier of the following days:
(a) the day after the period of 30 months beginning on the day on which that Standard
commences. Under this scenario, a National Environmental Standard which commences
on 1 January 2022 will sunset at the end of 1 July 2024.
(b) the day after the end of the period of 6 months beginning on the day after the report of the
first review of a National Environmental Standard is published on the Department's
website. Under this scenario, if the report is published on 30 May 2024, the Standard will
sunset at the end of 1 December 2024.
Given the first review of a National Environmental Standard must be completed within
2 years of its commencement under new subsection 65G(2), the period of time after which a
first made Standard sunsets provides sufficient time following the completion of a review for
the Standard to be remade. This timeframe would also facilitate the undertaking of
appropriate and reasonably practicable consultation on the proposed new Standard, as
required by section 17 of the Legislation Act.
Any subsequent National Environmental Standard that relates to the same subject matter as a
first made Standard will be subject to the ordinary sunsetting requirements of the Legislation
Act.
Transitional arrangements for National Environmental Standards and variations
New section 65E will enable a National Environmental Standard made under new section
65C, or a variation to a National Environmental Standard made under new section 65D, to
specify the circumstances in which a National Environmental Standard does not apply in
relation to a decision or thing covered by new subsection 65H(1) (new subsection 65H(1)
requires a person making a decision, or doing a thing, that is determined in an instrument
made under new subsection 65H(4), to be satisfied that the decision or thing is not
inconsistent with a National Environmental Standard relevant to the decision or thing). This
may relate to one or more processes that have begun under the Act before the commencement
of the Standard (new subsection 65E(2)).
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Review of National Environmental Standards
As stated above, when a National Environmental Standard is first made, it will be treated as
an 'interim' Standard. To ensure National Environmental Standards remain contemporary,
and reflect the latest information and available data, new section 65G requires a National
Environmental Standard to undergo regular reviews. The first review must be completed
within 2 years of the commencement of a Standard (new subsection 65G(2)). Once a Standard
has undergone the first review, it will no longer be considered as an 'interim' Standard.
Subsequent reviews are required to be completed before the end of 5 years after the previous
review was completed (new subsection 65G(3)).
While the Minister must cause reviews to be undertaken of each National Environmental
Standard (new subsection 65G(1)), the amendments provide the Minister with the flexibility
to ensure the review is conducted by a person or persons with the appropriate expertise
relevant to the specific Standard. This may include, for example, the Department or members
of a committee established under the Act. The persons undertaking the review must give the
Minister a written report of the review (new subsection 65G(4)), which the Minister must
cause to be published on the Department's website as soon as practicable after the report is
given to the Minister (new subsection 65G(5)).
Application of the National Environmental Standards to state and territory assessment and
approval processes
National Environmental Standards will underpin bilateral agreements with the states and
territories. The accreditation of state and territory environmental assessment and approvals
processes for an approval bilateral agreement, and the entry into an assessment bilateral
agreement, will be contingent on the Minister being satisfied that the relevant state or territory
management arrangement, authorisation process, or the manner in which the impacts of an
action will be assessed, is not inconsistent with one or more National Environmental
Standards in force under new Part 5A.
State and territory process must not be inconsistent with a National Environmental Standard
Under the current provisions of the Act, an action that is covered by an approval bilateral
agreement does not require separate approval under the Act if the action has been approved
and taken in accordance with a bilaterally accredited management arrangement or a bilaterally
accredited authorisation process (section 29). To accredit a management arrangement or an
authorisation process for the purposes of an approval bilateral agreement, the Minister must
be satisfied that the arrangement or process, and the law under which it is in force, or in which
it is set out, meet the criteria prescribed in the regulations; there has been, or will be, an
adequate assessment of the impacts of an action; and that any actions approved under an
approval bilateral agreement will not have an unacceptable or unsustainable impact on a
matter of national environmental significance (subsection 46(3)).
Item 1 of Part 1 amends subsection 46(3) to also require the Minister to be satisfied that the
management arrangement or the authorisation process proposed for accreditation is not
inconsistent with one or more National Environmental Standards in force under new Part 5A
(new paragraph 46(3)(aa)).
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Similarly, under the current provisions of the Act, the impacts of an action do not require
assessment under Part 8 of the Act if they are assessed in a manner specified in an assessment
bilateral agreement under section 47 of the Act (section 83). The Minister may only enter into
an assessment bilateral agreement if the Minister is satisfied that the assessment of an action
in the manner specified in the bilateral agreement will include an assessment of the impacts
the action has, will have, or is likely to have, on each matter of national environmental
significance (subsection 47(2)).
Item 2 of Part 1 repeals and replaces subsection 47(2) to also require that the Minister be
satisfied that the specified manner of assessment under an assessment bilateral agreement is
not inconsistent with one or more National Environmental Standards in force under new
Part 5A.
Item 3 of Part 1 inserts new subsection 48A(3) into the Act requiring approval bilateral
agreements to include a provision that decisions approving the taking of actions in accordance
with a bilaterally accredited management arrangement or a bilaterally accredited authorisation
process will not be inconsistent with one or more National Environmental Standards in force
under new Part 5A. An approval bilateral agreement will not have any effect if it does not
include a provision of this nature. To satisfy this requirement, a provision of a bilateral
agreement could set out the context by reference to which a decision under an accredited
arrangement or process is determined to be not inconsistent with one or more National
Environmental Standards that are in force and relevant to the decision. This context could
include, for example, the collective impacts on protected matters of actions approved under
the arrangement or process, the implementation of avoidance, mitigation and offset measures
for all actions approved under the arrangement or process, and the implementation of other
relevant environmental measures.
Items 1, 2 and 3 provide assurance that accredited state and territory environmental
assessment and approval processes will be sound and directed towards delivering national
environmental outcomes for nationally protected matters.
Notifying states and territories of new or varied National Environmental Standards
As stated above, the commencement of a new or varied National Environmental Standard will
be delayed, enabling processes to which a National Environmental Standard relates to be
revised and updated (if necessary). To help facilitate this process, new section 65F requires
the Minister to notify the appropriate minister of a state or territory that is a party to an
approval bilateral agreement or an assessment bilateral agreement of the making, variation or
revocation of a National Environmental Standard. The notification must be in writing. This is
further to the consultation undertaken with the states and territories before a National
Environmental Standard is made or varied.
For a new or varied National Environmental Standard, the notification under new subsection
65F(1) must also include a request that the state or territory minister provide advice to the
Minister as to whether a bilaterally accredited management arrangement or authorisation
process for an approval bilateral agreement, or a specified manner of assessment for an
assessment bilateral agreement, is inconsistent with a new or varied National Environmental
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Standard (new subsection 65F(2)). This requirement does not apply in relation to a variation if
the Minister is satisfied that the variation is minor (new subsection 65F(3)). A variation will
be considered to be minor if it does not involve a significant change in the effect of a National
Environmental Standard. This could include, for example, correcting typographical errors or
updating references to documents.
As it may be necessary for a state or territory to update the bilaterally accredited management
arrangement or authorisation process, or the specified manner of assessment, as a result of the
new or varied National Environmental Standard, the notification will be provided to the
relevant state or territory minister as soon as practicable after the National Environmental
Standard is made or varied.
If a process that underpins an approval bilateral agreement is inconsistent with a new or
varied National Environmental Standard on its commencement, it will be open to the Minister
to suspend and/or cancel the bilateral agreement.
Suspension and cancellation of bilateral agreements
Division 3 of Part 5 of the Act contains provisions that enable a bilateral agreement to be
suspended or cancelled either generally or in relation to a specified class of actions. If the
Minister believes that a state or territory has not complied, or will not comply, with the
agreement, or if the Minister believes that the state or territory has not given effect, or will not
give effect, to the agreement in a way that accords with the objects of the Act and promotes
the discharge of Australia's relevant international obligations, the Minister must consult with
the relevant state or territory minister (section 58).
If, following that consultation process, the Minister is not satisfied of those matters, the
Minister may give written notice of the suspension or cancellation of all or part of the bilateral
agreement to the relevant state or territory minister (section 59). The Minister could give
notice if, for example, a state or territory approved the taking of an action that caused a listed
threatened species to become more threatened, or a state or territory approved an action that
was not consistent with the protection, conservation and presentation of the values of a World
Heritage property.
Item 4 inserts a new paragraph 58(1)(c) into the Act, requiring the Minister to consult with the
relevant state or territory minister if the Minister believes that the state or territory has given
effect, or will give effect, to an approval bilateral agreement in a way that is inconsistent with
a National Environmental Standard. If, following that consultation, the Minister is satisfied
this is the case, Item 5 inserts new subsection 59(1A) into the Act providing the Minister with
the discretion to give written notice of the suspension or cancellation of all or part of the
approval bilateral agreement to the relevant state or territory minister.
The Minister may exercise these powers where, for example, following a request to a state or
territory minister under new section 65F, the Minister believes that the state or territory will
give effect to an approval bilateral agreement in a way that is inconsistent with a National
Environmental Standard as the process accredited under the agreement is inconsistent with a
new or varied Standard.
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Application of the National Environmental Standards to decisions under the Act
Decisions must not be inconsistent with a National Environmental Standard
New section 65H sets out how National Environmental Standards will apply to decisions
made, or things done, under the Act where a National Environmental Standard is relevant to
the decision or thing. New subsection 65H(1) requires a person making a decision, or doing a
thing, that is determined by the Minister in an instrument made under new subsection 65H(4),
to be satisfied that the decision or thing is not inconsistent with a National Environmental
Standard. A determination of the Minister under new subsection 65H(4) will be a legislative
instrument for the purposes of the Legislation Act, and will be subject to the disallowance
provisions of that Act. As the determination will be a legislative instrument, and available on
the Federal Register of Legislation, the decisions or things that the Minister has determined
must not be inconsistent with a National Environmental Standard will be publicly available.
When considering whether a decision or thing is not inconsistent with a National
Environmental Standard relevant to the decision or thing, new subsection 65H(2) enables the
person making the decision, or doing the thing, to take into account matters such as policies,
plans or programs of the Commonwealth, a state or territory, or funding of activities related to
the environment or the promotion, protection or conservation of heritage, by the
Commonwealth, state or territory. New subsection 65H(3) clarifies that subsection 65H(2)
does not limit the matters that a person may take into account in considering whether a
decision or thing is not inconsistent with a National Environmental Standard relevant to the
decision or thing. This ensures that all matters that are relevant to determining whether a
particular decision or thing is not inconsistent with a relevant National Environmental
Standard can be taken into account. For example, provided it can be shown that the impacts
on the values of a National Heritage place are balanced by mechanisms that promote those
values (which may, for example, be delivered through funding of activities by a state relating
to the promotion of those values), a decision will not be inconsistent with a relevant National
Environmental Standard.
Transitional arrangements
New subsection 65H(5) enables a determination of the Minister under new subsection 65H(4)
to specify the circumstances in which new subsection 65H(1) will not apply to a decision or
thing. Similar to new section 65E, it is anticipated that the circumstances will relate to one or
more processes that have begun under the Act before the commencement of the determination
under new subsection 65H(4) (new subsection 65H(6)).
Public interest exception
In certain circumstances, it may be necessary for a decision made or thing done to be
inconsistent with a relevant National Environmental Standard where the Minister considers it
is in the public interest. For example, in the context of the public interest, it may be necessary
to balance environmental considerations with the social and/or economic impacts of a project,
or where a Standard may not be met due to the need to balance multiple protected matters.
New subsection 65H(7) recognises this, and provides the Minister with the ability to make a
13
decision or do a thing that is inconsistent with a National Environmental Standard where the
Minister is satisfied that it is in the public interest to do so.
New subsection 65H(8) enables the Minister to determine whether a decision or thing is
subject to the public interest exception under new subsection 65H(7). A determination under
new subsection 65H(8) could be made at the same time as a determination under new
subsection 65H(4), or at a later time. A determination under new subsection 65H(8) is a
legislative instrument for the purposes of the Legislation Act, and is subject to the
disallowance provisions of that Act. As the determination will be a legislative instrument, and
available on the Federal Register of Legislation, the decisions or things that the Minister has
determined to be subject to the public interest exception will be publicly available.
If the Minister decides to apply the public interest exception to a decision or thing, new
subsection 65H(9) requires the Minister to publish a statement on the Department's website
setting out the reasons why the Minister is satisfied that the decision or thing is in the public
interest. This statement must be published as soon as practicable after making the public
interest decision.
Application provisions
As a management arrangement or authorisation process is accredited for the purposes of a
bilateral agreement, bilateral agreements are entered into before accreditation occurs. Item
8(1) clarifies that new paragraph 46(3)(aa) (inserted by Item 1) will apply in relation to the
accreditation of a management arrangement or an authorisation process on or after the
commencement of Item 8, regardless of whether the bilateral agreement was entered into
before, on or after that commencement.
Item 8(2) clarifies that the repeal and substitution of subsection 47(2) by Item 2 will apply in
relation to an assessment bilateral agreement entered into on or after the commencement of
Item 8.
Item 8(3) clarifies that new subsection 48A(3A) (inserted by Item 3) applies in relation to a
bilateral agreement entered into on or after the commencement of Item 8.
Items 8(4) and 8(5) clarify that the amendment to subsection 58(1) made by Item 4 and new
subsection 59(1A) (inserted by Item 5) will apply in relation to an approval bilateral
agreement entered into before, on or after the commencement of Item 8.
Item 8(6) clarifies that new subsection 65H(1) (inserted by Item 6) will apply to decisions
made or things done on or after the commencement of Item 8. However, as this requirement
will only be enlivened once a National Environmental Standard commences, Item 8(7)
clarifies that the application of new subsection 65H(1) is subject to new section 65E and new
subsection 65H(5) which allow a Standard, a variation to a Standard, or a determination under
new subsection 65H(4) to contain transitional arrangements specifying the circumstances in
which a Standard, variation or determination will apply to decisions and things generally.
14
Part 2 - Contingent amendments
Item 9 is a contingent amendment which amends paragraph 46(3)(aa) (inserted by Item 1 of
Part 1) to clarify that, if there are one or more National Environmental Standards, the Minister
is satisfied that the management arrangement or an authorisation process is not inconsistent
with those Standards.
This amendment is required as Item 2 of Schedule 5 to the Streamlining Environmental
Approvals Bill omits the reference to "the Minister is satisfied that" from subsection 46(3),
and Items 3, 4 and 5 of Schedule 5 to that Bill insert a similar reference into paragraphs
46(3)(a), 46(3)(b) and 46(3)(c).
SCHEDULE 2 - ENVIRONMENT ASSURANCE COMMISSIONER
Environment Protection and Biodiversity Conservation Act 1999
Background to the amendments
The Independent Review of the Act identified the need for strong independent oversight of
environmental assessment and approval systems, including accredited state and territory
systems, to provide confidence that the outcomes of the National Environmental Standards
are being achieved and the requirements of the EPBC Act are being upheld.
Schedule 2 establishes the Environment Assurance Commissioner to provide strong, rigorous
assurance that environmental assessment and approval systems, either under bilateral
agreements with the states and territories, or under the Act, are working well and are
delivering outcomes for the environment, business, and the community. Schedule 2 also
specifies the arrangements governing the Commissioner's appointment and the exercise of the
Commissioner's functions and powers, including the preparation of annual work plans and
reporting requirements.
Detail of the amendments
Establishment and functions of the Commissioner
Item 1 of Schedule 2 inserts a new Part 18A into the Act relating to the Environment
Assurance Commissioner. The simplified outline at new section 501A provides an outline of
new Part 18A. The outline is not intended to be comprehensive, and has been included to
assist readers to understand, rather than replace, the substantive provisions of Part 18A.
Establishment of the Commissioner
New section 501B provides that there is to be an Environment Assurance Commissioner. The
Commissioner is established as an independent, statutory position within the Department.
To ensure that the person appointed as the Commissioner has the necessary qualifications for
the role, a person is not eligible for appointment unless the Minister is satisfied that the person
has a high level of expertise in one or more fields relevant to the Commissioner's functions
(new paragraph 501D(3)(a)). In addition, the Minister must also be satisfied that the person to
15
be appointed as Commissioner does not have any interests (pecuniary or otherwise) that
conflict, or could conflict, with the proper performance of the Commissioner's functions (new
paragraph 501D(3)(b)).
The Commissioner is appointed by the Governor-General, by written instrument, on either a
full-time basis or a part-time basis (new subsection 501D(1)). Under new subsection 501D(2),
the Commissioner holds office for the period specified in the instrument of appointment,
which must not exceed 5 years. The note to new subsection 501D(1) clarifies that the
Commissioner may be reappointed under section 33AA of the AI Act (section 33AA provides
that if an Act confers on a person or body a power to make an appointment, the power is taken
to include a power of reappointment). Despite the application of section 33AA of the AI Act,
new subsection 501D(4) provides that a person cannot be appointed for more than 2 terms.
New section 501E enables the Minister to appoint, by written instrument, a person to act as
the Commissioner during a vacancy in the office of the Commissioner, or during any period
where the Commissioner is either absent from duty or from Australia, or is, for any reason,
unable to perform the duties of the office. The note to new section 501E directs readers to
sections 33AB and 33A of the AI Act for rules that apply to acting appointments.
New section 501T enables the Secretary of the Department to make the services of APS
employees available for the purpose of assisting the Commissioner perform his or her
functions.
The Commissioner will be an official of the Department for the purposes of the finance law
(within the meaning of the PGPA Act) (new subsection 501N(1)). As such, the Commissioner
will have certain responsibilities under the PGPA Act relating to the exercise of due care and
diligence, acting honestly, in good faith and for a proper purpose, and not improperly using
their position or information (see the note to new subsection 501N(1)). However, as new
section 501J requires the Commissioner to disclose all interests (pecuniary or otherwise) the
Commissioner has or acquires that conflict (or could conflict) with the proper performance of
the Commissioner's functions, section 29 of the PGPA Act does not apply (section 29 of the
PGPA Act relates to the duty to disclose interests) (new subsection 501N(2)).
Functions and powers of the Commissioner
New section 501C sets out the functions of the Commissioner. To provide confidence that
environmental assessment and approval systems are working well, the functions of the
Commissioner include the ability to audit or monitor (or both) the operation of bilateral
agreements (new paragraph 501C(1)(a)) and Commonwealth processes under the Act for
making and enforcing approval decisions (new paragraphs 501C(1)(b) and 501C(1)(c)).
The ability of the Commissioner to monitor or audit (or both) the operation of bilateral
agreements under new paragraph 501C(1)(a) would include, for example, states and territories
implementation of the National Environmental Standards, whether the states and territories
are adhering to the provisions of bilateral agreements, and whether states and territories are
approving actions in accordance with the accredited processes. The Commissioner's functions
in relation to bilateral agreements would be in addition to any assurance mechanisms
16
contained in bilateral agreements. States and territories will be responsible for the compliance
and enforcement of actions approved under an approval bilateral agreement.
Similarly, in relation to environmental assessment and approval processes under the Act (new
paragraph 501C(1)(b)), the Commissioner's functions include the ability to monitor or audit
(or both) the processes for making controlled action decisions under Part 7, the processes for
the assessment of the relevant impacts of controlled actions under Part 8 and the processes for
the approval of the taking of controlled actions under Part 9 (including decisions to attach
conditions to an approval). To ensure all aspects of environmental assessment and approval
processes under the Act are within the scope of the Commissioner's functions, the
Commissioner's auditing and monitoring functions also apply to processes for assessing the
impacts of an action under a strategic assessment undertaken under Division 1 of Part 10, and
the granting of a strategic assessment approval under that Division. In addition, Subdivision A
of Division 4 of Part 11 requires a Commonwealth agency or employee to obtain and consider
the advice of the Minister before authorising specified actions with a significant impact on the
environment, including: providing foreign aid; managing aircraft operations in airspace;
adopting or implementing a major development plan for an aircraft; or actions authorised by a
sea dumping permit (under the Environment Protection (Sea Dumping) Act 1981) or a Basel
permit (granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989).
As this process provides an alternative pathway for managing the environmental impacts of
those actions, it is appropriate that the Commissioner's functions also include the monitoring
or auditing of the processes under Subdivision A of Division 4 of Part 11 for the giving of
advice in relation to proposals to give authorisations of actions.
If the Commissioner conducts an audit under new paragraphs 501C(1)(a), (b) or (c), the
Commissioner's functions include the preparation of reports on those audits (new paragraph
501C(1)(d)). An audit report must be published on the internet by the Commissioner within
30 business days of completion (new subsection 501C(2)). Business days is defined in the
AI Act as a day that is not a Saturday, a Sunday or a public holiday in the place concerned
(see section 2B of the AI Act).
The Commissioner also has any other functions conferred on the Commissioner by new
Part 18A (new paragraph 501C(1)(e)), as well as any other functions prescribed by the
regulations (new paragraph 501C(1)(f)). The Commissioner's functions also include anything
incidental to, or conducive to, the performance of the Commissioner's functions (new
paragraph 501C(1)(g)).
As the Commissioner will provide oversight and assurance of environmental assessment and
approval systems, new subsection 501C(3) makes it clear that the Commissioner's functions
do not include the monitoring or auditing of single decisions. The note to new paragraph
501C(3) clarifies that monitoring or auditing under new section 501C must be more general.
Although the Commissioner is prevented from monitoring or auditing single decisions, new
subsection 501C(3) does not prevent the Commissioner from undertaking an audit by
reference to a sample of decisions.
In order for the Commissioner to have access to information to perform their functions, new
subsection 501C(4) enables the Commissioner to request a person to provide information or
17
documents, or answer questions, if the Commissioner believes that a person has information
or documents relevant to the performance of the Commissioner's functions.
New section 501U will enable the Commissioner to disclose information, or provide a
document the Commissioner obtains in the course of performing the Commissioner's
functions, to the persons or bodies specified in paragraphs 501U(1)(a) - (f). For the avoidance
of doubt, new subsection 501U(2) clarifies that the information disclosed may be personal
information (within the meaning of the Privacy Act 1988), or the document provided may
contain personal information (also within the meaning of that Act).
To ensure the Commissioner has the necessary independence in order to perform their
functions, new section 501R makes it clear that the Commissioner is not subject to the
directions of the Minister in relation to the performance of the Commissioner's functions.
Instead, new subsection 501S(1) enables the Minister to request that the Commissioner
perform the functions covered by new paragraphs 501C(1)(a), (b), (c) or (d). The request of
the Minister must be in writing, specify the matter to which the request relates, and include
reasons for the request (new subsections 501S(1) and (2)).
The Commissioner can either agree, or refuse to agree, to the Minister's request (new
subsection 501S(3)). The Commissioner must then inform the Minister, in writing, of the
Commissioner's decision on the request and the reasons for the decision (new subsection
501S(4)).
To ensure the operation of the Commissioner is transparent, new subsection 501S(5) requires
the Commissioner to publish on the internet the Minister's request (and the reasons for the
request), and the Commissioner's decision (including reasons for the decision). This
information must be published within 30 business days of the Commissioner's decision. A
business day is defined in the AI Act as a day that is not a Saturday, a Sunday or a public
holiday in the place concerned (see section 2B of the AI Act).
The Commissioner may, in writing, delegate any or all of the Commissioner's function or
powers under new Part 18A to the Secretary of the Department or an SES employee, or acting
SES employee, in the Department whose services have been made available under new
section 501T (new subsection 501W(1)). However, the Commissioner is not able to delegate
their functions under new subsection 501P(5) (finalisation of annual work plan), new
subsections 501S(3) or (4) (agreeing, or refusing to agree, to requests of the Minister, and
informing the Minister of the Commissioner's decision (including reasons for the decision))
or section 501V (preparation of the annual report).
In exercising any delegated functions or powers, the delegate must comply with any direction
of the Commissioner (new subsection 501W(3)).
Terms and conditions of appointment
Division 3 of new Part 18A sets out the terms and conditions of the Commissioner's
appointment, including remuneration (new section 501F), leave of absences (new section
501G), other paid work (new section 501H and Item 2), disclosure of interests (new section
501J), resignation (new section 501K) and termination of appointment (new section 501L).
18
New section 501M also clarifies that the Commissioner holds office on the terms and
conditions (if any) in relation to matters not covered by new Part 18A that are determined by
the Minister.
Reporting requirements
Work plan
Division 4 of new Part 18A sets out the requirements for the Commissioner to prepare an
annual work plan for each financial year, setting out the Commissioner's priorities for that
year (new subsection 501P(2)).
As soon as practicable before the start of each financial year, the Minister will be required to
provide the Commissioner with a written statement of expectations for the year (new
subsection 501P(1)). However, if the first day of the first term of office of the first
Commissioner occurs in the first 6 months of a financial year, the Minister must provide a
statement of expectations to the Commissioner for the remainder of the financial year as soon
as practicable after that day (Item 3). The Commissioner is not required to prepare an annual
work plan if the first day of the first term of office of the first Commissioner occurs in the last
6 months of a financial year.
The Commissioner must have regard to the Minister's statement of expectations when
preparing the annual work plan (new subsection 501P(3)).
Once the Commissioner has prepared the annual work plan, the Commissioner must provide it
to the Minister (new subsection 501P(2)). The Minister may then either agree with the plan,
and inform the Commissioner of this in writing, or make a written request for the
Commissioner to make change to the plan (new subsection 501P(4)). If the Minister requests
changes to the plan, the Minister must also include reasons for the changes in the request.
While the Commissioner will be required to have regard to any changes requested by the
Minister (new subsection 501P(5)), the Commissioner is not bound by those requests when
finalising the annual work plan.
As soon as practicable after the annual work plan is finalised, the Commissioner must give the
Minister a copy of the finalised plan (new subsection 501P(6)) and publish it on the internet
with the Minister's statement of expectations, and any requests of the Minister for changes to
the work plan (including the reasons for the request) (new subsection 501P(7)).
Neither the finalised work plan nor the Minister's statement of expectations are a legislative
instrument for the purposes of the Legislation Act (new subsection 501P(8)). New subsection
501P(8) is merely declaratory of the law and is included to assist readers. A finalised work
plan or the statement of expectations are not legislative in nature.
Under new subsection 501Q(1), the Commissioner may vary an annual work plan in writing,
and provide a copy of the varied work plan to the Minister (new subsection 501Q(2)). The
Commissioner must publish the varied annual work plan on the internet as soon as practicable
after the plan has been varied (new subsection 501Q(3)). A variation of a work plan done
under new subsection 501Q(1) is not a legislative instrument for the purposes of the
19
Legislation Act (new subsection 501Q(4)). New subsection 501Q(4)) is merely declaratory of
the law and is included to assist readers. A variation of an annual work plan is not legislative
in nature.
Annual reports
New section 501V requires the Commissioner to prepare an annual report about the
Commissioner's activities during that year. The Commissioner may either prepare and give
the Minister the report for presentation to the Parliament (new paragraph 501V(1)(a)) or the
Commissioner may prepare and give the Minister the report for inclusion in the Department's
annual report given to the Minister under section 46 of the PGPA Act (new paragraph
501V(1)(b)). However, the Commissioner is only required to prepare an annual report for
each financial year for which there is an annual work plan under new section 501P (see Item
4).
The Commissioner must publish the report on the internet as soon as practicable after the
Minister has laid the report before each House of Parliament if new subsection 501V(1)(a)
applies (new subsection 501V(2)(a)), or as soon as practicable after the Department's annual
report is laid before each House of the Parliament if new subsection 501V(1)(b) applies (new
paragraph 501V(2)(b)).
SCHEDULE 3 - DECLARED STATES AND TERRITORIES
Environment Protection and Biodiversity Conservation Act 1999
Background to the amendments
Following its establishment in 2012, only declared states and territories can request advice
from the IESC. A declared State or Territory is defined in section 528 of the Act as a state or
self-governing territory that is declared by the Minister under section 505E of the Act.
Subsection 505E(2) restricts the Minister's ability to declare a state or self-governing territory
to only those states and territories that were, at the time of the declaration, a party to the
National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development that
commenced on 14 February 2012. The Agreement expired on 30 June 2014. Only New South
Wales, Queensland, Victoria and South Australia were parties to the Agreement and declared
under subsection 505E(1) of the Act.
Due to the restriction imposed by subsection 505E(2), there is currently no opportunity for
other states and self-governing territories (namely Western Australia, Northern Territory,
Tasmania and the Australian Capital Territory) to become a party to the National Partnership
Agreement, be declared as a declared state or territory under the Act, and subsequently
request advice from the IESC.
The purpose of the amendments in Schedule 3 is to provide all states and self-governing
territories with the ability to request and obtain advice from the IESC, in accordance with the
functions of the IESC. This ensures all states and self-governing territories will have access to
the best available science in relation to water resource issues.
20
Detail of the amendments
Item 5 of Schedule 3 repeals section 505E of the Act. The repeal of section 505E means that
all states and self-governing territories will be able to request advice from the IESC in relation
to the matters which are within the IESC's functions (as prescribed in section 505D). The
repeal of section 505E does not affect the process by which the advice must be requested by a
state or self-governing territory as specified in paragraph 505D(1)(b) or paragraph
505D(2)(b).
Items 1, 2, 3, 4 and 6 of Schedule 3 are required as a consequence of Item 5. Item 6 of
Schedule 3 repeals the definition of declared State or Territory in section 528 of the Act, and
Items 1, 2, 3 and 4 of Schedule 3 amend section 505D to replace references to that term with
references to a "State or self-governing Territory".
These amendments complement the amendments to the Act in Part 1 of Schedule 3 to the
Streamlining Environmental Approvals Bill. Those amendments require an approval bilateral
agreement that applies for the purposes of sections 24D and 24E of the Act (commonly
referred to as the 'water trigger'), to include an undertaking that the appropriate state or
territory minister will obtain and take into account the advice of the IESC when deciding
whether to approve an action likely to have a significant impact on a water resource.
21
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation Amendment (Standards and
Assurance) Bill 2021
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the Bill
The Environment Protection and Biodiversity Conservation Amendment (Standards and
Assurance) Bill 2021 will ensure that approval bilateral agreements with states and territories
are underpinned by national environmental standards, supported by strong assurance and
oversight mechanisms.
The Independent Review of the Environment Protection and Biodiversity Conservation
Act 1999 identified a need for legally enforceable standards to underpin the effective
operation of the Act. National Environmental Standards will set the requirements for
decision-making to deliver outcomes for the environment and heritage, and will ensure that
Commonwealth requirements and obligations for environmental approval and other decisions
are upheld, regardless of which jurisdiction makes an approval decision.
The Review also identified the need for strong independent oversight of environmental
assessment and approval systems, including accredited state and territory systems, to provide
confidence that the outcomes of the National Environmental Standards are being achieved and
the requirements of the EPBC Act are being upheld.
The Bill will:
establish a framework for the making, varying, revoking and application of National
Environmental Standards. The application of the Standards to bilateral agreements with
the states and territories will provide confidence that the requirements of the Act are being
met when they conduct project assessments and make approval decisions under accredited
processes
establish an Environment Assurance Commissioner to undertake transparent monitoring
or auditing (or both) of the operation of bilateral agreements with the states and territories
and Commonwealth processes under the Act for making and enforcing approval
decisions; and
provide all states and self-governing territories with the ability to request and obtain
advice from the Independent Expert Scientific Committee on Coal Seam Gas and Large
Coal Mining Development (IESC), consistent with the functions of the IESC.
Human rights implications
The Bill does not engage any of the applicable rights or freedoms.
22
National Environmental Standards will be legislative instruments that will set the
requirements for decision-making to deliver outcomes for the environment and clearly define
the fundamental processes that ensure sound and effective decision-making. Certain decisions
or things under the Act determined by the Minister must not be inconsistent with a relevant
National Environmental Standard.
The requirement that the decision-maker be satisfied certain decisions or things are not be
inconsistent with a relevant National Environmental Standard does not remove the
requirement for assessment and approval of actions that may have an unacceptable
environmental impact. Rather, it will ensure clarity of objective, universally applicable
standards that proponents must meet.
The Environment Assurance Commissioner will provide strong, independent oversight of
environmental assessment and approval systems, including accredited state and territory
systems, to provide confidence that the outcomes of the National Environmental Standards
are being achieved and the requirements of the EPBC Act are being upheld.
The implementation of National Environmental Standards and the establishment of the
Environment Assurance Commissioner may promote the right to health under Article 12(1) of
the International Covenant on Economic, Social and Cultural Rights. The right to health is a
broad concept that can be broken down into more specific entitlements including, relevantly,
the rights to: healthy workplace and natural environments; the prevention, treatment and
control of diseases; and access to safe and potable water. To the extent that National
Environmental Standards will underpin bilateral agreements with states and territories and
certain decisions or things under the Act, combined with strong assurance that environmental
assessment and approval arrangements are working well and delivering outcomes for the
environment, will improve the outcomes for the protection of Australia's environment and
heritage and biodiversity conservation, and will ensure development in an ecologically
sustainable manner over the long term. Together, these factors will protect the right to a
healthy natural environment.
Conclusion
The measures in the Bill are compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011, as the Bill does not engage any human rights issues.
(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)
23
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