Department of Sustainability, Environment, Water, Population and Communities Annual Report 2011–12



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3. EPBC Act regulatory reform

Regulatory reform taskforce


The work of the department during 2011–12 included the launch and implementation of the National Environment Law Reform package, progressing reforms through COAG, and investigating options to increase the protection of national parks.

Reforming National Environment Law


The minister commissioned Dr Allan Hawke AC in October 2008 to undertake an independent review of the EPBC Act. Dr Hawke presented his final report to the minister in October 2009. The findings of the independent review were discussed in the department’s 2010–11 annual report, and are also available at .

The minister announced the government’s National Environment Law Reform package in an address to the National Press Club on 24 August 2011. The reform package included:



  • the Australian Government response to the report of the independent review of the Environment Protection and Biodiversity Conservation Act1999 (the government response)

  • the Australian Government biodiversity policy–consultation draft

  • the EPBC Act environmental offsets policy–consultation draft

  • the Consultation paper on cost recovery under the Environment Protection and Biodiversity Conservation Act1999

  • a call for expressions of interest in a proposed National Centre for Cooperation on Environment and Development.

The department is implementing the government’s national environment law reforms, including through the development of amendments to the EPBC Act. These reforms will ensure that Australia’s national environmental laws support efficient and effective environmental protection and facilitate sustainable development. These reforms will also cut regulatory burden and provide increased certainty for the business sector. The department has worked with the Office of Parliamentary Counsel to draft a Bill to implement the government response.

The minister has given high priority to stakeholder engagement throughout the reform process and has held a number of roundtable meetings with industry representatives, environmental organisations and the scientific community. The department has also consulted with stakeholders regarding the proposed amendments. In March 2012 departmental officials discussed with stakeholder peak bodies how the Government response to the independent review of the EPBC Act 1999 will be implemented through amendments to the EPBC Act.


The Australian Government biodiversity policy–consultation draft


This policy aims to deliver a more integrated government approach to addressing the challenge of biodiversity conservation in a changing climate. This policy is intended as a high-level reference guide. It describes the role of the government and the principles that will guide the design and delivery of its policies and programs relating to biodiversity.

The policy reflects Australia’s international obligations under the Convention on Biodiversity and will underpin the Australian Government’s role in delivering Australia’s biodiversity conservation strategy 2010–2030 jointly with state and territory governments. Public consultation on the consultation draft closed on 21 October 2011. Thirty-two submissions were received.


The EPBC Act environmental offsets policy–consultation draft


This consultation draft outlines the government’s position on the use of environmental offsets under the EPBC Act, including the circumstances under which offsets can be required, how the quantum of offsets and their suitability are determined, and the framework within which the offsets policy will operate.

The draft policy provides a transparent framework to give greater certainty for businesses considering actions that may potentially be subject to an offset requirement, while also promoting consistency and delivering good environmental outcomes. A draft Offsets assessment guide was also released for consultation and has been developed to set out the requirements of the offsets policy in quantitative terms.

Public consultation on the consultation draft closed on 21 October 2011. Fifty-four submissions were received, and were published on the department’s website. Two stakeholder workshops were held in order to discuss the draft policy and guide, on 28 September 2011 and 28 June 2012. The department also commenced consultation with state and territory governments on the draft policy and guide in 2011–12.

Cost recovery under the EPBC Act


The department’s consideration of EPBC Act cost recovery options was initiated following the release of the Australian Government response to the independent review of the EPBC Act in August 2011. The government committed to exploring opportunities for cost recovery under the EPBC Act. The Consultation paper on cost recovery under the EPBC Act was subsequently released on 16 September 2011 for a six-week consultation period. Eighty submissions were received in response.

The Australian Government has decided to proceed with cost recovery arrangements for environmental impact assessments and some categories of strategic assessment, and to increase fees for wildlife trade under the EPBC Act. This is subject to amendments to the EPBC Act and consideration of a final cost recovery impact statement by the government.

On 10 May 2012 the department released a draft cost recovery impact statement for a six-week consultation period. The draft statement outlined in detail the range of activities under the EPBC Act that are proposed to be subject to cost recovery arrangements, and the nature of those arrangements.

On 13 April 2012 the Council of Australian Governments (COAG) reaffirmed its commitment to high environmental standards while committing to reducing duplicative environmental assessment and approval processes for business and industry. EPBC Act cost recovery as outlined in the draft cost recovery impact statement will only apply to the work that the Australian Government does under national environmental law. The Australian Government will not charge for work done by states under accredited arrangements.


National Centre for Cooperation on Environment and Development


The department is considering the establishment of a National Centre for Cooperation on Environment and Development. The proposed national centre would provide a neutral forum in which industry, scientists, non-government organisations and governments could cooperate in developing environmental standards, guidelines and procedures to be used under the EPBC Act.

The department sought expressions of interest on the national centre from interested parties in September 2011. Fifty-five responses to the expressions of interest were received. The department subsequently released a discussion paper to these respondents in May 2012 to provide further information to them on the proposed national centre. The discussion paper outlined the potential scope for membership in the national centre, as well as potential work priorities. Interested parties were asked to indicate the level of participation with the national centre that they were willing to offer, advise on their areas of expertise and experience, and identify specific projects which they would be interested in developing through the national centre.


Council of Australian Governments national reform agenda for environmental regulation


On 19 August 2011 COAG agreed to develop options for a national agenda for reform of environmental regulation including:

  • national standards for environmental impact assessment and approval

  • greater use of strategic approaches

  • national threatened species listing

  • national approaches for environmental offsets and biodiversity banking.

The Australian Government continued to progress the alignment of Commonwealth, state and territory threatened species listings in 2011–12. A potential new model to further progress and improve threatened species list alignment was developed in consultation with all jurisdictions. It is planned to finalise this model in 2012–13.

On 13 April 2012 COAG reaffirmed its commitment to high environmental standards, while reducing duplication and streamlining assessment and approval processes. COAG agreed that governments will work together to achieve the following reform outcomes to:



  • fast track the development of bilateral arrangements for accreditation of state and territory assessment and approval processes, with frameworks to be agreed by December 2012 and agreements finalised by March 2013

  • develop environmental risk- and outcomes-based standards with states and territories by December 2012

  • examine and facilitate removal of unnecessary duplication and reduce business costs for significant projects.

The work previously agreed by COAG will continue and contribute to the extended scope of COAG’s April 2012 decision.
National parks

The minister announced his intention to provide increased protection for high biodiversity in national parks in Australia in an address to the Sydney Institute on 20 July 2011.

The minister consulted the states, territories and selected stakeholders in July and August 2011 on a potential regulatory approach for providing this increased protection. The department is continuing to investigate options to provide increased protection for national parks, including an analysis of available options through a regulation impact statement.


Legislation amendments


During 2011–12, two private member’s Bills were introduced into the Senate proposing amendments to the EPBC Act. Three private member’s Bills were introduced into the House of Representatives during 2011–12 proposing amendments to that Act, one of which was discharged from the Senate, and one was discharged from the House before 30 June 2012. These Bills were:

  • The Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill 2011 introduced by Senator Waters on 13 October 2011. This Bill proposed amending the EPBC Act to provide for the emergency listing of threatened species and ecological communities where they are at risk from a significant and imminent threat. The Bill was referred to the Environment and Communications Legislation Committee on 10 November 2011. The Bill remained before the Senate as of 30 June 2012.

  • The Environment Protection and Biodiversity Conservation Amendment (Monitoring of Whaling) Bill 2012 introduced by Senator Brown on 9 February 2012. This Bill proposed requiring the government to send a Commonwealth vessel to monitor any foreign whaling vessel that enters or nears a whale sanctuary and for the minister to then publicly release the observations of the Commonwealth vessel. This Bill remained before the Senate as of 30 June 2012.

  • The Air Services (Aircraft Noise) Amendment Bill 2011, introduced by Ms Moylan MP, on 4 July 2011. This Bill was debated on 31 October 2011 and 18 June 2012. This Bill proposed amending the EPBC Act to require the minister to appoint an independent Community Aviation Advocate if Air Services Australia advises the minister of proposed changes in the management of aircraft noise or airspace management that would have a significant impact on the environment. The Bill also proposes changes to the scope of aviation airspace management actions under the EPBC Act. The Bill remained before the House of Representatives as of 30 June 2012.

  • The Environment Protection and Biodiversity Conservation Amendment (Mining, Petroleum and Water Resources) Bill 2011, introduced by Mr Windsor MP, on 12 September 2011. This Bill proposed to amend the EPBC Act to introduce an additional matter of national environmental significance: the protection of water resources from mining operations. On 29 May 2012 the Bill was removed from the Notice Paper in accordance with Standing Order 42 (no progress after eight consecutive sitting Mondays).

Three private member’s Bills introduced in the Senate in 2010–11 remained before the Senate as of 30 June 2012. These Bills were:

  • The Environment Protection and Biodiversity Conservation Amendment (Prohibition of Support for Whaling) Bill 2010, introduced by Senators Brown and Siewert on 29 September 2010. This Bill proposed creating the offence of providing any service, support or resources to organisations engaged in whaling. The Bill remained before the Senate as at 30 June 2012.

  • The Environment Protection and Biodiversity Conservation Amendment (Bioregional Plans) Bill 2011, introduced by Senator Colbeck on 2 March 2011. This Bill proposed amending the EPBC Act to specify that a bioregional plan is an instrument disallowable by parliament. This Bill remained before the Senate as of 30 June 2012.

  • The Environment Protection and Biodiversity Conservation Amendment (Protecting Australia’s Water Resources) Bill 2011 introduced by Senator Waters on 2 March 2011. This Bill proposed amending the EPBC Act to require mining operations to have Commonwealth approval if they will have, or are likely to have, significant impact on the quality, structural integrity or hydraulic balance of a water resource. The Bill remained before the Senate as of 30 June 2012.

Two private member’s Bill proposing amendments to the EPBC Act and introduced in the House of Representatives in 2010–11 were discharged from the House in 2011–12. These Bills were:

  • The Environment Protection and Biodiversity Conservation (Abolition of Alpine Grazing) Bill 2011, introduced by Mr Bandt MP, on 28 February2011. This Bill proposed amending the EPBC Act to deem that the minister had received a referral from the Victorian Government of its proposal to trial cattle grazing in the Alpine National Park, and had decided that this trial was completely unacceptable. On 22 November 2011 the Bill was removed from the Notice Paper in accordance with Standing Order 42 (no progress after eight consecutive sitting Mondays).

  • The Environment Protection and Biodiversity Conservation (Public Health and Safety) Amendment Bill 2010 introduced in the House of Representatives by Mr Hartsuyker MP, on 15 November 2010 and introduced in the Senate on 10 February 2011. This Bill proposed amending the EPBC Act to enable the minister to approve the relocation of the flying fox colony in Maclean (NSW) upon completion of state approval. This Bill was discharged from the Senate Notice Paper on 13 September 2011.


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