Bilateral Agreement between the Commonwealth of Australia and the State of Tasmania

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, by regulating actions that may have a significant impact. The Act establishes a framework for the protection of the environment and biodiversity through the implementation of assessments and approvals for certain activities. In 2014, a bilateral agreement was entered into between the Commonwealth of Australia and the State of Tasmania under section 45 of the EPBC Act, to streamline and enhance the environmental approval process for certain activities that impact both Commonwealth and State jurisdictions. The policy objective of this agreement is to facilitate more efficient and coordinated environmental decision-making, ultimately benefiting both the environment and the economy. The agreement was enacted by the Commonwealth Government and can be viewed at www.environment.gov.au/epbc/bilateral-agreements/tas.

Scope and Application

The Commonwealth of Australia has entered into a bilateral agreement with the State of Tasmania under section 45 of the Environment Protection and Biodiversity Conservation Act 1999. This agreement is aimed at enhancing environmental protection and biodiversity conservation efforts within Tasmania, operating under the overarching framework of the EPBC Act and the EPBC Regulations. It applies to the government of Tasmania, entities operating within the state, and any individuals or organisations whose activities may impact the environment and biodiversity as defined by the Act. The agreement extends to all geographic areas within Tasmania, thereby providing a comprehensive environmental governance structure specific to the state. While the bilateral agreement is designed to complement and enforce the provisions of the EPBC Act, it may include specific exclusions, exemptions, or thresholds that are detailed within the agreement itself and can be accessed via the Department of the Environment’s website. The agreement may also be further elaborated or amended through subordinate instruments as necessary to address specific environmental challenges or regulatory needs.

Key Provisions

The main operative sections of the bilateral agreement between the Commonwealth of Australia and the State of Tasmania under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are set out in the notification given by the Minister for the Environment, Gregory Hunt. These sections establish the framework for how the Commonwealth and Tasmania will collaborate in protecting and managing environmental matters of national significance. The bilateral agreement (sections 45(1) to 45(4)) provides for the formal recognition of Tasmania’s roles and responsibilities in environmental management, while ensuring alignment with the overarching objectives of the EPBC Act. The agreement delineates specific actions and responsibilities each party must undertake, ensuring a coordinated approach to environmental conservation. The bilateral agreement imposes several obligations and requirements on both the Commonwealth and Tasmania. The Commonwealth is required to provide leadership and support for the implementation of the agreement, ensuring that environmental protection measures are consistent with national policies and standards (section 45(1)). Tasmania, on the other hand, must develop and maintain environmental laws and management practices that align with the objectives of the EPBC Act (section 45(2)). Both parties must cooperate in the preparation and review of the bilateral agreement, ensuring transparency and public participation (section 49A). Furthermore, Tasmania is required to report on its progress and compliance with the agreement, allowing for accountability and continuous improvement (section 45(3)). Any breaches of the bilateral agreement could lead to various offences, penalties, or civil and criminal consequences. The EPBC Act provides for a range of enforcement measures, including fines and imprisonment for serious violations. For example, section 474 of the EPBC Act allows for a maximum penalty of $222,000 for individuals and $1,110,000 for corporations for contravening the Act. Additionally, under section 528, individuals found guilty of criminal offences under the EPBC Act may face imprisonment for up to five years. Civil penalties can also be imposed for breaches, which may include orders for remediation or compensation to affected parties. These provisions underscore the importance of compliance with the bilateral agreement and the potential consequences for non-compliance.