EXPLANATORY STATEMENT
Issued by the Authority of the Minister for the Environment and Water Resources
Environment and Heritage Legislation Amendment Act (No.1) 2006
Proclamation
The Environment and Heritage Legislation Amendment Act (No. 1) 2006 (the EHLA Act) amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to make the EPBC Act more efficient, effective and flexible; to allow for the use of more strategic approaches; improve processes and environmental outcomes; and to provide greater certainty in decision-making.
The table in subsection 2(1) of the EHLA Act sets out the commencement dates for the various provisions in the Act. In particular, items 2, 4, 7, 9, 13 and 15 of the table provide that items 1 to 606, 608 to 780, 783 to 807, 809 to 835, 839 and 840, and 846 to 869 respectively of Schedule 1 to the EHLA Act will commence on a day or days to be fixed by Proclamation. However, if any of these provisions do not commence within the period of 6 months beginning on the day on which the EHLA Act received Royal Assent, they will commence on the first day after the end of that period. Royal Assent was provided on 12 December 2006.
On 1 January 2007, items 605, 837, 839, 852 and 853 of the EHLA Act commenced, and on 15 January 2007, item 763 of the EHLA Act commenced.
The purpose of the Proclamation is to fix 19 February 2007 as the day on which items 1 to 604, 606, 608 to 762, 764 to 780, 783 to 807, 809 to 835, 840, 846 to 851, and 854 to 869 of Schedule 1 to the EHLA Act commence.
Consultation was unnecessary for this instrument as it is of a machinery nature only.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Environment and Heritage Legislation Amendment Act (No.1) 2006, enacted by the Parliament of Australia, was introduced to address inefficiencies, ineffectiveness, and a lack of flexibility within the existing Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The primary objective of the EHLA Act is to enhance the EPBC Act's strategic approach, improve processes, and ensure better environmental outcomes and certainty in decision-making. This legislative amendment aimed to refine the existing environmental protection framework, enabling more efficient and effective biodiversity conservation practices. The Proclamation issued under this Act sets out specific commencement dates for various provisions, ensuring that the amended legislation is implemented in a structured and timely manner.
Scope and Application
The Environment and Heritage Legislation Amendment Act (No. 1) 2006, proclaimed under the authority of the Minister for the Environment and Water Resources, serves to amend the Environment Protection and Biodiversity Conservation Act 1999, enhancing its efficiency, effectiveness, flexibility, and decision-making certainty. This Act applies to various entities and individuals involved in activities that may impact the environment and biodiversity, including corporations, businesses, and individuals undertaking actions that require approval under the EPBC Act. The legislative changes introduced by the EHLA Act cover a broad range of industries and activities, particularly those that may have a significant environmental impact. Geographically, the Act's jurisdiction extends across the Commonwealth of Australia, ensuring a unified approach to environmental protection and conservation. While the Act primarily applies to those conducting activities that may affect protected matters, certain provisions and exemptions are detailed within the Act itself, and additional guidance or exclusions may be established through subordinate instruments. The proclaimed commencement dates for various sections of the EHLA Act are set out in the table of the Act, with specific items to commence on dates fixed by proclamation, ensuring a structured and timely implementation of the legislative changes.
Key Provisions
The Environment and Heritage Legislation Amendment Act (No. 1) 2006 (EHLA Act) introduces significant amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Key provisions of the EHLA Act, detailed in Schedule 1, are designed to enhance the efficiency, effectiveness, and flexibility of the EPBC Act. These provisions include modifications to the approval processes, the introduction of more strategic approaches, and improvements to environmental outcomes and decision-making certainty. The commencement of these provisions is staggered, with specific items commencing on dates to be fixed by Proclamation, although if not commenced within six months of Royal Assent, they will automatically commence on the first day after this period. Royal Assent for the EHLA Act was granted on 12 December 2006, and as such, certain provisions have already commenced on 1 January 2007, while others will commence on 19 February 2007 as specified by the Proclamation.
The EHLA Act imposes several obligations on parties and entities governed by the amended EPBC Act. Firstly, it mandates that strategic assessments be conducted for certain activities that may significantly impact the environment. This involves a more comprehensive evaluation of potential environmental effects and the development of mitigation strategies. Additionally, the Act requires proponents to submit detailed environmental impact statements for projects that may cause significant harm to protected matters, such as endangered species or heritage sites. Furthermore, it enhances the role of the Minister for the Environment and Water Resources by providing greater discretion in decision-making, ensuring that environmental considerations are given appropriate weight.
The EHLA Act also delineates offences and penalties for non-compliance with its provisions. Individuals or entities that fail to adhere to the requirements of the amended EPBC Act may face substantial civil or criminal penalties. For example, failure to obtain the necessary approval for a controlled action can result in civil penalties, including fines of up to $66,000 for individuals and $330,000 for corporations. Additionally, the Act empowers the court to impose criminal penalties, including fines of up to $5.5 million for corporations and imprisonment for up to five years for individuals, for serious breaches that cause significant environmental harm. These stringent measures underscore the importance of compliance with the environmental protection provisions outlined in the EHLA Act.