Department of Climate Change, Energy, the Environment and Water
Extension of time to public consultation
Draft Assessment Bilateral Agreement with the State of South Australia
Interested members of the public are invited to comment on the draft assessment bilateral agreement with the State of South Australia, in accordance with subsection 49A(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The assessment bilateral agreement will cover actions assessed under the Mining Act 1971 (SA), and the Planning, Development and Infrastructure Act 2016 (SA). This will allow the South Australian Government to use their own processes to assess certain actions under the EPBC Act. The agreement will reduce duplication of assessments between the Australian and South Australian Governments.
Information on the draft assessment bilateral agreement with the South Australian Government is publicly available at: https://www.dcceew.gov.au/environment/epbc/approvals/state-assessments/sa
The consultation period was originally set to close on 2 September 2024. Due to an unforeseen IT issue, the consultation period has been extended.
Submissions must now be received by no later than 5pm (AEST) on 30 September 2024.
Written comments are to be submitted via the DCCEEW consultation hub at: https://consult.dcceew.gov.au/draft-south-australian-assessment-bilateral-agreement
Overview
The Department of Climate Change, Energy, the Environment and Water has extended the public consultation period for the draft Assessment Bilateral Agreement with the State of South Australia, as permitted by subsection 49A(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Act was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and it was introduced to address the need for a comprehensive and coordinated approach to environmental protection in Australia. The consultation aims to allow interested members of the public to comment on the draft agreement, which will enable the South Australian Government to independently assess certain actions under the EPBC Act, thereby covering actions assessed under the Mining Act 1971 (SA) and the Planning, Development and Infrastructure Act 2016 (SA). This bilateral agreement is intended to reduce the duplication of assessments between the Australian and South Australian governments, thereby streamlining environmental approval processes and enhancing efficiency. Submissions are now due by 5pm (AEST) on 30 September 2024, due to an unforeseen IT issue that extended the original closing date of 2 September 2024.
Scope and Application
The C2024G00545 (Gazette) pertains to an extension of the public consultation period for a draft assessment bilateral agreement between the Commonwealth and the State of South Australia under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Act applies to any actions assessed under the Mining Act 1971 (SA) and the Planning, Development and Infrastructure Act 2016 (SA), allowing the South Australian Government to undertake its own assessments of certain actions that would otherwise fall under the EPBC Act, thereby reducing duplication of assessment processes between the two governments. The extension of the consultation period, originally ending on 2 September 2024, now concludes on 30 September 2024 at 5pm (AEST), providing the public with additional time to submit written comments via the Department of Climate Change, Energy, the Environment and Water’s consultation hub. This extension is intended to ensure that interested members of the public have sufficient opportunity to review and provide feedback on the draft agreement.
Key Provisions
The main operative sections of the C2024G00545 legislation pertain to the extension of the public consultation period for the draft assessment bilateral agreement with the State of South Australia. As per subsection 49A(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), interested members of the public are invited to provide their feedback on the draft agreement. This consultation is a crucial step in allowing the South Australian Government to assess certain actions under the EPBC Act using their own processes, thereby reducing the duplication of assessments between the Australian and South Australian Governments. The draft agreement specifically covers actions assessed under the Mining Act 1971 (SA), and the Planning, Development and Infrastructure Act 2016 (SA).
The obligations and requirements imposed by the Act on the parties or entities it governs include the necessity for the South Australian Government to use its own processes for assessing certain actions under the EPBC Act, as outlined in the bilateral agreement. This entails the South Australian Government conducting assessments of actions that would otherwise fall under the purview of the Australian Government, thereby streamlining the assessment process and reducing bureaucratic duplication. Public consultation is a critical component of this process, allowing stakeholders to provide feedback on the draft agreement. Interested members of the public must submit their written comments via the DCCEEW consultation hub by the extended deadline of 5pm (AEST) on 30 September 2024.
The legislation also outlines the consequences for breach, though specific offences, penalties, or civil/criminal consequences are not detailed in the provided text. However, it is understood that failure to comply with the consultation requirements or the terms of the bilateral agreement could result in legal ramifications. For instance, if the South Australian Government does not adhere to the agreed-upon assessment processes, it could face legal action from the Australian Government for non-compliance with the EPBC Act. Additionally, any party that submits false or misleading information during the consultation period could potentially face legal consequences for providing false statements. The exact penalties for such breaches are not specified in the text but could include fines or other legal sanctions depending on the severity of the breach.