Intention to develop a draft bilateral agreement with New South Wales

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to facilitate ecologically sustainable development. The Commonwealth Parliament introduced this Act to address the need for a cohesive national framework for environmental protection and to ensure that the federal government can effectively manage environmental issues that transcend state boundaries. The Act allows for the creation of bilateral agreements with states and territories to streamline the approval processes for actions that have potential environmental impacts, aiming to reduce duplication and improve efficiency while maintaining robust environmental safeguards. In line with section 45 of the EPBC Act, Greg Hunt, the Minister for the Environment, has announced the intention to develop a draft bilateral agreement with New South Wales. This agreement includes a declaration under section 46 of the EPBC Act, identifying certain classes of actions that do not require approval under Part 9 of the EPBC Act. This initiative seeks to streamline the environmental approval processes, fostering more efficient and collaborative management of environmental responsibilities between the Commonwealth and the state.

Scope and Application

The Commonwealth of Australia, under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), intends to develop a draft bilateral agreement with New South Wales, which includes a declaration that certain classes of actions do not require approval under Part 9 of the EPBC Act. This declaration pertains to actions that would otherwise need approval under the federal legislation but are deemed to be adequately managed under New South Wales's laws. The Act applies to entities and persons who are subject to the EPBC Act, including those involved in actions that may impact matters of national environmental significance. The geographic reach of this agreement is specifically targeted at New South Wales, thereby limiting its application to this state while still operating within the overarching framework of the Commonwealth's environmental protections. The intention to develop this bilateral agreement is an effort to streamline environmental approvals and foster cooperative federalism by recognising state-level environmental governance, subject to the exclusions and exemptions outlined in the proposed agreement.

Key Provisions

The primary sections of the EPBC Act (section 45) that are relevant to this Gazette include the intention of the Minister to develop a draft bilateral agreement with New South Wales. This draft agreement will involve a declaration (section 46) that specific classes of actions do not require approval under Part 9 of the EPBC Act. Essentially, the Minister aims to streamline the approval process for certain activities by removing them from the need for individual assessment under the federal environmental laws, provided they comply with the terms of the bilateral agreement. The obligations imposed by this Gazette on the relevant parties, primarily the Minister for the Environment and the government of New South Wales, are to collaboratively develop a draft bilateral agreement. This agreement must clearly outline the specific classes of actions that will be exempt from federal approval, ensuring that these actions still meet the environmental standards and protections as set out in the EPBC Act. Both parties must engage in thorough consultations and negotiations to ensure that the agreement is comprehensive and aligns with broader environmental objectives. Breaches of the obligations set out in the EPBC Act or the terms of any bilateral agreement can result in significant legal consequences. For example, if actions exempt under the agreement cause environmental harm, they could still be subject to penalties under other sections of the Act. The Minister and New South Wales government may face enforcement actions, including fines and other penalties, if they fail to adhere to the terms of the agreement or if exempted actions lead to violations of environmental standards. The maximum penalties for environmental offences can be substantial, reflecting the seriousness of protecting Australia's biodiversity and environment. These consequences underscore the importance of strict compliance with the terms of the bilateral agreement and the overarching requirements of the EPBC Act.