Intention to develop a draft bilateral agreement with Queensland

Overview

The Commonwealth of Australia, through the Minister for the Environment Greg Hunt, has declared an intention to develop a draft bilateral agreement with Queensland under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). This Act was enacted in 1999 to address the problem of significant impacts on the environment, particularly those related to biodiversity and heritage, caused by various actions that needed federal oversight and regulation. The policy objective behind this legislative framework is to provide a national system for the protection of the environment by regulating activities that may cause detrimental environmental effects, while also aiming for more efficient and streamlined environmental assessment and approval processes through bilateral agreements with states and territories. The intention to develop a draft bilateral agreement, as declared by the Minister, aims to include a declaration under section 46 of the EPBC Act that certain classes of actions do not need approval under Part 9 of the Act, thereby facilitating more effective and cooperative environmental governance.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment, particularly to matters of national environmental significance, by regulating actions that have, will have, or might have a significant impact on these matters. The Act applies to all persons, including individuals, companies, and government entities, as well as to certain actions, projects, and developments that are proposed or carried out within the Australian territory. The Act has a broad jurisdictional reach, operating at the Commonwealth level but also coordinating with state and territory laws to ensure comprehensive environmental protection. The Act includes specific exclusions and exemptions, such as certain actions that are listed as "actions of national environmental significance" and those covered by other legislation or agreements. The application and scope of the Act can be extended or restricted through subordinate instruments, including regulations and guidelines issued by the Minister under the Act. The intention to develop a draft bilateral agreement with Queensland under section 45 of the EPBC Act further exemplifies the Act's flexibility in addressing specific environmental challenges through tailored agreements.

Key Provisions

The primary sections of the Gazetted notice (C2013G01629) concern the intention to develop a draft bilateral agreement with Queensland under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). This intention is formally announced in accordance with subsection 45(3) of the EPBC Act by Greg Hunt, the Minister for the Environment. The main focus of the notice is to declare under section 46 of the EPBC Act that certain classes of actions will not require approval under Part 9 of the EPBC Act as part of the bilateral agreement with Queensland. The obligations imposed by this Act on the parties involved are primarily administrative and procedural. The Minister for the Environment must formally announce the intention to develop the draft bilateral agreement, ensuring that all stakeholders are informed of this development. The Minister must also work with Queensland to draft the agreement, which will include the declaration of certain actions exempt from Part 9 approval. This process involves detailed consultation and negotiation to ensure that the agreement aligns with the overarching objectives of the EPBC Act, which are to protect and conserve biodiversity and manage environmental impacts. The Gazetted notice also outlines the potential consequences of non-compliance or breach of the terms set out in the EPBC Act. While the Gazetted notice itself does not specify penalties, the EPBC Act includes provisions for both civil and criminal penalties for breaches. Civil penalties can include fines up to $666,000 for individuals and $3.3 million for corporations, depending on the severity and nature of the breach. Criminal penalties can include imprisonment for up to five years for individuals and fines for corporations that can be significantly higher. These penalties are designed to enforce compliance and deter non-compliance with the Act's provisions. In summary, the Gazetted notice (C2013G01629) announces the Minister for the Environment's intention to develop a draft bilateral agreement with Queensland, which includes a declaration of actions exempt from EPBC Act approval. The Act imposes procedural obligations on the Minister and Queensland to ensure the agreement is developed in accordance with the law. Non-compliance with the EPBC Act can result in substantial civil and criminal penalties, reflecting the importance of adhering to environmental protection laws.