Intention to develop a draft bilateral agreement with Queensland (amendment)

Overview

The Commonwealth of Australia, through Minister for the Environment Greg Hunt, has expressed its intention to develop a draft bilateral agreement with Queensland under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act). This intention was communicated in Gazette C2013G01628. The motivation behind this initiative is to amend the existing bilateral agreement with Queensland, which currently addresses certain classes of actions that do not require assessment under Part 8 of the EPBC Act. By refining and updating this bilateral agreement, the policy objective is to streamline the environmental assessment process, enhancing efficiency while ensuring the continued protection of the nation's biodiversity and environment. This action is taken by the Parliament of Australia, reflecting a commitment to collaborative environmental governance between the Commonwealth and the State of Queensland.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) provides the legislative framework for the development of a bilateral agreement between the Commonwealth of Australia and the State of Queensland. This agreement, as a modification of the existing one, aims to streamline and potentially exempt certain classes of actions from the stringent assessment requirements outlined in Part 8 of the EPBC Act. The legislation applies to the Commonwealth, Queensland, and any entities or individuals whose actions may be affected by the classes of actions specified within the bilateral agreement. The geographic reach is primarily within the jurisdiction of Queensland, but the impact and application of the agreement are contingent on the classes of actions defined and the terms of the bilateral arrangement. Exclusions or exemptions from the EPBC Act's assessment process will be contingent on the content of the bilateral agreement, which is yet to be drafted and agreed upon. Any implementation or modification of the agreement may be further detailed or regulated through subordinate instruments, ensuring that the agreement aligns with the overarching objectives of the EPBC Act.

Key Provisions

The main sections of the notice concern the intention to develop a draft bilateral agreement with Queensland under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). Section 45(3) of the EPBC Act allows the Minister for the Environment to develop such agreements with states to streamline the environmental approval process. In this case, the Minister intends to amend the existing bilateral agreement with Queensland, aiming to further refine and specify the classes of actions that do not require assessment under Part 8 of the EPBC Act. This amendment seeks to provide clarity and potentially expedite certain environmental approvals by reducing the scope of actions that need detailed assessment. The obligations imposed by this notice on the parties involved include the collaborative development of a draft bilateral agreement by the Commonwealth and Queensland. This process requires both parties to engage in meaningful dialogue, ensuring the proposed changes align with the objectives of the EPBC Act. The Commonwealth must also ensure that the amendment respects the broader environmental protections outlined in the Act, while Queensland needs to review and respond to the draft, providing feedback and potentially proposing modifications to better suit their state's specific environmental needs and priorities. Both parties must adhere to the procedural requirements set out in the EPBC Act during this development phase. The notice does not explicitly outline specific offences, penalties, or consequences for breach within the notice itself. However, any failure to comply with the EPBC Act, including breaches in the development or implementation of bilateral agreements, could result in legal action. If the final bilateral agreement or its implementation is found to contravene the EPBC Act, it could lead to civil or criminal penalties. The penalties for breaches of the EPBC Act can be severe, including substantial fines for corporations (up to $666,000 for serious or repeated breaches) and individuals (up to $66,600), as well as potential imprisonment for criminal offences. Additionally, the Minister may seek court orders to enforce compliance, and non-compliance could lead to the invalidation of the agreement or other regulatory actions.