Intention to develop a draft bilateral agreement with Queensland

Overview

The Commonwealth of Australia, through Minister for the Environment Greg Hunt, has announced its intention to develop a draft bilateral agreement with Queensland under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). This follows the requirement of subsection 45(3) of the EPBC Act, which facilitates the collaboration between the Commonwealth and individual states or territories to streamline environmental assessment processes. The draft bilateral agreement, an amendment to the existing one with Queensland, aims to identify specific classes of actions that may be exempt from assessment under Part 8 of the EPBC Act, thus enhancing efficiency and potentially reducing administrative burdens for developers while ensuring that environmental protection standards are maintained. This initiative underscores the policy objective of fostering cooperative federalism in environmental governance and improving the effectiveness of the environmental impact assessment process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) applies to a wide range of entities, including individuals, corporations, and government bodies, with respect to actions that may impact matters of national environmental significance. This Act provides a framework for the protection and management of the environment at a national level. In this particular case, the Minister for the Environment, Greg Hunt, intends to develop a draft bilateral agreement with Queensland, which will be an amendment to the existing bilateral agreement between the Commonwealth and the State. This agreement aims to delineate classes of actions that do not require assessment under Part 8 of the EPBC Act. The geographic reach of this bilateral agreement is specific to Queensland and the Commonwealth, thereby affecting environmental assessments within this jurisdiction. Any exclusions or modifications to the scope of the agreement will be detailed in the draft bilateral agreement and any subsequent subordinate instruments.

Key Provisions

The key operative sections of the Gazette (C2014G01506) pertain to 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). Specifically, subsection 45(3) of the EPBC Act is referenced, highlighting the Minister for the Environment's intention to amend the existing bilateral agreement with the State of Queensland. The primary objective of this draft agreement is to declare certain classes of actions that may not require assessment under Part 8 of the EPBC Act. The Act imposes several obligations on the parties involved in this process. Firstly, the Minister for the Environment must give formal notice of the intention to develop the draft agreement, as stipulated in the Gazette. This notice must be given under the authority of the EPBC Act and must specify the intention to amend the existing bilateral agreement. Secondly, the draft agreement itself must undergo a review process to ensure it aligns with the objectives of the EPBC Act and the environmental protection standards it seeks to uphold. This includes considering the potential impacts of exempting certain actions from assessment under Part 8. Any breach of the obligations outlined in the Gazette or the resultant bilateral agreement could lead to various consequences. Although the Gazette itself does not detail specific offences or penalties, the overarching EPBC Act provides a framework for enforcement. Under the EPBC Act, failure to comply with its provisions can result in civil and criminal penalties. Civil penalties can include fines up to significant amounts, depending on the severity and nature of the breach. Criminal penalties may apply in more severe cases, leading to imprisonment for individuals found guilty of wilfully breaching the Act. These penalties serve to enforce adherence to environmental protection standards and ensure compliance with the legislative framework established by the EPBC Act.