Intention to Develop a Draft Bilateral Agreement with the State of Queensland Under Section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Overview

The Commonwealth of Australia has announced its intention to develop a draft bilateral agreement with the State of Queensland, under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). This initiative, announced by SUSSAN LEY, the Minister for the Environment, aims to streamline environmental approval processes by declaring that certain classes of actions will not require approval under Part 9 of the EPBC Act for specified provisions of Part 3. This agreement seeks to address the need for a more efficient environmental management framework while ensuring that significant impacts are still adequately assessed and managed. The intention to develop this draft bilateral agreement reflects the policy objective of fostering better collaboration between the Commonwealth and Queensland in protecting Australia's biodiversity and environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) pertains to the protection of the environment, particularly in matters that cross state borders or affect the environment on a national or international scale. This legislation applies to individuals, corporations, and entities involved in actions that could potentially impact the environment, including industries such as mining, agriculture, and urban development. The EPBC Act has jurisdiction over actions that may affect matters of national environmental significance, as defined in the Act, and it extends to the entire Commonwealth of Australia, including territories. The Act provides for the exclusion of certain classes of actions from the need for approval under Part 9 of the EPBC Act, contingent upon the development of a bilateral agreement with a state, in this case, Queensland. Such agreements can specify classes of actions that do not require approval if they are managed under state laws deemed equivalent to the Commonwealth’s environmental standards. The application and scope of the Act can be further refined through subordinate instruments, allowing for the detailed specification of actions, conditions, and thresholds that define the regulatory environment for environmental protection.

Key Provisions

The main operative sections of this notice pertain to the development of a draft bilateral agreement between the Commonwealth of Australia and the State of Queensland, as outlined under section 45(3) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). Specifically, the Minister for the Environment, SUSSAN LEY, has declared an intention to draft this agreement to include a declaration under section 46 of the EPBC Act. This declaration identifies certain classes of actions that do not require approval under Part 9 of the EPBC Act for the purposes of specified provisions of Part 3 of the EPBC Act. The Act imposes several obligations on the parties involved. Firstly, the Minister for the Environment must engage in consultation with relevant stakeholders, including the State of Queensland, during the drafting of the bilateral agreement. This ensures that the agreement reflects the needs and perspectives of all affected parties. Secondly, the Minister must ensure that the agreement, once finalised, complies with the provisions of the EPBC Act. This includes making sure that the declared classes of actions are appropriately identified and justified, in accordance with the environmental protections outlined in the Act. Breaching the obligations imposed by the EPBC Act can result in both civil and criminal consequences. For instance, if an action that requires approval under Part 9 of the EPBC Act is undertaken without the necessary approval, it can lead to civil penalties. According to section 528 of the EPBC Act, an individual can be fined up to $66,600 for each offence, while a corporation can be fined up to $333,300 for each offence. Additionally, criminal penalties can be imposed for more serious breaches. Section 531 of the EPBC Act states that an individual can be fined up to $5.5 million or imprisoned for up to 5 years, or both, for a serious or repeated breach of the Act. Similarly, corporations can be fined up to $27.5 million for such offences. These penalties are intended to ensure compliance with environmental protection laws and to deter non-compliance.