Intention to develop a draft bilateral agreement with the State of Victoria under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to protect and manage Australia's biodiversity and its ecosystems, including areas that require federal oversight and regulation. The EPBC Act aims to achieve this through the establishment of a robust assessment and approval process for actions that may have significant environmental impacts. The Commonwealth Parliament is the enacting body of the EPBC Act, with the policy objective of ensuring that environmental considerations are integrated into decision-making processes, ultimately contributing to the preservation of Australia's unique natural heritage. In line with section 45 of the EPBC Act, the Minister for the Environment, SUSSAN LEY, has expressed the intention to develop a draft bilateral agreement with the State of Victoria. This agreement includes a declaration under section 46 of the EPBC Act, which identifies classes of actions that do not require approval under Part 9 of the EPBC Act. This initiative aims to streamline the environmental assessment and approval process, facilitating more efficient management of environmental matters within the state while still upholding the objectives of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) pertains to the protection of the environment, including matters of national environmental significance, and applies to a broad spectrum of actions that may impact on these matters. The Act applies to individuals, corporations, and other entities undertaking activities that may affect environmental values protected under the Act. The geographic reach of the Act extends across the Commonwealth of Australia, including its territories, and encompasses both direct and indirect actions that may result in environmental harm. However, the Act provides for certain exclusions, exemptions, and thresholds, which may apply in certain circumstances to streamline the approval process for actions that are assessed to have minimal environmental impact. The Act also allows for the development of bilateral agreements with states and territories, such as the proposed agreement with the State of Victoria, to provide for streamlined assessment and approval processes for actions that meet specified criteria. The application of the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which may provide further detail on the scope and application of the Act.

Key Provisions

The key provisions of the Gazette C2020G00644 concern the development of a draft bilateral agreement between the Commonwealth of Australia and the State of Victoria under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The Minister for the Environment, Sussan Ley, has issued a notice of intention to develop this draft agreement. This intention aligns with subsection 45(3) of the EPBC Act, which allows for the creation of such agreements to streamline environmental assessments and approvals. Specifically, the draft agreement includes a declaration under section 46 of the EPBC Act that certain classes of actions do not require approval under Part 9 of the EPBC Act. This declaration is intended to apply to specified provisions of Part 3 of the EPBC Act, facilitating more efficient environmental management processes. The obligations and requirements imposed by this draft agreement are primarily directed at ensuring that the actions covered by the declaration meet specific environmental criteria. The agreement will detail which classes of actions are exempt from the need for approval under Part 9 of the EPBC Act, thereby streamlining the approval process for these actions. Both the Commonwealth and the State of Victoria will need to adhere to the conditions and criteria set out in the agreement to ensure that the exempted actions do not adversely impact the environment. This will include maintaining comprehensive records and reporting mechanisms to demonstrate compliance with the EPBC Act's overarching objectives. Failure to comply with the provisions of the EPBC Act or the bilateral agreement could lead to significant legal consequences. Under the EPBC Act, breaches of its provisions can result in both civil and criminal penalties. For instance, individuals or corporations found guilty of contravening the Act may face fines of up to $1.1 million for a single offence and imprisonment for up to five years. The exact penalties will depend on the nature and severity of the breach. Additionally, the Minister for the Environment may seek injunctions or other remedies to prevent further non-compliance, ensuring that environmental protection standards are upheld. These stringent measures underscore the importance of adhering to the Act's requirements and the bilateral agreement's stipulations.