Intention to develop a draft bilateral agreement with Victoria

Overview

The Commonwealth of Australia, under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), has initiated the development of a draft bilateral agreement with the State of Victoria. This legislative move, announced by Minister for the Environment, Greg Hunt, aims to address inefficiencies and duplication in environmental assessment processes between the Commonwealth and the State. The intention is to streamline the assessment process for certain actions that are currently subject to dual approval under both the EPBC Act and the Victorian Environment Protection Act, thereby reducing administrative burdens and expediting decision-making. The policy objective is to foster a more collaborative and efficient approach to environmental management while ensuring that significant impacts are adequately assessed. The intention to develop this draft agreement under section 45 of the EPBC Act also includes a declaration that certain classes of actions do not require approval under Part 9 of the Act, further aiming to alleviate procedural complexities and enhance the effectiveness of environmental protection measures. This initiative underscores a commitment to improving coordination between federal and state environmental regulations, ultimately contributing to better conservation outcomes and more streamlined environmental governance.

Scope and Application

The Commonwealth of Australia, through the Minister for the Environment, Greg Hunt, has announced an intention to develop a draft bilateral agreement with the State of Victoria under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). This initiative is undertaken in accordance with subsection 45(3) of the Act, which pertains to the development of bilateral agreements with states or territories. The proposed bilateral agreement will include a declaration under section 46 of the EPBC Act, identifying classes of actions that do not require approval under Part 9 of the Act. This application is specifically targeted at refining and streamlining the approval processes for certain actions that are deemed to have minimal impact on matters of national environmental significance, thereby facilitating more efficient environmental governance. The geographic and jurisdictional reach of this agreement is limited to the Commonwealth and the State of Victoria, and it will not extend to other states or territories unless similarly agreed upon. The Act itself does not specify exclusions or exemptions beyond those outlined in the draft agreement, but the scope may be further defined through subordinate instruments that the Minister may develop in consultation with relevant stakeholders.

Key Provisions

The primary operative sections of this notification are sections 45 and 46 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act). Section 45(3) mandates that the Minister for the Environment must give notice of an intention to develop a draft bilateral agreement with a state, while section 46 allows for the declaration that certain classes of actions do not need approval under Part 9 of the EPBC Act. This intention by Greg Hunt, the Minister for the Environment, to develop a draft bilateral agreement with the State of Victoria under these sections seeks to streamline and formalise the environmental approval processes between the Commonwealth and Victoria. The Act imposes certain obligations and requirements on both the Commonwealth and the State of Victoria. For the Commonwealth, it mandates the development of a bilateral agreement aimed at reducing duplication and enhancing coordination in environmental approvals. For Victoria, the Act requires participation in the development process of this agreement, including reviewing and providing feedback on the draft agreement. Both parties must ensure that the agreement aligns with the objectives of the EPBC Act and does not compromise the protection of biodiversity and environmental values. Under the EPBC Act, breaches of the requirements or obligations set out in the bilateral agreement could lead to legal consequences. While the specific offences and penalties are not detailed in the notification, the general framework of the EPBC Act allows for both civil and criminal penalties. For example, under section 515 of the EPBC Act, individuals or entities that contravene the Act can face fines of up to $1.1 million or imprisonment for up to 5 years, or both. Companies can face even higher fines of up to $5.5 million. These penalties are intended to enforce compliance with environmental protection laws and ensure the integrity of the bilateral agreement process.