Invitation to comment on a draft bilateral agreement with Western Australia

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) is a cornerstone of Australia's environmental governance framework, designed to protect and manage the nation's environmental heritage. This legislation was enacted to address the need for a comprehensive approach to environmental protection that covers both federal and state jurisdictions. The Act aims to provide for the protection of the environment, particularly matters of national environmental significance, by establishing a robust legal framework that includes provisions for assessing and managing the impacts of proposed actions. The policy objective of the Act is to ensure that significant environmental impacts are avoided, mitigated, or offset, thereby promoting sustainable development. The Commonwealth of Australia, through the Minister for the Environment, Greg Hunt, has issued an invitation for public comment on a draft bilateral agreement with Western Australia under section 49A of the EPBC Act. This agreement, which can be accessed via the Department of the Environment's website or through direct contact, aims to streamline the environmental assessment process by potentially exempting certain classes of actions from the need for assessment under Part 8 of the EPBC Act. The public consultation period closes on Friday, 27 June 2014, encouraging stakeholders to provide their feedback to help refine the agreement and ensure it meets the legislative objectives of protecting the environment while facilitating efficient administrative processes.

Scope and Application

The draft bilateral agreement between the Commonwealth of Australia and Western Australia under the Environment Protection and Biodiversity Conservation Act 1999 applies to all individuals, entities, and industries within the jurisdiction of Western Australia that engage in activities that may impact on matters of national environmental significance as defined by the Act. The purpose of this agreement is to streamline the environmental approval process for certain actions, thereby potentially reducing delays and enhancing efficiency in project approvals. The scope of the Act extends to a variety of actions, transactions, and developments that might otherwise require assessment under the Commonwealth’s EPBC Act. However, the bilateral agreement may exclude certain classes of actions from needing further assessment under Part 8 of the EPBC Act, thus reducing the Commonwealth's regulatory burden over these specific activities. The agreement is intended to be applied nationally but focuses on actions within Western Australia, aligning state and federal environmental protection objectives. The invitation to comment on the draft agreement is open to any person, providing an opportunity for public input before finalisation of the agreement.

Key Provisions

The primary operative sections of the Gazette (C2014G00848) revolve around the invitation for public comment on a draft bilateral agreement between the Commonwealth of Australia and Western Australia, pursuant to section 49A of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) (subsection 49A(a)). This agreement, which is available for review at http://www.environment.gov.au/EPBC/bilateral-agreements/wa, may designate certain classes of actions that do not require assessment under Part 8 of the EPBC Act. The Gazette serves to notify the public that this draft agreement is open for inspection and feedback, with the intention of allowing stakeholders to contribute their insights before the finalisation of the agreement. The Act imposes several obligations on parties involved in the creation and review of the bilateral agreement. Firstly, the Minister for the Environment, in this case, Greg Hunt, is mandated to provide public notice of the draft agreement, ensuring transparency and inclusivity in the legislative process (subsection 49A(a)). Secondly, the Act encourages any interested parties to submit written comments on the draft agreement, which must be received by a specified deadline, in this instance, 5pm on Friday, 27 June 2014. The submission of comments is to be directed either to a physical address or via email to a designated contact, Onestopshop@environment.gov.au, ensuring accessibility for all contributors (Division 16.1 of the Environment Protection and Biodiversity Conservation Regulations 2000). Under the Act, there are no explicit offences, penalties, or consequences outlined for breaches related to the public comment period on the draft bilateral agreement. The primary focus of the Gazette is to facilitate public engagement and gather feedback on the proposed agreement, rather than to enforce penalties for non-compliance with the comment submission process. The Act’s emphasis lies in the collaborative development of the agreement, allowing for the inclusion of diverse perspectives to enhance the final legislative outcome. In summary, the Gazette (C2014G00848) serves to publicly announce the availability of the draft bilateral agreement and invite comments, aligning with the requirements of the EPBC Act. The obligations revolve around the transparent dissemination of the draft agreement and the collection of public feedback. While there are no penalties for non-compliance with the comment submission process, the Act ensures that the legislative development is inclusive and informed by stakeholder input.