Opportunity for Public Comment Draft Assessment Bilateral Agreement with the State of South Australia

Overview

The Department of Climate Change, Energy, the Environment and Water has issued a draft assessment bilateral agreement with the State of South Australia under subsection 49A(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Act, enacted in 1999, aims to address the need for streamlined and efficient environmental assessment processes. The proposed agreement will enable the South Australian Government to assess certain actions under the EPBC Act through its own processes, covering actions assessed under the Mining Act 1971 (SA), and the Planning, Development and Infrastructure Act 2016 (SA). The primary objective is to reduce the duplication of assessments between the Australian and South Australian Governments, thereby enhancing administrative efficiency and ensuring consistent environmental protection standards. The draft agreement is available for public comment, with submissions due by 5pm (AEST) on 2 September 2024, and can be submitted via the DCCEEW consultation hub.

Scope and Application

The Draft Assessment Bilateral Agreement with the State of South Australia, issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertains to actions assessed under the Mining Act 1971 (SA) and the Planning, Development and Infrastructure Act 2016 (SA). This agreement specifically applies to entities and industries operating under these acts within South Australia, facilitating a streamlined assessment process for certain actions that would otherwise be assessed under the EPBC Act. This bilateral arrangement is designed to avoid duplication in environmental impact assessments between the Commonwealth and South Australian governments, thereby enhancing efficiency and ensuring that relevant environmental considerations are adequately addressed. Submissions on the draft agreement are open to interested members of the public, with a deadline of 5pm (AEST) on 2 September 2024, and should be submitted through the Department of Climate Change, Energy, the Environment and Water consultation hub.

Key Provisions

The main sections of the draft assessment bilateral agreement between the Commonwealth and the State of South Australia (subsection 49A(a) of the Environment Protection and Biodiversity Conservation Act 1999) allow the South Australian Government to conduct its own assessments for certain actions under the EPBC Act. Specifically, this agreement pertains to actions assessed under the Mining Act 1971 (SA) and the Planning, Development and Infrastructure Act 2016 (SA). This means that South Australia can use its own regulatory processes to assess these actions, reducing the need for duplicate assessments by both the Commonwealth and the State. The objective is to streamline the environmental assessment process and enhance efficiency by leveraging the state's existing regulatory frameworks. The Act imposes several obligations on both the Commonwealth and the State of South Australia. For the Commonwealth, the obligation is to enter into and maintain the bilateral agreement, ensuring it aligns with the EPBC Act's objectives. The State of South Australia must ensure that its assessment processes are robust and capable of meeting the standards required under the EPBC Act. Both parties must also maintain open lines of communication and cooperation to effectively implement the agreement. Furthermore, the Act requires that any assessments conducted under the agreement must be transparent and include opportunities for public participation and comment. Failure to comply with the provisions of the agreement or the EPBC Act can lead to various consequences. For natural persons, the Act may impose civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties can include fines up to a maximum of $1.1 million for individuals and $5.5 million for corporations, as stipulated by the relevant sections of the EPBC Act. Criminal penalties may also apply, with potential imprisonment terms varying based on the offence. Additionally, breaches of the agreement could lead to the invalidation of assessments conducted under the agreement, requiring re-assessment and potentially causing delays in project approvals. The exact penalties and consequences would be determined based on the specific breach and the provisions of the EPBC Act.