House debates

Monday, 16 June 2014

Bills

Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014

4:22 pm

Photo of Nickolas VarvarisNickolas Varvaris (Barton, Liberal Party) Share this | Hansard source

I am pleased to have the opportunity today to speak on the Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014. Firstly, the coalition is absolutely committed to environment protection and economic responsibility. We do this in a win-win scenario. I absolutely reject the premise used by the opposition that the coalition does not care about our environment and that this bill is a retrograde mechanism to harm the states and the environment. This bill is not about negatively affecting the promotion of conservation and ecologically sustainable use of natural resources. It will serve to ensure an efficient, timely and effective process for assessment and approval actions and, importantly, to minimise unnecessary duplication in bureaucracy at state and federal levels.

What the bill proposes is that states and territories commit to the agreement with the Commonwealth to ensure that objectives of the EPBC Act are met and environmental standards are fully and completely maintained, and in some instances further increased, whilst actively allowing faster approvals and a simpler process which will deliver benefits for all. Importantly, the coalition firmly believes that a single entry point at state level for approval can maintain environmental standards and allow businesses to get on with things.

The coalition is a staunch advocate, and rightly so, of a one-stop shop for environmental approvals so that only one environmental approval that covers both Commonwealth and state requirements is needed for an action. The Commonwealth, state and territory governments are committed to working together to achieve this. Crucially, the Commonwealth will maintain an important role and remain accountable for its obligations under the Environment Protection and Biodiversity Conservation Act 1999, including international treaties. The Commonwealth will retain an approval role for actions in Commonwealth waters, on Commonwealth land or by Commonwealth agencies and, lastly, the Commonwealth will have an ongoing role in ensuring that commitments under bilateral agreements are met.

Before I proceed, allow me to put some things into context. The current situation we find ourselves in is a direct result of the former government's hasty arrangements with the former Independent member for New England in a resulting minority government. These hasty arrangements of a supposed one-stop shop were permitted for all arrangements but strictly excluded what was known as 'water trigger' projects, those such as coal seam gas and coal mining believed to have adverse impacts on water resources. Consequently, organisations wanting to undertake such projects were subjected to lengthy assessment and approval processes at state, territory and Commonwealth levels. This meant businesses would grapple with a multitude of overlapping regulatory burdens which was immensely time consuming, involving jumping through hoops and processes which could go on for weeks and months, sometimes years. For a business that has no certainty and contracts with pending results for weeks and months on end, that can be disastrous.

The opposition's argument thus far has been the logic that regulatory burden enables better environmental control. No, it enables the control of businesses being buried with red tape and strangled with paperwork, but the impact on the environment is disputable. The coalition understands the need for scrutiny and accountability for environmental protection by ensuring all projects carried out by organisations meet environmental standards. Because the coalition has Australian businesses and jobs at the forefront of decision-making processes, the coalition absolutely understands the urgency for reducing red tape and having a streamlined regulatory and administrative process in a unified framework, whilst allowing all other stakeholders to get on with their role. State and territory governments have responsibility for land and water management in Australia. This is not new and has been in place for some time now.

One of the key achievements of this bill is enabling the removal of the duplication across jurisdictions and creating an efficient, effective process. When fully implemented, this bill will allow for a true one-stop shop for environmental approvals that has a single entry point at the state level for approvals. This is achieved through three parts: (1) signing a memorandum of understanding on key principles and confirming cooperation; (2) updating on bilateral agreements for those already in place; and (3) agreement on bilateral approvals within 12 months. Eliminating duplication means Australian businesses can expedite their operations whilst the Commonwealth not only maintains but strengthens environmental standards.

It will strengthen environmental standards because, prior to entering a bilateral agreement, states and territories must demonstrate that their environmental assessment and approval processes meet the high standards set up by the Environmental Protection and Biodiversity Conservation Act. The states and territories are accountable for matters that would produce adverse outcomes for the environment. Having a one-stop shop also means there is more transparency and access to information on the environment, and stakeholders can review as necessary. Should there be any issues or disputes, an escalated resolution process will be on hand. Finally, the environment minister will retain the ability to further assess or approve a project.

The suggestion that this bill will give too much power back to states and territories is a woeful and even insulting premise. The state and territory governments are perfectly able to make informed environmental impact assessments for such projects and should have the autonomy to proceed as they see fit. This bill will abolish the metaphorical hand-holding by the Commonwealth which only serves to create a bloated bureaucracy and inefficiency. If we backtrack two years, the one-stop-shop reform was actually introduced by the Labor Party, devised by the Gillard government, in early 2012 with the mechanism in operation by March 2013. The idea was to allow key decision making to be the responsibility of the most appropriate level of government, through the states and territories. Unfortunately, by December 2012 the former government changed their minds. Now Labor still stand opposed to an agreement that was first devised by them and that their state counterparts had all signed up to. It is a little confusing.

The coalition understands that for major resource projects concerning coal seam gas and large coalmining it is crucial to have measures in place that would not minimise standards or lessen environmental sustainability. However, the overwhelming duplication in question has not actually produced quantifiable environmental benefits or outcomes. Again, the streamlining, the creation of a one-stop shop and the removal of the unnecessary deadweight regulatory burden are completely sensible—in fact, it would be illogical not to do so. It is possible to produce and allow robust environment assessments of these actions, delivered through a single assessment and approval process that benefits everyone. Importantly, this is good news and a relief for Australia's international investment reputation.

I understand environmental concerns surrounding coal seam gas mining and coalmining development projects, but it is important to highlight that this can be done without the purported disastrous consequences to the environment, while still creating jobs and economic benefits. The coalition is committed to ensuring that the states have access to the necessary information before making important decisions in relation to these water trigger projects so that environmental standards are upheld against high standards. To ensure state and territory bodies can seek the correct advice before approving projects, the coalition will increase the role of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development to provide their expert opinion.

The coalition absolutely notes the legitimate concerns of electorates with coal seam gas mining and coalmining, but there should be common sense when we are enforcing regulation. Again, it will allow the states and territories to make appropriate decisions in their respective areas, where they are across the issues on the suitability of such projects. This reinforces the coalition's commitment to streamlined processes, smaller governments and the reduction of unnecessary bureaucracy, which businesses and the community simply do not need.

Simplifying and streamlining approvals is the way forward that will end the unnecessary red tape, which does nothing except waste time and taxpayer money. Jumping the same hurdles over and over is counterproductive. Giving businesses certainty as to the requirements and time frames of prospective proposals prior to undertaking this process will streamline this important process and contribute enormously to employment and economic prosperity.

This bill will recognise that states and territories have set up their processes in ways that work best for them in their respective state or territory. Furthermore, the new provision to provide ongoing certainty to the community about the operation of the agreement is important for businesses and governments alike. It is actually possible to have economic development alongside environmental protection. Members opposite will have you believe otherwise because they honestly seem to think that regulatory burden, red tape and excessive statutory control will lead to cleaner air, greener grass and bluer skies. It does not. It will not. What it will do is strangle businesses and resources and prevent benefits from flowing on to important constituents and stakeholders.

Labor will have you think that their key achievement in environmental reform was the political masterminding of the abhorrent carbon tax with the Australian Greens, which has become the world's most notoriously expensive program, with no results. The only genuine impact is that consumers pay through the roof in utility bills, businesses lose market share and foreign investment withers away as Australia has reduced investor opportunities and loss of economic potential.

The coalition has taken an important major step in reform through the reduction of governmental red tape and multiple regulatory obstacles facing businesses. We are allowing the states and territories to have the autonomy to approve projects with stringent criteria set to a national regulatory framework. This framework will be enforced and will ensure that the environment will not only be protected but even strengthened and that businesses can also have a fair go. We are safeguarding both the environment and Australia's economic prosperity.

The Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill will deliver better standards, faster processes and streamlined regulation, which are all part of the coalition's commitment to a wider environmental regulatory reform policy agenda and our key audit of existing environmental regulation.

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