Sussan Ley (Farrer, Liberal Party, Minister for the Environment) Share this | Hansard source

I move:

That this bill be now read a second time.

The Environment Protection and Biodiversity Conservation Act is Australia's central piece of environmental law governing environmental approvals, threatened species conservation, the wildlife trade and world and national heritage protection. The Morrison government is committed to modernising Australia's environmental law so that it is fit to address future incremental and economic challenges. The EPBC Act is now 20 years old, and it has never been more important to ensure it provides the right protection for our environment while also supporting our economy and the livelihoods of everyday Australians. This bill is the first tranche of EPBC Act reforms linked to the independent statutory review of the act, which is only the second 10-yearly review since the act commenced in 1999.

The Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 demonstrates the government's commitment to lead in terms of jobs, investment growth and certainty and transparency when it comes to environmental assessments and approvals.

The bill streamlines environmental approvals under the EPBC Act 1999by removing duplication with state and territory processes. It does this by ensuring the legally robust devolution of environmental approvals to the states and territories. These reforms are the first step towards implementing the national cabinet decision of 24 July 2020 where all states and territories agreed in principle to adopt reforms to move towards a single-touch approach to environmental approvals.

Bilateral agreements will be underpinned by strong Commonwealth-led national environmental standards. The interaction between Commonwealth and state and territory environmental laws leads to duplication in approval processes. It adds unnecessary regulatory burden which delays job-creating projects and impedes economic activity and creates uncertainty around environmental protections.

The original design of the EPBC Act envisaged the use of approval bilateral agreements to foster greater cooperation in environmental approvals between the Commonwealth, states and territories. I have issued notices of intent under the EPBC Act and the government is currently working with all states and territories to enter into approval bilateral agreements to deliver a single-touch approval system. Once in effect, states and territories will be able to make approval decisions that account for both state matters and matters of national environmental significance at the Commonwealth level.

The reforms put forward today provide for the efficient and enduring operation of approval bilateral agreements.

The amendments set out in the bill will ensure there is no unnecessary duplication, by putting beyond doubt that an action that is covered by an approval bilateral agreement is not required to be referred under the EPBC Act.

Approval bilateral agreements will enable the Commonwealth to 'call-in' an action for approval in appropriate circumstances, including where adequate environmental protection is not being achieved. If this occurs, or if a bilateral agreement is suspended or cancelled, the amendments ensure that projects can be picked up from where they left off. This provides a clear pathway for approval processes and means projects do not have to be sent back to the starting line.

Other amendments in the bill provide greater flexibility in the type of state and territory environmental approval processes that can be accredited. This recognises states and territories have set up their systems to best reflect their individual circumstances.

In addition, the amendments will facilitate the continuous improvement of state and territory processes, ensuring that those processes can be updated to reflect the latest science and best practice approaches to environmental management.

Today we are taking a major step forward. This is the first tranche of EPBC reform, but there is more important work to be done. Professor Graeme Samuel is consulting on his interim report and will deliver his final recommendations to government in October on how we can improve the effectiveness of the act across the wide range of areas that it regulates.

The result for the community from this bill will be a more streamlined and clear process than what currently exists, providing greater certainty around environmental protections. People want to know we have clear safeguards for protecting the environment. Business wants to know the parameters in which it can responsibly operate and government needs to be reassured it is managing an efficient process of environmental checks and balances for future generations.

These reforms will unlock job-creating projects that will strengthen the economy and aid our COVID-19 economic recovery without compromising Australia's unique environment.

I commend the bill to the House.

Debate adjourned.

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