Andrew Wilkie (Clark, Independent) Share this | Hansard source

by leave—I move amendments (1) to (15), as circulated in my name, together:

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Clauses 4 and 5, page 2 (line 18) to page 5 (line 19), omit the clauses, substitute:

4 Simplified outline of this Act

This Act establishes EPA, short for Environment Protection Australia, and provides for the appointment of the CEO of EPA.

The CEO has functions conferred on the CEO by this Act and a number of other laws (including Commonwealth environmental laws) referred to in section 10A. The CEO also has functions of advising and assisting the Minister in relation to any of the Minister's functions and powers under those laws.

The Parliamentary Joint Committee on Environment and Energy is established to monitor the CEO's performance of the CEO's functions, and for related matters.

This Act also contains a regime for the use and disclosure of information obtained under any Act conferring functions on the CEO. There are civil penalties for the use or disclosure of protected information in certain circumstances.

5 Definitions

In this Act:

CEO: see section 10.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

Commonwealth environmental law means any of the following:

(a) an environmental law (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);

(b) the Water Act 2007;

(c) an Act or legislative instrument (other than an Act or instrument specified by the rules for the purposes for this paragraph) that has, as its purpose or one of its purposes, the purpose of protecting the environment;

(d) an Act specified by the rules for the purposes of this paragraph;

(e) a legislative instrument (other than a legislative instrument specified by the rules for the purposes of this paragraph) made under another Commonwealth environmental law.

Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

conservation zone has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

Deputy CEO: see section 11.

enforcement body: see subsection 28(2).

entrusted person means:

(a) the CEO; or

(b) a Deputy CEO; or

(c) a member of the staff of EPA; or

(d) a person engaged under section 23 of the Public Governance, Performance and Accountability Act 2013 by the CEO under a written agreement to assist in, or advise in relation to, the performance of the CEO's functions; or

(e) a person employed or engaged by a person mentioned in paragraph (d) of this definition to assist in, or advise in relation to, the performance of the CEO's functions; or

(f) any other person prescribed by the rules.

environment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

environmental justice means justice and accountability in environmental matters, focusing on the respect, protection and fulfilment of environmental rights, including:

(a) the right to a clean, healthy and sustainable environment; and

(b) the promotion of the environmental rule of law.

EPA: see subsection 9(1).

Indigenous person means a person who is:

(a) a member of the Aboriginal race of Australia; or

(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.

joint committee means the Parliamentary Joint Committee on Environment and Energy (see Part 5).

joint committee member means a member of the joint committee.

matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 has the same meaning as in that Act.

official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

OMCEA: see subsection 12(1).

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

protected information means information of any of the following kinds obtained by an entrusted person:

(a) information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;

(b) information the disclosure of which could reasonably be expected to prejudice the effective working of government;

(c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;

(d) information the disclosure of which could reasonably be expected to endanger a person's life or physical safety;

(e) information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment.

registrable decision: see section 19.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant information means information obtained by an entrusted person under, or in accordance with:

(a) this Act; or

(b) an Act that confers functions on the CEO; or

(c) the Regulatory Powers Act to the extent that it applies in relation to an Act mentioned in paragraph (a) or (b).

rules means rules made under section 62.

senior Deputy CEO: see subsection 10D(2).

staff of EPA means the staff referred to in section 13.

State or Territory government body means:

(a) a Department of State of a State or Territory; or

(b) an agency of a State or Territory; or

(c) an authority of a State or Territory.

(3) Part 2, clauses 8 to 14, page 6 (line 1) to page 9 (line 13), omit the Part, substitute:

Part 2 — Environment Protection Australia

Division 1 — Introduction

8 Simplified outline of this Part

This Part establishes the office of the CEO of EPA. It also establishes EPA for the purposes of assisting the CEO in the performance of the CEO's functions. The CEO is the accountable authority of EPA.

Division 2 — Environment Protection Australia

Subdivision A — Establishment

9 Environment Protection Authority

(1) Environment Protection Australia (EPA) is established by this section.

(2) EPA consists of the following:

(a) the CEO;

(b) the Deputy CEOs;

(c) the staff of EPA;

(d) consultants engaged under section 13A.

(2) The function of EPA is to assist the CEO in the performance of the CEO's functions.

(3) The CEO has the control of the operations of EPA.

(4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

(a) EPA is a listed entity; and

(b) the CEO is the accountable authority of EPA; and

(c) the following persons are officials of EPA:

(i) the CEO;

(ii) the Deputy CEOs;

(iii) the staff of EPA;

(iv) consultants engaged under section 13A;

(d) the purposes of EPA include:

(i) the function of EPA referred to in subsection (2) of this section; and

(ii) the functions of the CEO referred to in section 10A; and

(iii) the functions of the OMCEA referred to in section 12.

Subdivision B — Chief Executive Officer

10 Chief Executive Officer

There is to be a Chief Executive Officer (CEO) of EPA.

10A Functions and powers of the CEO

(1) The CEO has the following functions:

(a) the functions conferred on the CEO by this Act or by or under other laws of the Commonwealth;

Note: Other provisions of this Act give the CEO functions involving exercising the routine administrative environmental regulatory functions of the Commonwealth, monitoring compliance with this Act and enforcing this Act.

(b) the following functions relating to communities:

(i) educating communities about the administration of Commonwealth environmental laws;

(ii) to the extent that Commonwealth environmental laws allow for community involvement in the administration of those laws—promoting the take-up of those opportunities;

(iii) increasing public confidence in the administration of Commonwealth environmental laws;

(c) to advise and assist the Minister in relation to the exercise of any powers, or the performance of any functions, of the Minister under laws that confer functions on the CEO;

(d) to make recommendations to the Minister in relation to opportunities to improve regulation under laws that confer functions on the CEO;

(e) any functions conferred on the CEO by rules made for the purposes of this paragraph;

(f) to do anything incidental or conducive to the performance of the above functions.

(2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO's functions.

Note: The CEO may delegate these functions and powers (see section 58).

(3) In performing the CEO's functions, the CEO must act effectively, efficiently, equitably and transparently.

CEO solely responsible for performing the CEO's functions

(4) The Minister must not give directions to the CEO about the performance of the CEO's functions.

(5) If the Minister gives a direction (whether express or implied) to the CEO contrary to subsection (4), the CEO must disregard the direction.

10B Duties of the CEO

In performing the CEO's functions, the CEO has the following duties:

(a) a duty to protect and improve the state of the environment and human health from the harmful effects of pollution, destruction and waste through assessment, enforcement, monitoring, reporting and standard setting;

(b) a duty to promote environmental justice;

(c) a duty to act consistently with the human right to a healthy environment for all;

(d) a duty to implement legislation in accordance with principles of ecologically sustainable development;

(e) a duty to take action to prevent and mitigate greenhouse gas pollution and take all actions necessary to reduce the impacts of climate change.

10C Appointment

(1) The CEO is to be appointed by the Governor-General by written instrument.

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) The CEO holds office for the period specified in the instrument of appointment. The period must be 5 years.

(3) The Governor-General must not appoint a person as the CEO unless:

(a) the Minister is satisfied that the person qualifies for the appointment because of the person's knowledge of, or experience in, any of the following:

(i) conservation of biodiversity;

(ii) ecologically sustainable development;

(iii) heritage;

(iv) Indigenous affairs;

(v) law;

(vi) law enforcement;

(vii) natural resource management; and

(b) the Minister has referred the proposed appointment to the joint committee for approval; and

(c) the joint committee has approved the proposed appointment.

(4) The first person appointed as CEO must have knowledge of, or experience in, law enforcement.

(5) The CEO, or at least one of the Deputy CEOs, must be an Indigenous person. This subsection has effect despite Part II of the Racial Discrimination Act 1975.

(6) A person is not eligible to be appointed as CEO if, at any time during the 5 years before the start of the appointment, the person was any of the following:

(a) a member of the Parliament of the Commonwealth, of a State Parliament or of a Legislative Assembly of a Territory;

(b) a person registered under the Commonwealth Electoral Act 1918 as political campaigner;

(c) a person registered as a lobbyist (however described) under a law of a State or Territory or a foreign country;

(d) a senior executive of:

(i) an industry association (however described) in Australia or a foreign country; or

(ii) an environmental organisation covered by section 30-55 of the Income Tax Assessment Act 1997, or a similar environmental organisation in a foreign country; or

(iii) a body corporate regulated by or under an Act referred to in section 10A of this Act.

Note: Under section 29 of the Public Governance, Performance and Accountability Act 2013, and the rules made under that Act, the CEO must, in writing, disclose material personal interests that relate to the affairs of EPA to the Minister.

10D Acting CEO

(1) The senior Deputy CEO acts as the CEO:

(a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when the CEO:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

(2) The senior Deputy CEO is the Deputy CEO who, out of the Deputy CEOs who are:

(a) not absent from duty or from Australia; and

(b) able to perform the duties of their offices;

was appointed first.

10E Other paid work

The CEO must not engage in paid work outside the duties of the CEO's office without the Minister's approval.

10F Remuneration

(1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.

(2) The CEO is to be paid the allowances that are prescribed by the rules.

(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of CEO.

Note: The effect of this subsection is that remuneration or allowances of the CEO will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973.

(4) This section has effect subject to the Remuneration Tribunal Act 1973 (except as provided by subsection (3)).

10G Leave of absence

(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

10H Resignation

(1) The CEO may resign the CEO's appointment by giving the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

10J Termination of appointment

(1) The Governor-General may terminate the appointment of the CEO:

(a) for misbehaviour; or

(b) if the CEO is unable to perform the duties of the CEO's office because of physical or mental incapacity.

(2) The Governor-General may terminate the appointment of the CEO if:

(a) the CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with the CEO's creditors; or

(iv) makes an assignment of the CEO's remuneration for the benefit of the CEO's creditors; or

(b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c) the CEO engages, except with the Minister's approval, in paid work outside the duties of the CEO's office (see section 10E).

Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

10K Disclosure of interests to the Minister

The CEO must give written notice to the Minister of all interests, pecuniary or otherwise, that the CEO has or acquires and that conflict or could conflict with the proper performance of the CEO's functions.

10L Terms and conditions of appointment

The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

Subdivision C — Deputy Chief Executive Officers

11 Deputy Chief Executive Officers

(1) There are to be 4 Deputy Chief Executive Officers (Deputy CEOs) of EPA.

(2) A Deputy CEO is to be appointed by the Governor-General by written instrument.

Note: A Deputy CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(3) A Deputy CEO holds office for the period specified in the instrument of appointment. The period must be 5 years.

(4) The Governor-General must not appoint a person as a Deputy CEO unless:

(a) the Minister is satisfied that the person qualifies for the appointment because of the person's knowledge of, or experience in, any of the following:

(i) conservation of biodiversity;

(ii) ecologically sustainable development;

(iii) heritage;

(iv) Indigenous affairs;

(v) law;

(vi) law enforcement;

(vii) natural resource management; and

(b) the Minister has referred the proposed appointment to the joint committee for approval; and

(c) the joint committee has approved the proposed appointment.

(5) At least one of the first 4 Deputy CEOs must have knowledge of, or experience in, law enforcement.

Note: Under subsection 10C(5), the CEO, or at least one of the Deputy CEOs, must be an Indigenous person.

(6) A person is not eligible to be appointed as a Deputy CEO if, at any time during the 5 years before the start of the appointment, the person was any of the following:

(a) a member of the Parliament of the Commonwealth, of a State Parliament or of a Legislative Assembly of a Territory;

(b) a person registered under the Commonwealth Electoral Act 1918 as political campaigner;

(c) a person registered as a lobbyist (however described) under a law of a State or Territory or a foreign country;

(d) a senior executive of:

(i) an industry association (however described) in Australia or a foreign country; or

(ii) an environmental organisation covered by section 30-55 of the Income Tax Assessment Act 1997, or a similar environmental organisation in a foreign country; or

(iii) a body corporate regulated by or under an Act referred to in section 10A of this Act.

11A Acting appointments

The CEO may, by written instrument, appoint an SES employee or acting SES employee in EPA to act as a Deputy CEO:

(a) during a vacancy in the office of a Deputy CEO (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when a Deputy CEO:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

11B Other paid work

A Deputy CEOmust not engage in paid work outside the duties of the Deputy CEO's office without the Minister's approval.

11C Remuneration

(1) A Deputy CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.

(2) A Deputy CEO is to be paid the allowances that are prescribed by the rules.

(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of Deputy CEO.

Note: The effect of this subsection is that remuneration or allowances of a Deputy CEO will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973.

(4) This section has effect subject to the Remuneration Tribunal Act 1973 (except as provided by subsection (3)).

11D Leave of absence

(1) A Deputy CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2) The Minister may grant a Deputy CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

11E Resignation

(1) A Deputy CEO may resign the Deputy CEO's appointment by giving the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

11F Termination of appointment

(1) The Governor-General may terminate the appointment of a Deputy CEO:

(a) for misbehaviour; or

(b) if the Deputy CEO is unable to perform the duties of the Deputy CEO's office because of physical or mental incapacity.

(2) The Governor-General may terminate the appointment of a Deputy CEO if:

(a) the Deputy CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with the Deputy CEO's creditors; or

(iv) makes an assignment of the Deputy CEO's remuneration for the benefit of the Deputy CEO's creditors; or

(b) the Deputy CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c) the Deputy CEO engages, except with the Minister's approval, in paid work outside the duties of the Deputy CEO's office (see section 11B);

(d) the Deputy CEO fails, without reasonable excuse, to comply with section 11G.

11G Disclosure of interests to the Minister

A Deputy CEO must give written notice to the Minister of all interests, pecuniary or otherwise, that the Deputy CEO has or acquires and that conflict or could conflict with the proper performance of the Deputy CEO's functions.

11H Terms and conditions of appointment

A Deputy CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

11J Delegation by Deputy CEO

(1) If a Deputy CEO is delegated any of the CEO's functions or powers under section 58, the Deputy CEO may, in writing, sub-delegate that function or power to an SES employee, or acting SES employee, in EPA.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(2) In performing a sub-delegated function or exercising a sub-delegated power, the sub-delegate must comply with any written directions of the Deputy CEO.

Subdivision D — Monitoring, compliance, enforcement and assurance

12 Office of Monitoring, Compliance, Enforcement and Assurance

(1) There is to be within EPA an Office of Monitoring, Compliance, Enforcement and Assurance (OMCEA) of EPA.

(2) The OMCEA must include a Deputy CEO.

(3) The OMCEA has the function of assisting the CEO in performing the CEO's functions, to the extent those functions relate to monitoring compliance with, and enforcing, Commonwealth environmental laws.

12A CEO must consult Auditor General

(1) The CEO must consult the Auditor-General in establishing EPA's monitoring, compliance, enforcement and assurance systems.

(2) The Auditor-General must conduct performance audits of EPA's monitoring, compliance, enforcement and assurance systems:

(a) 3 years after the commencement of this section; and

(b) at such times occurring:

(i) after the first audit; and

(ii) before 1 January 2036;

as the Auditor-General considers appropriate, such that no more than 5 years occurs between audits.

12B Monitoring plans

Before the CEO, under a Commonwealth environmental law:

(a) grants an approval, permit, licence or other permission (however described) subject to conditions; or

(b) imposes new conditions on such an approval etc.;

the CEO must develop a plan to monitor compliance with the conditions.

Subdivision E — Staff and consultants

13 Staff

(1) The staff of EPA must be persons engaged under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

(b) the CEO is the Head of that Statutory Agency.

13A Consultants

The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the CEO's functions.

Subdivision F — Miscellaneous

14 Fees

(1) The CEO may charge a fee for the performance of any of the CEO's or EPA's functions.

(2) Subsection (1) does not apply to performing a function:

(a) on the CEO's own initiative; or

(b) if a Commonwealth law other than this Division deals with the charging of fees for the performance of that function.

14A Annual report

The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include details about the action the CEO took during the year to establish and maintain EPA's monitoring, compliance, enforcement and assurance systems, including the following:

(a) any advice the Auditor-General gave to the CEO under subsection 12A(1) during the year;

(b) any action the CEO has taken during the year in response to advice given by the Auditor-General under subsection 12A(1);

(c) if the Auditor-General conducted an audit under subsection 12A(2) during the year—a copy of the Auditor-General's report of the audit.

14B Vacancies to be filled as soon as practicable

If a vacancy occurs in the office of CEO or in an office of Deputy CEO, the Minister and the joint committee must take all reasonable steps to ensure that the vacancy is filled as soon as practicable.

(4) Heading to Part 3, page 10 (line 1), omit the heading, substitute:

Part 3 — Registers

(5) Clause 15, page 10 (lines 4 to 6), omit:

The Minister may give the CEO a statement of the Minister's expectations for the CEO and EPA. The CEO must respond to any such statement of expectations with a statement of intent.

(6) Clause 15, page 10 (line 10), omit "law mentioned in section 13", substitute "law referred to in subsection 10A(1)".

(7) Division 2, clauses 16 and 17, page 11 (line 1) to page 12 (line 1), omit the Division.

(8) Heading to Division 3, page 13 (line 1), omit "Division 3", substitute "Division 2".

(9) Clause 18, page 13 (line 6), omit "law mentioned in section 13", substitute "law referred to in subsection 10A(1)".

(10) Part 5, clauses 43 to 56, page 22 (line 1) to page 29 (line 17), omit the Part, substitute:

Part 5 — Parliamentary Joint committee on Environment and Energy

Division 1 — Introduction

43 Simplified outline of this Part

The Parliamentary Joint Committee on Environment and Energy is established to monitor the CEO's performance of the CEO's functions, and for related matters.

Division 2 — Parliamentary Joint committee on Environment and Energy

44 Parliamentary Joint Committee on Environment and Energy

(1) A Committee to be known as the Parliamentary Joint Committee on Environment and Energy is to be established as soon as practicable after the commencement of each Parliament.

(2) The joint committee is to consist of 12 members:

(a) 6 of whom must be members of the Senate appointed by the Senate, and 6 of whom must be members of the House of Representatives appointed by that House; and

(b) 5 of whom must be members of the Government; and

(c) 5 of whom must be members of the Opposition; and

(d) 2 of whom must be members of the Parliament other than members of the Government or Opposition.

(3) The co-Chairs of the joint committee are to be:

(a) the joint committee member nominated as co-Chair by the Prime Minister; and

(b) the joint committee member nominated as co-Chair by the leader of the Opposition.

(4) A member of the Parliament is not eligible for appointment as a joint committee member if the member is:

(a) a Minister; or

(b) the President of the Senate; or

(c) the Speaker of the House of Representatives; or

(d) the Deputy President and Chair of Committees of the Senate or the Deputy Speaker of the House of Representatives.

(5) A joint committee member ceases to hold office:

(a) when the House of Representatives expires by the passing of time or is dissolved; or

(b) if the joint committee member becomes the holder of an office specified in any of the paragraphs of subsection (4); or

(c) if the joint committee member ceases to be a member of the House of the Parliament by which the joint committee member was appointed; or

(d) if the joint committee member resigns the member's office as provided by subsection (6) or (7).

(6) A joint committee member appointed by the Senate may resign the member's office by giving a signed notice to that effect to the President of the Senate.

(7) A joint committee member appointed by the House of Representatives may resign the member's office by giving a signed notice to that effect to the Speaker of that House.

(8) Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the joint committee appointed by that House.

45 Powers and proceedings of the joint committee

All matters relating to the powers and proceedings of the joint committee are to be determined by resolution of both Houses of the Parliament.

46 Functions of the joint committee

(1) The functions of the joint committee are as follows:

(a) to monitor the CEO's performance of the CEO's functions and duties;

(b) to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter connected with the performance of the CEO's functions and duties that the joint committee considers should be directed to the attention of the Parliament;

(c) to examine each annual report prepared by the CEO under the Public Governance, Performance and Accountability Act 2013 and report to both Houses of the Parliament on any matter appearing in, or arising out of, any such annual report;

(d) to inquire into any question in connection with the joint committee's functions that is referred to it by either House of the Parliament, and to report to that House on that question;

(e) to consider proposed appointments to the office of CEO (see subsection 10C(3)) or Deputy CEO (see subsection 11(4));

(f) to make recommendations to both Houses of the Parliament, the Minister and the CEO on:

(i) draft estimates referred to in section 47; and

(ii) what proportion of EPA's budget should be spent on monitoring, compliance, enforcement and assurance;

(g) to conduct reviews and make recommendations under section 48;

(h) to do anything incidental or conducive to the performance of the above functions.

(2) Subsection (1) does not authorise the joint committee to reconsider the CEO's decisions or recommendations in relation to a particular decision under a Commonwealth environmental law.

47 Estimates

(1) Without limiting section 46, the joint committee may request the CEO to submit to the joint committee draft estimates for EPA for a financial year before the Federal Budget for that financial year.

(2) The CEO must comply with the request in time to allow the joint committee to consider the draft estimates and make recommendations on them before the Budget.

48 Review of Commonwealth environmental laws

The joint committee must:

(a) regularly review Commonwealth environmental laws; and

(b) if the joint committee reasonably believes that the purposes of those laws would be better achieved if any functions under those laws were transferred to the CEO—recommend to both Houses of the Parliament and the Minister that the functions be transferred to the CEO.

(11) Clause 58, page 30 (lines 7 and 8), omit "laws mentioned in section 13", substitute "laws referred to in subsection 10A(1)".

(12) Clause 58, page 30 (before line 9), before paragraph (1)(a), insert:

(aa) a Deputy CEO; or

(13) Clause 58, page 30 (line 9), omit "referred to in section 52", substitute "of EPA".

(14) Clause 58, page 30 (lines 10 and 11), omit paragraph (1)(b).

(15) Clause 60, page 32 (lines 4 to 6), omit paragraph (2)(b).

Let me start by saying that standing up a federal environment protection agency is a good thing. In fact, in 2021 I introduced legislation in the parliament to do just that. A well-designed and resourced independent and accountable EPA that can give expert advice and act as a tough cop on the beat could be a game changer to ensure accountability and compliance with our national environmental laws, to re-establish community trust and, most importantly, to protect our natural environment. But, sadly, that is not what this bill gives us. Instead of establishing an independent EPA, this bill establishes the shell of an agency initially located within the Department of Climate Change, Energy, the Environment and Water itself. How is that independent? How can the community have confidence in an EPA when it is being administered by departments and, by extension, governments who, on both sides, have a terrible track record of protecting our environment?

Moreover, while a statement of expectations will be provided by the minister, the government's EPA has no legislated guiding principles, duties or objectives to ensure it will be focused on protecting the environment. The CEO would be appointed by the minister with no real oversight, and the minister will retain the power to call in any decision they choose, taking it out of the CEO's hands for any reason. In these circumstances there's clearly no guarantee the EPA will be the frank and fearless regulator this country so desperately needs.

Instead of establishing a transparent, accountable EPA with an independent board, or at least a parliamentary committee providing oversight and advice to the organisation, the bill provides for a sneaky, secretive advisory committee, appointed by the CEO, whose members were chosen for reasons we may never know and which will provide advice—the content of which we may never know and the effect of which on decisions we may never know. It's clear Australians are sick of this stuff. Indeed the outcome of the last election, which saw a record number of Australians deserting the major parties in favour of independents and smaller parties, proves as much. Clearly the community is crying out for transparency and accountability, including in environmental law, and this government is failing to deliver.

All of this is why I'm introducing these comprehensive amendments based on my 2021 bill, which would establish a truly independent, strong and transparent EPA—an agency that depoliticises, streamlines and strengthens environmental regulation. Importantly, it will be structurally independent from the Department of Climate Change, Energy, the Environment and Water—a fact which will bolster community confidence in the processes that are supposed to protect and conserve our natural environment. These amendments will also ensure the EPA can effectively and transparently exercise the administrative functions currently held by the Commonwealth concerning the EPBC Act. This includes issuing approvals, granting permits, auditing environmental impact assessments and monitoring post-approval impacts. This will ensure the EPA has the power to undertake both systemic and individual investigations into applications, environmental impact statements or any other documents received in support of an application. Moreover, the EPA will have the power to terminate an approval or issue a stop-work order in circumstances where serious and environmental harm has been caused or is imminent.

Importantly, my changes ensure the EPA will be headed by an appropriately qualified CEO who is independently appointed for a fixed term and supported and overseen by a newly established joint committee on the environment and energy. To avoid even a perception of bias, senior staff will be prevented from having any potential conflicts of interest, including employment as a politician or a lobbyist in the five years preceding appointment to the EPA. Surely, at a time when we're seeing the imminent collapse of precious ecosystems, when Australia is a hotspot for extinction and deforestation and when we're already facing unprecedented threats from climate change, a strong independent regulator is more important than ever.

To close, I note that we mustn't forget that we also need a renewed sense of urgency from the government in the important task reforming the EPBC Act so that the EPA has better environmental laws to enforce. The decision to split the long-overdue environmental reforms was deeply disappointing and leaves many Australians with a sense that the government may be fiddling while our earth burns. I urge my colleagues to support these amendments and back a strong, transparent and independent EPA.

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