Senate debates

Wednesday, 18 October 2017

Committees

Select Committee on Red Tape; Report

6:33 pm

Photo of David LeyonhjelmDavid Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

That would be much appreciated. The IPA estimated that this 'anti-development activism' has caused delay and disruption valued at more than $1.2 billion over the past 17 years. Some projects never go ahead due to heightened risk of legal challenges and consequent higher capital costs.

The committee found that section 487 of the EPBC Act is clearly being misused. Given that other legislative and judicial processes already provide an avenue for legitimate appeal at the state/territory level, the committee recommends the government repeal this.

The committee also heard a range of concerns relating to the adverse effect of native title regulations on project developments, the manipulation of land councils by environmental activists, and the causal effect of this on the impoverishment of Aboriginal people.

Accordingly, as a means to materially assist both Aboriginal development and economic development more broadly, the committee recommends the government amend the Aboriginal Land Rights (Northern Territory) Act to remove the ability of land councils to arbitrarily veto applications for exploration and/or mining licences.

The committee also urges that Commonwealth, state and territory governments develop guidelines to assist with the clear identification of the costs and benefits of proposed projects to landowners and other stakeholders. That includes shared economic benefits such as royalties.

The committee identified that Queensland landholders received $238 million compensation as at 30 June 2015 for land access by the onshore gas industry. This clearly demonstrates the industry's ability to compromise with landholders, something which, according to the letter of the law, they do not have to do.

In particular, the committee urges that state and territory governments consider whether landowner royalties might facilitate environmental assessment and approval of projects.

The red tape committee found overregulation at the early stage of securing land tenure. Leasehold title in particular was identified as being a key problem for project proponents, with even more complicated regulatory pathways than freehold title.

In an effort to respond to these concerns, the committee recommended that state and territory governments review land access policy and identify opportunities to facilitate the conversion of leasehold title to freehold title. The committee also recommended that regulatory oversight of activities on leasehold land be removed, to put it on the same basis as freehold.

Throughout the inquiry, the committee heard again and again that environmental red tape is excessive and that, thanks to this, project approval processes are complex, convoluted and confusing.

The committee heard that the Roy Hill iron ore mine in the Pilbara required more than 4,000 licences, approvals and permits for its preconstruction phase. And the Adani Carmichael coalmine in Central Queensland spent seven years in the approvals process, fighting more than 10 legal challenges and having to prepare a 22,000-page environmental impact statement.

The Commonwealth government has previously pledged to make legislative amendments to clarify, simplify and streamline environmental regulation, but, like so many solemn commitments of our current government, this too has proved a fizzer.

No wonder Australia is ranked poorly by the World Bank in terms of the ease of doing business!

Environmental red tape is not a virtue, just because it has the word 'environment' in its name!

Like its venereal legacy of the great pox— (Time expired)

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