Jenny McAllister (NSW, Australian Labor Party, Assistant Minister for Climate Change and Energy) Share this | Hansard source

In relation to sheet 2152, the government doesn't support the amendments. This is the issue around merits review that Senate Pocock just referred to. The government does agree that merits review is an important mechanism for ensuring robust and fair regulatory processes, and the sea-dumping act provides for merits review for most permit decisions. However, the proposed amendments could potentially allow for related decisions under part A of the EPBC Act to be indirectly subject to review when no such merit review currently exists, and that would be inconsistent with the current operation of and policy position on the way that merits review operates within the EPBC Act. As senators know, we've started consultations on those broader issues surrounding the EPBC Act, and we look forward to engaging with senators in this place on that matter.

The government also does not support the amendments on sheet 2150, and I have previously indicated the reasons for that. It is essentially because we need to ensure that there is alignment across various regulatory regimes governing these activities, and officials are working through the way that that would be organised and would support organising briefings for interested senators on this process.