Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

On 25 August, Senator Waters asked me a question about the Environment Protection and Biodiversity Conservation Act. I seek leave to incorporate the answer in Hansard.

Leave granted.

The answer read as follows

QUESTION FROM SENATOR WATERS ON 25 AUGUST 2011.

I took on notice some questions from Senator Waters in relation to the EPBC legislative reform package.

I would like to provide the Senate and Senator Waters with some further information.

Firstly, Senator Waters asked about the impacts on water systems from proposed developments.

The Federal Government continues to have an important role to play in assessing projects —including coal seam gas — which are likely to have a significant impact on Matters of National Environmental Significance, including species listed as threatened or endangered.

If there is not likely to be a significant impact on those Matters, the Federal Government does not have a role in the assessment process.

I refer the Senate to recent comments by Minister for Resources and Energy Martin Ferguson, who stated that regulation of coal seam gas mining on farmland was primarily a matter for state governments.

However, Minister Ferguson said the Federal Government is facilitating discussion at a state level on issues such as a uniform approach to the regulation of the industry.

This is an appropriate and practical way for the Federal Government to play a role in helping to improve regulation of the industry, while recognising this is primarily a matter for state governments.

Senator Waters also asked about the draft offsets policy released as part of reforms to national environmental law.

The Senator described this draft policy as a 'move to extend the use of offsets'.

I can inform the Senate that this draft policy is not about extending the use of offsets — rather, it is about increasing transparency.

As the draft policy states, it is intended to give the community, proponents and other jurisdictions more certainty and guidance on how offsets are determined and applied under the EPBC Act.

It is also designed to ensure the efficient, effective, transparent, proportionate, scientifically robust and reasonable use of offsets under the EPBC Act.

The public comment period will close on 21 October 2011 and the government will not determine its final policy position until after it has considered public feedback on the draft policy.

However, the government notes that the draft policy states that offsets are not intended to make proposals with unacceptable impacts acceptable and that offsets cannot be used to allow an action with unacceptable impacts to proceed.

Senator the Hon. Stephen Conroy,

Minister representing the Minister for Sustainability, Environment, Water, Population and Communities

12 September 2011