Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014


Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation)
Bill 2014

Portfolio: Environment
Introduced: House of Representatives, 14 May 2014

1.1        The Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014 (the bill) seeks to amend Part 5 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) which relates to bilateral agreements. The proposed amendments include:

  • allowing States and Territories to be accredited for approval decisions on large coal mining and coal seam gas developments that are likely to have a significant impact on a water resource;
  • ensuring that all States and Territories are able to be declared under the EPBC Act for the purposes of requesting advice from the Independent Expert Scientific Committee;
  • clarifying that proponents do not need to make referrals to the Commonwealth for actions that are covered by an approval bilateral agreement;
  • ensuring there is an efficient process to enable the Commonwealth to complete the approval process where an approval bilateral agreement is suspended or cancelled, or ceases to apply to a particular action;
  • ensuring that State or Territory processes that meet the appropriate EPBC Act standards can be accredited for bilateral agreements, recognising the different technical approaches taken by different States and Territories to give legal effect to those processes;
  • providing for an efficient process so that the relevant bilateral agreement continues to apply to an accredited State or Territory management arrangement or authorisation process, where there are minor amendments to that arrangement or process; and
  • a number of minor miscellaneous amendments.

1.2        The bill is accompanied by a statement of compatibility which concludes that the bill 'does not engage any of the applicable rights or freedoms.'[1]

1.3                  The committee considers that the bill does not appear to give rise to human rights concerns.

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