Environment Protection and Biodiversity Conservation Bill 1998 & Environmental Reform (Consequential Provisions) Bill 1998
Table of Contents

Chapter Four

Environmental Reform (Consequential Provisions) Bill 1998

Background

4.1 The Environmental Reform (Consequential Provisions) Bill 1998 was introduced on 10 December 1998. This Bill accompanies the Environment Protection and Biodiversity Conservation Bill 1998 (EPBC Bill) in that it provides the means for repealing the five Acts replaced by the EPBC Bill and also amends other Commonwealth legislation affected by the repeal of these Acts.

4.2 The Bill also provides savings and transitional arrangements to enable a smooth transition from the existing processes to the new schemes set out by the EPBC Bill. This Bill is to commence at the same time as the EPBC Bill.

Schedule 1 – Application of the Act

4.3 Schedule 1 sets out details of the application of the new Act. It will commence when the EPBC Bill commences.

4.4 The Bill provides that the Environment Protection (Impact of Proposals) Act 1974 (EPIP Act) and its Administrative Procedures apply for actions assessed before the commencement of the EPBC Bill, actions being assessed and actions covered by an agreement for assessment. Finalisation of the period for environmental assessment under the EPIP Act or Administrative Procedures is clarified as being when the final environmental impact statement is given to the responsible Department. Where actions are in the process of being assessed or are covered by an agreement for assessment, the assessment must be completed within two years of the EPBC Bill commencing or the new Act may apply. The Minister can issue a certificate to state that certain actions are to be assessed as EPIP actions.

4.5 If a Commonwealth action was exempted from assessment under the Administrative Procedures, then the action does not require approval under the new Act.

4.6 Schedule 1 also provides that the new Act will not apply in specific circumstances:

• Regional Forest Agreements (Part 3);
• Installation of some facilities under the Telecommunications Act 1997 (Part 3);
• Approval for actions in World Heritage areas not needed for actions already granted consent under sections 9 or 10 of the World Heritage Properties Conservation Act 1983;
• Acts authorised by a permit under the Endangered Species Protection Act 1992 and the Whale Protection Act 1980 that still remain in force at the commencement of the new Act do not need approval or permit under the new Act until they expire.

4.7 The Minister must make management plans for all relevant World Heritage properties and Ramsar wetlands on Commonwealth areas, regardless of whether they were added to their respective international lists before or after the commencement of the new Act.

4.8 The Bill clarifies that preservation of usage rights for land, sea or seabed that becomes part of a Commonwealth reserve, does not apply to usage rights held by the Director prior to the Act's commencement – these rights transfer to the Commonwealth.

Schedule 2 – Endangered Species Protection Act 1992

4.9 Schedule 2 repeals the Endangered Species Protection Act 1992 (ESPA Act). The Schedule also specifies savings and transitions from the old Act. A nomination not yet decided under the former Act will be considered as a nomination under the EPBC Bill. Advice that has been given by the Endangered Species Subcommittee is deemed to be advice given under the EPBC Bill.

4.10 The Bill provides that the continuation of recovery and threat abatement plans and draft recovery or threat abatement plans prepared before the new Act can continue as a basis for a plan. Conservation agreements already made under the ESPA Act continue as if made under the new Act. Conservation orders continue in force, including interim orders for the period specified. Reconsideration of an order or decision not to review an order can occur under the new Act only. Permits remain valid according to their terms until they expire. Surveys and inventories continue to have effect as if prepared under the EPBC Bill.

Schedule 3 – Environment Protection (Impact of Proposals) Act 1974

4.11 This schedule repeals the EPIP Act. The operation of the EPIP Act is continued in relation to the matters set out above under Schedule 1. The Schedule also sets out the consequential amendment of other Acts, including the Australian Heritage Commission Act 1975, Biological Control Act 1984, Environment Protection (Sea Dumping) Act 1981, Hazardous Waste (Regulation of Exports and Imports) Act 1989, Land Acquisition Act 1989, Resource Assessment Commission Act 1989, Sea Installations Act 1987, Telecommunications Act 1997 and the Wildlife Protection (Regulation of Exports and Imports) Act 1982.

4.12 A number of sections under the Australian Heritage Commission Act are repealed as they contain mechanisms inconsistent with the environmental assessment scheme being established under the new Act:

• section 25 – the ability of Minister to direct the Australian Heritage Commission (AHC) to enter or not enter a place in the Register of the National Estate;
• sections 28 and 29 – giving advice in relation to matters affecting the National Estate in the context of the EPIP assessment scheme;
• the need for directions under section 25 to be included in the annual report is removed; and
• section 44 – clarifies the position between section 11 of the EPIP Act and the National Estate.

Schedule 4 – National Parks and Wildlife Conservation Act 1975

4.13 Schedule 4 repeals the National Parks and Wildlife Conservation Act 1975. The Bill provides for the continuation of numerous items from the existing Act. Existing parks and reserves proclaimed under the Parks Act are deemed as Commonwealth reserves under the new Act. Plans of management for existing parks and reserves, made and in operation under the Parks Act, are deemed management plans under the new Act, with a 7 year maximum lifespan. Management plans being prepared under the Parks Act before the new Act commences come under transitional provisions to enable steps taken under the Parks Act to correspond with steps taken under the new Act, thereby avoiding duplication.

4.14 Management boards established under the Parks Act continue, with a modification for the Kakadu and Uluru-Kata Tjuta National Parks to include an additional Board member nominated by the Northern Territory government.

4.15 Town plans continue in force under this Bill. The assets and liabilities of the Director are transferred to the Commonwealth and the Director's interests are terminated, but this will not affect the on-ground joint management arrangement in Kakadu and Uluru-Kata Tjuta National Parks. The appointment of wardens, rangers and wildlife inspectors continues as if made under the EPBC Bill.

4.16 Regulations made under the Parks Act applied as by-laws for the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 are saved. Approved wildlife programs will continue as if they are wildlife conservation plans under the EPBC Act. They will, however, be overridden by relevant new plans under the new Act.

4.17 The Bill also amends the name of Jervis Bay National Park with the new name of Booderee National Park under the Aboriginal Land Grant (Jervis Bay Territory) Act. The Commonwealth becomes the appropriate body to enter into an agreement with the Wreck Bay Council for a lease back arrangement to be established when land is granted to the Council. Any agreement or lease in existence at the time of repeal does not need to be remade. By-laws continue to be in force.

Schedule 5 – Whale Protection Act 1980

4.18 Schedule 5 repeals the Whale Protection Act 1980. Permits issued under the Act that are still current continue to be valid until the date of expiry shown on the permit. Such permits may not be transferred. Inspectors appointed under the old Act continue to be inspectors under the new Act. The Schedule also makes consequential amendments of other Acts.

Schedule 6 – World Heritage Properties Conservation Act 1983

4.19 Schedule 6 repeals the World Heritage Properties Conservation Act 1983. The Act, its proclamations, regulations and consents made before the new Act commences, continue to apply to relevant properties and sites. New consents can be given under the World Heritage Act, while continuing proclamations and continuing consents may be varied or revoked. No new proclamations and regulations can be made once the new Act commences. Inspectors appointed under the World Heritage Act continue as inspectors for the purposes of the new Act. The Schedule also makes consequential amendments of other Acts.

Schedule 7 – Other Amendments

4.20 Schedule 7 outlines numerous amendments to other Commonwealth legislation, as required by the new Act.

Schedule 8 - Miscellaneous

4.21 Schedule 7 enables regulations to be made under this Bill and obliges the Commonwealth to pay reasonable compensation if the operation of the Bill results in an acquisition of property.