Footnotes

Chapter 1 - Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012

[1]        Senate Selection of Bills Committee, Report No. 16, 29 November 2012, Appendix 8.

[2]        EPBC Act, Part 3.

[3]        Acts consolidated in the EPBC Act include: the National Parks and Wildlife Conservation Act 1975; Whale Protection Act 1980 and the World Heritage (Properties Conservation) Act 1983.

[4]        EPBC Act, subsection 3(1).

[5]        Department of Sustainability, Environment, Water, Population and Communities, EPBC Act—Environment assessment process, http://www.environment.gov.au/epbc/publications/pubs/assessment-process.pdf (accessed 14 January 2013).

[6]        Department of Sustainability, Environment, Water, Population and Communities, EPBC Act—Environment assessment process, http://www.environment.gov.au/epbc/publications/pubs/assessment-process.pdf (accessed 14 January 2013).

[7]        See EPBC Act, s. 130; and Department of Sustainability, Environment, Water, Population and Communities, Answers to Questions on Notice, received 8 March 2013, pp 5–6.

[8]        EPBC Act, s. 47.

[9]        EPBC Act, ss. 29 and 46. See also Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 83, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 14 December 2013).

[10]      Department of Sustainability, Environment, Water, Population and Communities, Submission 114, p. 3; see also Department of Sustainability, Environment, Water, Population and Communities, Answers to Questions on Notice, received 8 March 2013, p. 2.

[11]      See further Department of Sustainability, Environment, Water, Population and Communities, Bilateral Agreements, http://www.environment.gov.au/epbc/assessments/bilateral/index.html (accessed 24 January 2013).

[12]      Department of Sustainability, Environment, Water, Population and Communities, Submission 114, p. 3.

[13]      Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 15 February 2013, p. 55.

[14]      Department of Sustainability, Environment, Water, Population and Communities, Submission 114, p. 3.

[15]      Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 15 February 2013, p. 51.

[16]      Department of Sustainability, Environment, Water, Population and Communities, Submission 114, p. 3.

[17]      Professor Lee Godden, Proof Committee Hansard, 8 February 2013, p. 8.

[18]      Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 15 February 2013, p. 50.

[19]      Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 27 November 2012).

[20]      Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 28, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 14 December 2013).

[21]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 10.

[22]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 11.

[23]      Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 29, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 14 December 2013).

[24]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, pp 15–20.

[25]      Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 336, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 4 March 2013).

[26]      Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 235, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 4 March 2013).

[27]      Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 330, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 4 March 2013).

[28]      Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 333, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 4 March 2013).

[29]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 114.

[30]      http://www.environment.gov.au/minister/burke/2011/mr20110824.html (accessed 21 November 2012).

[31]      COAG Communique, 7 December 2012, p. 4, http://www.coag.gov.au/node/475 (accessed 4 March 2013).

[32]      http://www.environment.gov.au/epbc/publications/coag-agreement/index.html (accessed 24 January 2013).

[33]      Department of Sustainability, Environment, Water, Population and Communities, http://www.environment.gov.au/epbc/publications/accreditation-standards-framework.html (accessed 11 December 2012).

[34]      Business Council of Australia, Discussion Paper for the COAG Business Advisory Forum, 10 April 2012, p. 5.

[35]      Business Council of Australia, Discussion Paper for the COAG Business Advisory Forum, 10 April 2012, p. 5.

[36]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 11.

[37]      Prime Minister of Australia, The Hon Julia Gillard MP, Press Release, Council of Australian Governments Business Advisory Forum Communiqué, 12 April 2012, http://www.pm.gov.au/press-office/council-australian-governments-business-advisory-forum-communiqu%C3%A9 (accessed 23 January 2013).

[38]      Department of Sustainability, Environment, Water, Population and Communities, Draft Statement of Environmental and Assurance Outcomes, p. 1 http://www.environment.gov.au/epbc/publications/pubs/environmental-assurance-outcomes.pdf (accessed 11 December 2012).

[39]      Department of Sustainability, Environment, Water, Population and Communities, Draft Statement of Environmental and Assurance Outcomes, p. 1 http://www.environment.gov.au/epbc/publications/pubs/environmental-assurance-outcomes.pdf (accessed 11 December 2012).

[40]      Department of Sustainability, Environment, Water, Population and Communities, http://www.environment.gov.au/epbc/publications/accreditation-standards-framework.html (accessed 5 February 2013).

[41]      Places You Love, http://placesyoulove.org/take-action/ (accessed 23 January 2013).

[42]      COAG Communique, 7 December 2012, p. 4, http://www.coag.gov.au/node/475 (accessed 10 December 2012).

[43]       COAG Communique, 7 December 2012, p. 4, http://www.coag.gov.au/node/475 (accessed 10 December 2012).

[44]      COAG Communique, 7 December 2012, p. 4, http://www.coag.gov.au/node/475 (accessed 10 December 2012); See also: Department of Sustainability, Environment, Water, Population and Communities, Submission 114, p. 5.

[45]      Reported by various media outlets, see for example: Babs McHugh, 'Industry says backflip on environmental approvals may be just a bump in the road', ABC Rural News, http://www.abc.net.au/rural/news/content/201212/s3649908.htm (accessed 5 February 2013).

[46]      Department of Sustainability, Environment, Water, Population and Communities, Submission 114, p. 5.

[47]      Under section 29 of the EPBC Act, in circumstances where an action that would ordinarily require approval is taken in a state or territory, and the action is covered by a bilateral agreement, and there is a bilaterally accredited authorisation process or management arrangement in place, then the action is declared by agreement not to need approval.

[48]      Proposed item 23.

[49]      Explanatory Memorandum, p. 2.

[50]      Part 9 of the EPBC Act deals with approval of action.

[51]      Explanatory Memorandum, p. 2.

Chapter 2 - Issues arising in relation to the bill

[1]        Hon Dr Sharman Stone MP, House of Representatives Hansard, 29 June 1999, p. 7772.

[2]        Senator the Hon Robert Hill, Opening Address, 'A New Green Agenda' Conference, 14 October 1999.

[3]        Proof Committee Hansard, 15 February 2013, p. 27.

[4]        These divergent views were discussed in the Hawke report which found that state and territory governments and industry groups were generally supportive of an expanded role for bilateral agreements; however environment groups and non-government organisations were not. Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 86, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 14 December 2013).

[5]        Business Council of Australia, Submission 91, p. 1.

[6]        Business Council of Australia, Submission 91, p. 1.

[7]        Business Council of Australia, Submission 91, p. 2.

[8]        Business Council of Australia, Submission 91, p. 2.

[9]        Business Council of Australia, Submission 91, p. 2.

[10]      Business Council of Australia, Answers to question on notice, received 15 February 2013, p. 3.

[11]      VicForests, Submission 42, p. 1.

[12]      Business Council of Australia, Answers to question on notice, received 15 February 2013, p. 3.

[13]      Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. 145.

[14]      PGV Environmental, Submission 115, p. 1.

[15]      Victorian Association of Forest Industries, Submission 56, p. 2.

[16]      Australian Coal Association, Submission 104, p. 1.

[17]      Pyrenees Shire Council, Submission 83, p. 1.

[18]      Victorian Farmers Federation, Submission 130, p. 1.

[19]      EPBC Act, s. 50.

[20]      EPBC Act, s. 49A(a)(ii).

[21]      EPBC Act, s. 46(5).

[22]      EPBC Act, ss. 57–62; Business Council of Australia, Submission 91, p. 3.

[23]      Minerals Council of Australia, Submission 102, p. 1.

[24]      Australian Chamber of Commerce and Industry, Submission 116, p. 1.

[25]      Business Council of Australia, Answers to question on notice, received 15 February 2013, pp 2–3.

[26]      The Hon Campbell Newman MP, Premier of Queensland, Submission 134, p. 1. See also Australian Chamber of Commerce and Industry, Submission 116, p. 2.

[27]      Australian Association of Forest Products, Submission 146, p. 2.

[28]      Mr Grant Johnson, Australian Forest Products Association, Proof Committee Hansard, 8 February 2013, p. 2.

[29]      Latrobe City Council, Submission 59, p. 2; see also Friends of Grasslands, Submission 41, pp 1–2.

[30]      Economists at Large, Submission 95, p. 1.

[31]      Dr Chris McGrath, Proof Committee Hansard, 8 February 2013, p. 33.

[32]      See for example, NSW Government of Planning and Infrastructure, 'About Us' available at http://www.planning.nsw.gov.au/SettingtheDirection/OurprioritiesinNSW/tabid/93/language/en-AU/Default.aspx (accessed 4 March 2013); see also Department of Sustainability, Environment, Water, Population and Communities, Answers to questions on notice, received 8 March 2013, p. 2.

[33]      Mr Graham Tupper, Australian Conservation Foundation, Proof Committee Hansard, 15 February 2013, p. 17.

[34]      Professor John Quiggin, Submission 146, p. 2.

[35]      Professor John Quiggin, Submission 146, p. 2.

[36]      Conservation Council of South Australia, Submission 107, p. 2.

[37]      Michael McKenna, 'State against State: Campbell Newman's Competitive Federalism', The Australian, 12 April 2012, available at http://www.theaustralian.com.au/national-affairs/state-politics/state-against-state-campbell-newmans-federalism/story-e6frgczx-1226324307482 (accessed 5 March 2013).

[38]      Latrobe City Council, Submission 59, p. 2.

[39]      National Parks Australia Council, Submission 140, p. 2.

[40]      Wentworth Group of Concerned Scientists, Submission 93, p. 1.

[41]      This timeline for the Commonwealth process was confirmed by the Department of Sustainability, Environment, Water, Population and Communities, although it noted that their records indicated that Commonwealth approval was given on 14 March 2011: Department of Sustainability, Environment, Water, Population and Communities, Answers to questions on notice, received 8 March 2013, p. 6.

[42]      Dr Chris McGrath, Submission 141, p. 2.

[43]      Dr Chris McGrath, Submission 141, p. 6.

[44]      Dr Martin Taylor, World Wildlife Fund Australia, Proof Committee Hansard, 15 February 2013, p. 16.

[45]      Wentworth Group of Concerned Scientists, Proof Committee Hansard, 15 February 2013, p. 28.

[46]      Australian Conservation Foundation, Proof Committee Hansard, 15 February 2013, p. 18.

[47]      Wentworth Group of Concerned Scientists, Proof Committee Hansard, 15 February 2013, p. 29.

[48]      Wentworth Group of Concerned Scientists, Proof Committee Hansard, 15 February 2013, p. 30.

[49]      Department of the Environment, Heritage and the Arts, The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009 (Hawke report), p. 114, available at: http://www.environment.gov.au/epbc/review/publications/final-report.html (accessed 27 February 2013).

[50]      Ms Rachel Walmsley, Australian Network of Environmental Defenders' Offices, Proof Committee Hansard, 15 February 2013, pp 38–39. See also: Colong Foundation for Wilderness, Supplementary Submission, pp 2–6.

[51]      Dr Chris McGrath, Submission 141, p. 4.

[52]      Professor Lee Godden, Answers to questions on notice, received 15 February 2013, pp 4–5.

[53]      Professor Lee Godden, Answers to questions on notice, received 15 February 2013, p. 4.

[54]      Ms Jane LLoyd, Proof Committee Hansard, 8 February 2013, p. 13.

[55]      National Parks Australia Council, Submission 140, p. 3; Humane Society International, Proof Committee Hansard, 15 February 2013, p. 16. The committee has considered recent announcements of public service job cuts in states and territories and notes, for example, reports that 220 out of 1117 jobs will be lost from the Queensland Department of the Environment (Koren Helbig and Robyn Ironside, 'Full list of Queensland public service redundancies', Courier Mail, 11 September 2012); see also Senate Environment and Communications References Committee, Inquiry into the Effectiveness of threatened species and ecological communities' protection in Australia, Proof Committee Hansard, 22 February 2013, pp 16‑17; and Department of Sustainability, Environment, Water, Population and Communities, Answers to questions on notice, received 8 March 2013, p. 1.

[56]      Ms Rachel Walmsley, Australian Network of Environmental Defenders' Offices, Proof Committee Hansard, 15 February 2013, p. 39.

[57]      Dr Kimberley Dripps, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 15 February 2013, p. 56.

[58]      Green Institute, Submission 129, p. 2.

[59]      Australian Conservation Foundation, Submission 90, p. 2.

[60]      Wentworth Group of Concerned Scientists, Proof Committee Hansard, 15 February 2013, p. 28.

[61]      Chris Uhlmann, 'Federal vs state funding fight escalates', ABC 730 Report, http://www.abc.net.au/7.30/content/2013/s3698073.htm (accessed 26 February 2013).

[62]      See further NSW Government, A New Planning System for NSW, at: http://www.planning.nsw.gov.au/a-new-planning-system-for-nsw (accessed 8 March 2013).

[63]      Department of Sustainability, Environment, Water, Population and Communities, Answers to questions on notice, received 8 March 2013, p. 2.

[64]      Colong Foundation for Wilderness, Submission 25, p. 1.

[65]      Blue Mountains Conservation Society, Submission 27, p. 2.

[66]      See for example: Mr Justin Smyrk, Submission 35, p. 1; Lawyers for Forests, Submission 112, p. 2; Ms Nina Earl, Submission 34, p. 1.

[67]      Professor Lee Godden, Answers to questions on notice, received 15 February 2013, p. 6.

[68]      Professor Lee Godden, Proof Committee Hansard, 8 February 2013, p. 11.

[69]      Law Council of Australia, Submission 92, p. 2.

[70]      See for example evidence from the Minerals Council of Australia, Proof Committee Hansard, 15 February 2013, p. 12.

[71]      Dr Kimberley Dripps, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 15 February 2013, p. 59.

[72]      Dr Kimberley Dripps, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 15 February 2013, p. 60.

[73]      See Department of Sustainability, Environment, Water, Population and Communities, Answers to questions on notice, received 8 March 2013, p. 6 referring to Deloitte Access Economics, Cost Benefit Analysis – Reforms to Environmental Impact Assessments under the EPBC Act, 20 April 2011, http://ris.finance.gov.au/2011/09/12/response-to-the-review-of-the-epbc-act-%E2%80%93-regulation-impact-statement-%E2%80%93-department-of-sustainability-environment-water-population-and-communities/ (accessed 8 March 2013).

[74]      Deloitte Access Economics, Cost Benefit Analysis – Reforms to Environmental Impact Assessments under the EPBC Act, 20 April 2011, p. iii, available at: http://ris.finance.gov.au/2011/09/12/response-to-the-review-of-the-epbc-act-%E2%80%93-regulation-impact-statement-%E2%80%93-department-of-sustainability-environment-water-population-and-communities/ (accessed 8 March 2013).

[75]      Department of Sustainability, Environment, Water, Population and Communities, Submission 114, p. 5.

[76]      COAG Communique, 7 December 2012, p. 4, http://www.coag.gov.au/node/475 (accessed 4 March 2013); and see also Department of Sustainability, Environment, Water, Population and Communities, Answers to questions on notice, received 8 March 2013, p. 5.

[77]      Department of Sustainability, Environment, Water, Population and Communities, Answers to questions on notice, received 8 March 2013, p. 7.

[78]      Chris Uhlmann, 'Federal vs state funding fight escalates', ABC 730 Report, http://www.abc.net.au/7.30/content/2013/s3698073.htm (accessed 26 February 2013); and see also Michael McKenna, 'State against State: Campbell Newman's Competitive Federalism', The Australian, 12 April 2012, available at http://www.theaustralian.com.au/national-affairs/state-politics/state-against-state-campbell-newmans-federalism/story-e6frgczx-1226324307482 (accessed 5 March 2013).

Coalition Additional Comments

[1]        Chair’s draft.

[2]        COAG Communique, 13 April 2012, pp. 2-3, http://www.coag.gov.au/node/313 (accessed 12 March 2013).

[3]        Prime Minister, joint press conference, 12 April 2012, http://www.pm.gov.au/press-office/transcript-joint-press-conference-canberra-24 (accessed 12 March 2013).

[4]        Media release, Prime Minister and Minister for Finance and Deregulation, 13 April 2012, p. 1, http://www.pm.gov.au/press-office/coag-signs-proposals-cut-red-tape (accessed 12 March 2013).

[5]        Leader of the Opposition, address to the Australian Industry Group, 20 April 2012, available at http://liberal.org.au/latest-news/2012/04/20/tony-abbott-speech-australian-industry-group-coalitions-plan-cleaner (accessed 12 March 2013).

[6]        Deloitte Access Economics, Cost Benefit Analysis – Reforms to Environmental Impact Assessments under the EPBC Act, 20 April 2011, p. 27, available at: http://ris.finance.gov.au/2011/09/12/response-to-the-review-of-the-epbc-act-%E2%80%93-regulation-impact-statement-%E2%80%93-department-of-sustainability-environment-water-population-and-communities/ (accessed 12 March 2013).

[7]        Deloitte Access Economics, Cost Benefit Analysis – Reforms to Environmental Impact Assessments under the EPBC Act, 20 April 2011, pp 27–28, available at: http://ris.finance.gov.au/2011/09/12/response-to-the-review-of-the-epbc-act-%E2%80%93-regulation-impact-statement-%E2%80%93-department-of-sustainability-environment-water-population-and-communities/ (accessed 12 March 2013).

[8]        Deloitte Access Economics, Cost Benefit Analysis – Reforms to Environmental Impact Assessments under the EPBC Act, 20 April 2011, p. 33, available at: http://ris.finance.gov.au/2011/09/12/response-to-the-review-of-the-epbc-act-%E2%80%93-regulation-impact-statement-%E2%80%93-department-of-sustainability-environment-water-population-and-communities/ (accessed 12 March 2013).

[9]        Business Council of Australia, Submission 91, p. 1.

[10]      Pyrenees Shire Council, Submission 83, p. 1.

[11]      Victorian Farmers Federation, Submission 83, p. 1.

Australian Greens – Dissenting Report

[1]        Australian Conservation Foundation, Submission 90, p. 1.

[2]        Human Society International, Submission 46, p. 2.

[3]        NSW Conservation Council, Submission 92, p. 1.

[4]        Australian Law Council, Submission 92, p. 2.

[5]        Australian Network of Environmental Defenders Offices, Submission 128, p. 2.

[6]        Professor John Quiggin, Submission 146, p. 3.

[7]        Sustainable Business Australia, Submission 174, p. 2