Table of Contents


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

Table of Contents

Membership of the Committee

Recommendations

CHAPTER ONE: INTRODUCTION

    Reference to the Committee and Conduct of the Inquiry

    Acknowledgments

CHAPTER TWO: HISTORY OF THE COMMONWEALTH'S ENVIRONMENTAL ROLE

    The Commonwealth's Role in Environmental Protection and Management

    A Brief Overview of the Evolution of Commonwealth Environment Legislation

    Why the Need for Reform of Commonwealth Environment Legislation?

    Saving Our Natural Heritage and the Government Review Process

    The COAG Process

    The COAG Heads of Agreement on Roles and Responsibilities for the Environment

CHAPTER THREE OVERVIEW OF THE BILL PROCESS

    The Legislation Reform Process and Public Consultation

    Consultation on the Reforms

    The Senate Inquiry into the Bill

    Delivery of Reforms Through the Bill

    Related Processes

CHAPTER FOUR: ENVIRONMENTAL REFORM (CONSEQUENTIAL PROVISIONS) BILL 1998

    Background

      Schedule 1 – Application of the Act

      Schedule 2 – Endangered Species Protection Act 1992

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

      Schedule 4 – National Parks and Wildlife Conservation Act 1975

      Schedule 5 – Whale Protection Act 1980

      Schedule 6 – World Heritage Properties Conservation Act 1983

      Schedule 7 – Other Amendments

      Schedule 8 - Miscellaneous

CHAPTER FIVE: GENERAL AND PRELIMINARY MATTERS

    PART 1 – GENERAL MATTERS

      Overview

      Philosophy of the Bill

      Ministerial Discretion

      Public Participation in Environmental Decision Making

      Commissioner for the Environment

      Duty of Care for the Environment

    PART 2 – PRELIMINARY MATTERS

      Chapter One

      Commencement – Clause 2

      Objects of the Bill – Clause 3

      Crown Liability – Clause 4

      Application of the Act – Clause 5

      Recognition of Local Government Under the Bill

      Native Title Rights

      Broader Indigenous Rights and Interests

CHAPTER SIX: PROTECTING THE ENVIRONMENT

    Current Legislation

    Overhaul of Environmental Assessment and Approval Process

    Scope of `National Environmental Significance' Triggers

    Additional Matters of National Environmental Significance

    Meaning of `Action'

    Meaning of `Significant Impact'

    Off-Site Impacts

    World Heritage and Ramsar Triggers

    Threatened Species Trigger

    Nuclear Trigger

    Cases in which Environmental Approval is not Needed

    Forestry Operations in Certain Regions

    Actions in the Great Barrier Reef Marine Park

CHAPTER SEVEN: BILATERAL AGREEMENTS AND OTHER ACCREDITATION MECHANISMS

    Introduction

    The Need for Bilateral Agreements

    The Nature and Scope of Bilateral Agreements

    Standards and Criteria for Accreditation

    Enforcement of Bilateral Agreements

    Review of Bilateral Agreements

    Preferential Treatment of States

    Other Accreditation Mechanisms

CHAPTER EIGHT: ENVIRONMENTAL ASSESSMENTS AND APPROVALS

    Decision Making Powers of the Environment Minister

    Referral of Proposals to Take Action

    Deciding Whether Approval of Actions is Needed

    Assessing Impacts of Controlled Actions

    Approval of Actions

    Strategic Assessment

    Rules About Timing

CHAPTER NINE: CONSERVATION OF BIODIVERSITY PART 1

    Overview 1

      Identifying and Monitoring Biodiversity

      Bioregional Plans

      Threatened Species and Ecological Communities – Listing and Nomination

      Nomination (Clause 191)

      Commonwealth Areas – Listing and Offences

      Animal Welfare

      Whales, Dolphins and Porpoises

      Marine Species

      Invasive Species

      Recovery Plans and Threat Abatement Plans

      Access to Biological Resources

      Conservation Agreements

      Inclusion of the National Biodiversity Strategy & the Convention on Biological Diversity

CHPATER TEN: CONSERVATION OF BIODIVERSITY, PART 2 – PROTECTED AREAS

    Protected Areas (Part 15)

    Administration of National Parks

    Management Plans

    Commonwealth Reserves

    Activities in Commonwealth Reserves

    Existing Uses

CHAPTER ELEVEN: ADMINISTRATION

    The Precautionary Principle and the Principles of Ecologically Sustainable Development

    Enforcement

    Wardens, Rangers and Inspectors

    Directed Environmental Audits

    Conservation Orders

    Standing

    Merits Appeals

    Civil Penalties

    Duty to Provide Accurate Information

    Liability of Corporate Officers

    Remedying Environmental Damage

    Committees Established Under the Bill

    Research

LABOR SENATORS' FINDINGS

MINORITY REPORT BY THE AUSTRALIAN DEMOCRATS

REPORT BY THE AUSTRALIAN GREENS AND THE GREENS (WA)

APPENDIX 1

    List of Submissions

APPENDIX 2

    Individuals who appeared before the Committee at Public Hearings