Chapter 1
Introduction
Conduct of the inquiry
1.1
On 10 November 2011, the Senate referred the Environment Protection and
Biodiversity Conservation Amendment (Emergency Listings) Bill 2011 (the bill)
to the Senate Environment and Communications Legislation Committee (the
committee) for inquiry and report by 7 February 2012.[1]
The reporting date was subsequently extended until 1 March 2012.[2]
1.2
The reason given for the referral of the bill through the Senate
Selection of Bills Committee was that the bill:
...provides a much needed process for emergency listings
under the EPBC Act [Environment Protection and Biodiversity Conservation Act
1999] for threatened species and ecological communities where they are at
risk from significant and imminent threat.[3]
1.3
In accordance with usual practice, the committee advertised the inquiry
on its website and in The Australian. In addition the committee wrote to
relevant organisations inviting submissions. The committee received 11 submissions
(see Appendix 1) and held one public hearing in Melbourne on 3 February
2012 (see Appendix 2).
1.4
The committee would like to thank the organisations that made
submissions to the inquiry and the representatives who gave evidence at the
public hearing.
Purpose of the bill
1.5
The bill is a private senators' bill introduced by Senator Larissa
Waters on 13 October 2011.[4]
The reasons behind the proposed changes were highlighted in Senator Waters'
second reading speech on the bill:
There are significant environmental information gaps across
Australia, particularly for many of our rare and vulnerable species. All too
often new species are only discovered through the environmental impact
assessment process. For this reason, establishing emergency listings which are
able to be considered at all stages of the EPBC Act decision making process is
critical to effective national environment protection laws.[5]
1.6
In particular, the discovery of two new crustacean species (a new crab species
and a new shrimp species) on Queensland's Cape York Peninsula has prompted
Senator Waters' proposed changes.
1.7
If passed, the bill would amend the EPBC Act in two substantive ways: by
creating emergency listing procedures for threatened species and ecological
communities and by amending section 158A to ensure that any emergency listings must
be considered by the Environment Minister in making environment assessment or
approvals decisions.
Emergency listing procedures
1.8
The bill seeks to amend the Environment Protection and Biodiversity
Conservation Act 1999 (Cth) (the Act) to enable species and
ecological communities under significant and imminent threat to be immediately
included on the Commonwealth government's list of threatened species. If
passed, the bill would not require for the regular threatened species nomination
and evaluation process to be completed prior to the emergency listing, instead
providing interim protection for a period of up to 12 months. The bill would
require that a formal assessment of any emergency listed species or ecological
community to be undertaken within 12 months of the emergency listing date to
determine whether or not they are eligible to remain on the threatened species
list.
1.9
The aim of the bill's emergency listing procedures is to reduce the time
it currently takes for immediately threatened species or ecological communities
to be listed under the Act.
1.10
The emergency listing provisions for threatened species and ecological
communities contained in the bill are similar to the emergency listing process
for heritage places already contained in section 324JK of the Act.
Section 158A
1.11
The bill also seeks to amend section 158A of the Act to stipulate that
species and ecological communities that are listed via the emergency provisions
are afforded protection throughout the federal environmental assessment process
and under development proposals already approved by the minister.[6]
1.12
The amendments to section 158A of the Act were considered contentious by
a number of submitters as they could possibly allow for additional conditions
to be retrospectively placed on approved projects.[7]
Less contentious was the need for emergency listed species and ecological
communities to be considered during the environmental assessment process, prior
to the approval decision.[8]
Report structure
1.13
This report is divided into two substantive chapters. Chapter 2 briefly
outlines the policy context in which the legislation is proposed and the
current listing process contained in the Act. Chapter 3 then discusses the
issues raised through the committee's inquiry and provides recommendations.
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