Footnotes

Chapter 1 - Introduction

[1]        Commonwealth of Australia, Journals of the Senate, 10 November 2011, p. 1823.

[2]        Commonwealth of Australia, Journals of the Senate, 22 November 2011, p. 1883.

[3]        Senate Selection of Bills Committee, Report No. 16 of 2011, Appendix 3, p. 7, www.aph.gov.au/Senate/committee/selectionbills_ctte/reports/2011/rep1611.pdf (accessed 11 January 2012).

[4]        Commonwealth of Australia, Journals of the Senate, No. 59, 13 October 2011, p. 1634.

[5]        Senator Larissa Waters, Senate Hansard, 13 October 2011, p. 7336.

[6]        Amendments relating to section 158A of the Environment Protection and Biodiversity Conservation Act 1999 are contained in Items 1 and 2 of the bill.

[7]        For example see: Minerals Council of Australia, Submission 7, p. 1 and National Farmers' Federation, Submission 2, p. 1.

[8]        For example see: International Fund for Animal Welfare (IFAW), Submission 1; Fitzroy Basin Association, Submission 4; Birds Australia, Submission 6; Mackay Conservation Group, Submission 9; and The Wilderness Society, Submission 10, p.1.

Chapter 2 - Background

[1]        The EPBC Act streamlined the Commonwealth's environmental regulation and management with state legislation and ensured that the Commonwealth government was able to meet its international obligations with respect to the environment.

[2]        Acts consolidated in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include: the National Parks and Wildlife Conservation Act 1975; the Whale Protection Act 1980; the World Heritage (Properties Conservation) Act 1983; and the Endangered Species Protection Act 1992.

[3]        EPBC Act, ss. 3(1).

[4]        Other matters of national environmental significance include: world and national heritage properties; Ramsar wetlands of international importance, nuclear actions, the Commonwealth marine environment and listed migratory species listed under international agreements.

[5]        Section 523 of the EPBC Act defines that an 'action' includes a project, development, undertaking, activity or series of activities, or an alteration of any of these.

          Under the Administrative Arrangements Order of 14 December 2011, the Minister for Sustainability, Environment, Water, Population and Communities is responsible for the administration of the Act.

[6]        Senate Standing Committees on Environment, Communications and the Arts, The operation of the Environment Protection and Biodiversity Conservation Act 1999, First Report, March 2009, p. 1, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/Completed%20inquiries/2008-10/epbcact/report/index (accessed 21 February 2012).

[7]        Senate Standing Committees on Environment, Communications and the Arts, The operation of the Environment Protection and Biodiversity Conservation Act 1999, First Report, March 2009, p. 1.

[8]        An interim report was also tabled on 23 April 2009. See Senate Standing Committee on Environment, Communications and the Arts, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/Completed%20inquiries/2008-10/epbcact/interimreport/index (accessed 21 February 2012).

[9]        See Senate Standing Committees on Environment, Communications and the Arts, The operation of the Environment Protection and Biodiversity Conservation Act 1999, First Report, March 2009, pp 55–­61.

[10]      Senate Standing Committees on Environment, Communications and the Arts, The operation of the Environment Protection and Biodiversity Conservation Act 1999, First Report, March 2009, p. 57.

[11]      Explanatory Memorandum, Environment and Heritage Legislation Amendment Bill (No. 1) 2006, p. 1.

[12]      Senate Standing Committees on Environment, Communications and the Arts, The operation of the Environment Protection and Biodiversity Conservation Act 1999, First Report, March 2009, Recommendation 8, p. 61.

[13]      See Commonwealth of Australia, The Australian Environment Act – Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, Final Report, October 2009, p. 161.

[14]      Commonwealth of Australia, The Australian Environment Act – Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, Final Report, October 2009, p. 161.

[15]      Commonwealth of Australia, The Australian Environment Act – Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, Final Report, October 2009, p. 161.

[16]      Recommendation 16, Commonwealth of Australia, The Australian Environment Act – Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, Final Report, October 2009, p. 42.

[17]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, www.environment.gov.au/epbc/publications/pubs/epbc-review-govt-response.pdf (accessed 21 February 2012).

[18]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 35.

[19]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 35.

[20]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 35.

[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. 35.

[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. 35.

[23]      EPBC Act, s. 178.

[24]      EPBC Act, s. 181.

[25]      Mr Peter Burnett, First Assistant Secretary, Regulation Review Task Force, DSEWPaC, Proof Committee Hansard, 3 February 2012, p. 22. See also Appendix 4.

[26]      This means that the proposed action must be referred to the minister for the minister's decision on whether the action will in fact have such an impact or is likely to have such an impact. If the minister decides that the action will have or is likely to have a significant impact on a threatened species or community, then the action will be assessed and cannot be taken without the minister's approval (sections 18, 18A and 19), subject to certain limited exceptions (such as exemptions under section 158).

[27]      For a flow chart of the EPBC Act environmental approval process, see Appendix 4.

[28]      See EPBC Act, s. 75.

[29]      See EPBC Act, s. 19, 81, 82, 130, 133, and 134.

[30]      Matters of national environmental significance include: world heritage properties, national heritage places, wetlands of international importance, threatened species and ecological communities, migratory species, the Great Barrier Reef Marine Park and nuclear actions.

[31]      EPBC Act, s. 75.

[32]      Except in the cases of public inquiries, where the commission is required to report to the minister, and assessment under a bilateral agreement or accredited assessment process, where the minister receives an assessment report from the relevant State or Territory on the impacts of the action. See EPBC Act, s. 47, 87, 93, 95C, 100, 105 and 122.

[33]      EPBC Act, s. 130.

[34]      Environment and Heritage Legislation Amendment Bill (No. 1) 2006, item 322.

[35]      Explanatory Memorandum, Environment and Heritage Legislation Amendment Bill (No. 1) 2006, p. 42.

[36]      Explanatory Memorandum, Environment and Heritage Legislation Amendment Bill (No. 1) 2006, p. 42.

[37]      Commonwealth Parliamentary Library, Bills Digest, 'Environment and Heritage Legislation Amendment Bill (No. 1) 2006', No. 53, 2006—07, 22 November 2006, p. 5.

[38]      EPBC Act, ss. 158A(2) and (3).

[39]      EPBC Act, ss.158A(4).

[40]      Mrs Alexia Wellbelove, Senior Program Manager, Humane Society International, Proof Committee Hansard, 3 February 2012, p. 4.

[41]      See Commonwealth of Australia, The Australian Environment Act – Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, Final Report, October 2009, p. 161.

[42]      Commonwealth of Australia, The Australian Environment Act – Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, Final Report, October 2009, p. 161.

[43]      Rio Tinto Alcan, South of Embley Project Environmental Impact Statement Summary, July 2011, p. 8, www.deedi.qld.gov.au/cg/resources/project/south-embley/South_of_Embley_EIS_summary_July2011.pdf (accessed 19 January 2012).

[44]      Rio Tinto Alcan, South of Embley Project Environmental Impact Statement Summary, July 2011, p. 8.

[45]      Brian Williams, 'Tiny crab may halt giant bauxite mine', The Courier Mail, 14 September 2011, p. 1.

[46]      Brian Williams, 'Tiny crab may halt giant bauxite mine', The Courier Mail, 14 September 2011, p. 1.

[47]      Rio Tinto Alcan, Supplementary Report to the Environment Impact Statement for South of Embley Project, February 2012, pp 109–110, www.riotintoalcan.com/ENG/ourproducts/1818_supplementary_report_to_the_eis.asp (accessed 20 February 2012).

          The Law Council of Australia in its submission clarified that there are no federal regulatory requirements to protect new species such as the crab and shrimp. The Law Council therefore opined that the need for the bill was compelling. See Law Council of Australia, Submission 5, p. 4.

[48]      Rio Tinto Alcan, Supplementary Report to the Environment Impact Statement for South of Embley Project, February 2012, pp 110.

Chapter 3 - Discussion of key issues

[1]        Humane Society International, Submission 3, p. 2. See also: International Fund for Animal Welfare (IFAW), Submission 1; Fitzroy Basin Association, Submission 4; Birds Australia, Submission 6; Mackay Conservation Group, Submission 9; and The Wilderness Society, Submission 10.

[2]        Law Council of Australia, Submission 5, p. 4. See also Australian Network of Environment Defenders Offices (ANEDO), Submission 8, p. 2.

[3]        National Farmers' Federation, Submission 2, p. 1.

[4]        Minerals Council of Australia, Submission 7, p. 1.

[5]        See: IFAW, Submission 1, p. 2; HSI, Submission 3, p. 3; Fitzroy Basin Association, Submission 4, p. 1; Law Council of Australia, Submission 5, p. 4; Birds Australia, Submission 6, p. 1; Minerals Council of Australia, Submission 7, p. 1; ANEDO, Submission 8, p. 2; Mackay Conservation Group, Submission 9, p. 1; The Wilderness Society, Submission 10, p. 1; and Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC), Submission 11, p. 1.

[6]        See: Minerals Council of Australia, Submission 7, p. 1; and National Farmers' Federation, Submission 2, p.1.

[7]        Minerals Council of Australia, Submission 7, p. 1.

[8]        National Farmers' Federation, Submission 2, p.1.

[9]        Humane Society International, Submission 3, p. 2. See also: IFAW, Submission 1; Fitzroy Basin Association, Submission 4; Birds Australia, Submission 6; Mackay Conservation Group, Submission 9; and The Wilderness Society, Submission 10.

[10]      IFAW, Submission 1, p. 2.

[11]      See: IFAW, Submission 1, p. 2; and HSI, Submission 3, p. 3.

[12]      Mrs Alexia Wellbelove, Senior Program Manager, Humane Society International, Proof Committee Hansard, 3 February 2012, p. 4.

[13]      Mrs Alexia Wellbelove, Senior Program Manager, Humane Society International, Proof Committee Hansard, 3 February 2012, p. 4.

[14]      Mrs Alexia Wellbelove, Senior Program Manager, Humane Society International, Proof Committee Hansard, 3 February 2012, p. 4.

[15]      EPBC Act, s. 194P.

[16]      EPBC Act, ss. 194P(1).

[17]      Mrs Alexia Wellbelove, Senior Program Manager, Humane Society International, Proof Committee Hansard, 3 February 2012, p. 4.

[18]      Mrs Alexia Wellbelove, Senior Program Manager, Humane Society International, Proof Committee Hansard, 3 February 2012, p. 4.

[19]      Mrs Alexia Wellbelove, Senior Program Manager, Humane Society International, Proof Committee Hansard, 3 February 2012, p. 4.

[20]      See: IFAW, Submission 1, p. 2; HSI, Submission 3, p. 3; and The Wilderness Society, Submission 10, p. 1.

[21]      Mr Glenn Walker, Wild Rivers Campaign Manager, The Wilderness Society, Proof Committee Hansard, 3 February 2012, p. 5.

[22]      Mr Glenn Walker, Wild Rivers Campaign Manager, The Wilderness Society, Proof Committee Hansard, 3 February 2012, p. 5.

[23]      Mr Glenn Walker, Wild Rivers Campaign Manager, The Wilderness Society, Proof Committee Hansard, 3 February 2012, p. 5.

[24]      DSEWPaC, Additional answers to questions on notice, 3 February 2012 (received 27 February 2012), p. 2.

[25]      Mr Chris Fraser, Acting Chief Executive, Minerals Council of Australia, Proof Committee Hansard, 3 February 2012, p. 10.

[26]      Minerals Council of Australia, Submission 7, pp 2–3.

[27]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 35, www.environment.gov.au/epbc/publications/pubs/epbc-review-govt-response.pdf (accessed 16 January 2012).

[28]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 35.

[29]      EPBC Act, s. 341K–341JP. See also DSEWPaC, Answer to question on notice, 3 February 2012 (received 20 February 2012), p. 2.

[30]      Environment Protection and Biodiversity Amendment (Emergency Listings) Bill 2011, item 4, s. 194V and s. 194ZC.

[31]      Minerals Council of Australia, Submission 7, p. 2.

[32]      Minerals Council of Australia, Submission 7, p. 2.

[33]      See: Minerals Council of Australia, Submission 7, p. 2; and Mr Chris McCombe, Assistant Director, Environmental Policy, Minerals Council of Australia, Proof Committee Hansard, 3 February 2012, p. 12.

[34]      Ms Nicola Rivers, Law Reform Director, Environmental Defenders Office Victoria, Australian Network of Environmental Defenders Offices, Proof Committee Hansard, 3 February 2012, pp 17–18.

[35]      DSEWPaC, Additional answers to questions on notice, 3 February 2012 (received 27 February 2012), p. 1.

[36]      DSEWPaC, Additional answers to questions on notice, 3 February 2012 (received 27 February 2012), p. 1.

[37]      EPBC Act, ss. 178–179, 181–182. See also DSEWPaC, Guidelines for assessing the conservation status of native species, www.environment.gov.au/biodiversity/threatened/pubs/guidelines-species.pdf (accessed 23 February 2012).

[38]      Minerals Council of Australia, Submission 7, p. 3.

[39]      The Minerals Council of Australia, Submission 7, p. 3.

[40]      ANEDO, Answers to questions on notice, 3 February 2012 (received 14 February 2012), p. 1 and Humane Society International, Answers to questions on notice, 3 February 2012 (received 13 February 2012), p. 1.

[41]      Australian Government, Australian Government Response to the Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, August 2011, p. 35.

[42]      Department of Prime Minister and Cabinet, Legislation proposed for introduction in the 2012 autumn sittings, www.dpmc.gov.au/parliamentary/docs/proposed_legislation.pdf (accessed 23 February 2012), p. 11.

[43]      DSEWPaC, Submission 11, p. 2.

[44]      Mr Peter Burnett, First Assistant Secretary, Regulation Review Task Force, DSEWPaC, Proof Committee Hansard, 3 February 2012, p. 23.

[45]      Mr Peter Burnett, First Assistant Secretary, Regulation Review Task Force, DSEWPaC, Proof Committee Hansard, 3 February 2012, pp 23–24.

[46]      IFAW, Submission 1, p. 3.

[47]      Law Council of Australia, Submission 5, p. 4.

[48]      For example see: IFAW, Submission 1, pp 3–4; Humane Society International, Submission 3, p. 2; Birds Australia, Submission 6, p. 1; and The Wilderness Society, Submission 10, p. 1.

[49]      The Wilderness Society, Submission 10, p. 1.

[50]      Birds Australia, Submission 6, p. 1.

[51]      The Wilderness Society, Submission 10, pp 1–2.

[52]      Law Council of Australia, Submission 5, p. 3.

[53]      Law Council of Australia, Submission 5, p. 3.

[54]      Law Council of Australia, Submission 5, p. 4.

[55]      ANEDO, Submission 8, p. 3.

[56]      Minerals Council of Australia, Submission 7, p. 1. See also National Farmers' Federation, Submission 2, p. 1.

[57]      National Farmers' Federation, Submission 2, p. 1.

[58]      Mr Gerald Leach, Chair, National Farmers' Federation Sustainability Committee, National Farmers' Federation, Proof Committee Hansard, 3 February 2012, p. 15.

[59]      Minerals Council of Australia, Submission 7, p. 1.

[60]      Minerals Council of Australia, Submission 7, p. 3.

[61]      For example see: IFAW, Submission 1, p. 2; Humane Society International, Submission 3, p. 1; Birds Australia, Submission 6, p. 1; Mackay Conservation Group, Submission 9, p. 1; and The Wilderness Society, Submission 10, pp 1–2.

[62]      IFAW, Submission 1, p. 2.

[63]      Mr Peter Burnett, First Assistant Secretary, Regulation Review Task Force, DSEWPaC, Proof Committee Hansard, 3 February 2012, p. 26.