Footnotes

Chapter 1 - Background

[1]        Journals of the Senate, No. 11, 12 December 2013, p. 361.

[2]        Selection of Bills Committee, Report No. 11 of 2013, Appendix 1.

[3]        [2013] FCA 694.

[4]        Explanatory Memorandum, p. 2.

[5]        EPBC Act, ss 266B(1). This requirement was added to the EPBC Act in 2006 by the Environment and Heritage Legislation Amendment Act (No. 1) 2006. For further information, see the Department of the Environment, Conservation Advices, http://www.environment.gov.au/topics/biodiversity/threatened-species-ecological-communities/conservation-advices (accessed 20 January 2014).

[6]        EPBC Act, ss 266B(2).

[7]        EPBC Act, ss 139(2). For a full list of the decisions under the EPBC Act which require consideration of approved conservation advice, see Parliamentary Library, Environment Legislation Amendment Bill 2013, Bills Digest No. 32, 2013–14 (Bills Digest), pp 3–4.

[8]        See also section 487 of the EPBC Act, which provides extended standing under the ADJR Act for judicial review of decisions made under the EPBC Act.

[9]        Unlike merits review, where the court can substitute its own decision for that of the primary decision-maker: see further  The Australian Environment Act—Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009, (Hawke review), p. 312.

[10]      ADJR Act, s.13.

[11]      ADJR Act, ss.11(3); see also Hawke review, p. 313.

[12]      See Department of the Environment, Shree Minerals Limited/Mining/ Nelson Bay River/TAS/Nelson Bay River Magnetite Mine Reference Number: 2011/5846, at: http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5846 (accessed 16 December 2013). The minister had previously decided that the mine needed approval under the EPBC Act due to its potential impacts on listed threatened species and listed migratory species.

[13]      Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCA 694. For example, the judge noted that the approved conservation advice was not provided to the Environment Minister at all for the purposes of making his decision and he did not have a copy of the document before him when he made the decisions: para 35.

[14]      See Department of the Environment, Shree Minerals Limited/Mining/ Nelson Bay River/TAS/Nelson Bay River Magnetite Mine Reference Number: 2011/5846 http://www.environment.gov.au/epbc/notices/assessments/2011/5846/2011-5846-approval-decision-2.pdf (accessed 16 December 2013).

[15]      Revised Explanatory Memorandum, p. 6.

[16]      See Supplementary Explanatory Memorandum, p. 2.

[17]      Bills Digest, p. 12.

[18]      Revised Explanatory Memorandum, pp 6–7.

[19]      Revised Explanatory Memorandum, p. 7.

[20]      Revised Explanatory Memorandum, p. 6.

[21]      Senator the Hon Arthur Sinodinos, Assistant Treasurer, Senate Hansard, 11 December 2013, p. 104.

[22]      House of Representatives, Votes and Proceedings No. 12, 9 December 2013, pp 188–189.

[23]      The Hon Greg Hunt MP, Minister for the Environment, House of Representatives Hansard, 9 December 2013, p. 89.

[24]      The Hon Greg Hunt MP, Minister for the Environment, House of Representatives Hansard, 9 December 2013, p. 102.

[25]      House of Representatives Hansard, 9 December 2013, pp 103–107.

[26]      Environment Legislation Amendment Bill, Proposed Amendments, at: http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query%3DId%3A%22legislation%2Fbillhome%2Fr5128%22 (accessed 30 January 2014).

[27]      See further Senate Environment and Communications Legislation Committee, Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012, March 2013, available at: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/Completed%20inquiries/2010-13/epbcfederalpowers/report/index (accessed 9 January 2014).

[28]      Senate Environment and Communications Legislation Committee, Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012, March 2013, recommendation 1, p. 29.

[29]      Senate Scrutiny of Bills Committee, Alert Digest 8/13, p. 14.

[30]      Revised Explanatory Memorandum, pp 2 and 7.

[31]      Senate Scrutiny of Bills Committee, Alert Digest 8/13, p. 15.

[32]      Senate Scrutiny of Bills Committee, Alert Digest 8/13, p. 15.

[33]      Greg Hunt MP, Coalition announces Dugong and Turtle Protection Plan, 15 August 2013, http://www.greghunt.com.au/Home/LatestNews/tabid/133/articleType/ArticleView/articleId/2611/Coalition-announces-Dugong-Turtle-Protection-Plan.aspx (accessed 23 December 2013).

[34]      See Explanatory Memorandum, p. 8.

[35]      Revised Explanatory Memorandum, p. 2.

[36]      EPBC Act, Part 13, Division 1 (listed threatened species and communities), Division 2 (listed migratory species) and Division 4 (listed marine species).

[37]      See Bills Digest, pp 5–6.

[38]      Note that the EPBC Act and the bill refer to 'penalty units'. Under s. 4AA of the Crimes Act 1914, a penalty unit is currently worth $170.

[39]      See proposed sections 196F, 211F and 254F at items 13, 27 and 41 of Schedule 2.

[40]      Under a strict liability offence, the prosecution does not have to show that a person knew or was reckless to the fact that the relevant animal was a listed turtle or dugong. However, the defence of mistake of fact is available: see Revised Explanatory Memorandum, p. 9 and section 6.1 of the Criminal Code.

[41]      Schedule 2, items 1–42; see also Revised Explanatory Memorandum, pp 9–12.

[42]      GBR Marine Park Act, Division 2, Part VAA.

[43]      Schedule 3, items 43–53; see also Revised Explanatory Memorandum, pp 12–14.

[44]      Revised Explanatory Memorandum, pp 4 and 9.

[45]      Revised Explanatory Memorandum, p. 9.

[46]      Revised Explanatory Memorandum, pp 3 and 9.

[47]      Senate Scrutiny of Bills Committee, Alert Digest 8/13, p. 16.

[48]      Senate Scrutiny of Bills Committee, Alert Digest 8/13, p. 16.

[49]      Senate Scrutiny of Bills Committee, Alert Digest 8/13, p. 16.

Chapter 2

[1]        See, for example, Australian Conservation Foundation (ACF), Submission 1; Australian Koala Foundation, Submission 2; Wildlife Preservation Society of Queensland, Submission 4; National Parks Australia Council, Submission 5; The Wilderness Society, Submission 8; WWF‑Australia, Submission 10; Keppel and Fitzroy Delta Alliance, Submission 11; Australian Network of Environmental Defender's Office (ANEDO), Submission 12; Humane Society International, Submission 13; Logan & Albert Conservation Association, Submission 14; Lawyers for Forests, Submission 15. Two submissions supported the bill: Minerals Council of Australia, Submission 6; Tasmanian Minerals and Energy Council, Submission 19.

[2]        Department of the Environment, Submission 9, p. 2.

[3]        Department of the Environment, Submission 9, p. 2.

[4]        Mr Terry Long, Chief Executive Officer, Tasmanian Minerals and Energy Council, Committee Hansard, 6 February 2014, p. 11.

[5]        Tasmanian Minerals and Energy Council, Submission 19, pp 4 and 5; see also Mr Terry Long, Chief Executive Officer, Tasmanian Minerals and Energy Council, Committee Hansard, 6 February 2014, p. 8.

[6]        See, for example, ACF, Submission 1, p. 1; Australian Koala Foundation, Submission 2, p. 1; The Wilderness Society, Submission 8, pp 1–2; also Wildlife Preservation Society of Queensland, Submission 4, p. 1; National Parks Australia Council, Submission 5, pp 1–2; Keppel and Fitzroy Delta Alliance, Submission 11, p. 2; Humane Society International, Submission 13, pp 1 and 2; Logan and Albert Conservation Association, Submission 14, p. 1; Lawyers for Forests, Submission 15, pp 1 and 6.

[7]        See, for example, Mr Paul Toni, National Manager, Science, Policy and Government Partnerships, WWF-Australia, Committee Hansard, 6 February 2014, p. 1; Ms Saffron Zomer, ACF, Committee Hansard, 6 February 2014, p. 13; Mr Brendan Sydes, Lawyer/Executive Officer, ANEDO, Committee Hansard, 6 February 2014, p. 20; Australian Koala Foundation, Submission 2, p. 1; Wildlife Preservation Society of Queensland, Submission 4, p. 2.

[8]        ANEDO, Submission 12, pp 1–2.

[9]        ANEDO, Submission 12, p. 1; see also Mr Brendan Sydes, Lawyer/Executive Officer, Committee Hansard, 6 February 2014, p. 18.

[10]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 41.

[11]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 40 and see also p. 43.

[12]      Department of the Environment, Submission 9, p. 3.

[13]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 42 and see also p. 43.

[14]      ACF, Submission 1, p. 2; see also Ms Saffron Zomer, National Liaison Officer, ACF, Committee Hansard, 6 February 2014, p. 15; Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council of Australia (Law Council), Committee Hansard, 6 February 2014, p. 23.

[15]      Department of the Environment, Submission 9, p. 2.

[16]      Minerals Council of Australia, Submission 6, p. 1; see also Mr Terry Long, Chief Executive Officer, Tasmanian Minerals and Energy Council, Committee Hansard, 6 February 2014, p. 12.

[17]      Minerals Council of Australia, Submission 6, p. 1.

[18]      Mr Terry Long, Chief Executive Officer, Tasmanian Minerals and Energy Council,  Committee Hansard, 6 February 2014, p. 12.

[19]      Mr Brendan Sydes, Lawyer/Executive Officer, ANEDO, Committee Hansard, 6 February 2014, p. 18.

[20]      Humane Society International, Submission 13, p. 1; see also ACF, Submission 1, p. 3; Ms Saffron Zomer, ACF, Committee Hansard, 6 February 2014, p. 14; Lawyers for Forests, Submission 15, p. 6.

[21]      Tasmanian Minerals and Energy Council, Submission 19, p. 5.

[22]      Tarkine National Coalition, Submission 20, p. 3; Mr Brendan Sydes, Lawyer/Executive Officer, ANEDO, Committee Hansard, 6 February 2014, pp 18, 19–20.

[23]      Mr Brendan Sydes, Lawyer/Executive Officer, ANEDO, Committee Hansard, 6 February 2014, p. 20.

[24]      Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council, Committee Hansard, 6 February 2014, p. 26.

[25]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 42.

[26]      Department of the Environment, Submission 9, p. 2.

[27]      Department of the Environment, Submission 9, p. 2.

[28]      ACF, Submission 1, p. 2; Australian Koala Foundation, Submission 2, p. 1; National Parks Australia Council, Submission 5, p. 1; The Wilderness Society, Submission 8, p. 2; Humane Society International, Submission 13, p. 1; ANEDO, Submission 12, p. 1.

[29]      Wildlife Preservation Society of Queensland, Submission 4, p. 2; The Wilderness Society, Submission 8, p. 2; Lawyers for Forests, Submission 15, p. 7; Mr Brendan Sydes, Lawyer/Executive Officer, Committee Hansard, 6 February 2014, p. 18.

[30]      Minerals Council of Australia, Submission 6, p. 1.

[31]      Department of the Environment, Submission 9, p. 2.

[32]      Law Council, Submission 3, p. 7; Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council, Committee Hansard, 6 February 2014, p. 23; see also, for example, Ms Saffron Zomer, ACF, Committee Hansard, 7 February 2014, p. 13.

[33]      Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council, Committee Hansard, 6 February 2014, p. 24.

[34]      Law Council, Submission 3, p. 8.

[35]      Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council, Committee Hansard, 6 February 2014, pp 25 and 27. See ANEDO, Submission 12, Attachment 1 for a full list of decisions under the EPBC Act which require the Minister to have regard to conservation advices.

[36]      Law Council, Submission 3, p. 8.

[37]      ANEDO, Submission 12, p. 3; see also Tarkine National Coalition, Submission 20, p. 1.

[38]      WWF-Australia, Submission 10, p. 2; Mr Paul Toni, National Manager, Science, Policy and Government Partnerships,WWF-Australia, Committee Hansard, 6 February 2014, p. 1; ANEDO, Submission 12, p. 3; Law Council, Submission 3, p. 8; Ms Saffron Zomer, National Liaison Officer, ACF, Committee Hansard, 6 February 2014, p. 15; Mr Brendan Sydes, Lawyer/Executive Officer, ANEDO, Committee Hansard, 6 February 2014, p. 19.

[39]      Mr Paul Toni, National Manager, Science, Policy and Government Partnerships,WWF‑Australia, Committee Hansard, 6 February 2014, p. 5.

[40]      ANEDO, Submission 12, p. 3.

[41]      See, for example, Mr Paul Toni, National Manager, Science, Policy and Government Partnerships,WWF-Australia, Committee Hansard, 6 February 2014, p. 3; Ms Saffron Zomer, ACF, Committee Hansard, 6 February 2014, p. 15.

[42]      Ms Saffron Zomer, ACF, Committee Hansard, 6 February 2014, p. 15.

[43]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 41.

[44]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 43.

[45]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 43.

[46]      ANEDO, Submission 12, pp 3–4; Law Council, Submission 3, p. 9; National Environmental Law Association, Submission 7, pp 2–3; see also Mr Brendan Sydes, Lawyer/Executive Officer, Committee Hansard, 6 February 2014, p. 18.

[47]      Law Council, Submission 3, p. 9.

[48]      Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council, Committee Hansard, 6 February 2014, p. 23.

[49]      Department of the Environment, Answers to Questions on Notice, received 11 February 2014, p. 6.

[50]      ACF, Submission 1, p. 3; Wildlife Preservation Society of Queensland, Submission 4, p. 2; WWF-Australia, Submission 10, p. 4; Keppel and Fitzroy Delta Alliance, Submission 11, p. 2; Humane Society International, Submission 13, p. 2; ANEDO, Submission 12, p. 4.

[51]      Department of the Environment, Submission 9, p. 2; see also Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 40.

[52]      Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council, Committee Hansard, 6 February 2014, p. 23; see also pp 23–24.

[53]      Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council, Committee Hansard, 6 February 2014, p. 26.

[54]      See, for example, Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 28; Ms Melissa George, Chair, Indigenous Advisory Committee, Committee Hansard, 6 February 2014, p. 38.

[55]      Indigenous Advisory Committee, Submission 17, p. 2; see also Ms Melissa George, Chair, Indigenous Advisory Committee, Committee Hansard, 6 February 2014, pp 37–38.

[56]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 46.

[57]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 46.

[58]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 41.

[59]      Wildlife Preservation Society of Queensland, Submission 4, p. 2; ACF, Submission 1, p. 3; Law Council, Submission 3, p. 11; Turtle and Dugong Taskforce, Balkanu Cape York Development Corporation, Submission 16, p. 2; Mr Paul Toni, National Manager, Science, Policy and Government Partnerships, WWF‑Australia, Committee Hansard, 6 February 2014, p. 3; Ms Saffron Zomer, National Liaison Officer, ACF, Committee Hansard, 6 February 2014, p. 15; Mr Frankie Deemal, Community/Project Leader, Balkanu Cape York Development Corporation, Committee Hansard, 6 February 2014, p. 32; Ms Melissa George, Chair, Indigenous Advisory Committee, Committee Hansard, 6 February 2014, pp 35 and 38.

[60]      Ms Melissa George, Chair, Indigenous Advisory Committee, Committee Hansard, 6 February 2014, p. 36.

[61]      Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 28.

[62]      Turtle and Dugong Taskforce, Balkanu Cape York Development Corporation, Submission 16, p. 2.

[63]      See, for example, Keppel and Delta Fitzroy Alliance, Submission 11, p. 2; Humane Society International, Submission 13, p. 2; ANEDO, Submission 12, p. 4.

[64]      Ms Melissa George, Chair, Indigenous Advisory Committee, Committee Hansard, 6 February 2014, p. 35.

[65]      Keppel and Delta Fitzroy Alliance, Submission 11, p. 2; Humane Society International, Submission 13, p. 2; ANEDO, Submission 12, p. 4; see also Mr Brendan Sydes, Lawyer/Executive Officer, ANEDO, Committee Hansard, 6 February 2014, p. 20.

[66]      Indigenous Advisory Committee, Submission 17, p. 1.

[67]      Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 29.

[68]      Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 33.

[69]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 40.

[70]      Department of Environment, Submission 9, p. 3.

[71]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 40.

[72]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 40.

[73]      Indigenous Advisory Committee, Submission 17, p. 1.

[74]      Turtle and Dugong Taskforce, Balkanu Cape York Development Corporation, Submission 16, p. 2; see also Mr Frankie Deemal, Community/Project Leader, Balkanu Cape York Development Corporation, Committee Hansard, 6 February 2014, p. 30; Ms Melissa George, Chair, Indigenous Advisory Committee, Committee Hansard, 6 February 2014, p. 35.

[75]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, pp 41 and 44.

[76]      Turtle and Dugong Taskforce, Balkanu Cape York Development Corporation, Submission 16, p. 2.

[77]      Turtle and Dugong Taskforce, Balkanu Cape York Development Corporation, Submission 16, p. 2; see also Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 28.

[78]      Law Council, Submission 3, p. 14.

[79]      Law Council, Submission 3, p. 13; see also Mr Greg McIntyre SC, Chair, Australian Environment and Planning Law Group, Legal Practice Section, Law Council, Committee Hansard, 6 February 2014, p. 26.

[80]      Indigenous Advisory Committee, Submission 17, p. 2.

[81]      Turtle and Dugong Taskforce, Balkanu Cape York Development Corporation, Submission 16, p. 3; see also Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 28.

[82]      Law Council, Submission 3, p. 13.

[83]      See, for example, Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 28; Ms Melissa George, Chair, Indigenous Advisory Committee, Committee Hansard, 6 February 2014, p. 35; Indigenous Advisory Committee, Submission 17, p. 4.

[84]      Indigenous Advisory Committee, Submission 17, pp 1–2.

[85]      Turtle and Dugong Taskforce, Balkanu Cape York Development Corporation, Submission 16, pp 3 and see also p. 4; and Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 28.

[86]      Ms Melissa George, Chair, Indigenous Advisory Committee, Committee Hansard, 6 February 2014, p. 35; see also p. 37.

[87]      Turtle and Dugong Taskforce, Balkanu Cape York Development Corporation, Submission 16, p. 3 and Appendix 1; see also Mr Daniel Twikler, Legal Officer, Cape York Land Council, Committee Hansard, 6 February 2014, p. 28. The Taskforce tabled a detailed proposal as well as the hunting rules developed by Mapoon community by way of example. These are available on the committee's website. See also Committee Hansard, 6 February 2014, p. 31.

[88]      Indigenous Advisory Committee, Submission 17, p. 1.

[89]      Department of Environment, Submission 9, p. 3.

[90]      Department of the Environment, Answers to Questions on Notice, received 11 February 2014, p. 5.

[91]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 44; see also Department of Environment, Submission 9, p. 3; Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 40.

[92]      Keppel and Delta Fitzroy Alliance, Submission 11, p. 3; Humane Society International, Submission 13, p. 2; ANEDO, Submission 12, p. 4.

[93]      ANEDO, Submission 12, p. 4; see also Mr Brendan Sydes, Lawyer/Executive Officer, ANEDO, Committee Hansard, 6 February 2014, p. 20.

[94]      Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 43.

[95]      See, for example, ACF, Supplementary Submission 1; Keppel and Delta Fitzroy Alliance, Submission 11, p. 3; ANEDO, Submission 12, pp 4–5.

[96]      See, for example, Ms Saffron Zomer, National Liaison Officer, ACF, Committee Hansard, 6 February 2014, p. 14; Mr Brendan Sydes, Lawyer/Executive Officer, ANEDO, Committee Hansard, 6 February 2014, pp 20–21.

[97]      See Chapter 1, and also Environment Legislation Amendment Bill, Proposed Amendments, at: http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query%3DId%3A%22legislation%2Fbillhome%2Fr5128%22 (accessed 30 January 2014).

[98]      See further Senate Environment and Communications Legislation Committee, Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012, March 2013, available at: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/Completed%20inquiries/2010-13/epbcfederalpowers/report/index (accessed 9 January 2014).

[99]      Senate Environment and Communications Legislation Committee, Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012, March 2013, recommendation 1, p. 29.

[100]    Mr Greg McIntyre SC, Law Council, Committee Hansard, 6 February 2014, pp 26–27.

[101]    Dr Kimberley Dripps, Deputy Secretary, Department of the Environment, Committee Hansard, 6 February 2014, p. 42.