Chapter 1 - Introduction

[1]        Journals of the Senate, No. 9–11 October 2016, pp. 290–291.

[2]        Department of the Environment and Energy, 'What is protected under the EPBC Act?', http://www.environment.gov.au/epbc/what-is-protected (accessed 17 October 2017).

[3]        A useful flowchart of all the key steps can be found at: Department of the Environment and Energy, 'Environment assessment process', http://www.environment.gov.au/epbc/publications/environment-assessment-process-flowchart  (accessed 17 October 2017).

[4]        Department of the Environment and Energy, 'Independent review of the Environment Protection and Biodiversity Conservation Act 1999', http://www.environment.gov.au/legislation/environment-protection-and-biodiversity-conservation-act/epbc-review-2008 (accessed 17 October 2017); Dr Allan Hawke AC, The Australian Environment Act, Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009, Department of the Environment Water, Heritage and the Arts.

[5]        Department of the Environment and Energy, 'Australian Government response to the Report of the independent review of the Environment Protection and Biodiversity Conservation Act 1999', http://www.environment.gov.au/resource/australian-government-response-report-independent-review-environment-protection-and (accessed 17 October 2017).

[6]        Department of Water and Environmental Regulation, 'Legislation', https://www.der.wa.gov.au/about-us/legislation (accessed 17 October 2017).

[7]        An example of a state-based assessment and approval process can be found at: Environmental Protection Authority, 'Step-by-step through the proposal assessment process', http://www.epa.wa.gov.au/step-step-through-proposal-assessment-process (accessed 17 October 2017).

[8]        The Hon Greg Hunt MP, Minister for the Environment, 'One-stop shop approved by Government', Media Release, 16 October 2013, http://www.environment.gov.au/minister/hunt/2013/pubs/mr20131016.pdf (accessed 17 October 2017); Department of the Environment and Energy, 'One-Stop Shop for environmental approvals', http://www.environment.gov.au/epbc/one-stop-shop (accessed 17 October 2017).

[9]        Department of the Environment, Regulatory Cost Savings Under the One-Stop Shop for Environmental Approvals, September 2014, p. 1, http://www.environment.gov.au/system/files/resources/c3954859-fca6-4728-a97b-c17f90f6142c/files/regulatory-cost-savings-oss.pdf (accessed 17 October 2017).

          Also see: Australian Chamber of Commerce and Industry, Submission 9, p. 2, which argued that the regulatory savings are likely to be far higher than $426 million.

[10]      Department of the Environment and Energy, 'One-Stop Shop for environmental approvals', http://www.environment.gov.au/epbc/one-stop-shop (accessed 17 October 2017).

Chapter 2 - Key issues

[1]        For example: Roy Hill Holdings Pty Ltd, Submission 6, p. 2; Minerals Council of Australia, Submission 14, p. 1, which supported minimum effective regulation.

[2]        For example: Simon Bennison, Chief Executive Officer, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, pp. 16–17; Stedman Ellis, Chief Operating Officer (WA), Australian Petroleum Production and Exploration Association, Committee Hansard, 22 August 2017, p. 31; David Stoate, Chairman, Kimberley Pilbara Cattlemen's Association, Committee Hansard, 22 August 2017, p. 36.

[3]        Roy Hill Holdings Pty Ltd, Submission 6, Attachment 1, p. 2. The submission supported 'minimum effective regulation' (as defined). Also see: Association of Mining and Exploration Companies, Submission 7, p. 3 (for similar comments in respect of mining and mineral exploration); Minerals Council of Australia, Submission 14, p. 13.

[4]        Institute of Public Affairs, Submission 2, p. 2 and Attachment 1, p. 2.

[5]        For example: East Kimberley Chamber of Commerce and Industry, Submission 4; Stedman Ellis, Chief Operating Officer (WA), Australian Petroleum Production and Exploration Association, Committee Hansard, 22 August 2017, p. 30; Roy Hill Holdings Pty Ltd, answer to questions on notice (received 12 September 2017).

[6]        Institute of Public Affairs, Submission 2, p. 3.

[7]        Roy Hill Holdings Pty Ltd, Submission 6, Attachment 2; Association of Mining and Exploration Companies, Submission 7, p. 3.

[8]        Simon Bennison, Chief Executive Officer, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, pp. 17–18

[9]        This survey ranks jurisdictions globally for geologic and policy attractiveness: Fraser Institute, Annual Survey of Mining Companies, 2016, February 2017, https://www.fraserinstitute.org/categories/mining (accessed 17 October 2017).

[10]      Minerals Council of Australia, Submission 14, p. 6.

[11]      Kimberley Pilbara Cattlemen's Association, Submission 10, p. 5.

[12]      Department of the Environment and Energy, 'Terms of reference', http://www.environment.gov.au/legislation/environment-protection-and-biodiversity-conservation-act/epbc-review-2008/about-review-0 (accessed 17 October 2017).       

[13]      Dr Allan Hawke AC, The Australian Environment Act, Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009, Department of the Environment Water, Heritage and the Arts, p. iii.

[14]      Dr Allan Hawke AC, The Australian Environment Act, Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009, Department of the Environment Water, Heritage and the Arts, p. 20.

[15]      Environment Protection and Biodiversity Conservation Amendment Act 2013 (Cth)

[16]      Institute of Public Affairs, Submission 2, p. 5. Also see: Simon Bennison, Chief Executive Officer, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, p. 12; Stedman Ellis, Chief Operating Officer (WA), Australian Petroleum Production and Exploration Association, Committee Hansard, 22 August 2017, p. 35.

[17]      Association of Mining and Exploration Companies, Submission 7, p. 7; Minerals Council of Australia, Submission 14, p. 14.

[18]      Brendan Pearson, Chief Executive, Minerals Council of Australia, Committee Hansard, 22 August 2017, p. 32.

[19]      Association of Mining and Exploration Companies, Submission 7, p. 7.

[20]      Dr Allan Hawke AC, The Australian Environment Act, Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009, Department of the Environment Water, Heritage and the Arts, pp. 99–100.

[21]      Brendan Pearson, Chief Executive, Minerals Council of Australia, Committee Hansard, 22 August 2017, p. 33. Also see: Nuclear Fuel Cycle Royal Commission, Nuclear Fuel Cycle Royal Commission Report, May 2016, p. xiv, https://yoursay.sa.gov.au/pages/nuclear-fuel-cycle-royal-commission-report-release/ (accessed 17 October 2017).

[22]      Simon Bennison, Chief Executive Officer, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, p. 13.

[23]      Minerals Council of Australia, Submission 14, p. 3. Also see: Simon Bennison, Chief Executive Officer, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, p. 13.

[24]      Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014, Explanatory Memorandum, p. 2.

[25]      Stephen Hunter, Independent Review of the Water Trigger Legislation, April 2017, p. 10, http://www.environment.gov.au/system/files/resources/905b3199-4586-4f65-9c03-8182492f0641/files/water-trigger-review-final.pdf (accessed 17 October 2017).

[26]      Roy Hill Holdings Pty Ltd, Submission 6, p. 5.

[27]      Dr Allan Hawke AC, The Australian Environment Act, Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009, Department of the Environment Water, Heritage and the Arts, Recommendation 4, p. 28.

[28]      For example: Australian Taxpayers' Alliance, Submission 3, p. 2; ACT Government, Submission 11, p. 1. 

[29]      Minerals Council of Australia, Submission 14, p. 13. Also see: Association of Mining and Exploration Companies, Submission 7, p. 6.

[30]      Association of Mining and Exploration Companies, Submission 7, p. 6 (emphasis in the original). Also see: ACT Government, Submission 11, p. 1.

[31]      Institute of Public Affairs, Submission 2, Attachment 1, p. 6. Also see: Association of Mining and Exploration Companies, Submission 7, p. 7; Brendan Pearson, Chief Executive, Minerals Council of Australia, Committee Hansard, 22 August 2017, p. 34, who considered that there is a lack of trust between federal/state regulators.

[32]      Environmental Defenders' Offices of Australia, Submission 13, p. 4.

[33]      Australian Chamber of Commerce and Industry, Submission 9, p. 1. Also see: Environmental Defenders' Offices of Australia, Submission 13, Attachment 1, p. 1.

[34]      Productivity Commission, Major Project Development Assessment Processes, November 2013, Recommendation 7.1, https://www.pc.gov.au/inquiries/completed/major-projects/report (accessed 17 October 2017); Senate Environment and Communications Legislation Committee, Inquiry into the Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014 and Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Bill 2014, June 2014, p. 37, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/EPBC_Bilats_and_cost_recovery_Bills (accessed 17 October 2017).

[35]      Stuart Smith, Chief Executive Officer, National Offshore Petroleum Safety and Environmental Management Authority, Committee Hansard, 22 August 2017, p. 24.

[36]      Stuart Smith, Chief Executive Officer, National Offshore Petroleum Safety and Environmental Management Authority, Committee Hansard, 22 August 2017, p. 24.

[37]      Stuart Smith, Chief Executive Officer, National Offshore Petroleum Safety and Environmental Management Authority, Committee Hansard, 22 August 2017, p. 24.

[38]      Stedman Ellis, Chief Operating Officer (WA), Australian Petroleum Production and Exploration Association, Committee Hansard, 22 August 2017, p. 30.

[39]      Stedman Ellis, Chief Operating Officer (WA), Australian Petroleum Production and Exploration Association, Committee Hansard, 22 August 2017, p. 35.  Also see: p. 30.

[40]      Stuart Smith, Chief Executive Officer, National Offshore Petroleum Safety and Environmental Management Authority, Committee Hansard, 22 August 2017, p. 28.

[41]      Council of Australian Governments, Meeting Communiqué, 2 May 2014, https://www.coag.gov.au/meeting-outcomes/coag-meeting-communiqu%C3%A9-2-may-2014 (accessed 17 October 2017).

[42]      COAG Energy Council, Meeting Communiqué, 1 May 2014, http://www.coagenergycouncil.gov.au/sites/prod.energycouncil/files/publications/documents/EC%201.%20Energy%20Council%20Communique%20-%20Final%20-%201%20May%202014.pdf (accessed 17 October 2017).

[43]      For example: Australian Chamber of Commerce and Industry, Submission 9, p. 1.

[44]      Minerals Council of Australia, Submission 14, p. 2. Also see: Institute of Public Affairs, Submission 2, p. 7.

[45]      Minerals Council of Australia, Submission 14, p. 19.

[46]      Roy Hill Holdings Pty Ltd, Submission 6, p. 4.

[47]      Minerals Council of Australia, Submission 14, p. 20.   

[48]      Julian Hill, Senior Legal Counsel and Head of External Affairs, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 2.

[49]      East Kimberley Chamber of Commerce and Industry, Submission 4, p. 10.

[50]      John Wynne, Manager, Environment and Approvals, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 3. Also see: Brendan Pearson, Chief Executive, Minerals Council of Australia, Committee Hansard, 22 August 2017, p. 34.

[51]      Brendan Pearson, Chief Executive, Minerals Council of Australia, Committee Hansard, 22 August 2017, p. 33.

[52]      David Stoate, Chairman, Kimberley Pilbara Cattlemen's Association, Committee Hansard, 22 August 2017, p. 34.

[53]      John Wynne, Manager, Environment and Approvals, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 3.

[54]      Australian Pesticides and Veterinary Medicines Authority, 'Conditions of Approval or registration and label approval', https://apvma.gov.au/node/989 (accessed 17 October 2017).

[55]      Council of Australian Governments, Meeting Communiqué, 10 October 2014, https://www.coag.gov.au/meeting-outcomes/coag-meeting-communiqu%C3%A9-10-october-2014 (accessed 17 October 2017). Also see: Cameron Grebe, Head of Division, Environment, National Offshore Petroleum Safety and Environmental Management Authority, p. 29, who discussed 'objective based regulation'.

[56]      Dr Allan Hawke AC, The Australian Environment Act, Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009, Department of the Environment Water, Heritage and the Arts, p. 14.

[57]      Dr Allan Hawke AC, The Australian Environment Act, Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, October 2009, Department of the Environment Water, Heritage and the Arts, Recommendation 1, p. 27.

[58]      Department of Sustainability, Environment, Water, Population and Communities, Australian Government response to the Report of the independent review of the Environment Protection and Biodiversity Conservation Act 1999, 2011, p. 7.

[59]      Institute of Public Affairs, Submission 2, p. 2. Also see: Roy Hill Holdings Pty Ltd, Submission 6, Attachment 2, p. 4; Australian Chamber of Commerce and Industry, Submission 9, p. 2; Minerals Council of Australia, Submission 14, pp. 1 and 10.

[60]      Michael Anstey, General Manager, People and Health, Safety and Environment, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 7. Also see: Roy Hill Holdings Pty Ltd, Roy Hill Environmental Reporting Timeframes, tabled document (received 22 August 2017).

[61]      See for example: National Farmers' Federation, Submission 8, Attachment 1, pp. 1 and 3–4.

[62]      Minerals Council of Australia, Submission 14, p. 11.

[63]      Environmental Defenders' Offices of Australia, Submission 13, p. 2, which cautioned that 'assessing the role of environmental law is not about number of pages' but the purpose of the legislation.

[64]      Minerals Council of Australia, Submission 14, p. 2.

[65]      Australian Chamber of Commerce and Industry, Submission 9, p. 2.

[66]      For example, a criterion is that the organisation or association has engaged in a series of protection, conservation or research activities within the preceding two years.

[67]      For example: Institute of Public Affairs, Submission 2, p. 3–5; Association of Mining and Exploration Companies, Submission 7, p. 8; Minerals Council of Australia, Submission 14, p. 21.

[68]      Institute of Public Affairs, Submission 2, Attachment 2, p. 7.

[69]      Environmental Defenders' Officers of Australia, Submission 13, p. 3. Also see: Attachment 2.

[70]      Minerals Council of Australia, Submission 14, p. 3. Also see: Simon Bennison, Chief Executive Officer, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, p. 13.

[71]      Simon Breheny, Director of Policy, Institute of Public Affairs, Committee Hansard, 22 August 2017, p. 44. Also see: Graham Short, National Policy Manager, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, pp. 12–13, who commented also on the extensive use of state/territory appeal processes.

[72]      Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015, Explanatory Memorandum, p. 1.

[73]      Association of Mining and Exploration Companies, Submission 7, p. 10.

[74]      Simon Bennison, Chief Executive Officer, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, p. 14.

[75]      Graham Short, National Policy Manager, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, p. 14.

[76]      Tony Seabrook, President, Pastoralists and Graziers Association of WA, Committee Hansard, 22 August 2017, p. 38.

[77]      Stedman Ellis, Chief Operating Officer (WA), Australian Petroleum Production and Exploration Association, Committee Hansard, 22 August 2017, p. 32.

[78]      Darcy Allen, Research Fellow, Institute of Public Affairs, Committee Hansard, 22 August 2017, p. 45. Also see: Simon Breheny, Director of Policy, Institute of Public Affairs, Committee Hansard, 22 August 2017, p. 45, who illustrated this principle in the context of native vegetation.

[79]      Stedman Ellis, Chief Operating Officer (WA), Australian Petroleum Production and Exploration Association, Committee Hansard, 22 August 2017, p. 32.

[80]      Department of the Environment and Energy, Annual Report 2015–2016, 2016, p. 263, http://www.environment.gov.au/system/files/resources/a20f84e9-22c0-4d18-b834-807c737895ad/files/annual-report-2015-16-full.pdf (accessed 17 October 2017).

[81]      For example: East Kimberley Chamber of Commerce and Industry, Submission 4, pp. 3 and 4–9; ACT Government, Submission 11, p. 1.

[82]      BAEconomics, The economic gains from streamlining the process of resource projects approval, July 2014, p. 3, http://www.baeconomics.com.au/wp-content/uploads/2014/10/Gains-from-reduced-delays-7Aug14.pdf (accessed 17 October 2017). The report noted that concurrently this would also create more than 69 000 jobs: p. 4.

[83]      BAEconomics, The economic gains from streamlining the process of resource projects approval, July 2014, p. 5, http://www.baeconomics.com.au/wp-content/uploads/2014/10/Gains-from-reduced-delays-7Aug14.pdf (accessed 17 October 2017).

[84]      Minerals Council of Australia, Submission 14, p. 7.

[85]      Roy Hill Holdings Pty Ltd, Submission 6, p. 4. Concerns about regulatory delays extended also to significant variations on proposed projects: Julian Hill, Senior Legal Counsel and Head of External Affairs, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 2; Michael Anstey, General Manager, People and Health, Safety and Environment, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 5.

[86]      John Wynne, Manager, Environment and Approvals, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, pp. 4 and 9.

[87]      Michael Anstey, General Manager, People and Health, Safety and Environment, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 9.

[88]      Australian Chamber of Commerce and Industry, Submission 9, p. 1

[89]      Michael Anstey, General Manager, People and Health, Safety and Environment, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 4.

[90]      Julian Hill, Senior Legal Counsel and Head of External Affairs, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 8.

[91]      Emma Salerno, Treasurer, Kimberley Pilbara Cattlemen's Association, Committee Hansard, 22 August 2017, p. 37. Also see: Tony Seabrook, President, Pastoralists and Graziers Association of WA, Committee Hansard, 22 August 2017, p. 38, who said that commercial arrangements in respect of leased land must be acknowledged.

[92]      Darcy Allen, Research Fellow, Institute of Public Affairs, Committee Hansard, 22 August 2017, p. 46.

[93]      Simon Breheny, Director of Policy, Institute of Public Affairs, Committee Hansard, 22 August 2017, p. 46. Also see: Darcy Allen, Research Fellow, Institute of Public Affairs, Committee Hansard, 22 August 2017, p. 47.

[94]      Minerals Council of Australia, Submission 14, p. 6.

[95]      David Stoate, Chairman, Kimberley Pilbara Cattlemen's Association, Committee Hansard, 22 August 2017, p. 36.

[96]      Jill Williams, President, East Kimberley Chamber of Commerce and Industry, Committee Hansard, 22 August 2017, p. 21.

[97]      Tony Seabrook, President, Pastoralists and Graziers Association of WA, Committee Hansard, 22 August 2017, p. 37.

[98]      NAJA Business Consulting Services, Land Tenure Framework, Policy Position Statement, Kimberley Regional Group, January 2017, p. 12.

[99]      Emma Salerno, Treasurer, Kimberley Pilbara Cattlemen's Association, Committee Hansard, 22 August 2017, p. 40.

[100]    David Stoate, Chairman, Kimberley Pilbara Cattlemen's Association, Committee Hansard, 22 August 2017, p. 40.

[101]    East Kimberley Chamber of Commerce and Industry, Submission 4, p. 4.

[102]    Kimberley Pilbara Cattlemen's Association, Submission 10, p. 5.

[103]    Roy Hill Holdings Pty Ltd, Submission 6, p. 4. Also see: Julian Hill, Senior Legal Counsel and Head of External Affairs, Roy Hill Holdings Pty Ltd, Committee Hansard, 22 August 2017, p. 2; Emma Salerno, Treasurer, Kimberley Pilbara Cattlemen's Association, Committee Hansard, 22 August 2017, p. 42.

[104]    Graham Short, National Policy Manager, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, p. 15.

[105]    Simon Bennison, Chief Executive Officer, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, p. 16.

[106]    Graham Short, National Policy Manager, Association of Mining and Exploration Companies, Committee Hansard, 22 August 2017, pp. 15–16.

[107]    Council of Australian Governments, Meeting Communiqué, 2 May 2014, https://www.coag.gov.au/meeting-outcomes/coag-meeting-communiqu%C3%A9-2-may-2014 (accessed 17 October 2017).

[108]    See: Australian National Audit Office, Implementing the Deregulation Agenda: Cutting Red Tape, Report No. 29 of 2015–2016, 2015, https://www.anao.gov.au/work/performance-audit/implementing-deregulation-agenda-cutting-red-tape (accessed 17 October 2017); Department of the Environment, Environment Portfolio Deregulation Report 2014, 2015, http://www.environment.gov.au/about-us/accountability-reporting/deregulation-report  (accessed 17 October 2017).

[109]    East Kimberley Chamber of Commerce and Industry, Submission 4, p. 3; Kimberley Pilbara Cattlemen's Association, Submission 10, pp. 11–12.

[110]    ACT Government, Submission 11, p. 2.

[111]    Kimberley Pilbara Cattlemen's Association, Submission 10, p. 10.

[112]    East Kimberley Chamber of Commerce and Industry, Submission 4, p. 6.