Login
EPBC Act in need of reform, says Law Council
The Law Council of Australia (LCA) has called for a review of the EPBC Act, after the Honourable Tanya Plibersek MP released findings that the health of Australia’s environment is poor and deteriorating.
Jess Feyder
The 2021 State of the Environment Report (SoE Report) was released on 19 July 2022 by the Honourable Tanya Plibersek, Minister for the Environment and Water. Its findings show the deteriorating health of Australia’s environment due to the impacts of climate change, mining, pollution, invasive species, and habitat loss.
The EPBC Act holds the objective of protecting the environment and promoting the conservation of biodiversity. The final report of the Independent Review of the EPBC Act (Samuel Report) was provided to the Australian government in October 2020, with findings that the act is ineffective and that necessary outcomes for the environment are unachievable under current laws.
The LCA commented that while it is commendable that the Australian government is committing to decarbonise the economy to reduce emissions, there will be an immediate impact on the natural environment through increased mining activity for critical minerals needed for renewable energy and from the construction and operation of renewable energy projects.
“A robust and reformed EPBC Act is needed to ensure that the right balance is achieved in the interests of the environment, business and the community,” said the LCA.
The LCA stated that they are encouraged by minister Plibersek’s commitment to respond to the Samuel Report this year, and they emphasise the need for the report recommendations to be implemented in full.
“The Samuel Report made 38 highly interconnected recommendations and set out a pathway to reform in three tranches,” Mr Liveris said.
The three tranches state that reforms should be prioritised and implemented completely within three years. The recommendations are composed under 11 headings. These and several key recommendations are outlined below:
-
National protection and conservation of the environment
-
National Environment Standards should be developed and considered in project development proposals
-
The EPBC Act should be amended to deliver more effective environmental protection and management
-
Indigenous culture and heritage
-
The value of Indigenous views and knowledge is recognised and harnessed
-
The Commonwealth government should initiate a comprehensive review of cultural heritage protections
-
Reducing legislative complexity
-
Trust in the EPBC Act
-
The EPBC Act should recast a series of statutory committees to plan and oversee the creation of the National Environment Standards
-
Interactions with states and territories;
-
Commonwealth decisions and interactions with other Commonwealth laws
-
Accreditation, audit and independent oversight
-
All areas should be transparent, and subject to independent oversight
-
Effective planning should account for cumulative impacts and past and future key threats, and build environmental resilience
-
Planning and restoration
-
Compliance and enforcement
-
National Environment Standards should be legally enforceable
-
The Commonwealth should retain the ability to intervene in project-level compliance and enforcement
-
Data, information and systems
-
Environmental monitoring, evaluation and reporting
Both the Samuel Report and the SoE Report refer to the damaging impact of climate change on the state of the environment. They underline the need for development, approval, and other processes to be established by the EPBC Act, and for the impacts of climate change and climate change solutions to account for the impact on the natural environment.
