Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012
Submission Date: 18 January 2013
The Law Council of Australia provided a submission to the Senate Standing Committee on Environmental & Communications in relation to the Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012.
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the principal piece of national legislation directed at protecting Australia’s environment. The EPBC Act was developed following recognition in both the 1992 and 1997 Intergovernmental Agreements for the Environment of the important role for the Federal Government in matters of international and national environmental significance. The EPBC Act identifies the following matters of national environmental significance (MNES):
- World Heritage properties;
- National Heritage places;
- Wetlands of international importance (‘Ramsar wetlands’);
- Listed threatened species and ecological communities;
- Migratory species protected under international agreements;
- Commonwealth marine areas;
- Great Barrier Reef Marine Park; and
- Nuclear actions (including uranium mines).
These MNES are subject to international commitments and their protection and management is of national concern, extending beyond the interests of any one state. As a consequence, it was considered appropriate to require approval from the Federal government before any action can be taken that is likely to adversely impact on any of the listed matters.
The EPBC Act provides for bilateral agreements between the states and the Commonwealth to accredit each other’s assessment and approval processes (see ss 4548).
The Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012 proposes changes to remove the power for the Federal government to enter into bilateral agreements which delegate approval powers under the EPBC Act to State governments (State approval bilaterals).
The proposed amendment responds to reform proposals adopted by the Council of Australian Governments (COAG) in April 2012.1
Implementation of State approval bilaterals would essentially remove any role for the Commonwealth government in the assessment and approval of actions likely to impact on MNES.
The Law Council urges the application of the non-regression principle in any assessment of environmental law reform. Consistent with that principle, and in the absence of any assurance that state legislation offers equivalent protections, we support the retention of approval responsibilities under the EPBC Act by the Federal government.
1 The announcement made by Prime Minister prior to the COAG meeting on 7 December 2012 made it clear that proposed accreditation of state approval processes has now been deferred.
Last Updated on 30/04/2025
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