Transcript Document

National Environmental Impact Assessment
in Australia
Gerard Early
Deputy Secretary
Significant Changes in Last Decade
 New framework legislation:
Incorporating seven previous statutes
Setting out role of federal government vis a vis the
states and territories
Establishing cooperative and streamlined mechanisms
within the federation
 Move from self-assessment by ministers and agencies to
deliberative role for federal environment minister
 Statutory timelines
www.environment.gov.au
Need for Reform
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Thirty year old regime
Imprecise triggers – gaps and inconsistencies
Overlaps / duplication with the states and territories
Combative nature of federal / state interactions
Need for certainty – a more timely and efficient process
Lacking in contemporary notions of environmental protection
including:
Principles of ecologically sustainable development
Precautionary principle
Best practice compliance and enforcement regime
www.environment.gov.au
Process of Reform
 Council of Australian Governments:
Two year process
Formal agreement to environmental roles and
responsibilities for the federal, state and territory
governments
Identification of ‘matters of national environmental
significance’
 Then twelve month process through the federal parliament:
Substantial amendment in the Senate
www.environment.gov.au
Matters of National Environmental Significance
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World heritage properties
National heritage places
Ramsar wetlands
Threatened species and communities
Migratory species
Federal marine areas (waters within Australia’s EEZ more
than three nautical miles from the coast)
 Nuclear actions
 The Great Barrier Reef Marine Park (from November 2009)
www.environment.gov.au
The System in Practice
 Bilateral agreements for assessment in place with all states
and territories:
Only one assessment process satisfies all jurisdictions
However still issues of overlap – particularly re approvals
 Timelines generally met
 Subsequent permits etc can rely on EIA process
 Nevertheless all Australian governments concerned about
efficiency, especially in current economic climate
 Moving to more strategic assessment approaches in
cooperation with the states and territories
www.environment.gov.au
Current Review of Federal EIA
 Independent statutory review by panel of experts
commissioned in October 2008
 Extensive consultation
 Interim report released June 2009
 Final report due by end of October 2009:
To be tabled in Parliament
 Government response expected by first quarter 2010
 Implementation thereafter:
Possible legislative changes introduced during 2010
www.environment.gov.au
Some Key Themes
 Broader ecosystem based approach
 More capacity to deal effectively with cumulative and
regional issues
 More focus at the landscape and seascape scale
 Greater use of strategic assessments
 Greater transparency:
More use of inquiries and panels
 Reducing regulatory burden
 Greater streamlining
www.environment.gov.au
Thank you for listening
www.environment.gov.au