The recommended reforms from the independent review of the EPBC Act are set to significantly impact both state and federal environmental assessment processes in Australia. Here’s how these changes will unfold:
Impact on Federal Assessment Processes
- Introduction of National Environmental Standards (NES):
- The NES will establish legally enforceable criteria that all projects must meet, shifting the focus from a process-driven approach to an outcomes-based framework. This aims to enhance clarity and consistency in federal assessments[1][2].
- Creation of an Independent Federal Environmental Protection Agency (EPA):
- The new EPA will take over decision-making responsibilities for development proposals currently managed by the Minister for the Environment. This change is expected to improve accountability and transparency in federal approvals, as the EPA will also handle compliance and enforcement duties[1][4].
- Streamlined Approval Processes:
- The reforms propose a “single-touch” approval process where states can become accredited to assess projects under their jurisdiction, reducing duplication between state and federal assessments. This is aimed at expediting project approvals while ensuring compliance with NES[2][3].
- Enhanced Community Engagement:
- The reforms emphasize meaningful engagement with Indigenous communities and the public, requiring project proponents to consult with stakeholders before formal applications are submitted. This aims to incorporate diverse perspectives into environmental decision-making[4][5].
Impact on State Assessment Processes
- Accreditation for State Assessments:
- States will have the opportunity to apply for accreditation, allowing them to conduct assessments under national standards. This ‘opt-in’ model is designed to streamline processes and reduce delays associated with dual assessments[3][5].
- Regional Planning Frameworks:
- The introduction of regional plans using a “traffic light” system will help identify areas of varying environmental value, guiding development approvals in a more structured manner at the state level[2][3].
- Compliance and Enforcement Responsibilities:
- While states may conduct assessments, the federal EPA will retain oversight and enforcement responsibilities, ensuring that accredited state processes adhere to national standards. This dual-layered approach aims to maintain high environmental protection standards while allowing states more flexibility in managing local projects[1][4].
- Third-Party Enforcement Rights:
- There may be expanded rights for third parties to challenge decisions made under both state and federal laws, which could lead to increased scrutiny of state-level decisions and greater accountability in environmental governance[1][4].
Conclusion
Overall, the recommended reforms from the EPBC Act review are poised to create a more integrated and efficient environmental assessment framework across Australia. By establishing clear standards and enhancing state involvement through accreditation, these reforms aim to balance environmental protection with economic development, while also fostering greater community engagement and accountability in decision-making processes.
Sources
[1] Five trends shaping environmental regulatory reform in 2024 https://www.corrs.com.au/insights/five-trends-shaping-environmental-regulatory-reform-in-2024
[2] Federal environmental law reform: What you need to know in 2023 https://www.kwm.com/au/en/insights/latest-thinking/federal-environmental-law-reform-what-you-need-to-know-in-2023.html
[3] Immediate reforms recommended by Final EPBC Act Review Report https://www.allens.com.au/insights-news/insights/2021/02/final-epbc-report-immediate-reforms-recommended/
[4] ‘Nature positive’ within reach – 2024 the year for long-awaited … https://www.edo.org.au/2024/02/29/nature-positive-within-reach-2024-the-year-for-long-awaited-national-environmental-law-reforms/
[5] Independent review of the EPBC Act: eight key recommendations https://www.allens.com.au/insights-news/insights/2020/07/independent-review-recommends-fundamental-reform-of-archaic-ineffective-epbc-act/
[6] Proposed Australian Environmental Law Reforms – White & Case LLP https://www.whitecase.com/insight-alert/proposed-australian-environmental-law-reforms
[7] Environment Protection and Biodiversity Conservation Act – Explained! – WWF-Australia | Environment Protection and Biodiversity Conservation Act – Explained! | WWF Australia https://wwf.org.au/blogs/environment-protection-and-biodiversity-conservation-act-explained/
[8] Certification of Final Report of the EPBC Act Review https://oia.pmc.gov.au/published-impact-analyses-and-reports/certification-final-report-epbc-act-review
