The Umwelt team has reviewed the suite of bills introduced to Parliament on 30 October.
It’s clear that numerous recommendations from the Samuel Review have been incorporated into the proposed reforms, along with greater detail on the proposed National Environmental Protection Agency and Environment Information Australia.
There are a number of key changes proposed that will influence our day-to-day work, and impact our clients in the EPBC Referral space, including:
- Provision of clear criteria around what constitutes an ‘unacceptable’ impact
- Amendments in Assessment pathways and consolidation of 3 existing assessment pathways into a single new pathway
- Setting timeframes on Not Controlled Action decisions (5 years)
- Allowing a change of assessment pathways during the assessment process
- Providing for certain minor and preparatory works to commence while the broad action is still under assessment
- Providing greater clarity and definition in key threatening processes and critical habitat
- Strengthening compliance and enforcement powers under the EPBC Act
- Proposed changes to strategic assessments will include the ability to make minor variations to an endorsed policy, plan or program (an ongoing challenge for proponents)
The Reform Bill would insert a new part into the EPBC Act to provide for Bioregional Plans, which will allow mapping a region to include both development zones and conservation zones, as well as transitional areas. If passed, actions covered by the bioregional plan can be undertaken in a development zone without requiring further approvals, with registration of the action with the Minister the only requirement. Conversely, actions in a conservation zone would not be permitted without an exemption. We’re particularly interested to see how this aspect of the proposed legislation will unfold, as we expect it will be vigorously discussed and require considerable effort to achieve.
The Reform Bill would amend the Act to ensure significant residual project impacts are compensated to a net gain. The Bill proposes the establishment of restoration contribution charges that can be paid by a proponent in lieu of a direct land offset, and will contribute to a Restoration Contributions Account for investment in strategic offsets.
We’re excited for a deeper dive into these proposed changes and seeing how the proposed reforms progress.
Questions? Umwelt’s nationwide Environment and Ecology teams are here to help. Reach out today!
