Allegra Spender (Wentworth, Independent) Share this | Hansard source

by leave—I move amendments (1) to (8), on the sheet revised on 14 June 2023, as circulated in my name, together:

(1) Clause 7, page 11 (after line 3), after the definition of engage in conduct, insert:

environmental offsetting purpose: a biodiversity certificate is used for an environmental offsetting purpose if it is used for the purpose of meeting an environmental offsetting requirement (however described) under a law of the Commonwealth, a State or a Territory.

(2) Clause 68, page 94 (after line 17), after subclause (1), insert:

(1A) The approved form of application must require the project proponent to indicate whether or not the biodiversity certificate can be used for an environmental offsetting purpose.

(3) Clause 70, page 96 (lines 2 and 3), omit subclause (3), substitute:

(3) A biodiversity certificate must:

(a) if the project proponent has indicated in the application that the certificate cannot be used for an environmental offsetting purpose—include a statement that the certificate cannot be used for an environmental offsetting purpose; and

(b) set out such other matters (if any) as are specified in the rules.

(4) Page 96 (after line 19), after clause 70A, insert:

70B Variation of biodiversity certificate in relation to envi ronmental offsetting

(1) The project proponent of a registered biodiversity project in respect of which a biodiversity certificate has been issued may request that the Regulator vary the certificate to:

(a) include a statement that the certificate cannot be used for an environmental offsetting purpose; or

(b) remove a statement that the certificate cannot be used for an environmental offsetting purpose.

(2) The Regulator must vary the certificate in accordance with the request unless:

(a) the request is to include a statement that the certificate cannot be used for an environmental offsetting purpose and the Regulator is not satisfied that the certificate is not being used for an environmental offsetting purpose; or

(b) the project proponent is not the holder of the certificate and the holder has not consented, in writing, to the requested variation.

(3) The request must be in a form approved, in writing, by the Regulator.

(5) Clause 71, page 96 (line 26), after "section 70A", insert "or 70B".

(6) Page 99 (after line 15), at the end of Division 3, add:

76A Limitation on use of biodiversity certificate for environmental offsetting

(1) If a biodiversity certificate includes a statement that the certificate cannot be used for an environmental offsetting purpose, the certificate must not be used for such a purpose.

(2) This section has effect despite any other provision of this Act or any other law of the Commonwealth, or a State or Territory.

(7) Clause 164, page 186 (after line 11), after paragraph (1)(d), insert:

(da) whether the certificate includes a statement that the certificate cannot be used for an environmental offsetting purpose; and

(db) if the certificate does not include a statement that the certificate cannot be used for an environmental offsetting purpose—the following:

(i) whether the certificate is being used for an environmental offsetting purpose;

(ii) if the certificate is being used for such a purpose, the law that creates the relevant environmental offsetting requirement; and

(8) Clause 212, page 233 (after line 19), after paragraph (f), insert:

(fa) a decision under section 70B to refuse to vary a biodiversity certificate;

Australia is blessed with an incredible natural environment, but nature is in crisis. We're the deforestation capital of the world, we're the mammal extinction capital of the world, and we are at risk of losing treasured species like the koala forever. The parliament has a responsibility and an imperative to act. I know the minister shares my passion for protecting and conserving our amazing natural environment, and I welcome the commitments the government made at COP 15 and as part of this nature positive plan. As part of this, the minister is right to point out that we need investment from more than just government to address the scale of challenges ahead.

The Nature Repair Market Bill has the potential to help mobilise the additional private sector investment that we need. That is a good thing, but there are ways in which this bill could be improved. The Samuel review made it clear that Australia's current system of biodiversity offsets is not about protecting our environment but is instead contributing to environmental decline. So the most critical improvement is clarifying how biodiversity offsets will be treated in the new market and ensuring that the nature repair market cannot become a vehicle for corporate greenwashing.

I welcome the minister's commitment to reforming our biodiversity offset laws, and I welcome her desire to ensure the standards in this new market will be even higher under the reformed EPBC. But because those EPBC reforms are not yet legislated, we need to put down some guardrails today. My amendment does this by allowing landholders to specify whether their projects can be used for offsetting or not. It has the support of the environmentalists who don't want their projects to be used to compensate for nature's destruction; it has support from investors, many of whom want to invest in conservation but are worried about being accused of greenwashing; and it allows for flexibility over time so that landholders can change their mind if circumstances evolve in the future.

This is a commonsense amendment. It empowers those who are engaged in conservation work, it provides additional clarity and assurances for business and it is aligned with the government's intention for the market. I want to thank the minister and her staff for engaging constructively with me and my team in drafting this amendment and for working with the crossbench to improve legislation before the House.

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