House debates
Thursday, 4 July 2024
Bills
Nature Positive (Environment Law Amendments and Transitional Provisions) Bill 2024; Consideration in Detail
12:59 pm
Kylea Tink (North Sydney, Independent) Share this | Hansard source
TINK () (): by leave—I move amendments (1) to (7), as circulated in my name, together:
(1) Clause 3, page 2 (lines 13 to 17), omit the clause, substitute:
3 Objects
The objects of this Act are as follows:
(a) to establish Environment Protection Australia to support the delivery of accountable, efficient, outcomes-focused and transparent environmental regulatory decision-making;
(b) to promote public trust in environmental regulatory decision-making through:
(i) publication of comprehensive information within reasonable timeframes in relation to the decisions of the CEO of Environment Protection Australia; and
(ii) requiring transparency for those decisions; and
(iii) ensuring opportunities for the public to inform those decisions.
(2) Clause 5, page 3 (after line 18), after the definition of CEO, insert:
Charter of Consultation means an instrument made under subsection 23B(1).
(3) Clause 13, page 9 (line 4), after "by", insert "or under".
(4) Clause 13, page 9 (after line 8), at the end of subclause (2), add:
Note: Subparagraph (c)(ii) ensures that the CEO's functions include a function delegated to the CEO under another law of the Commonwealth.
(5) Clause 15, page 10 (lines 3 to 10), omit the clause, substitute:
15 Simplified outline of this Part
The Minister may give the CEO a statement of the Minister's expectations for the CEO and EPA. The CEO must respond to any such statement of expectations with a statement of intent.
The CEO must establish and maintain on EPA's website registers containing information in relation to certain decisions of the CEO (called registrable decisions), certain approvals and other actions by the CEO, and any other matters prescribed by the rules that relate to a law mentioned in section 13. These registers are to contain information to inform public participation in environmental decision making.
The CEO must make a Charter of Consultation for the CEO's decision-making when performing the CEO's functions. The CEO must have regard to that Charter, and take certain additional steps, to ensure meaningful public participation in that decision-making.
(6) Clause 18, page 13 (after line 4), after paragraph (1)(a), insert:
(aa) a register of the following:
(i) audits, compliance reports and plans of management relating to approvals under the Environment Protection and Biodiversity Conservation Act 1999;
(ii) documents relating to compliance and enforcement of approvals under that Act;
(iii) any other documents prescribed by the rules that relate to approvals, or post-approval actions, under that Act;
(7) Clause 18, page 13 (after line 6), after subclause (1), insert:
(1A) A registrable decision is to be included on the register of registrable decisions within 28 days after the day the decision is made.
I actually had the opportunity to speak about these amendments yesterday. They focus very much on the timeframe for community input that's currently within this transitional bill, as discussed with the minister and her team previously.
At the moment, the timelines in the bill are quite opaque and vary from ministerially driven through to 10 days. I'm seeking to increase that to a standard 40 days across this bill. I know that on many occasions in the past we have seen projects go through in what I think are quite unreasonable timelines, in that they're announced in the week leading up to Christmas and communities are given until the end of the first or second week in January to respond. That makes it incredibly difficult, so I commend these amendments to the House and thank the minister and her team for considering them.
Question negatived.
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