Sophie Scamps (Mackellar, Independent) Share this | Hansard source

I move the amendments:

SHEET 1

(1) Clause 2, page 2 (at the end of the table), add:

(2) Schedule 1, page 5 (before line 8), before item 2, insert:

1A Section 11

Omit "it is taken in accordance with Regional Forest Agreements or".

(3) Schedule 1, item 85, page 16 (after line 3), after subsection 33(1), insert:

(1A) However, the Minister must not make a declaration under subsection (1) in relation to forestry operations.

(4) Schedule 1, item 115, page 38 (line 28), at the end of section 37, add:

; and (f) the action is not a forestry operation.

(5) Schedule 1, page 38 (after line 28), after item 115, insert:

115A Divisions 4 and 6 of Part 4

Repeal the Divisions.

(6) Schedule 1, item 117, page 39 (after line 11), after subsection 46(1), insert:

(1A) However, a bilateral agreement must not make a declaration under subsection (1) in relation to forestry operations.

(7) Schedule 1, item 117, page 39 (after line 17), after subsection 46(2), insert:

(2A) However, the Minister must not accredit a management or authorisation framework in relation to forestry operations.

(8) Schedule 1, page 64 (after line 20), after item 157, insert:

157A After subsection 68(1)

Insert:

Note: See also section 68B if the proposal involves clearing native vegetation.

(9) Schedule 1, page 64 (after line 23), after item 158, insert:

158A Subsection 68A(5)

After "subsection 68(1) or (2)", insert ", or subsection 68B(2),".

158B After section 68A

Insert:

68B Clearing native vegetation in certain areas requires referral

(1) This section applies to a proposal to take any of the following actions:

(a) an action that includes clearing one or more areas of native vegetation that total 20 hectares or more;

(b) an action that, together with one or more other actions, includes clearing one or more areas of native vegetation that:

(i) total 20 hectares or more; and

(ii) are on the same property;

(c) an action, that together with one or more other actions over a period of up to 2 years, includes clearing one or more areas of native vegetation that:

(i) total 20 hectares or more; and

(ii) are on the same property or on adjoining properties.

Note 1: For the meaning of action, see section 523.

Note 2: For paragraphs (b) and (c), the actions need not all be carried out by the same person.

(2) A person proposing to take the action for an area of native vegetation must refer the proposal to the Minister for the Minister's decision under subsection 75(1), whether or not the action is a controlled action, if:

(a) a listed threatened species is known, or likely, to occur within the area; or

(b) a listed threatened species' habitat is known, or likely, to occur within the area; or

(c) a listed migratory species is known, or likely, to occur within the area; or

(d) a listed migratory species' habitat is known, or likely, to occur within the area; or

(e) a listed threatened ecological community is known, or likely, to occur within the area; or

(f) the area is wholly or partly within a Great Barrier Reef catchment area.

The referral must comply with subsection (3).

Civil penalty:

(a) for an individual-1,000 penalty units; or

(b) for a body corporate-10,000 penalty units.

(3) The referral complies with this subsection if the referral specifies each provision of Part 3 that the person reasonably considers is, or may be, a controlling provision for the action.

Note: A controlling provision for the action may be:

(a) if paragraph (2)(a), (b) or (e) applies for the action-section 18 or 18A; or

(b) if paragraph (2)(c) or (d) applies for the action-section 20 or 20A; or

(c) if paragraph (2)(f) applies for the action-section 24B or 24C.

(4) Nothing in this section limits the operation of any other provision of this Act or prevents clearing of native vegetation from being a controlled action under any other provision of this Act.

Note: Clearing native vegetation may be a controlled action (see section 67) even if subsection (2) does not apply. Similarly, a proposal to clear native vegetation may need to be referred to the Minister (see section 68) even if subsection (2) does not apply.

(10) Schedule 1, page 70 (after line 25), after item 169, insert:

169A After subsection 75(2B)

Insert:

(2C) In deciding whether a proposed action that includes clearing of native vegetation is a controlled action, the Minister must consider the cumulative impacts of native vegetation clearing on each relevant matter protected by a provision of Part 3 as impacts of the action.

(11) Schedule 1, page 84 (after line 25), after item 193, insert:

193A After subsection 87(3)

Insert:

(3B) In deciding which assessment approach must be used for a proposed action that includes clearing of native vegetation, the Minister must consider the cumulative impacts of native vegetation clearing on each relevant matter protected by a provision of Part 3 as impacts of the action.

(12) Schedule 1, page 98 (after line 20), after item 235, insert:

235A After paragraph 136(2)(fa)

Insert:

(fb) if the action includes clearing of native vegetation, the Minister must consider the cumulative impacts of native vegetation clearing on each relevant matter protected by a provision of Part 3 as impacts of the action; and

(13) Schedule 1, item 291, page 137 (line 9), omit "section 133.", substitute "section 133; and".

(14) Schedule 1, item 291, page 137 (after line 9), after paragraph 157A(1)(b), insert:

(c) the action is not a forestry operation.

(15) Schedule 1, item 292, page 142 (after line 18), after subsection 157H(2), insert:

(2A) However, the Minister must not grant an exemption in relation to forestry operations.

(16) Schedule 1, item 323, page 160 (after line 4), after subsection 177AA(3), insert:

(3A) A bioregional plan must not permit forestry operations.

(17) Schedule 1, item 604, page 361 (before line 10), before the definition of Commonwealth entity, insert:

clearing, of native vegetation, means one or more of the following:

(a) cutting down, felling, thinning, logging or removing native vegetation;

(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation;

(c) severing, topping or lopping branches, limbs, stems or trunks of native vegetation;

(d) substantially damaging or injuring native vegetation in any other way.

(18) Schedule 1, page 361 (after line 22), after item 605, insert:

605A Section 528 (definition of continuation )

Repeal the definition.

(19) Schedule 1, item 614, page 366 (after line 20), after the definition of national interest proposal in section 528, insert:

native vegetation means one or more native plants, including native plants that are:

(a) trees (including saplings, shrubs or scrubs); or

(b) understorey plants; or

(c) groundcovers; or

(d) found in a wetland; or

(e) lichens.

(20) Page 473 (after line 19), at the end of the Bill, add:

Schedule 4 — Repeal of the Regional Forest Agreements Act 2002

Regional Forest Agreements Act 2002

1 The whole of the Act

Repeal the Act.

SHEET 2

(1) Schedule 1, item 77, page 14 (lines 17 and 18), omit the item.

(2) Schedule 1, item 85, page 16 (line 13), omit "the Minister is satisfied that".

(3) Schedule 1, item 104, page 25 (lines 20 to 24), omit all the words from and including "(1) If" to and including "instrument", substitute:

(1) If, in relation to a declaration in force under section 33 a situation mentioned in subsection (2) exists or will arise, or any requirements prescribed by the regulations for the purposes of this subsection are met, the Minister must, by written instrument:

(4) Schedule 1, item 117, page 39 (line 22), omit "the Minister is satisfied that".

(5) Schedule 1, item 121, page 47 (line 1) to page 48 (line 3), omit section 48B.

(6) Schedule 1, item 237, page 99 (lines 5 and 6), omit "the Minister is satisfied that".

(7) Schedule 1, item 237, page 99 (lines 32 and 33), omit "the Minister is satisfied that".

(8) Schedule 1, item 237, page 100 (line 34) to page 101 (line 1), omit "the Minister is satisfied that".

(9) Schedule 1, item 571, page 315 (lines 16 to 21), omit subsection 514YD(2), substitute:

(2) A national environmental standard must:

(a) promote the objects of this Act; and

(b) not be inconsistent with Australia's obligations under the international agreements specified in subsection 520(3).

(10) Schedule 1, item 571, page 317 (lines 1 to 10), omit subsections 514YF(2) and (3), substitute:

(2) The variation or revocation of a national environmental standard must:

(a) promote the objects of this Act; and

(b) not be inconsistent with Australia's obligations under the international agreements specified in subsection 520(3).

(11) Schedule 1, item 571, page 317 (line 12) to page 318 (line 2), omit subsections 514YG(1) to (3), substitute:

(1) A variation or revocation of a national environmental standard:

(a) must not reduce protections of the environment; and

(b) must not reduce the likelihood that environmental data or information provided to the Minister, Secretary, Department or a Commonwealth agency under this Act or the regulations is appropriate, including as to quality, for the purposes for which it is provided; and

(c) must not reduce the likelihood that appropriate consultation or engagement (including with Indigenous persons) will occur under the Act; and

(d) must not reduce the likelihood that outcomes or objectives specified in the standard will be achieved; and

(e) meet the prescribed requirements (if any).

(12) Schedule 1, item 571, page 319 (lines 26 and 27), omit "a decision prescribed by the regulations for the purposes of this subsection", substitute "a relevant decision".

(13) Schedule 1, item 571, page 320 (line 1), omit "may", substitute "must".

These amendments address multiple issues. Firstly, they remove the sections of the bill that hand federal responsibility to the states regarding fossil fuel developments that affect water resources. In October of 2023, together with Senator Hanson-Young in the Senate, I introduced a bill to expand the existing water trigger in the EPBC Act to include unconventional gas projects, and later that year the government finally responded, expanding the water trigger to cover unconventional gas projects through the Nature Repair Bill. That was a massive win for our nature, for wildlife and for future generations, but now we are being taken backwards. The Environment Protection Reform Bill 2025 will give power back to the state and territory governments to make decisions about large coalmining and unconventional gas projects that affect groundwater reserves or waterways, rather than the federal government. Numerous experts and environmental organisations have warned that the states and territories are likely to favour developments which they profit from over the environment. Handing approval powers back to the state and territory governments, as this bill does, puts Australia's waterways, groundwater and agriculture at even greater risk from coal and gas fracking projects.

My amendments also address native forest logging and deforestation. First, they repeal the exemption for the regional forestry agreements in the EPBC Act; second, they repeal what is called the continuous use exemption; third, they insert a new provision that makes clear that, for any area over 20 hectares where threatened or migratory species may exist, actions must be referred for assessment under the national EPBC Act; and, fourth, they prohibit forestry operations from being allowed through bioregional plans and bilateral agreements and prohibit national interest exemptions from applying to forestry operations.

Australia is facing a deforestation crisis. We are the only developed nation on the global list of deforestation hotspots, and we hold the record for the highest number of mammal extinctions. It was very sad to hear that we have just clocked up our 39th extinction. Despite the minister saying that the regional forestry agreements will be subject to the new environmental standards, there is no mechanism in this bill to achieve that. These amendments are urgent, and they are possible. We cannot delay, and our wildlife cannot wait.

Finally, these amendments strengthen decision-making in the proposed reforms by shifting subjective provisions and language towards an objective decision-making framework. The Samuel review found that a fundamental shortcoming of the current EPBC Act is that it does not provide sufficient constraints on discretion, resulting in uncertainty and poor environmental outcomes. With key decisions and tests throughout the bill dependent on whether the minister is satisfied something is the case or whether an action is not inconsistent with something, this bill risks entrenching the very weaknesses of the current EPBC Act that have allowed Australia's environment to decline so sharply and seriously.

With 19 ecosystems on the brink of collapse and an extinction and deforestation crisis in this country right now, the subjective language that pervades this bill simply does not provide a guarantee that, in another 25 years, the situation for Australia's nature will not be even worse. We cannot allow this to happen when we know full well the power and influence that industry lobbying can exert. We simply cannot leave it to an unknown future individual's discretion, the minister of the day's, to ensure our incredible nature is protected. I commend all these amendments to the House.

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