Helen Haines (Indi, Independent) Share this | Hansard source

by leave, I move amendments (1) to (19), as circulated in my name, together:

(1) Schedule 1, item 168, page 69 (line 12) to page 70 (line 22), omit the item.

(2) Schedule 1, item 194, page 85 (line 10), at the end of subsection 87(5), add:

; and (c) the national environmental standards dealing with community engagement and consultation, First Nations Peoples and community consultation and environmental impact assessment have been complied with as relevant.

(3) Schedule 1, item 320, page 158 (lines 17 and 18), omit "30 business days", substitute "60 business days".

(4) Schedule 1, item 323, page 161 (line 18), at the end of subsection 177AD(2), add:

; (g) high value agricultural land;

(h) drinking water catchment areas.

(5) Schedule 1, item 323, page 165 (after line 22), after paragraph 177AL(1)(a), insert:

(aa) a copy of the bioregional plan strategic assessment report prepared in accordance with subsection (1A); and

(6) Schedule 1, item 323, page 165 (line 25), omit "30 business days", substitute "60 business days".

(7) Schedule 1, item 323, page 165 (after line 25), after subsection 177AL(1), insert:

(1A) Before the Minister publishes a draft bioregional plan under subsection (1), the Minister must prepare a bioregional plan strategic assessment report that identifies the conservation and recovery priorities for the bioregion and considers the cumulative impacts of any proposed activities under the bioregional plan, and meets the requirements prescribed in the regulations.

(8) Schedule 1, item 323, page 169 (line 8), at the end of section 177AP, add:

; (g) that the bioregional plan does not compromise high value agricultural land or drinking water catchments.

(9) Schedule 1, item 323, page 175 (lines 7 and 8), omit "30 business days", substitute "60 business days".

(10) Schedule 1, item 323, page 182 (line 24), omit "30 business days", substitute "60 business days".

(11) Schedule 1, item 323, page 182 (line 31), omit "30 business days", substitute "60 business days".

(12) Schedule 1, item 323, page 187 (line 5), omit "regulations." substitute "regulations; and".

(13) Schedule 1, item 323, page 187 (after line 5), after paragraph 177BN(2)(d), insert:

(e) be accompanied by evidence of compliance with the national environmental standards dealing with community engagement and consultation, First Nations Peoples and community consultation and environmental impact assessment.

(14) Schedule 1, item 323, page 195 (line 16), omit "30 business days", substitute "60 business days".

(15) Schedule 1, item 571, page 315 (line 14), omit "may", substitute "must".

(16) Schedule 1, item 571, page 315 (after line 15), after subsection 514YD(1), insert:

(1A) Without limiting subsection (1), the national environmental standards must deal with the following:

(a) community engagement and consultation;

(b) First Nations Peoples and community consultation;

(c) environmental impact assessment;

(d) other standards the minister determines.

(17) Schedule 1, item 571, page 316 (after line 15), at the end of section 514YD, add:

(7) The national environmental standard dealing with community engagement and consultation must set out engagement and consultation processes required to be undertaken for:

(a) a referral seeking streamlined assessment under Division 5A of Part 8; and

(b) a request to be made to take a priority action in a development zone specified in a bioregional plan under section177BN.

(18) Schedule 1, page 342 (after line 27), after item 587, insert:

587A At the end of Subdivision B of Division 1 of Part 23

Add:

525A High value agricultural land and drinking water catchments

In this Act:

drinking water catchment has the meaning prescribed by the regulations.

high value agricultural land has the meaning prescribed by the regulations.

(19) Schedule 1, item 678, page 385 (lines 5 to 10), omit the item.

My amendments seek to do three main things: (1) embed best-practice community engagement and consultation through the EPBC Act, (2) protect high-value agricultural land and drinking water catchments within bioregional plans, and (3) stop minor or preparatory works from starting on projects still pending assessment as a controlled action. Graeme Samuel's 2020 review rightly identified the need to improve community participation in decision-making processes. My amendments will require the minister to create national environmental standards for community engagement and consultation and First Nations participation and engagement, and to create an environmental impact assessment.

Firstly, the community engagement and consultation standard will need to set out a process for engagement and consultation for referrals seeking streamlined assessments and priority actions in development zones. Furthermore, priority action projects seeking approval within a development zone will be required to provide evidence of their compliance with this standard. Quick approvals under streamlined assessment processes and as priority actions should not brush over community engagements. My amendments give a clear signal to developers that community engagement is important and necessary to receive project approval. I know there is an industry appetite for this. Ultimately, it encourages project developers to do better and get a result faster. It also lays out a procedure to give guidance to developers and communities on what to expect in the community engagement process.

As these bills currently stand, the timeframe for allowing community consultation on draft or changed bioregional plans is neither sufficient nor fair for communities to give considered feedback. My amendments will increase the timeframe allotted for community feedback from 30 days to 60 days. Community engagement and consultation offers additional knowledge and perspectives and improves the qualities of decisions made. This must be prioritised. These amendments are good for communities, good for proponents and good for the environment.

Secondly, my amendments aim to ensure that bioregional plans are truly strategic and effectively prioritise competing land use demands. They will require the minister to consider the conservation and recovery priorities as well as the cumulative impacts of any proposed activities when creating bioregional plans. Importantly, my amendments also require the minister to consider high-value agricultural land and drinking water catchments, defining development zone boundaries within bioregional plans. Our land is a precious and limited resource, and we must be strategic in how we prioritise its use.

Finally, my amendments remove a loophole the government is seeking to add to the EPBC Act that would allow proponents awaiting assessment on a controlled action to start 'minor or preparatory' works before the minister's assessment. The only requirement for this work to commence is a note from the minister. There are huge swathes of ministerial discretion in this legislation. This additional discretionary power is not necessary and poses unjustified risks to the quality and integrity of environmental assessments.

My amendments will improve trust and integrity in the EPBC Act, which is important. They are made constructively and in good faith. I call on the government to support these amendments to help get our environmental reforms right. While I acknowledge that the government won't be accepting these amendments in this House today, I have had really good conversations with the minister, and I really value those. He has listened carefully. So, while I understand that the amendments won't be accepted at this point, I do urge the government to keep looking at this, thinking about it carefully and consulting on it. I hope I see some amendments of this nature happen throughout the Senate process.

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