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

I move the amendment as circulated in my name:

(1) Page 13 (after line 24), after clause 20, insert:

20A Publication of reasons

If a registrable decision is published on the register of registrable decisions, the reasons for the decision must also be published on the register.

My amendment to this bill continues the theme of transparency, this time for the new NEPA. Under this bill, the NEPA will pay a central role in approving, assessing and enforcing environmental decisions. These decisions will help shape the health of our environment and the credibility of the new system. Yet, as the bill stands, the NEPA is only required to publish notice of a decision, not the reasoning behind it. Earlier, I spoke about my amendment to the EPBC bill, which would require the environment minister to publish a statement of reasons for decisions made under the act. This amendment mirrors that change. If NEPA is to be the trusted independent body that the community expects, its decisions must be clear, consistent and explainable. My amendment would require the agency to publish a short statement of reasons for each significant decision, particularly any approval, rejection or enforcement.

Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

I thank the member for the issues that have been raised. The government will not be supporting this amendment. Thousands of decisions are made under the EPBC Act every year, including things like issuing permits. Many decisions that would be published in the register are routine. Therefore, it would be undue administrative burden to require reasons to be published in every single circumstance. The current reforms, and specifically section 232 of the bill, provide that recommendation reports for approval decisions are published. This is an improvement on the current process that we have, where interested parties need to apply for a statement of reasons.

Angie Bell (Moncrieff, Liberal National Party, Shadow Minister for Youth) Share this | Link to this | Hansard source

Thank you for the opportunity to speak to this bill and to this set of bills. I wasn't able to speak on consideration in detail on this bill before the House, because the government shut me down. I'm not going to get the opportunity to ask the minister representing the minister for the environment the long list of questions that I had to ask. And now I'm going to be allowed just a couple of minutes to say why we do not agree with these bills in their current form. I understand I'm speaking to a bill around administration that is linked to the reform bill. I understand the procedure and that we are speaking to the amendment. But what I would like to do is highlight the difficulties with this bill from the opposition's point of view.

I have stakeholders on both sides—on the conservation side and on business, industry and productivity—coming to me saying that this is not workable for them. And what I would like to put to the House and to Australians across the country is that the coalition has been shut down time and time again today when we've been trying to talk about the flaws in this group of bills.

I want to talk to the environmental protection authority, which will now have sweeping powers. It'll have a CEO that will not be able to be fired by the minister. If the CEO of the EPA is not performing very well, there will be no scrutiny from the minister.

There are some other problems with this bill. Unacceptable impacts in the bills—

Milton Dick (Speaker) Share this | Link to this | Hansard source

I'm sorry to interrupt the member for Moncrieff, but this amendment is very prescriptive regarding registrable decisions. It's not a general debate. The member for Wentworth has moved her specific amendment, which is about 20A, publication of reasons. It's not a general debate, I'm sorry to inform you; it'll have to be about what is before the House, and the question I've stated is specifically about the member's amendment. It's very technical.

Angie Bell (Moncrieff, Liberal National Party, Shadow Minister for Youth) Share this | Link to this | Hansard source

I understand, thank you, that amendment and how technical it is. There are very many technicalities in these bills. There are technicalities in all of the bills. There are administrative bills. There are seven bills in total, in fact, and the coalition hasn't had the opportunity to speak even to the reform bill in the House, apart from the second reading debate. There are many technicalities in this bill, covering many areas of problems. The EPA, the unacceptable impacts, the net gain and the streamlined pathways are all technicalities in this bill that need to be addressed.

Judging by its shutdown that we've seen today of democratic debate, this is not a government that looks like it is prepared to do any negotiation at all around these bills. There are technicalities that will have unintended consequences throughout all of these bills, which this government doesn't seem prepared to hear about—on these EPBC reforms. It's important.

Milton Dick (Speaker) Share this | Link to this | Hansard source

The time has concluded.

Question negatived.

The question before the House is that the bill be agreed to.

Milton Dick (Speaker) Share this | Link to this | Hansard source

The member for Mitchell on a point of order?

Alex Hawke (Mitchell, Liberal Party, Shadow Minister for Industry and Innovation) Share this | Link to this | Hansard source

The Leader of the House earlier made a point about staff in the despatch box. I want to draw to your attention that the staff were laughing at our member at the despatch box in the government box, and that behaviour is unacceptable as well.

Milton Dick (Speaker) Share this | Link to this | Hansard source

I caution all staff in the advisers box and remind them that they are guests of the parliament. I want to ensure that all staff know that there are processes and proper procedures to follow while they are advising. I thank the manager.