Senate debates

Tuesday, 28 October 2025

Bills

Environment Protection and Biodiversity Conservation Amendment (Board of Management Functions) Bill 2025; Second Reading

1:15 pm

Photo of Richard DowlingRichard Dowling (Tasmania, Australian Labor Party) Share this | Hansard source

I also rise to speak in support of the Environment Protection and Biodiversity Conservation Amendment (Board of Management Functions) Bill 2025. The bill is brief, but its impact is significant. It protects the continuity, partnership and integrity of joint management of our most iconic national parks: Kakadu, Uluru-Kata Tjuta and Booderee. At its heart, the bill safeguards two things that Australians deeply value: good governance and respect for country. It ensures that boards of management can continue to make lawful, practical decisions, even when a management plan expires, which is a small but crucial legislative fix to prevent disruption.

Under the current EPBC Act, each management plan expires after 10 years. When one does, the board of management immediately loses its power to act. The management plans for the Booderee and Kakadu national parks are due to expire in November this year and January 2026 respectively. So, without this bill, both boards would be, in effect, legally paralysed, unable to approve fire management, visitor safety or cultural access work. This was never the intention of parliament. The Director of National Parks would be forced to act alone, therefore breaking the spirit of joint management and interrupting the vital involvement of traditional owners, who do guide the stewardship of their country. That is the governance gap that this bill closures.

The bill strengthens Indigenous decision-making. Each board has a majority Indigenous membership, nominated by traditional owners under section 377 of the EPBC Act. Their knowledge and cultural authority guide the work of rangers and park managers every day. In fact, the Department of Climate Change, Energy, the Environment and Water has said the bill supports 'the effective participation of Indigenous people in decision-making about the management of jointly managed Commonwealth reserves' and that it allows continuity of governance arrangements for Commonwealth reserve management. The bill ensures that responsibilities around fire management, the protection of cultural sites and visitation can continue lawfully and respectfully until new management plans take effect.

Traditional owners bring to their work thousands of years of knowledge around caring for country. Their understanding of land, water, fire and seasons is not an adjunct to science; it's actually its foundation. Across Australia, Indigenous led management delivers stronger environmental outcomes, from savanna burning in the north to the landscape restoration in the south. Of course, in my home state of Tasmania we recognise the Palawa and Pakana peoples as the traditional owners and custodians of Lutruwita. Their enduring connection to country and role in protecting Tasmania's national parks and cultural heritage enrich how we understand conservation. National parks are living cultural landscapes, and, when traditional owners have a genuine say in their care, our entire nation benefits.

Consultation with the boards of management, Northern Land Council, Central Land Council and Wreck Bay Aboriginal Community Council has confirmed strong support for this bill. The Law Council of Australia says the bill is 'a practical solution to a practical problem'. The Australian Airports Association acknowledged the bill's intent to 'provide continuity of decision-making' and 'avoid governance gaps'.

The consequence of not acting should be considered as well. If parliament fails to pass this bill before management plans expire, the consequences would be immediate and damaging. The boards would lose authority, traditional owners would be excluded from decisions affecting their land, and the Commonwealth could face significant legal uncertainty if decisions are made without clear statutory power. Beyond the legal risk lies the practical reality. Vital environmental management—fire control, weed management, visitor safety and cultural site protection—could all be delayed, so there is a real, practical consequence to this bill. Delaying such things as fire control or weed management is an unacceptable risk for communities who rely on these parks for their livelihood, heritage and identity. Failing to act would also undermine confidence in the government's broader environmental law reforms and the commitment to reconciliation. It would contradict the recommendations of the Samuel review, which urged greater empowerment of Indigenous partners in managing Commonwealth reserves.

The bill is both principled and practical. It keeps national parks well-governed, ensures Indigenous partners remain central to management and strengthens the link between cultural knowledge and environmental care. In doing so, it honours the traditional owners of Kakadu, Uluru and Booderee and the Palawa and Pakana people of my home state of Tasmania, whose custodianship reminds us that caring for country is both an environmental and a moral duty. I commend this bill to the Senate.

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