Bill
Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021
lapsed, as at 2022-07-25. Environment portfolio.
- Sponsor
- Not recorded
- Portfolio
- Environment
Recorded stages
- introduced — 2021-02-25
- second reading — 2021-02-25
- second reading — 2021-06-22
- second reading — 2021-06-23
- second reading — 2021-06-23
- committee — 2021-06-23
- third reading — 2021-06-23
- introduced — 2021-08-03
- second reading — 2021-08-03
- other — 2022-07-25
Divisions
- Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021 - Second Reading - Do not reject bill — 2021-06-23, House of Representatives: affirmative, ayes 77, noes 5
- The majority voted in favour of agreeing with the main idea of the bill. In parliamentary jargon, they voted to read it for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). This means that they can now discuss it in more detail. ### What is the bill's main idea? The bill was introduced in order to amend the [Environment Protection and Biodiversity Conservation Act 1999](https://en.wikipedia.org/wiki/Environment_Protection_and_Biodiversity_Conservation_Act_1999) (EPBC Act) in order to establish: * *a framework for making, varying, revoking and applying National Environmental Standards and* * *an Environment Assurance Commissioner (EAC) to monitor and audit the operation of bilateral agreements with the states and territories as well as to oversee Commonwealth processes under the EPBC Act for making and enforcing approval decisions.* The [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd074) sets out the following 'Key Issues' relating to the bill: * *Industry groups broadly support the Bill, including the framework for National Environmental Standards and the proposed EAC. They consider this Bill, together with the Streamlining Bill, would provide certainty and clarity while addressing regulatory duplication in environmental approvals. However, several industry groups suggest that any National Environmental Standards made under the Bill should reflect the existing requirements of the EPBC Act.* * *Other stakeholders, including environmental, legal and scientific organisations, generally do not support the Bill, expressing considerable concern. Many noted the lack of a comprehensive government response to the Final Report of the Samuel Review, and suggested that the Government was ‘cherry picking’ recommendations and making piecemeal reforms, rather than implementing the full range of ‘tranche 1’ reforms identified in the Final Repor — 2021-06-23, House of Representatives: affirmative, ayes 70, noes 65
- The majority voted in favour of *disagreeing* with [amendments](https://www.openaustralia.org.au/debates/?id=2021-06-23.148.1) introduced by Warringah MP [Zali Steggall](https://theyvoteforyou.org.au/people/representatives/warringah/zali_steggall) (Independent), which means they failed. According to MP Steggall, these amendments would "*ensure that measures to safeguard the environment are in place in relation to the Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021.*" She explained the purpose of each one in detail in her [contribution to the debate](https://www.openaustralia.org.au/debate/?id=2021-06-23.148.2). ### Amendment text > *(1) Schedule 1, item 6, page 5 (line 6), omit "may", substitute "must".* > > *(2) Schedule 1, item 6, page 5 (line 13), omit "may", substitute "must".* > > *(3) Schedule 1, item 6, page 5 (after line 16), after subsection 65C(1), insert:* > >> *(1A) Without limiting subsection (1), the standards made under that subsection must include national standards for each of the following:* >> >>> *(a) matters of national environmental significance;* >>> >>> *(b) transparent processes and robust decisions, including:* >>> >>>> *(i) judicial review; and* >>>> >>>> *(ii) community consultation; and* >>>> >>>> *(iii) adequate assessment of impacts on matters of national environmental significance, including climate impacts; and* >>>> >>> *(iv) emissions profile disclosure; and* >>>> >>>> *(v) regional planning;* >>> >>> *(c) Indigenous engagement and involvement in environmental decision making;* >>> >>> *(d) compliance and enforcement;* >>> >>> *(e) data and information;* >>> >>> *(f) environmental monitoring and evaluation of outcomes;* >>> >>> *(g) environmental restoration, including offsets;* >>> >>> *(h) wildlife permits and trade.* >> >> *(1B) The Minister must take all reasonable steps to ensure that national environmental standards are in force, and comply with subsection (1A), at all times. — 2021-06-23, House of Representatives: affirmative, ayes 70, noes 64
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2021-02-25.
This bill would make approval agreements between the Commonwealth and the states and territories rely on national environmental standards, backed by oversight and assurance systems.
It would create a legal framework for setting and changing these standards, and establish an Environment Assurance Commissioner to monitor and audit how the agreements and Commonwealth approval processes operate.
It would also let all states and self-governing territories ask for and receive advice from the IESC, in line with that body's usual role.
- The bill would establish a framework for making, varying, revoking and applying National Environmental Standards.
- It would set up an Environment Assurance Commissioner to conduct monitoring or auditing of bilateral agreements and Commonwealth approval processes.
- It would enable all states and self-governing territories to request and obtain advice from the IESC.
States, self-governing territories, and the Commonwealth agencies involved in environmental approvals and bilateral agreements.
Sources
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