National Environmental Impact Assessment in Australia Gerard Early Deputy Secretary

Significant Changes in Last Decade New framework legislation: Incorporating seven previous statutes Setting out role of federal government vis a vis the states and territories Establishing cooperative and streamlined mechanisms within the federation Move from self-assessment by ministers and agencies to deliberative role for federal environment minister Statutory timelines

Need for Reform Thirty year old regime Imprecise triggers – gaps and inconsistencies Overlaps / duplication with the states and territories Combative nature of federal / state interactions Need for certainty – a more timely and efficient process Lacking in contemporary notions of environmental protection including: Principles of ecologically sustainable development Precautionary principle Best practice compliance and enforcement regime

Process of Reform Council of Australian Governments: Two year process Formal agreement to environmental roles and responsibilities for the federal, state and territory governments Identification of ‘matters of national environmental significance’ Then twelve month process through the federal parliament: Substantial amendment in the Senate

Matters of National Environmental Significance World heritage properties National heritage places Ramsar wetlands Threatened species and communities Migratory species Federal marine areas (waters within Australia’s EEZ more than three nautical miles from the coast) Nuclear actions The Great Barrier Reef Marine Park (from November 2009)

The System in Practice Bilateral agreements for assessment in place with all states and territories: Only one assessment process satisfies all jurisdictions However still issues of overlap – particularly re approvals Timelines generally met Subsequent permits etc can rely on EIA process Nevertheless all Australian governments concerned about efficiency, especially in current economic climate Moving to more strategic assessment approaches in cooperation with the states and territories

Current Review of Federal EIA Independent statutory review by panel of experts commissioned in October 2008 Extensive consultation Interim report released June 2009 Final report due by end of October 2009: To be tabled in Parliament Government response expected by first quarter 2010 Implementation thereafter: Possible legislative changes introduced during 2010

Some Key Themes Broader ecosystem based approach More capacity to deal effectively with cumulative and regional issues More focus at the landscape and seascape scale Greater use of strategic assessments Greater transparency: More use of inquiries and panels Reducing regulatory burden Greater streamlining

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