Antinuclear

An analysis of the Environmental Protection and Biodiversity Conservation Act by progressive think tank the Australia Institute has found only a fraction of the roughly 5500 projects referred since the act’s inception in 2000 have been challenged using “third-party appeal rights”.

Elements of the yet-to-be-released study, obtained by Fairfax Media, reveal that of those projects referred to the environment minister for assessment under the act, about 1500 have been judged to require formal assessment, with just 12 refused federal environmental approval – nine of those because they were deemed “clearly unacceptable” even before being referred for formal assessment.

And of those 5500, only 27 have been the subject of third-party legal appeals.

“Third-party appeals to the Federal Court have only affected 0.4 per cent of all projects referred under the legislation,” the Australia Institute’s executive director, Ben Oquist, said………

the government plans to amend section 487 of the Environmental Protection and Biodiversity Conservation Act to remove the power of so-called “third parties”, such as environmental groups, from intervening in referrals from the minister under that act, via the courts.

Labor and the Greens said they would not support government’s proposal, meaning the government will need the crossbench if its plan is to pass the Senate……….http://www.smh.com.au/federal-politics/political-news/review-questions-coalition-push-to-end-legal-sabotage-of-resources-projects-20150818-gj1xp3.html