Antinuclear

The danger for Australia as Turnbull wants to change Australia’s environment act

None of these decisions would have been possible without the groups’ standing under Section 487 of the EPBC Act. Removing these provisions undermines the foundational objectives of Australia’s national environmental act at a time when its protective capabilities are needed most.

Turnbull wants to change Australia’s environment act – here’s what we stand to lose, The Conversation, Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin University October 31, 2016 Prime Minister Malcolm Turnbull is seeking changes to Australia’s national environment act to stop conservation groups from challenging ministerial decisions on major resource developments and other matters of environmental importance.

Turnbull is reviving a bid made by former Prime Minister Tony Abbott to abolish Section 487 of the Environment Protection and Biodiversity Conservation Act (EPBC Act) – a bid rejected in the Senate in 2015. If it goes ahead, the change will significantly diminish the functionality of the act.

The EPBC Act, introduced by the Howard government in 1999, has an established record of success. Judicial oversight of ministerial discretion, enabled by expanded standing under Section 487, has been crucial to its success.

Section 487 allows individuals and groups to challenge ministerial decisions on resources, developments and other issues under the EPBC Act. An organisation can establish standing by showing they have engaged in activities for the “protection or conservation of, or research into, the environment” within the previous two years. They must also show that their purpose is environmental protection.

Repealing this provision would remove the standing of these groups to seek judicial review of decisions. Standing would then revert to the common law position. That means parties would need to prove they are a “person aggrieved” by showing that their interests have been impacted directly.

Many environmental groups will be unable to satisfy the common law test, leaving a very small group of people with the right to request judicial review – essentially, the right to check that federal ministerial power under the EPBC Act has been exercised properly.

This is likely to have a devastating impact on fragile ecological systems and biodiversity conservation strategies.

This is particularly concerning given the dramatic changes affecting the environment from the expansion of onshore resource development and the acceleration of climate change.

Why do we have the EPBC Act?

The EPBC Act was designed to promote the introduction of ecologically sustainable resource development. This means federal environment ministers must take into account the economic, environmental and social impacts of proposals.

The EPBC Act is triggered and developments require Federal approval when they affect:

• World heritage sites
• National heritage sites
• Wetlands
• Threatened species and ecological communities
• Migratory species
• Nuclear actions, and
• Commonwealth marine areas.

Since its implementation, Section 487 has proved critical to the success of significant achievements in environmental protection and management. Here are just a few examples.

The Nathan Dam case

The Nathan Dam case handed down in 2004 tested the protective scope of the EPBC Act……..

The Wielangta Forest case

In the 2006 Wielangta Forest case Senator Bob Brown of the Australian Greens argued that Forestry Tasmania’s operations were having a significant impact on three threatened species: the Tasmanian Wedge-Tailed Eagle, the broad-toothed stag beetle and the Swift Parrot……

The Japanese whaling case

The case brought by Humane Society International Inc (HSI) against Kyodo Senpaku Keisha Ltd (Kyodo) tested the scope of the EPBC Act to protect endangered species in international waters……

The Carmichael coal mine cases

In 2014 and 2015 two cases were brought challenging the decision of the Federal Environment Minister, Greg Hunt, to approve the Carmichael coal mine. The coal mine, one of the world’s largest, was to be developed by a subsidiary of the Indian company, Adani…..

None of these decisions would have been possible without the groups’ standing under Section 487 of the EPBC Act. Removing these provisions undermines the foundational objectives of Australia’s national environmental act at a time when its protective capabilities are needed most. https://theconversation.com/turnbull-wants-to-change-australias-environment-act-heres-what-we-stand-to-lose-67696

October 31, 2016 - Posted by Christina Macpherson | AUSTRALIA - NATIONAL, environment, politics