National Environmental Impact Assessment in AustraliaGerard EarlyDeputy Secretary

www.environment.gov.au

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

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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 developmentPrecautionary principle Best practice compliance and enforcement regime

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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

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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)

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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

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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

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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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Thank you for listening