The interim report into the review of the Environment Protection and Biodiversity Conservation Act 1999 has been released and focuses on the fundamental inadequacies of the EPBC Act and proposes key reform directions to address them.

The Independent Reviewer, Professor Graeme Samuel AC said the EPBC Act is ineffective.

“It does not enable the Commonwealth to protect and conserve environmental matters that are important for the nation. It is not fit to address current or future environmental challenges.”

“The EPBC Act results in duplication with state and territory environment laws. The Commonwealth process for assessing and approving developments is slow, complex to navigate and costly for business. Slow and cumbersome regulation results in significant additional costs for business, with little appreciable benefit for the environment.”

Professor Samuel said new, legally enforceable National Environmental Standards should be the centre piece of reform—setting clear and concise rules that deliver outcomes for the environment and enable development to continue in a sustainable way.

“The development of National Environment Standards should be a priority reform measure. Interim Standards could be developed immediately, followed by an iterative development process as more sophisticated data becomes accessible. Standards should focus on detailed prescription of outcomes, not process.”

He said this will mean that the community and business can know what to expect, supporting clear and consistent decisions, regardless of who makes them.

“Where states and territories can demonstrate their systems can deliver environmental outcomes consistent with the Standards, responsibilities should be devolved, providing faster and lower cost development assessments and approvals.”

APPEA Chief Executive Andrew McConville said the recommendation for consistent national environmental standards focused on outcomes rather than process will help improve environmental protection while supporting businesses’ needs.

“While we still need time to consider the Interim Report in detail, the headline recommendations are a welcome outcome for both improved environmental protection while reducing the costly regulatory burden to business.  The approach proposed should help improve outcomes for all stakeholders and today’s report is a step in the right direction,” Mr McConville said.

“This is a once in a decade opportunity to get it right.  We are encouraged by the discussions we’ve had with environment groups during the review process and we are committed to continuing to work with these groups and the Government as the process plays out.

“Overlapping requirements between states and the Commonwealth and widespread duplication of processes between the Commonwealth and states do not help to protect the environment but often causes unnecessary delays increasing the costs for development.

“The EPBC water trigger is a key example of such duplication, and though we are disappointed that the review recommends the water trigger be retained, the options identified to apply the trigger more efficiently are a positive step.”

Mr McConville said the report’s intention to establish clear national environmental standards focused on outcome rather than process, will provide greater flexibility when circumstances change while ensuring environmental protection is maintained.

“This will improve certainty for business proponents, environmental groups and communities.  We all share a desire to improve certainty – for the environment, for business, and for community amenity,” Mr McConville said.

Professor Samuel also said that the EPBC Act had failed to fulfil its objectives as they relate to Indigenous Australians.

“Sustained engagement with Indigenous Australians is needed to properly co-design reforms that are important to them.

“Much more needs to be done to respectfully incorporate valuable Traditional Knowledge of Country in how the environment is managed.

“Indigenous Australians seek, and are entitled to expect, greater protection of their heritage,” Professor Samuel said.

“Extra effort is needed to invest in improving the condition of the environment. This means the EPBC Act needs a firmer focus on avoiding impacts where possible and increasing the area of nationally important habitats. This will allow future development to be sustainable.

Professor Samuel’s Final Report, including recommendations to government, is due to be delivered to the Minister for the Environment by 31 October 2020.