23rd Jun 2021, 7:40 PM – Representatives Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021 - Consideration in Detail - Environmental safeguards

The majority voted in favour of disagreeing with amendments introduced by Warringah MP Zali Steggall (Independent), which means they failed.

According to MP Steggall, these amendments would "ensure that measures to safeguard the environment are in place in relation to the Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021." She explained the purpose of each one in detail in her contribution to the debate.

Amendment text

(1) Schedule 1, item 6, page 5 (line 6), omit "may", substitute "must".

(2) Schedule 1, item 6, page 5 (line 13), omit "may", substitute "must".

(3) Schedule 1, item 6, page 5 (after line 16), after subsection 65C(1), insert:

(1A) Without limiting subsection (1), the standards made under that subsection must include national standards for each of the following:

(a) matters of national environmental significance;

(b) transparent processes and robust decisions, including:

(i) judicial review; and

(ii) community consultation; and

(iii) adequate assessment of impacts on matters of national environmental significance, including climate impacts; and

(iv) emissions profile disclosure; and

(v) regional planning;

(c) Indigenous engagement and involvement in environmental decision making;

(d) compliance and enforcement;

(e) data and information;

(f) environmental monitoring and evaluation of outcomes;

(g) environmental restoration, including offsets;

(h) wildlife permits and trade.

(1B) The Minister must take all reasonable steps to ensure that national environmental standards are in force, and comply with subsection (1A), at all times.

(4) Schedule 1, item 6, page 8 (lines 12 and 13), omit ", being a decision or thing that is determined in an instrument under subsection (4),".

(5) Schedule 1, item 6, page 8 (line 27) to page 9 (line 7), omit subsections 65H(4) to (6).

(6) Schedule 1, item 6, page 8 (lines 15 to 26), omit subsections 65H(2) and (3), substitute:

(2) In considering whether the decision or thing is not inconsistent with a national environmental standard, the person must:

(a) apply the standard directly to the particular decision or thing; and

(b) be able to demonstrate that the person has applied the standard in that way.

(7) Schedule 1, item 6, page 9 (lines 8 to 22), omit subsections 65H(7) to (9), substitute:

Exception national interest

(7) The Minister may, by legislative instrument, determine that subsection (1) does not apply to the making of a decision, or the doing of a thing, if he or she is satisfied that exempting the decision or thing from subsection (1) is necessary in the interests of:

(a) Australia's defence or national security; or

(b) preventing or dealing with (including mitigating the effects of) a national emergency.

(8) Schedule 1, item 8, page 10 (line 21), omit "and subsection 65H(5)".