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EPBC Bilateral Agreement
Type of vote: Motion (Final Motion) - final vote
Moved by: Greens
Wednesday, 26 August 2020
|Greens||Hickey, Labor, Liberals, Ogilvie|
A Motion being made and the Question being proposed —That the House:—
(1) Notes on 12 August 2020, the Federal Minister for Environment, Hon. Sussan Ley MP, published in the Mercury the Australian Government’s intention to develop a draft bilateral agreement under s. 46 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC) with the State of Tasmania.
(2) Further notes a bilateral agreement under s. 46 allows for actions, or a class of actions, to not require EPBC approval for the purposes of a Part 3 (matters of national environmental significance) provision.
(3) Understands that a bilateral agreement could easily ensure developments that infringe on world heritage properties and national heritage matters of national significance would effectively no longer require an EPBC approval.
(4) Further notes a recent court ruling by the Resource Management and Planning Appeal Tribunal (RMPAT), upheld by the Supreme Court, found the Court does not have the jurisdiction to review the Reserve Activity Assessment (RAA) process.
(5) Further notes the weakness of the current RAA process, and a looming s. 46 bilateral agreement, will soon lead to a situation where large elements of developments in Parks are unappealable and effectively entirely up to the Government’s discretion.
(6) Calls on the Government to not enter into a bilateral agreement under s. 46 of the EPBC Act.