Wentworth Group of Concerned Scientists

Federal Nature Positive EPA Bill and associated bills – Senate Inquiry Submission

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The Wentworth Group was invited to attend a public hearing and make a submission to the Environment and Communications Legislation Committee inquiry into the three Nature Positive Bills introduced to parliament as part of tranche 2 of the Government’s Nature Positive reforms.

The three Bills seek to: a) establish a statutory agency to be known as Environment Protection Australia (EPA), which will have decision-making functions and powers under nine environmental laws; b) establish the Senior Executive Service position of Head of Environment Information Australia (EIA), who will be responsible for defining a baseline for nature positive and reporting towards a nature positive Australia; and, c) make a raft of amendments to nine environmental laws to transfer a range of powers and functions to the CEO of the EPA. They also seek to increase criminal and civil penalties, add new compliance and enforcement powers and amend ‘stop the clock’ provisions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The public hearing was held on Friday 26th July 2024.

The Wentworth Group submission

The Wentworth Group’s submission provides a number of recommendations to improve the three Bills and ensure that Australia’s national environmental laws are better equipped to deliver substantive, measurable, positive outcomes for matters of national environmental significance (MNES). The submission includes draft legislative amendments for two of our recommendations for the Committee’s consideration. Key recommendations are as follows:

  1. Environment Protection Australia must have clear objectives and a robust governance framework, and be empowered to better protect MNES through the strengthening of key provisions under the EPBC Act.
  2. Environment Information Australia must be appropriately equipped to measure Australia’s progress towards becoming ‘nature positive’.
  3. If Australia is to become nature positive, assessment and approval decisions made under the EPBC Act must deliver a net positive outcome for MNES. (draft amendment provided)
  4. To turn around the trajectory of the >2000 nationally-listed threatened species and ecological communities, the EPBC Act must prevent death by a thousand cuts. (draft amendment provided)
  5. To improve decision-making and deliver better environmental outcomes, consideration of Indigenous knowledge, values and ambitions for Caring for Country must be embedded in the EPBC Act.
  6. Significant environmental benefits could be derived from addressing a number of other shortcomings and gaps identified in the EPBC Act.

Submission

 

 

Author

Wentworth Group of Concerned Scientists