PERTH (miningweekly.com) – The Australian resources sector has welcomed the release of the interim report into the independent review of the Environment Protection and Biodiversity Conservation (EPBC) Act.

The interim report sets out preliminary views on the EPBC Act and how it operates, focusing on the fundamental problems of the legislation and offering reform directions to address these.

“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,” said Professor Graeme Samuel, who is undertaking the review.

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

Samuel said that the development of National Environmental Standards should be the centerpiece for reform, setting clear and concise rules that would deliver outcomes for the environment and allow development to continue in a sustainable way.

The interim report has also recommended a review of the Indigenous cultural heritage laws to support better engagement with Indigenous Australians, and has called for greater streamlining and efficiency through devolution in a way that would provide community confidence.

The Minerals Council of Australia (MCA) has said that faster approvals, greater national cooperation and clearer guidelines on environmental management will boost jobs and investment and improve biodiversity outcomes.

“The interim report of the independent review of the EPBC Act is a significant opportunity to secure a better environment, more jobs and faster economic recovery,” said MCA CEO Tania Constable.

“The decision by the government to move on immediate opportunities raised in the report is welcome, creating an important roadmap for Australia’s post-pandemic recovery and better environmental outcomes.

“The interim report highlights the need to address unnecessary regulatory complexity and duplication – including overlapping state and federal processes which deter investment.

“The government’s commitment to develop ‘single’ touch bilateral assessment and approvals, supported by National Environmental Standards will create more certainty for investment.”

Constable said that a shift from process-driven approvals, with the by-product of unnecessary and expensive delays, to outcomes-focused regulation, based on science, would help reduce delays to minerals projects, and that a focus on clear, effective regulation would provide certainty for businesses, the community and decision-makers.

“These reforms will help Australia attract the investment needed to create jobs and support stronger and growing regional businesses and communities,” she added.

The Australian Petroleum Production and Exploration Association (Appea) said recommendations made in the interim report would help improve environmental protection while supporting the needs of businesses.

“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,” Appea CEO Andrew 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.”

A final report on the EPBC Act is expected by the end of October this year.