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Miners raise concern around new EPA

8th December 2022

By: Esmarie Iannucci

Creamer Media Senior Deputy Editor: Australasia

     

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PERTH (miningweekly.com) – The federal government on Thursday announced the establishment of an independent Environment Protection Agency (EPA) as part of its reforms of the  Environment Protection and Biodiversity Conservation (EPBC) Act.

Environment and Water Minister Tanya Plibersek has announced the government’s response to Professor Graeme Samuel’s 2019 review of the EPBC Act, which found that the Act was outdated and required "fundamental reform".

“Nature is being destroyed. Businesses are waiting too long for decisions. That’s bad for everyone. Things have to change,” the Minister said on Thursday.

“We want an economy that is nature positive – to halt decline and repair nature.

“We will build our legislation on three basic principles: clear national standards of environmental protection, improving and speeding up decisions, and building trust and integrity.”

Plibersek said that the government’s Nature Positive Plan would deliver stronger laws designed to repair and protect the natural environment, and would for the first time introduce standards that had to be met.

The new EPA would make development decisions and would have the power to enforce them, Plibersek said.

For business, the Nature Positive Plan will deliver more certainty, saving time and money with faster and clearer decisions around developments, identifying regions that will be protected from development, and lessening red tape by streamlining and consolidating the project assessment process.

The Minister said that legislation to amend the EPBC Act would be released as an exposure draft prior to being introduced to Parliament before the end of 2023.

The Minerals Council of Australia (MCA) has expressed concern over the plans to extend the powers of a national EPA to include approvals, saying it would lead to a further slowing of investment in projects and new biodiversity conservation initiatives at a critical time for the Australian economy and environment.

“More than ever Australia needs to attract investment in minerals development which supports local jobs and businesses and national objectives including transformation to net-zero emissions and minerals security,” MCA CEO Tania Constable said.

“Less complex, efficient and timely approval processes for industry will be key to providing the certainty to invest and creating a framework for supporting biodiversity conservation. Instead, the federal government has gone beyond its election commitments by proposing to outsource critical decision-making on environmental approvals to an unelected, unaccountable approvals body.

“This significant policy departure will reduce ministerial accountability and increases uncertainty for industry,” Constable said.

“Environmental approvals require assessing environmental, social and economic and national interest matters for which a Minister should be accountable.

“The Australian minerals industry is committed to the preservation of Australia’s unique environment. The MCA supported many reforms laid out before the election to improve outcomes for both the environment and business that supported sustainable development.

“The unexpected shift threatens to overshadow other welcome changes in the Commonwealth’s response to the review by Professor Graeme Samuel into the EPBC Act.”

Constable noted that the MCA supported reforms to streamline regulation, enabled through regional planning and the accreditation of state and territory assessments and decision-making.

“Providing conservation payments in environmental offsets, outcomes-based approval requirements and improved environmental data are all also welcome as are promises to streamline nuclear action approvals.

“The details of proposed changes will need to be carefully developed in consultation with stakeholders to avoid inadvertent impacts. Business was already concerned about surprise changes workplace relations changes and speculation about increased taxation since the election, and further unexpected restraints on investment will be counterproductive,” Constable said.

The Association of Mining and Exploration Companies (Amec) has urged the government to handle the reworking of the environmental regulatory system carefully.

“To invest, a company needs certainty and transparency of what the regulatory framework is, and how it works. In the last two months the Commonwealth Government has begun to substantially rewrite the rule book,” said Amec CEO Warren Pearce.

“If not approached carefully, a National EPA could directly duplicate the work of state and territory EPAs and create further regulatory burden for little, if any, improved environmental outcomes.

“Our industry doesn’t oppose strong protections, and we are not advocating for less environmental or cultural heritage protections. What we want to see is greater efficiency in the assessment and approvals process, to reduces costs and delays for industry.”

“None of these announcements look likely to achieve this or deliver more streamlined processes. In fact, when these reforms are looked at together it appears quite the opposite.

“If this proves to be the case, then it will hurt Australia’s standing as a globally competitive and attractive destination for inbound investment,” Pearce said.

“It’s critical that the Commonwealth looks at the approvals framework holistically, and looks at all the requirements and protections in place, across state, territory and Commonwealth level. Delivering an approval bilateral for state and Commonwealth approvals must be a priority for the government, as it offers the best chance of reducing unnecessary duplication.”

The Chamber of Minerals and Energy of Western Australia (CME) on Thursday said that it would work with its member companies to review the government’s response and understand the implications it might have on the approvals landscape and project pipeline in the region.

“We have A$87-billion in medium- and long-term projects in the Western Australian pipeline, projects essential for the supply of energy, renewables, critical minerals and metals needed to deliver on Australia’s commitment to meeting net-zero emissions by 2050,” CME CEO Rebecca Tomkinson said.

“Project approvals are an extremely significant factor in whether these projects can come online in the timeframes we need them to, to meet these commitments. With that in mind, we welcome the federal government’s stated intention to streamline approval processes and look forward to understanding how the reforms will deliver on this, noting the proposed introduction of a national EPA and existing duplication between state and Commonwealth processes.

“Progression of bilateral approvals, a key recommendation from the Samuels Review that CME has publicly supported, will also be absolutely critical to keep project timeframes workable and deliver on Australia's decarbonisation commitments,” Tomkinson said.

“I know the Western Australian government has previously stated its commitment to act on this as well. The mining and resources sector looks forward to working with environmental authorities in Western Australia as they seek to gain the accreditation under National Environmental Standards that will facilitate one-touch approvals.

“Noting Western Australia’s stringent environmental standards and robust regulatory approvals processes, CME would like to see accreditation for approval of bilateral agreements implemented as soon as possible,” she added.

Edited by Creamer Media Reporter

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