Announcement date
8 December 2022
Link to announcement
Media statement: Labor’s Nature Positive Plan: better for the environment, better for business | Ministers (dcceew.gov.au)
Problem being addressed
Australia’s natural environment and iconic places are in an overall state of decline and are under increasing threat. An independent review of Australia’s national environment law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), found that the law was ineffective and needed fundamental reform to address current and future environmental challenges.
The Independent Review of the EPBC Act (the Samuel Review) was conducted by Professor Graeme Samuel AC and completed in October 2020. It was undertaken in accordance with section 522A of the EPBC Act, which requires an independent review of the Act at least every 10 years. The review assessed the operation of the Act and the extent to which the objectives within the Act had been achieved. The Review made 38 recommendations.
Proposal
On 8 December 2022 Minister Plibersek released the Australian Government response to the Samuel Review, Nature Positive Plan: better for the environment, better for business. The Nature Positive Plan fully responds to the recommendations of the Samuel Review, and sets out the government’s commitment to reform Australia’s environment laws to better protect, restore and manage the environment.
Key reforms include: delivering National Environmental Standards, improving environmental data and information, progressing regional planning, improving conservation planning, reform of approaches to environmental offsets and enhancing First Nations partnerships to give First Nations peoples a stronger voice in our system of environmental protection.
The response also includes key elements of the government’s commitments to establish an independent Environment Protection Agency (EPA). While the mechanism of an EPA was not a specific recommendation of the review, the key outcomes it is seeking to achieve - to provide assurance and restore public trust in our national environment law – align with the review’s recommendations.
Assessed Impact Analysis outcome
Consistent with the Government’s Impact Analysis requirements, the Department of Climate Change, Energy, the Environment, and Water (DCCEEW) certified the final report of the Independent Review of the EPBC Act as meeting the requirements of a Regulation Impact Statement (RIS) – now known as an Impact Analysis (IA) – to support the actions specified in the government’s response.
Assessment comments
The Office of Impact Analysis (OIA) does not assess the quality of independent reviews,but does assess relevance. The OIA assessed that the options analysed in the certified report are sufficiently relevant to the Government’s proposed activities.
Regulatory Burden
DCCEEW notes that there will be no change to regulatory costs associated with the finalisation of the government response to the Review, however regulatory impacts are expected when these reforms are implemented.
The full range of impacts to the Australian community – including regulatory changes and other benefits and costs – will be measured as part of detailed design of the reforms and legislative changes. Estimates of these impacts will be prepared by DCCEEW and published by the OIA following the introduction of the relevant legislation.