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Changes to standing provisions under the Environment Protection and Biodiversity Conservation Act

Stakeholder request – Department of the Environment

On 20 August 2015 the Government introduced the Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015. The Bill will repeal the extended standing provisions for those seeking judicial review of administrative decisions made under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). The User Guide to the Australian Government Guide to Regulation (page 8) notes that the Office of Best Practice Regulation (OBPR) will comment publically on the regulation impact statement (RIS) requirements if requested by a stakeholder. The OBPR assessed the proposal as non-regulatory in nature because it affects who can appeal administrative decisions made under the EPBC Act rather than the regulatory aspects of the EPBC Act. The Department of Environment is compliant with the Government's RIS requirements.