The Australian Government developed a draft Conditions Policy to improve the efficiency of assessment bilateral agreements. The Department released the draft Conditions Policy for public comment from 16 March 2015 to 15 May 2015.
Assessment Bilateral Agreement - Draft Conditions Policy (PDF - 1.87 MB) | (DOCX - 270.17 KB)
The EPBC Act Condition-setting policy has since been finalised and was released in January 2016.
Submissions
Submissions by interested parties on the EPBC Act Assessment Bilateral Agreement Draft Conditions Policy closed on 15 May 2015.
The Department would like to thank all those who provided submissions
- ACT government – Environment and Planning Directorate (PDF - 255KB)
- Aurizon (PDF - 1.5MB)
- Austral Bricks (WA) (PDF - 877KB)
- Australian Conservation Council (PDF - 301KB)
- Australian Petroleum Production and Exploration Association (APPEA) (PDF - 172KB)
- Business Council of Australia (BCA) (PDF - 247KB)
- Cotton Australia (PDF - 444KB)
- Environment Defenders Office (Australia) (PDF - 406KB)
- Minerals Council of Australia (MCA) (PDF - 195KB)
- Nature Conservation Council (NSW) (PDF - 470KB)
- NSW government - Office of Environment and Heritage Protection (PDF - 790KB)
- R. McKelvey (PDF - 146KB)
- Urban Development Institute of Australia (NSW) (PDF - 139KB)
- World Wildlife Fund - Australia (PDF - 388KB)
Reducing duplication of environmental regulation
The draft Conditions Policy seeks to minimise unnecessary duplication between state and territory and Commonwealth EPBC Act conditions on environmental approvals. Removing duplication of conditions will improve business efficiency while maintaining high environmental standards.
The policy will create a simpler, more efficient approval process which will increase certainty for investors and reduce costs for business. For example, wherever possible, proponents will only have to comply with one set of conditions.
The draft Conditions Policy will initially support the operation of the NSW revised assessment bilateral agreement. The public consultation will inform the finalisation of the policy and its possible extension to other willing states and territories.
A risk-based approach to environmental regulation will support the operation of the draft Conditions Policy. Under this approach, a risk assessment will be undertaken to guide Australian Government decisions relating to the assessment and approval of projects that are determined to require assessment under the EPBC Act.
What the draft Conditions Policy means for NSW proponents
Proponents of a project that is currently being assessed under the NSW assessment bilateral agreement will not need to take any additional action. The project will transition automatically to being assessed under the NSW revised assessment bilateral agreement.
The NSW revised assessment bilateral agreement and the draft Conditions Policy are intended to further streamline the consideration of projects by the federal Environment Minister and benefit business by shortening the assessment period and reducing duplication in conditions. More information on the NSW revised assessment bilateral agreement is at www.environment.gov.au/environment/epbc/bilateral-agreements/nsw.
NSW Government offsets policy
The Australian Government has endorsed three NSW Offsets Policies under the revised NSW assessment bilateral agreement, which came into effect on 26 February 2015. The Australian Government has also endorsed the application of these NSW Offsets Policies for all EPBC-referred projects in NSW to promote a consistent approach to offsets for matters of national environmental significance.
This means that, where a proponent is able to demonstrate that one of the endorsed policies (and, where relevant, related methodologies) has been applied, they will not need to separately and additionally demonstrate compliance with the EPBC Act Environmental Offsets Policy . The onus to demonstrate compliance with an endorsed policy remains with the proponent, and in all other circumstances, the EPBC Act Environmental Offsets Policy will continue to apply for the assessment of offset requirements.
The endorsed NSW Offsets Policies are:
- NSW Biodiversity Offsets Policy for Major Projects, published by the Office of Environment and Heritage for the NSW Government in September 2014
- Fisheries NSW Policy and Guidelines for Fish Habitat Conservation and Management (2013 update), published by the Department of Trade and Investment, Regional Infrastructure and Services for the NSW Government in June 2013
- Rules established under section 127B of the Threatened Species Conservation Act 1995 (NSW) (“Biobanking assessment methodology”).
These arrangements will improve the efficiency of the assessment and approval process.
What about proponents in other jurisdictions?
The draft Conditions Policy currently only applies to projects in NSW.
The Commonwealth will consider the extension of the policy to other states and territories following the public comment period.
Even where the policy applies, proponents are not required to take any further action. The application of the policy affects activities undertaken by the Australian Government and the relevant state or territory government.
Current list of endorsed state and territory policies
This list was current as at 16 March 2015 (commencement of the public consultation period).
- NSW Biodiversity Offsets Policy for Major Projects, published by the Office of Environment and Heritage for the NSW Government in September 2014
- Fisheries NSW Policy and Guidelines for Fish Habitat Conservation and Management (2013 update), published by the Department of Trade and Investment, Regional Infrastructure and Services for the NSW Government in June 2013
- Rules established under section 127B of the Threatened Species Conservation Act 1995 (NSW) (“Biobanking assessment methodology”).