Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (PUBLIC HEALTH AND SAFETY) BILL 2010

                        2008-2009-2010




  THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                HOUSE OF REPRESENTATIVES




Environment Protection and Biodiversity Conservation Amendment
              (Public Health and Safety) Bill 2010




                EXPLANATORY MEMORANDUM




                    (Circulated by authority of
              Luke Hartsuyker, Member for Cowper)
 Environment Protection and Biodiversity Conservation Amendment
                    (Public Health and Safety) Bill 2010


OUTLINE
The purpose of the Bill is to amend the Environment Protection and
Biodiversity Conservation Act (EPBCA) 1999 to:
   -   Introduce public health and safety as one of the matters which the
       Minister must take into account when deciding whether or not to
       approve an action under the Act;
   -   Give the issue of public health and safety prominence among
       matters which must be taken into account;
   -   Provide the Minister with an opportunity to expedite decisions when
       there is a serious threat to public health and safety.


The Bill is being introduced following the growing encroachment of colonies
of grey-headed flying foxes, a protected species under the Act, into
populated areas, both in regional Australia and in larger urban areas, such
as Sydney.


Conflicts are arising between the health and quality of life of residents and
the desire to protect the species under the terms of the Act. As it stands,
the Act does not satisfactorily address this issue.


For example, in the town of Maclean, NSW, a large colony has established
itself adjacent to the local school and residential development. Despite the
serious effect on the local community, the Act has offered no remedy to the
deteriorating situation.


FINANCIAL IMPACT
The Bill will have no financial impact.
NOTES ON CLAUSES
Item 1 - this seeks to replace the words "properly assessed" in paragraph
3(2)(d) with "assessed in a period that permits adequate scientific inquiry
and balances the needs of the community", thus establishing public health
and safety as a criteria in the assessment alongside the needs of the
relevant species.
Item 2 - Subsection 3A(a) of the Act states "decision-making processes
should effectively integrate both long-term and short-term economic,
environmental, social and equitable considerations." Item 2 would insert
"public health and safety", better refining the human effects that the Minister
must consider.
Item 3 - Subsection 87(3) sets out the matters the Minister must consider
in making a decision. Item 3 establishes the need for a timely decision
when public health and safety is at risk.
Item 4 - Section 132 of the Act deals with the additional information the
Minister may seek before coming to a decision. To expedite matters in
cases where public health and safety are at risk, item 4 would add a
requirement to balance public health and safety needs against the
requirements for scientific inquiry.
Item 5 - Section 133 of the Act deals with the granting of approval. Item 5
would provide the Minister with an opportunity to approve the action
immediately where there is a "serious threat to public health and safety."

[Index] [Search] [Download] [Bill] [Help]