Environment Minister Peter Garrett today released the Final Report by Dr Alan
Hawke of the Independent Review of the Environment Protection and Biodiversity
Conservation (EPBC) Act.
“This report has been the culmination of a huge amount of input from all levels of
government, environmental groups, businesses, academics and members of the
general public,” Minister Garrett said.
There is a statutory requirement for the EPBC Act to be reviewed every 10 years.
This is the first such review, commissioned by Minister Garrett on 31 October 2008
and was conducted by Dr Hawke and a panel of experts.
“The level of the awareness and concern for the environment in the Australian
community has greatly increased in the decade since the EPBC Act commenced
operation. Australians are increasingly aware of the need to ensure that our
environment and heritage is protected, and that development occurs in an
environmentally sustainable way,” Minister Garrett said.
Dr Hawke and his team received around 340 written submissions throughout this
process, from NGOs, industry bodies as well as interested individuals. Other
submissions and comments were received from research groups and academics,
individual corporations and Local, State, Territory and Australian Government
agencies.
There was extensive face-to-face consultations conducted all over Australia and a
number of workshops were also held to tap into the broadest range of views and
expertise.
Dr Hawke has prepared a comprehensive report which includes recommendations
for significant changes to the Act’s operation and administration. The Hawke Report
makes 71 primary recommendations as well as numerous conclusions and findings
of an advisory nature.
“Dr Hawke’s report examines many important and highly complex matters and these
are not matters that can be taken lightly. The Government will give careful
consideration to the recommendations and their implications in the coming months.”
“Dr Hawke’s Final Report also makes a recommendation in relation to a proposed
‘greenhouse trigger’. This recommendation has a direct bearing on the
Government’s response to climate change, and to the CPRS Bill that will be
reintroduced into Parliament on 2 February 2010. “
“For this reason, I feel it is important that we make clear the Government’s policy on
this recommendation now. The Government favours a market-based system to
reduce our greenhouse emissions, and for that reason if the CPRS is passed there
will be no need for a greenhouse trigger to be introduced, even as an interim
measure. This is entirely consistent with Dr Hawke’s intention.”
“Additionally, the Government notes the concerns raised by Dr Hawke in
recommendation 38 in the review regarding the current mechanisms in the Act for
forest management under Regional Forest Agreements (RFAs), and is committed to
working with state governments to improve the review, audit and monitoring
arrangements for RFAs, including their timely completion, clearer assessment of
performance against environmental and sustainable forestry outcomes, and a
greater focus on compliance of RFAs in the intervening years,” Minister Garrett said.
The Government intends to use upcoming RFA renewal processes to improve the
achievement of these outcomes in future RFAs. In light of this, the Government
rejects the mechanisms proposed in recommendation 38 and does not propose to
review section 38 of the EPBC Act as it currently applies to RFAs.
The Government recognises that the RFA’s contain extensive review mechanisms
as a framework for continuous improvement and it will principally rely on them to
address the issues that Dr Hawke’s review has identified.
“On the cusp of the International Year of Biodiversity is a particularly relevant time to
release this major review into the operation of the Australian Government’s primary
piece of environmental legislation. The Government will respond to all other
recommendations made by Dr Hawke towards the middle of next year.”
“I’m tabling this report out of session because I think it’s important people have
plenty of time to absorb the many issues and recommendations contained in the
report,” Minister Garrett said.
Dr Allan Hawke has served with distinction in the Commonwealth Public Service
from 1974 to February 2006, and has participated in major inquiries into the Public
Service including the Review of Commonwealth Functions, the Review of
Commonwealth Administration and the Efficiency Scrutiny Unit.
“I want to thank Dr Allan Hawke and his team comprising the Hon Paul Stein AM,
Professor Tim Bonyhady, Professor Mark Burgman and Ms Rosemary Warnock, for
the outstanding effort that has gone into this review. It was important that this
process sought the broadest possible range of expertise and views. I am confident
this has been achieved”. Minister Garrett said.
A copy of the Hawke report can be downloaded from the review website:
www.environment.gov.au/epbc/review/index.html
The Hon Peter Garrett MP Minister for the Environment, Heritage and the Arts