Environment Legislation Amendment Bill 2013 (Cth)

The Federal Parliament has introduced the Environment Legislation Amendment Bill 2013 into the House of Representatives. The Bill will amend the Environment Protection and Biodiversity Conservation Act 1999 to address the implications arising from the Federal Court’s decision in Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCA 694 (The Tarkine Case).

On the 17^th July 2013, the Federal Court of Australia delivered a judgment in the Tarkine Case that overturns a controversial decision by a Commonwealth Minister to approve an iron ore mine in Tasmania’s Tarkine region. The Court found that the Minister was required to have regard to the Conservation Advice regarding the Tasmanian devil in the area in making his decision. The action by the Minister was found to have merely given “lip service” to the Minister’s obligation to consider the Conservation Advice, in breach of a legal requirement that the Minister genuinely consider the Conservation Advice.

The Bill being introduced sets out to amend the Act to provide that a failure to comply with a requirement for specified decisions and instruments under the Act that the Minister must have regard to any relevant approved conservation advice, does not invalidate those decisions and instruments. The amendments will apply retrospectively and prospectively to provide certainty for past and future decisions and instruments made or entered into by the Minister. The effect this may have on the Tarkine Case is yet to be known given the amendment’s retrospective applications.

The Bill will also make amendments to the Great Barrier Reef Marine Park Act 1975 to provide additional protection for dugong and turtle populations from the threat of poaching, illegal trade and illegal transportation. 

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