Submissions Open for Review into Agriculture and the CTH Environment Protection and Conservation Act

“Farmers are important stewards of our land and possess local understanding of their environment, including the specific trees, grasslands and species found there.

However, feedback suggests many landholders are not always clear on the obligations that some proposed agricultural activities carry under the Australian Government’s main environmental law, the Environment Protection and Biodiversity Conservation Act 1999.

To address this, an independent review is looking for farmers’ views to help the Australian Government streamline and improve the way it regulates and communicates landholder responsibilities under the EPBC Act.

The independent review is specifically seeking to gather the views of farmers, industry groups and other stakeholders to better understand how the Act interacts with the agriculture sector, and to seek ways to improve regulation and help landholders meet the Act’s requirements."

“The Australian Government recognises that the sustainable development of a productive and internationally competitive agriculture and food production sector is vital to our economy and regional communities, and is committed to reducing barriers to its growth.”

1. Undertake targeted consultation to identify concerns and areas of potential efficiencies.
2. Provide an overview of the appropriateness of current regulatory settings of the EPBC Act in regard to their impact on the agriculture and food production sector with consideration to the objects of the EPBC Act.
3. Outline options to improve how the agriculture and food production sector is regulated under the EPBC Act and reduce the regulatory burden faced by farmers and applicants, including but not limited to:
1. making recommendations in relation to environmental referrals, assessment and approval requirements, and listing and delisting processes for species and ecological communities under the EPBC Act;
2. identifying opportunities for harmonisation between the EPBC Act and each state and territories’ native vegetation management regimes; and
3. identifying opportunities to enhance the EPBC Act to support agriculture and food production to take advantage of domestic and international demand for sustainable agriculture, such as certification schemes and ‘clean and green’ foods.
4. In making recommendations and advising on new initiatives, take into account the objects of the EPBC Act.
5. As far as possible, consider the costs and benefits of the recommendations as required by the Australian Government. See guidance at pmc.gov.au/resource-centre/regulation/independent-reviews-and-ris-process-guidance-note.
6. Consider relevant material including the Productivity Commission Inquiry Report on the Regulation of Australian Agriculture, the Agriculture Competitiveness White Paper and Our North, Our Future: White Paper on Developing Northern Australia.
7. Provide a report to Government by mid 2018.

“Dr Craik invites written submissions from farmers and any interested stakeholders to inform her review how the farmers interact with the EPBC Act, particularly as it relates to:

• Helping farmers understand when their activity does (or does not) require referral, assessment or approval under the EPBC Act.
• Ensuring environmental regulation is applied to farmers in a practical way, considering on-ground farming practices and minimising any duplication or conflict with state or local laws.
• Examining how farmers are informed and able to participate in the listing process for species and ecological communities, and the implications for them when a listing occurs.”