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Appendix B - Recommended National Environmental Standards

National Environmental Standards describe the outcomes that contribute to effective environmental protection and management as well as the fundamental processes that are needed to support the effective implementation of the EPBC Act. Standards enable consistency and flexibility across decisions and recognise that the overall outcome is best accomplished by the collective achievements of all activities.

The Review recommends that the full suite of National Environmental Standards should be immediately developed and implemented to provide clear rules and improved decision-making. All the Standards are necessary to improve decision-making by the Commonwealth and to provide confidence in agreements with accredited parties.

The full suite of Standards should include:

  • matters of national environmental significance
  • Commonwealth actions and actions involving Commonwealth land
  • transparent processes and robust decisions, including:
    • judicial review
    • community consultation
    • adequate assessment of impacts on MNES – including climate considerations
    • disclosure of emissions profile
    • quality regional planning
  • Indigenous engagement and participation in decision-making
  • compliance and enforcement
  • data and information
  • environmental monitoring and evaluation of outcomes
  • environmental restoration, including offsets
  • wildlife permits and trade.

To accelerate the process, the Review has developed in detail recommended National Environmental Standards for:

These have been developed and refined following extensive consultation with science, Indigenous, environmental and business stakeholders, and with input from technical experts (Appendix A).

The National Environmental Standards set out in detail in this Appendix should be adopted in full. The remainder of the suite of Standards should be developed without delay to enable the full suite of 9 Standards to be implemented immediately. Standards should underpin accreditation arrangements with States and Territories.

The National Environmental Standards should be read and implemented together. The common intent is that Standards are relevant to all decision-makers operating or accredited under the EPBC Act. Additional requirements for the application of individual Standards are provided in those Standards.

Application of the National Environmental Standards by the Commonwealth Environment Minister

National Environmental Standards should be made and implemented by the Environment Minister.

The collective activities and decisions made by the Environment Minister under the EPBC Act should be consistent with the National Environmental Standards. The Standards are relevant to activities and decisions at all scales, including policies, plans and programs.

This includes decisions on the approval of individual projects or actions, where they trigger the EPBC Act. A decision by the Environment Minister to approve an action under the EPBC Act must not prevent a National Environmental Standard from being met.

In considering the accreditation of the regulatory processes or arrangements of third parties under the EPBC Act, the Environment Minister must be satisfied that the processes or arrangements proposed for accreditation can meet the National Environmental Standards and that the parties assure accountability for the outcomes.

The EPBC Act should provide discretion for the Environment Minister to make a decision that is inconsistent with the National Environmental Standards. The use of this power should be a rare exception, justified in the public interest. When doing so, the Minister should publish a statement of reasons, including reasons and environmental implications of the decision.

Application by third parties following accreditation

The National Environmental Standards enable the outcomes sought through the EPBC Act to be more effectively integrated into broader environmental management responsibilities and activities of others (such as a State, Territory or other Commonwealth agency), so long as they can demonstrate that they can act consistently with the Standards.

The collective activities and decisions of a third party under an accredited regulatory process or arrangement should be consistent with the National Environmental Standards. The Standards are relevant to activities and decisions at all scales, including policies, plans and programs. This includes decisions about the approval or authorisation of individual projects or actions. An accredited party must not allow an activity, such as an individual project, that prevents a Standard from being met.

In limited circumstances, such as where an accredited party believes it is in the national interest to undertake an activity or make a decision that would prevent the party from meeting a National Environmental Standard, the party must refer that activity to the Commonwealth Environment Minister for decision.

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance

The Review developed recommended National Environmental Standards for matters of national environmental significance (MNES) that prescribe outcomes for the protection and conservation of MNES. The Standards include an overarching Standard that relates to all MNES and matter-specific Standards. The Standards clarify the existing settings of the EPBC Act to define clear limits of acceptable impacts for MNES, while providing flexibility to enable development. They represent an improvement on the status quo, where opaque rules and unfettered discretion in decision-making often results in the trading away of environmental outcomes. Decisions at all scales and by all parties should work together to deliver the Standards.

Appendix B1 - Overarching MNES Standard

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended overarching Standard that relates to all MNES and matter-specific Standards. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standard for World Heritage

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for World Heritage. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standards for National Heritage

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for National Heritage. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standards for Wetlands of International Importance (Ramsar wetlands)

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for Wetlands of International Importance (Ramsar wetlands). This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standard for Threatened Species and Ecological Communities

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for threatened species and ecological communities. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standard for Migratory Species

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for migratory species. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standard for Commonwealth Marine Environment

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for the Commonwealth Marine Environment. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standard for the Great Barrier Reef Marine Park

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for the Great Barrier Reef Marine Park. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standard for Protection of the Environment from Nuclear Actions

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for the Protection of the Environment from Nuclear Actions. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B1 - Matter-specific Standard for Protection of Water Resources from Coal Seam Gas Development and Large Coal Mining Development

Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance. This section provides a recommended matter-specific Standard for Protection of Water Resources from Coal Seam Gas Development and Large Coal Mining Development. This should be read together and in conjunction with other National Environmental Standards and the existing requirements of the EPBC Act.

Appendix B2 - Recommended National Environmental Standard for Indigenous Engagement and Participation in Decision-Making

The Review developed a recommended National Environmental Standard for Indigenous engagement and participation in decision-making that will ensure that Indigenous Australians that speak for Country have had the opportunity to do so, and that their views and knowledge is explicitly considered in decisions in a culturally respectful and transparent way. This Standard sets out the minimum requirements for meaningful engagement and participation of Indigenous Australians in the legislative and policy processes related to the EPBC Act. This Standard is to be used by all parties undertaking any activities under government legislation or policies relating to the Act, including the process for making National Environmental Standards.

Appendix B3 - Recommended National Environmental Standard for Compliance and Enforcement

The Review developed a recommended National Environmental Standard for compliance and enforcement that sets the national intent for compliance and enforcement activities to ensure the protection and conservation of matters protected under the EPBC Act. The Standard requires compliance and enforcement functions to be independent of actual or implied political interference; delivered in a way that deters illegal behaviour and ensures non-compliance is remedied; enforcement is proportionate to the seriousness of the non-compliance; and actions are transparent and accountable.

Appendix B4 - Recommended National Environmental Standard for Data and Information

The Review developed a recommended National Environmental Standard for data and information that sets the expectations for all parties involved in the implementation and evaluation of the EPBC Act to support the delivery of the national environmental information supply chain by requiring the collection, curation, integration, analysis, use and sharing of best available information to defined technical standards.

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    Publish date

    October 2020