Allan Wilkinson

Submission in response to discussion paper

Some have argued that past changes to the EPBC Act to add new matters of national environmental significance did not go far enough. Others have argued it has extended the regulatory reach of the Commonwealth too far. What do you think?

THE MURRAY DARLING BASIN CASE IS A PRIME EXAMPLE OF LEAVING NATURETO MISMANAGEMENT AND SO WE SEE THE EVIDENCE.
ANY WATER SOURCE SHOULD BE UNDER RIGHTFUL AND RESPONSIBLE MANAGEMENT SO THAT ALL BENEFIT HUMANS, PLANTS AND ANIMALS.TO

How could the principle of Ecologically Sustainable Development (ESD) be better reflected in the EPBC Act? For example, could the consideration of environmental, social and economic factors, which are core components of ESD, be achieved through greater inclusion of cost benefit analysis in decision making?

TO THE ABOVE YES TO THE SUGESTINGS AND AN INCLUSION OF MORE PUBLIC DEBATES AND PARTICIPATIONS.

Should the objects of the EPBC Act be more specific?

MOST DEFINITELY DOCUMENTS CAN BE TOO LEGALLY WORDED LEAVING
SOME PEOPLE UNCERTAIN OF THE TRUE CONTENT.TH

Should the matters of national environmental significance within the EPBC Act be changed? How?

WHAT FALLS UNDER FEDERAL AUTHORITY AND WHAT FALLS UNDER STATE
AND LOCAL AUTHORITY SHOULD BE UNDER THE SAME AUTHORITY OF AN
ENVIRONMENTAL AUTHORITY WHO MAKE LAWS BY JOINT AGREEMENT.

Which elements of the EPBC Act should be priorities for reform? For example, should future reforms focus on assessment and approval processes or on biodiversity conservation? Should the Act have proactive mechanisms to enable landholders to protect matters of national environmental significance and biodiversity, removing the need for regulation in the right circumstances?

CORPORATE POWERS SUCH AS WATER HOLDERS AND FARMERS SHOULD BE
BROUGHT INTO AN ENVIRONMENTAL AGREEMENT AND THAT WHATEVER
WAYS THEY MANGAGE THEIR COPORATION HAS TO BE A STEP BY STEP APPROVAL
BY AN ENVIRONMENTAL AUTHORITY WITHOUT PRIVILEGES THAT IS AN APPEAL TO CHANGE THE LAW TO SUIT THE CORPORATIONS.

What high level concerns should the review focus on? For example, should there be greater focus on better guidance on the EPBC Act, including clear environmental standards? How effective has the EPBC Act been in achieving its statutory objectives to protect the environment and promote ecologically sustainable development and biodiversity conservation? What have been the economic costs associated with the operation and administration of the EPBC Act?

THERE SHOULD BE CHANGES WHICH PRODUCE A BALANCE BETWEEN
PROTECTING THE ENVIRONMENT AND PROTECTING WORKERS RIGHTS THAT
IS INDUSTRIES AND WORKERS SHOULD NOT LOOSE BECAUSE OF ONE PROTECTED SPECIES OF PLANT OR ANIMAL. HOWEVER AT THE SAME TIME
THE ENVIRONMENT SHOULD NOT LOOSE THE OBJECT SHOULD BE TO LOOK
FOR BALANCE.

What additional future trends or supporting evidence should be drawn on to inform the review?

THE MURRAY DARLING BASIN AND WATER SHORTAGE IN AUSTRALIA.
THE USE OF MORE BORE WATER, BACKYARD WATER TANKS AND DESALINATION PLANTS. THE POSSIBILITY OF MAKING USE OF FOG WATER AND WATER HOLDING PLANTS SUCH AS CATUS PLANTS WHICH COULD BE USED AS A READY SOURCE OF WATER.

Should the EPBC Act regulate environmental and heritage outcomes instead of managing prescriptive processes?

"YES THE EPBC ACT SHOULD BE INCORPORATED INTO A MANAGING CAPACITY AND NOT JUST A WATCH OR CHECK ON THE ENVIRONMENT.

Should the EPBC Act position the Commonwealth to take a stronger role in delivering environmental and heritage outcomes in our federated system? Who should articulate outcomes? Who should provide oversight of the outcomes? How do we know if outcomes are being achieved?

THE COMMON WEALTH SHOULD HAVE WIDER POWERS OF LEGISLATION IN SUCH MATTERS. THEY SOULD FORM A COMMITTEE COMPRISING FARMERS,
SCIENTISTS, ECONOMISTS, INDIGENEOUS PEOPLE, MEMBERS OF LOCAL AND STATE GOVERNMENTS AND TOWN PLANNERS.

Should there be a greater role for national environmental standards in achieving the outcomes the EPBC Act seeks to achieve?

In our federated system should they be prescribed through:

• Non-binding policy and strategies?

• Expansion of targeted standards, similar to the approach to site contamination under the National Environment Protection Council, or water quality in the Great Barrier Reef catchments?

• The development of broad environmental standards with the Commonwealth taking a monitoring and assurance role? Does the information exist to do this?

THERE SHOULD BE A GREATER ROLE BUT WITH BINDING LAWS WHICH CAN ONLY BE CHANGED BY A REFERENDUM.

How can environmental protection and environmental restoration be best achieved together?

• Should the EPBC Act have a greater focus on restoration?

• Should the Act include incentives for proactive environmental protection?

• How will we know if we?re successful?

• How should Indigenous land management practices be incorporated?

BY SETTING UP A COMMITTEE AND HAVE A PLAN PUT ON EXHIBITION WITH
A COMMENTS FROM THE PUBLIC TO PUT IN THEIR RECOMMENDATIONS.
FROM THAT A SPECIFIC COMMITTEED BE FORMED COMPRISING PAID MEMBERS AND VOLUNTEERS FROM DIFFERENT PARTS OF SOCIETY.

Are heritage management plans and associated incentives sensible mechanisms to improve? How can the EPBC Act adequately represent Indigenous culturally important places? Should protection and management be place-based instead of values based?

THE INDIGENEOUS PEOPLE SHOULD BE CALLED UPON TO MAKE THEIR OWN
ASSESSMENTS WHICH CAN BE REVIEWED BY SCIENTISTS, TOWN PLANNERS AND
REPRESENTAIVES FROM DIFFERENT INDUSTRIES.

Should the EPBC Act require the use of strategic assessments to replace case-by-case assessments? Who should lead or participate in strategic assessments?

SORRY NOT EASY TO ANSWER.

Should the matters of national significance be refined to remove duplication of responsibilities between different levels of government? Should states be delegated to deliver EPBC Act outcomes subject to national standards?

ANY LEGISLATION SHOULD BE BY JOINT AGGREEMENT AND CONSENSUS BY MEMBERS OF FEDERAL, STATE AND LOCAL POLITICIANS INVOLVING DIFFERENT
COMPARTMENTS.

Should low-risk projects receive automatic approval or be exempt in some way? How could data help support this approach? Should a national environmental database be developed? Should all data from environmental impact assessments be made publicly available?

NO PROJECT SHOULD BE APPROVED WITHOUT A THOROUGH INVESTIGATION.
THE DATA SHOULD BE FROM DIFFERENT SOURCES NOT JUST THE ONE AND THE PUBLIC SHOULD BE NOTIFIED.

Should the Commonwealth?s regulatory role under the EPBC Act focus on habitat management at a landscape-scale rather than species-specific protections?

BOTH HABITAT AND SPECIES ARE INSEPERABLE AND USUALL SPECIES MAKE A HABITAT BUT HABITATES ATTRACT SPECIES THE TWO SHOULD BE STUDIED
CONCURRENTLY.

Should the EPBC Act be amended to enable broader accreditation of state and territory, local and other processes?

THE SHOULD BE AMMENDENTS TO ALLOW FOR A BROADER ACCREDITATION.

Are there adequate incentives to give the community confidence in self-regulation?

SELF REGUALTION HAS RISKS AND DOUBTS AND CAN BE CORRUPTED.
THERE SHOULD BE LEGAL AUTORITIES AND NOT SIMPLE SELF REGULATION.

How should the EPBC Act support the engagement of Indigenous Australians in environment and heritage management?

• How can we best engage with Indigenous Australians to best understand their needs and potential contributions?

• What mechanisms should be added to the Act to support the role of Indigenous Australians?

THERE SHOULD BE MORE ENVIRONMENTAL COUNCILS COMPRISING INDIGENOUS PEOPLE AND MORE EDUCATION OF THE CHILDREN ABOUT WHAT ENVIRONMENTAL AUTHORITIES PLAN TO DO.

How should community involvement in decision-making under the EPBC Act be improved? For example, should community representation in environmental advisory and decision making bodies be increased?

THERE SHOULD BE MORE PUBLIC DEBATES AND SURVEYS DONE.

What is the priority for reform to governance arrangements? The decision-making structures or the transparency of decisions? Should the decision makers under the EPBC Act be supported by different governance arrangements?

EACH QUESTION SHOULD BE ANSWERED WITH A "YES'.

What innovative approaches could the review consider that could efficiently and effectively deliver the intended outcomes of the EPBC Act? What safeguards would be needed?

T.V. AND RADIO TALK BACK SHOWS AND INTERVIEWS SO THAT THE PUBLIC KNOWS MORE THAN JUST WHEN THERE IS A GOVERNMENT DECISION.

Should the Commonwealth establish new environmental markets? Should the Commonwealth implement a trust fund for environmental outcomes?

NOT CERTAIN ABOUT ENVIRONMENTAL MARKETS BUT THERE SHOULD BE A TRUST FUND.

What do you see are the key opportunities to improve the current system of environmental offsetting under the EPBC Act?

1. LOOKING AT THE HISTORY OF ENVIRONMENTAL DAMAGES.
2. LOOKING TO SEE HOW THE SAME MISTAKES CAN BE AVOIDED.
3. LOOKING AT REMEDIATION SOLUTIONS.Public

How could private sector and philanthropic investment in the environment be best supported by the EPBC Act?

• Could public sector financing be used to increase these investments?

• What are the benefits, costs or risks with the Commonwealth developing a public investment vehicle to coordinate EPBC Act offset funds?

GETTING THE PUBLIC INVOLVED BY ADVISING ON BETTER USE OF WATER SUCH AS WHAT HAS BEEN DONE DURING THE DROUGHTS. USING ALTERNATVE METHODS OTHER THAN CHEMICALS FOR GETTING RID OF PESTS.
GETTING PEOPLE TO MAKE THEIR OWN VEGETABLE GARDENS AND USING MORE EFFICIENT HOME ENERGY PRODUCTS.

Do you have suggested improvements to the above principles? How should they be applied during the review and in future reform?

"NO HOWEVER EDUCATION IN THE SCHOOLS WOULD HELP CHILDREN TO BETTER UNDERSTAND ENVIRONMENAL PROBLEMS.

Is the EPBC Act delivering what was intended in an efficient and effective manner?

IN CERTAIN CASES BUT IN OTHERS THERE IS A SHORTAGE FOR EXAMPLE HUNTING IN NATIONAL PARKS, THE CULLING OF KANGAROOS AND WILD HORSES AND CAMELS. "WOULD MOVING THEM TO OTHER LOCATIONS BE BETTER/'

How well is the EPBC Act being administered?

SATISFACTORILY MOST TIMES BUT BECAUSE OF THE LARGE LAND MASS
NOT EVERY PART OF AUSTRALIA CAN BE CHECKED.
PERHAPS THE EPA CAN BE ENLARGED TO ALLOW FOR MORE SURVEYS AND MAYBE MODERN TECHNOLOGIES SUCH AS DRONES USED.

Is the EPBC Act sufficient to address future challenges? Why?

"NO BECAUSE QUESTIONS ARE RAISED CONCERNING CONCERNING WHAT IF ANY POWERS THEY MAY HAVE IN DEVELOPMTS IN CITIES SUCH AS HIGH RISE BUILDINGS?"

What are the priority areas for reform?

PROTECTION OF FORESTS AND WILDLIFE HABITATS.
LAWS GOVERNING PET OWNERS TO KEEP THEIR PETS IN AFTER DARK WHO
FOLLOW THEIR ANCESTRAL PRACTICE OF NIGHT HUNTING.
NOT GROWING PLANTS AND TREES THAT CAN CAUSE WILD GROWTH.
MORE POTENTIAL FIRE RISKS TO BE REDUCED SUCH AS DOING BACKING BURNING IN WINTER SO AS TO REDUCE THE FUEL LOAD WHENEVER THE NEXT FIRE OCCURS.

What changes are needed to the EPBC Act? Why?

MAKING THE LEGLISATION AND ENFORCMENT OF LAWS TO BE UNDER TWO OR THREE AGENCIES AND NOT A NUMBER OF DIFFERENT GROUPS.

Is there anything else of importance to you that you would like the review to consider?

A LONG TERM PLAN TO PREPARE FOR DROUGHTS AND TO BEGIN AS SOON AS
POSSIBLE SUCH AS BETTER WATER RESOURCES, STOCKING OF FORAGE SUCH AS
GRASS SEEDS AND EATABLE PLANT SEEDS FOR ANIMALS.
GREEN PASTURE RESERVES FOR FARMERS TO MOVE THEMSELVES AND ANIMALS WHEN THE CRISIS IS BEYOND THEM.