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National Review of Environmental RegulationAttachment A – Jurisdictional Summaries

A Australian Capital Territory

B New South Wales

C Northern Territory

D Queensland

E South Australia

F Tasmania

G Victoria

H Western Australia

I Australian Government

NATIONAL REVIEW OF ENVIRONMENTAL REGULATION

INTERIM REPORT – JURISDICTIONAL ANALYSIS

Australian Capital TerritoryOverview and objectives of environmental regulatory reform initiativesThe environmental regulatory reforms in the ACT focus on contemporising legislation, improving efficiency and effectiveness, and reducing the burden on individuals and business, whilst maintaining environmental outcomes.

The ACT has implemented a number of initiatives to reduce costs and improve efficiencies. These include streamlining regulatory arrangements, reducing duplicative requirements and supporting development of standards and efficient services.

The ACT will consider any further improvements in connection with its whole of government priorities for regulatory reform. The ACT will also continue to monitor developments in other jurisdictions to identify improvements that might be of benefit to the Territory.

Analysis of Environmental Regulatory Reform by Strategic Theme

The ACT’s key environmental reform activities include:

Risk based regulation and proportionate interventions

The ACT has completed an impressive environmental regulatory program in reviewing its primary Environmental Act in 2014.

The 2014 review of the Environment Protection Act 1997 contemporises the legislation by aligning major provisions of the Act, creating regulatory framework commensurate to those of other Australian jurisdictions, improves the efficiency and effectiveness of the regulatory and enforcement mechanisms. As a result of the review, the ACT Legislative Assembly passed the Environment Protection Amendment Bill 2014 in October 2014.

By contemporising the legislation, the ACT is delivering on its regulatory framework by focussing on and addressing current and emerging issues in protecting the ACT’s natural and built environment. Cognisant of the nature of the ACT’s environment, including limited heavy industry, the ACT has been able to utilise a more proactive approach to managing potential and actual environmental impacts.

The ACT also adopts a risk based assessment method for authorised activities under the Act to improve the efficiency of the process by incorporating appropriate review intervals. The adoption of risk based assessment for authorised activities has lifted unnecessary regulatory process from industry, businesses and the regulator.

Harmonisation and removal of duplication

A bilateral assessment agreement was executed in June 2014 under the One Stop Shop arrangements to promote more efficient assessment of environmental matters by the ACT by removing duplication with the Commonwealth. Costs associated with completing referrals and time delays in undertaking duplicative assessments will be greatly minimised under the One Stop Shop. The ACT has passed legislation that gives effect to a One Stop Shop and is awaiting the reciprocal Commonwealth legislation to take effect. The ACT and Commonwealth Governments are aiming to have a One Stop Shop in place by early 2015.

The ACT is an active participant in the National Framework for Compliance and Enforcement Systems for Water Resource Management. This National Framework harmonises water licensing, trading and compliance processes across jurisdictions, and reduces costs to business and regulators.


INTERIM REPORT – STATE ANALYSIS

Additionally the ACT Government has, subject to further regulatory analysis, agreed in principle to work with the NSW Government, surrounding local governments and the Commonwealth to establish an ACT and Region Catchment Coordination Group as a statutory body under the Water Resources Act 2007.

The Group will be formed under the umbrella of the ACT and NSW Memorandum of Understanding for Regional Collaboration and provide the opportunity to consider opportunities for harmonising legislation and ensuring consistency in legislative application across borders.

The ACT Legislative Assembly also recently passed a new Nature Conservation Act 2014. The Act builds upon a strong framework provided by the previous Nature Conservation Act 1980. New provisions for threatened species align threatened species more closely with the IUCN categories for threatened species. Criteria for listing of threatened species will be included in a Statutory Instrument. Over time, this will allow for harmonisation of the ACT’s lists with those of the Commonwealth.

The ACT’s Nature Conservation Act 2014 explicitly allows for the adoption or incorporation of plans and strategies from other jurisdictions, for example recovery plans, as meeting requirements for Action Plans for threatened species in the ACT. This reduces unnecessary duplication.

The Nature Conservation Act 2014 provides a strategic focus on species and ecosystem management through a range of statutory provisions for a Nature Conservation Strategy which must incorporate landscape scale approaches to biodiversity conservation and explicitly consider landscape connectivity.

A draft ACT Environmental Offsets Policy and associated guidelines and draft Environmental Offsets Delivery Framework will be finalised with commencement of changes to the ACT’s Planning and Development Act 2007 enacted through the Planning and Development (Bilateral Agreement) Amendment Act 2014. The approach to offsets is consistent with the EPBC Act offsets policy, and builds on the approach to assessment of offsets undertaken through the NSW Biobanking Scheme.

Market based mechanisms

The ACT introduced a number of market based schemes to promote renewable energy and cost-effective energy saving activities, such as the Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011 and the Energy Efficiency (Cost of Living) Improvement Act 2012. These market based mechanisms are leading Australian initiatives.

http://www.legislation.act.gov.au/a/2014-41/default.asp

http://www.legislation.act.gov.au/a/2014-41/default.asp



New South WalesOverview and objectives of environmental regulatory reform initiativesThe NSW Government has a number of major environmental regulatory reforms currently underway. These reforms cover a range of activities including biodiversity conservation, marine and coastal management and environmental offences. The Office of Environment and Heritage (OEH) is leading a review of biodiversity conservation legislation, developing and implementing a new biodiversity offsets policy for major projects, reforms to coastal management. The Environment Protection Authority (EPA) is introducing a risk-based licensing system for environment protection licences.

Biodiversity conservation

The NSW Government is committed to protecting and conserving biodiversity across the state and is currently undertaking two major reforms to support this.

A comprehensive review of biodiversity legislation in NSW has been completed by an independent panel appointed by the NSW Minister for the Environment. The review considered the legislative and policy framework for managing native vegetation, threatened species and other protected native animals and plants in NSW. A review report, including 43 recommendations for reform, has been presented to the Government for consideration. This is likely to result in major reforms to the laws and their associated regulations.

The NSW Biodiversity Offsets Policy for Major Projects clarifies, standardises and improves biodiversity offsetting for major project approvals. The policy aims to strike an effective balance between the needs of proponents, communities and the environment by providing clear, efficient and certain guidance for stakeholders, improving outcomes for the environment and communities and providing a practical and achievable offset scheme for proponents. The policy is being phased in over a transitional period that commenced in October 2014. The Government is developing a Biodiversity Offsets Fund to complement the offsets policy.

Marine and coastal management

In response to the Report of the Independent Scientific Audit of Marine Parks in NSW the NSW Government is reforming marine estate management. These reforms will deliver a comprehensive new approach to managing the marine estate that will establish a basis for robust, scientific and evidence-based management of the marine estate into the future. This new approach allows Government to respond to threats and risks to better manage marine resources across the entire marine estate.

The NSW Government is also conducting a two-stage coastal management reform process. Stage one focused on regulatory relief to landowners and councils dealing with erosion impacts and is complete. Stage two is now underway and has a strategic focus that addresses three key areas:

establishing a simpler and more integrated legal and policy framework for coastal management

improving support for councils to assist local decision making

identifying sustainable funding and financing options for coastal management.

The coastal reforms are being developed in the context of the Government’s local government reforms and strategic approach to land use planning, to ensure an integrated approach to coastal management.



Environmental regulation

The EPA has conducted a review of its environment protection licensing framework. A key outcome of this review is the development and introduction of a risk-based licensing system for all premises that hold environmental protection licences under the Protection of the Environment Operations Act 1997. Risk based licensing will commence on 1 July 2015 and aims to ensure that all environment protection licensees receive an appropriate level of regulation based on the environmental risk of the activity. This will allow the EPA to better target regulatory efforts towards high risk and poor performing licensees. The regulatory framework also provides incentives for licensees to improve environmental performance and compliance.

The EPA also conducted an extensive review of the waste regulatory framework and as a result, a remade Protection of the Environment Operations (Waste) Regulation 2014 commenced on 1 November 2014 after extensive public consultation. New and amended provisions will be rolled out in stages over 9 months until 1 August 2015. Amendments include changes to the application point of the waste levy, a reduction of environment protection licence thresholds for waste storage, processing and resource recovery, new tracking requirements for problem wastes and the introduction of the proximity principle – that waste should be managed as close as possible to its place of generation.



The NSW Government recognises the importance of risk based, outcomes-focused regulation. Interventions should be proportionate to ensure the policy outcomes are delivered efficiency and effectively, and minimise costs to business and the community.

The NSW Government is undertaking a number of reform processes that will seek to introduce risk or outcome-based regulation and more proportionate interventions that reduce unnecessary compliance burden, improve flexibility and adaptive responses and improve stakeholder certainty and participation. Examples of reforms include:

a comprehensive review of biodiversity legislation

remaking the four coastal Integrated Forestry Operations Approvals (IFOA) into a single IFOA

coastal management reforms

marine estate management reforms

introduction of risk based licensing for Environmental Protection licence holders


The NSW Government is committed to harmonising and removing duplication in environmental regulation where possible. The NSW Government is working with the Commonwealth Government to harmonise and remove duplication of regulation in the areas of threatened species listings, assessment and approval bilateral agreements, and strategic assessments. Harmonising and removing duplication in these areas will help to reduce the administration and compliance burden, improve consistency between regulations, and improve stakeholder certainty across national and state requirements.



Strategic and landscape scale approaches

The NSW Government recognises the value of adopting strategic and landscape scale approaches to environmental regulation. Strategic and landscape scale approaches have the ability to address multiple environmental impacts by different parties or projects and consider these impacts over a longer time period or across a larger spatial scale.

The NSW Government utilises landscape scale assessment tools such as biodiversity certification and strategic assessments where appropriate to reduce regulatory burden, improve environmental outcomes and improve stakeholder certainty. For example, NSW is currently working with the Commonwealth on the Upper Hunter Strategic Assessment to improve the planning of new or expanded coal mines which have the potential to impact on biodiversity.


The NSW Government recognises that market based mechanisms provide a flexible way of achieving regulatory outcomes without the need for ongoing government subsidies. Market based mechanisms can be used to manage environmental values or price externalities such as the emission of specific pollutants in a market process and provide development proponents with certainty about their obligations.

The NSW Government is using market based mechanisms in its biobanking scheme and as part of the new Biodiversity Offsets Policy for Major Projects. This policy aims to improve environmental outcomes, reduce regulatory burden, and improve flexibility and industry participation.

The NSW Government is also undertaking reviews of existing long running and successful market based schemes such as the Load Based Licensing Scheme which drives improved environmental performance by putting a price on priority pollutants, and the Hunter River Salinity Trading Scheme which reduces salinity through a cap and trade credit scheme.



Northern TerritoryOverview and objectives of environmental regulatory reform initiativesThe Northern Territory Government has committed to reducing red and green tape through a balanced approach that is sensitive to environmental issues and also promotes economic and social developments for all Territorians. Government initiatives that will lead red tape abolition include a red tape abolition squad with a role to challenge all forms of legislative, regulatory and administrative red tape. The squad will be working closely with business, industry, government agencies and non-government organisations. A red tape reduction business advocate and hotline service provides a contact point and support service for anyone experiencing difficulties in obtaining decisions, licences, approvals or information from the Northern Territory Government.

The Northern Territory Government environmental regulation reform activities are consistent with the strategic goals of the Framing the Future strategic plan.

A summary of current and ongoing environmental regulatory reform initiatives for the Northern Territory include:

Removed restrictions on the land use options available to pastoral properties

Amendments to the Pastoral Land Act have increased the flexibility of land use options on land held under pastoral tenure through the issue of non-pastoral use permits. This will allow for greater diversification opportunities for pastoral properties to support economic sustainability. Permits can now be issued for 30 years and registered to the lease. Previously permits were issued for only 5 years to the lessee and reviewed annually. Reduction of administration to the lessee, Pastoral Land Board and the Department is estimated at 40 hours per non- pastoral use application. The amendments provide the certainty required to develop non-pastoral operations on pastoral leases.

Streamlining native vegetation clearing applications

The Northern Territory has reduced approval time for land clearing applications. Applications are now processed within 8-14 weeks of lodgement since 2013, as opposed to up to six months previously. Unnecessary layers of assessment of matters outside the requirement of the relevant legislation had become entrenched into internal processes.

Water reform

The Northern Territory Government has identified the need for contemporary water policy that facilitates development, whilst at the same time ensures the management water in the unique rivers and aquifers is environmentally sustainable. A Northern Territory Water Policy is being developed to address future planning, use and management of water resources for the next 50 years.

One stop shop for environmental approvals

The Northern Territory and Australian governments are pro-actively working to reduce green tape by entering into bilateral agreements for both environmental assessments and environmental approvals issued under the Commonwealth’s Environmental Protection and Biodiversity Conservation Act 1999. The agreements aim to provide a single entry for assessment and approval for environmental matters to reduce duplication.



Review of legislation

The Northern Territory Government has commenced a review of key legislation to ensure it is contemporary and adequate to deal with the challenges of delivering sustainable development. The review of legislation is broadly aimed at examining the effectiveness of existing regulation and identifying improvements to the regulatory framework. The review is being conducted with a view to:

improve environmental outcomes

reduce green tape

remove duplication

address gaps in the existing framework.

Relevant legislation under review includes:

A review of the NT Bushfires Act has commenced to recognise and improve mechanisms needed to provide a bushfire management service to over 90 percent of the Northern Territory. The review will clarify the responsibility for landholders and the role of the Government in the suppression and management of wildfire.

The NT Weed Management Act is being review to ensure landholders meet responsibilities and align with the Bushfires Act for the management of invasive grasses. The review will consider the biosecurity arrangements for responding to emergency incursions. Declaration categories will be also be reviewed for risk alignment and to clarify landholder responsibilities

The NT Water Act will be reviewed to ensure the legislation is suitable to meet the new water policy and plan.

Waste and pollution management

The NT EPA is currently reviewing the Waste Management and Pollution Control Act (WMPC Act) and the Litter Act. The review is considering the role and purpose of the WMPC Act and Litter Act within the broader Northern Territory environmental management framework. The aim is to identify improvements that can be made to the Acts to assist the Northern Territory achieve ecologically sustainable development.

The review is also considering non-legislative alternatives that could be adopted by the Northern Territory.

On completion of the review, the NT EPA will provide Government with advice under Part 3 of the Northern Territory Environment Protection Authority Act (NT EPA Act).

Environmental impact assessment

A number of reforms have been proposed to the Environmental Assessment Act. The reforms are intended to create a robust, contemporary environmental impact assessment framework for the Northern Territory. The proposed reforms seek to improve environmental outcomes and certainty for business and other stakeholders in the assessment process.





Northern Territory is ensuring legislation and policy is contemporary and supports Government’s objectives. Relevant legislations currently under review include:

Bushfires Act

Weed Management Act

Water Act

Water Waste Management and Pollution Control Act

Litter Act

Environmental Assessment Act


Waste Management and Pollution Control Act and Litter Act

The Waste Management and Pollution Control Act (WMPC Act) and mining and petroleum legislation have been designed to be complementary and allow for effective responses to environmental incidents which have impacts across the boundaries between mining and petroleum leases and other land tenures. The Acts have consistent environmental definitions and reviews are undertaken in consideration of how changes to definitions in one Act may improve or reduce the harmonisation between the legislation.

The review of the WMPC Act and the development of the NT Water Policy are specifically considering opportunities to reduce duplication in the management of pollution to waterways.

Reforms to the Environmental Assessment Act targeted on the quality of information received during the assessment process will improve decision making and environmental outcomes in the Northern Territory. They will also assist the Northern Territory to meet its obligations under assessment bilateral agreements.

Simplification of Wildlife Use Permits

The Territory Crocodile industry relies on the sustainable harvest of crocodile eggs from the wild through permits issued under the Territory Parks and Wildlife Conservation Act. Increased vertical integration of the industry requires movement of crocodiles between farms in the NT and Queensland, with complex import/export permit requirements. In order to reduce regulatory load on the industry and reduce administrative/compliance costs to government the following reforms are being implemented:

a) consolidate egg harvest permits so that a single permit allows the proponent to collect from multiple areas, and for up to 5 years. This has greatly reduced the total number of permits and transaction costs for industry and government; 40 permits in 2009 has been reduced to 14 in 2012.

b) development of "enterprise permits" or licences for crocodile farms. A single enterprise permit will cover most areas of farm activity and will apply for 10 years. The enterprise permit with allow for import and export without the need for application for a permit for each shipment. The further development of these into a farm licence will allow for transfer of ownership of animals with the sale of the farm;



c) reduce regulatory requirements for movement of crocodiles between NT and Queensland. In collaboration with Qld government, the requirements for export and import permits for each separate shipment will be reduced or possibly removed.

Threatened species assessment and listing processes

Threatened species reforms will reduce confusion among proponents and public arising from different threatened status of species in different jurisdictions. There will be greater consistency of assessment and listing processes across jurisdictions and recognition of assessments across jurisdictions


The proposed reforms to the Environmental Assessment Act include adoption of strategic environmental assessments to provide for improved landscape scale analysis of potential environmental impacts. Businesses will make savings in time and resources by being able to use the results of the strategic assessment rather than completing individual project assessments. Strategic assessments will also provide certainty to businesses and other stakeholders as to the appropriate types of development within the strategic assessment area.


Nil.



State of Queensland Overview and Objectives of Environmental Regulatory Reform InitiativesThe Queensland Government has committed to reducing red tape for business and industry by 20% by 2018. A basket of measures comprising the number of regulatory requirements, the number of pages of legislation and the value of savings is used to provide information on changes in regulatory burden and to track progress towards achieving the target.

In the environment portfolio a comprehensive regulatory reform program, known as the Greentape Reduction Project, is being implemented. The project encompasses a range of environment related legislation, including heritage, with a particular focus on the Environmental Protection Act 1994. This Act regulates industrial activities, including resources activities, and is the primary environmental statute in the state.

In stage one of the project in 2012-13, a substantial reform of environmental regulations delivered estimated savings of $20 million to business and government by streamlining application and approval processes using a ‘proportionate to risk’ approach, and removing duplicate processes. Some low risk activities were deregulated altogether, while others became eligible for standard conditions and fast track approval processes. These reforms reduced the number of regulatory requirements in the stock of environmental legislation by 20.4%. In 2013-14 a further 16.1% reduction in the portfolio’s regulatory count was achieved.

Stage two of the Greentape Reduction Project is progressing another round of reforms to further simplify and reduce duplication and unnecessary burden in regulatory processes. Legislative amendments passed in October 2014 facilitate significant reforms in contaminated land, environmental authority and environmental impact statement processes and provide a clearer and simpler framework for authorising reuse of waste as a resource.

The amendments have also introduced increased maximum penalties for more serious offences and a new enforceable undertakings compliance tool, reinforcing the Department of Environment and Heritage Protection’s Regulatory Strategy. The department now sets the environmental standards or outcomes that must be achieved, and industry has the opportunity to adopt innovative approaches to meet the standards or outcomes. This enables the department to focus resources on identifying environmental risks and on strong but proportionate enforcement action. The strategy addresses community expectations of strong environmental management and industry expectations of faster approvals and reduced regulatory burden.



The risk based approach is a fundamental principle of the Greentape Reduction Project. Since 2012 the environment and heritage protection portfolio has focused on reducing red tape without compromising the level of protection for the environment.



Reforms are being progressively implemented for environmental licensing processes, heritage protection, waste management, contaminated land, offsets, and nature conservation permitting. These include: deregulating the lowest risk activities; introducing standard conditions that can apply ‘off the shelf’ for eligible activities; development of outcomes focussed model conditions for mining and petroleum activities, composting and sewage treatment plants; removing public notification of environmental authorities for low-risk mining activities; regulation of only higher risk wastes with the potential to cause environmental harm; and streamlining processes for low risk or sustainable activities posing minimal threat to protected plants.


Within Queensland’s legislative framework considerable effort has been made to rationalise multiple provisions applying to the same activity or process. For example, recent legislative amendments have removed duplicate requirements in environmental impact statement and environmental authority processes for public notification and information requests. A range of duplicate provisions applying to management of contaminated land have also been rationalised. Queensland has also been negotiating an approvals bilateral agreement with the Commonwealth government to remove duplicative processes occurring at the national and state levels. The bilateral agreement will allow for a single assessment and approval decision and reduce the time delays and costs associated with multiple approvals.


Landscape scale issues are dealt with in the Queensland regulatory framework primarily through local and regional planning instruments, complementing the high conservation value protected areas network and related mechanisms such as private nature refuges and offsets. Queensland’s planning framework is currently undergoing a significant reform process which will generate substantial savings through reducing duplication and regulatory burden. A single environmental offsets framework now replaces five separate policies, is outcome-based, and aligns offsets across all three levels of government. The new policy allows financial settlement, land-based offsets, and offsets delivered as actions in a Direct Benefit Management Plan or a combination of these approaches. The offsets reform provides greater opportunity for landholders to receive income in return for voluntarily agreeing to manage their land, or part of their land, as an offset.


Though not widely used so far, market-based instruments are innovative policy tools capable of delivering environmental outcomes, cost-effectively. Following a successful pilot project conducted in 2013, a voluntary market-based mechanism for nutrient management is now in place offering an alternative investment option for regulated point source operators to manage their water emission requirements, while delivering water quality improvements. The pilot project uses alternative nutrient reduction actions to manage additional nitrogen discharges from a sewage treatment plant as a result of local population growth. The company has invested almost $1 million to repair 500 metres of eroded riparian corridors located close to the plant. The nitrogen savings will allow the plant to continue safely at its current capacity in the short-term—without undertaking expensive upgrades, which were estimated to cost $8 million.



South AustraliaOverview and objectives of environmental regulatory reform initiativesBuilding on the significant reforms achieved during the red tape reduction program overseen by the Economic Development Board from 2006 to 2012, South Australia has established a Simpler Regulation Unit in the Department of Premier and Cabinet to support implementation of one of South Australia’s ten Economic Priorities to make South Australia the best place to do business through “working to remove barriers to business growth, accelerate the approval processes, and ensure that our regulations support opportunity rather than create burdens”.

In South Australia, the Minister for Sustainability, Environment and Conservation has carriage of the majority of environmental legislation. Regulation of pollution-related activities is centralised and supported by an integrated approach to reform. However, as a result of South Australia’s sectoral approach to developing and administering some of its environmental legislation, the state’s environmental impact assessment legislation for sectors such as aquaculture, fisheries, mineral and energy resources and development resides with other Ministers1 or independent authorities2. As such, reforms are primarily sectoral focussed.

Previous reform activity identified has demonstrated that South Australia has already undertaken considerable reform work aimed at reducing the regulatory burden. For example, introducing leading practice outcome/ objective based environmental impact regulation and undertaking a whole of government red tape reduction program run from 2006 – 2012.

In identifying and consolidating South Australia’s input to the Review, all South Australian agencies with administrative responsibility for environmental legislation have identified past, current and proposed activities eligible for input to the Review. Shorter term reform options are mainly administrative, while regulatory reform, proposed and envisaged, will generally occur as part of longer term reforms.

At present, the priority reform work for South Australia is the one-stop-shop reforms to accredit state environmental assessment and approval processes under the EPBC Act and reforms in the waste sector. Other significant reforms include reviews of environmental protection policies relating to air and water quality, and the development of measures to evaluate the effectiveness of compliance efforts.

1 While eligible provisions of the Mining Act 1971, Petroleum and Geothermal Energy Act 2000 and Development Act 1993 are also currently under consideration for bilateral accreditation under section 45 of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999, it has been determined there is still scope and merit in considering these Acts under the National Review of Environmental Regulation. 2 Environment Protection Act 1993





South Australia has been applying a risk-based approach to environmental regulation for some time and is moving towards more of a risk-based approach in environmental impact assessments. Already in place, the Petroleum and Geothermal Energy Act 2000 (P&GE Act) incorporates a number of elements which apply risk- based approaches to regulation. This includes approving environmental objectives and assessment criteria for an activity to achieve and a risk-based assessment framework to determine the level of significance of a project. The compliance approach is based on operator compliance standard.

South Australia is implementing the High Performance Framework (HPF), which is a systemic approach to organisational performance management and continuous improvement within the South Australian Government. All agencies are required to undertake a self-assessment against ten characteristics in the HPF in a three year cycle with the aim to improve productivity and performance. The EPA is in the process of developing an 11th characteristic aimed at assessing regulatory efficiency and effectiveness. This aligns well with the national initiative under AELERT to develop a tool for assessing and benchmarking regulatory performance.

In further refinement of its risk-based approach to regulation the Environment Protection Authority (EPA) implementing a harms-approach to prioritise regulatory efforts on issues of greatest risk to cause harm. For example the EPA is reviewing the Water Quality (Environment Protection) Policy under the Environment Protection Act 1993 (EP Act) to provide a more flexible policy that is risk-based and regulates based on potential or actual environmental harm.

In addition, Biosecurity SA, in partnership with regional Natural Resources Management (NRM) Boards and the Department of Environment, Water and Natural Resources, is leading a review of declared plants under the Natural Resources Management Act 2004. As a result, all declared plant policies will incorporate current best practice weed management and a risk management approach. The outcomes will be increased effectiveness of weed management by NRM Boards, maximised benefits from investment in weed control by landowners and state


Consideration is currently being given to removing the threatened species schedules from the National Parks and Wildlife Act 1972 so they can be amended more frequently, thus ensuring that they reflect the current conservation status of the species listed. The intent will be to provide better alignment with other jurisdictions, as well as IUCN, which will deliver streamlining for businesses when considering impacts to threatened species under bilateral or cross border assessment processes.

A review of the Aquaculture Regulations 2005 includes reviewing environmental aspects of aquaculture regulation; including off label chemical use, EPA referrals for licence applications/ variations, environmental monitoring requirements and reporting of interactions with aquaculture development and stock escape. The outcomes will be reduction in duplication of governance, and reduction in red tape and improved robustness of aquaculture environmental monitoring and reporting.




While reform activities under this theme are focussed predominantly on strategic approaches, there are likely to be landscape scale approaches retained and possibly modified under the land planning reforms which will come as a result of current reforms. For example, an Expert Panel on Planning Reform has been established to review the state’s planning system, its intersections with other relevant legislation and to propose options for system reform. The final report will outline a range of recommended changes to the state planning system so that it can better meet South Australia’s current and future land use and development challenges.


While there are no current reforms or proposed reforms which incorporate market based mechanisms, South Australia has examples of where these have been implemented to influence licensee behaviour. The P&GE Act provides a discount to licence fees, lower supervision and lesser regulatory requirements for good environmental performance, and the EP Act similarly provides for the payment of licence fees linked to environmental performance and a solid waste levy for material disposed of to landfill. The levy provides a financial incentive for industry to seek alternatives to the disposal of waste products, encouraging reuse and recycling of materials.

Further to this, South Australia has completed the staged implementation of the Environment Protection (Waste to Resources) Policy. The Policy requires suitable waste produced in metropolitan Adelaide to be subject to resource recovery processes prior to being able to be disposed of to landfill. Certain materials are also generally banned from disposal to landfill under the Policy. This has provided further incentive for industry to seek alternatives to the disposal of waste products, encouraging reuse and recycling of materials.



TasmaniaOverview and Objectives of Environmental Regulatory Reform InitiativesThe focus for environmental regulatory reform in Tasmania has been upon planning system efficiency and a sustainable future for the forest industry.

The planning reform agenda is a far reaching and comprehensive approach to review of all elements of the planning system to ensure that planning decisions are appropriate, consistent and efficiently made through a single Statewide planning system. The review is informed by an expert taskforce with experience in all aspects and perspectives of the planning system.

The Government introduced a Bill to Parliament in October 2014 as the first stage in implementing the planning reforms. The Bill provides shorter approval timeframes for permitted development and more streamlined processes for amending planning schemes and for finalising the current interim schemes to provide a consistent structure to support introduction of a single statewide planning scheme, and related reforms.

The Government intends to introduce legislation for the statewide planning scheme in 2015. The remaining planning reforms include a review of major projects approvals including in-principle approvals and Ministerial call-in powers. The Minister for Planning and Local Government has also established an Interdepartmental Committee to oversee development of new state policies to support the statewide planning scheme.

The broader environmental regulatory reform agenda includes the recent appointment of the Coordinator General, a senior position charged with facilitating efficient consideration of development proposals and working with regulatory agencies to improve assessment and regulation processes. The Regulation Reduction Coordinator will report to the Coordinator General and will lead the red and green tape reduction program which includes an annual regulation audit. The target is a 20% reduction in red and green tape.

This reform agenda is also reflected in operational changes which serve to ensure that regulatory effort is more effectively targeted in accordance with risk to the environment and proponents of new developments are provided with better guidance about assessment expectations. Regulatory processes are under review to focus monitoring obligations in accordance with risk, reduce the cost of reporting and review regulatory standards in line with community expectations.

The Forestry reform agenda has been directed at providing greater certainty for industry within an environment of community expectations about forest reservation and the need for forest product certification in the market place.

An immediate priority has been the development of environmental assessment and approval bilateral agreements with the Commonwealth Government with the implementation of a revised assessment agreement and the finalisation of a draft approvals agreement.





The statewide planning scheme will deliver consistent planning controls across the State, including consistent zones and development and use standards which are appropriate and proportionate to the circumstances and community expectations. There will be a higher proportion of permitted development and use where the standards to be met and the acceptable solutions to meet these standards are clear.

The regulatory audit process will ensure that regulatory interventions are prescribed in such a manner that they are appropriate and proportionate to the degree of environmental risk to be managed.

Operational environmental regulation is now being undertaken in accordance with compliance management plans which are directed to ensuring that regulatory investment and intervention is proportionate to risk and that responses are as efficient as possible.

The monitoring requirements of regulated premises are being reviewed as part of the routine regulatory instrument reviews to ensure that monitoring effort is appropriately targeted and proportionate to risk.

Reporting requirements for controlled waste movements are being streamlined to reduce administrative burden for operators and regulators alike.


Tasmania’s excellent history of cooperative environmental assessment of development proposals with the Commonwealth has been further enhanced with the implementation of a revised bilateral agreement for environmental assessments. A draft approvals bilateral agreement has also been finalised.

Tasmania already operates an integrated environmental assessment process which see’s the EPA operate as the focal point for larger environmental assessment across all Government Departments.


The planning reform agenda is directed to providing a strategic approach to decision making in Tasmania to ensure that decisions are consistent and appropriate and are delivered through a simpler, cheaper, faster and fairer planning system. The development of new state policies will provide a strategic framework for the statewide planning scheme and inform regional land use strategies and the spatial application of zones.


Tasmania continues to build upon it record of market intervention in conservation of natural resources with investors and development proponents investing in nature conservation covenants, land management agreements, environmental offsets, species recovery or management programs and conservation research.



Victoria* Any outstanding implementation matters and/or future work will be subject to consideration and authorisation by the new Victorian Government.

Overview and objectives of environmental regulatory reform initiativesVictoria is committed to maintaining a resilient, healthy environment. Having in place a regulatory framework that maintains environmental standards and protects the environment is important to deliver on this commitment. The objectives underpinning reform initiatives are: for regulations to be effectively designed to achieve policy goals and efficiently administered to provide certainty, consistency and transparency; and to minimise costs. These objectives apply across the spectrum of regulated activities, including management of waste and pollution, forestry, biodiversity and public land. A range of reforms have been completed across these regulatory areas that reflect one or more of the four strategic themes covered in Part B.

Improvements to operational practice and streamlining of administration have also been features of reform initiatives. For example, the Environment Protection Authority (EPA) Business Services Reform has streamlined administration through the ability for industry to lodge and view more information via an online portal, and improved internal workflows and information management. The completed 2013-14 components of the EPA Audit Reform and EPA Approvals Reform are other examples of where improvements to administrative efficiency and greater stakeholder certainty are reducing regulatory burden.

The Victorian Competition and Efficiency Commission (VCEC) conducts inquiries and makes recommendations to government about improving the regulatory environment and best practice regulation across all portfolio areas. Some environmental reform initiatives are undertaken in response to recommendations made in VCEC inquiries or studies. For instance, in response to a VCEC inquiry into Victoria’s regulatory framework, all Victorian regulators are expected to perform in accordance with a specific Ministerial Statement of Expectations, to improve clarity and accountability.

A broad red tape reduction program has also been operating in Victoria and the environmental regulation reform initiatives that have been completed in Victoria have generally formed part of this. The Victorian Regulatory Change Measurement Manual requires that where reductions in administrative, compliance and delay costs are anticipated to be in excess of $2 million per annum, these savings must be estimated via a Regulatory Change Measurement (RCM), in order for these savings to contribute to Victoria’s red tape savings target. RCMs are published once they have been independently verified by VCEC.





The administration of coastal consents in Victoria has been reviewed and streamlined to focus regulatory effort on those activities with higher risks. As a result, coastal businesses, communities and managers are able to carry out most lower risk activities and works on the coast without applying for individual consent, and regulatory burden for medium risk activities has also been reduced.

The formal introduction of a risk-based approach in Victoria’s native vegetation permitted clearing regulations has also streamlined the assessment process for the majority of clearing applications falling into the low risk pathway. The Victorian Government has announced a further review of the native vegetation permitted clearing regulations to ensure that the regulations sensibly protect sensitive native vegetation.

The review and amendment of the environmental regulatory framework for commercial timber harvesting on Public Land under the Sustainable Forests (Timber) Act 2004 is another example, which has resulted in a flexible and tailored approach to matters of non-compliance proportionate to the environmental impact and culpability of the offender.


The One-Stop-Shop for environmental assessments in Victoria is an example of removing duplication between federal and state regulatory processes. The new assessment bilateral agreement under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) was signed by the Commonwealth and Victoria in October 2014, with a commencement date of 26 December 2014. The agreement provides a single process for environmental assessments and reduced regulatory burden for proponents.


Under the Melbourne Strategic Assessment (MSA), a single, simplified approvals process under state and Commonwealth legislation applied early in the planning cycle removes the need for the development industry to make individual referrals to the Commonwealth under the EPBC Act. This approach has meant that land use planning, development and mitigation can occur at a landscape scale with benefits for development in providing long term certainty and more manageable consolidated offsets. The MSA has resulted in increased planning certainty and reduced costs for development proposals in growth areas where approval conditions are met; significant time and cost savings to landowners wishing to develop their land; and improved biodiversity outcomes for matters of national environmental significance through ensuring that reserves are strategically located and connected.


Victoria has made use of market based approaches to biodiversity regulations since the introduction of native vegetation clearing controls in 1989. Key features of the offset market in Victoria include scientific metrics for measuring the condition and extent of native vegetation and pre-defined rules for calculating offset requirements.



Western AustraliaOverview and objectives of environmental regulatory reform initiatives

The Western Australian Government has had a significant program in regulatory reform over the last five years and has further reform initiatives currently underway.

The Western Australian Government established a high-level Ministerial taskforce in 2008 to review all environmental legislation and approvals processes and to recommend changes to ensure they meet world’s best practice on biodiversity conservation and sustainable development.

Western Australia’s well-established environmental regulation reform agenda has included including amendments to the Environmental Protection Act 1986, the Waste Avoidance and Resource Recovery Act 2007, the Litter Act 1979 and refocused environmental approvals delivery.

In 2013 the Government released the Environmental Offset Register which was designed to meet industry, government and community expectations for transparency. The Offset Register provides a consolidated record of environmental offsets arising from Ministerial conditions following the Environmental Protection Authority’s assessment of proposals and from conditions of clearing.

To support the Environmental Offset Register, Guidelines were devolved in consultation with peak industry groups and then published in August 2014. The Guidelines were developed through targeted consultation to provide a framework for consistent application of environmental offsets across all processes to protect and conserve environmental and biodiversity values, and provide certainty, predictability and transparency to Government, business, developers and the community.

The Western Australian Government has also made a number of changes to subsidiary legislation in order to improve environmental outcomes, remove duplicative processes as well as improve processes and certainty for stakeholders. Amendments were made to the Environmental Protection (Noise) Regulations 1997 and the Environmental Protection (Controlled Waste) Regulations 2004 showcase the Government’s commitment to improved transparency and clarity as well as efficient and effective processes for industry and the community.



The Western Australian Government understands the importance of risk based regulation and the benefit of proportionate interventions. The WA Government is currently looking at making amendments to the Environmental Protection Act 1986 to streamline processes for environmental impact assessment, clearing permits, industry licences and to improve targeting of regulatory requirements. These amendments will introduce interventions that will reduce administrative burden on stakeholders as well as improve flexibility and adaptive responses.


The Western Australian Government has focused much of its reform around harmonisation and removal of duplication. The Government’s new assessment bilateral agreement under the One Stop Shop demonstrates the effectiveness of a strategic approach, as it provides for a single assessment process between processes under the Environmental Protection Act and the EPBC Act.




The Western Australian Government recognises and appreciates the value in strategic and landscape scale approaches to regulation. The Government is currently looking at new biodiversity conservation legislation in order to replace the dated Wildlife Conservation Act. The new legislation will be simpler and targeted to important modern biodiversity conservation outcomes. Along with updating this legislation the WA Government is also currently making amendments to the Conservation and Land Management Act. These amendments will improve cooperative management of conservation reserves and allow creation of conservation areas which in long term will deliver improved environmental outcomes. The Western Australian and Australian Governments are progressing a strategic assessment of the Perth and Peel regions under the EPBC Act to provide for development that integrates environmental, economic and social goals.


The Western Australian Government has used market based mechanisms as a way to achieve improved environmental outcomes whilst also improving transparency and in turn stakeholder certainty. The WA Government has two planned initiatives that capture the benefits of using market based mechanisms in achieving regulatory reform. The main initiative is the WA Offsets Metrics which provides a scientifically robust, practical method for calculating offsets for all relevant environmental values in Western Australia.

The other initiative is a substantial increase in the landfill levy rate from 1 January 2015 to drive diversion of waste from landfill. The new landfill levy rates act as an economic instrument to increase the price of landfill disposal relative to recycling and resource recovery. The levy also serves to generate funds for a range of waste initiatives and environmental purposes.



Australian GovernmentOverview and objectives of environmental regulatory reform initiatives

The Australian Government announced a red tape reduction programme in 2013 to reduce regulatory burden for individuals, businesses and community organisations by at least $1 billion a year. The Office of Best Practice Regulation was established within the Department of the Prime Minister and Cabinet to oversee and monitor progress towards meeting reform targets. All Cabinet submissions require Regulation Impact Statements. A Regulator Performance Framework has also been developed to encourage regulators to undertake their functions with the minimum impact necessary to achieve regulatory objectives and to effect positive ongoing and lasting cultural change within regulators.

The Australian Government’s key environmental reform activities include:

One Stop Shop for environmental approvals

The Australian Government is committed to the implementation of the One-Stop Shop to streamline environmental assessment and approval processes under the Environment Protection and Biodiversity Conservation Act 1999. The policy is being implemented through bilateral agreements between the Australian Government and each state and territory. State and territory assessment and approval processes that meet the standards of the EPBC Act can be accredited under the agreements, removing the need for a separate Australian Government approval. This will reduce duplication and delay, saving millions of dollars.

Streamlining and removing duplication

The Australian Government has actively moved to streamline several pieces of legislation including implementing amendments to the Sea Installations Act 1987 and associated levy Act and to make the National Offshore Petroleum Safety and Environmental Management Authority the sole regulator for petroleum activities in Commonwealth waters.

The Government has also reformed the Environment Protection and Biodiversity Conservation Act 1999 to enable cost recovery and facilitate better reporting of environmental impacts and increase transparency for the public.

Chemicals and hazardous waste reforms

The Australian Government is also updating legislation that controls trans-boundary movement of hazardous wastes to make it easier to understand and administer. The Government is also working in close partnership will all jurisdictions to progress a Decision Regulation Impact Statement on options for establishing a nationally consistent approach to environmental risk management of industrial chemicals.





The Australian Government recognises the importance of risk-based regulation and the benefit of proportionate interventions and has made several reform decisions that reflect this strategic theme. The Government is currently looking to reform the National Landcare Programme (regional stream – national heritage trust) which will deliver greater decision-making autonomy to regional natural resource management organisations and local Landcare groups. This will reduce unnecessary administrative burden, improve stakeholder participation and move towards a more outcome based focus.


The Australian Government has made several regulatory decisions to move towards harmonisation and remove duplication. In March 2014 the Government repealed section 255AA of the Water Act which removed duplication with EPBC requirements and reduced regulatory burden to businesses in relation to mining and interception activities.

The Australian Government is also working with jurisdictions to prepare a COAG Decision Regulation Impact Statement on options for establishing a nationally-consistent approach to environmental risk management of industrial chemicals. This reform will deliver positive benefits for business through a more streamlined, consistent and transparent regulatory environment across Australia.


The Australian Government partners with State and Territory governments and industry to undertake strategic assessments in high growth areas. Strategic assessments can provide early regional level guidance on appropriate areas for development and conservation activities which further streamline the environmental approvals process. For example, the recent Melbourne Urban Growth Boundary strategic assessment will achieve an estimated saving to business and government of $3.27 billion and protect over 12,000 hectares of new grassland reserves.

The Australian Government is undertaking a programme of bioregional assessments to better understand the potential impacts of coal seam gas and large coal mining developments on water resources and water-related assets. The science-based studies develop multi-layered records of the natural environment in specific bioregions with explicit assessment of potential direct, indirect and cumulative impacts on water resources both above and below ground.


The Australian Government has initiated the Reef Trust Wet Tropics Tender as part of its $40 million Reef Trust investment. The Reef Trust Tender – Wet Tropics is a $5 million Programme that provides incentives to sugar cane farmers to improve their nitrogen use and efficiency and farm sustainability. A market-based competitive tender (or reverse auction) will be used to allocate funding through a procurement process. Tenders received from farmers will be assessed competitively and ranked in order of an Environmental Benefits Index. Those that offer the greatest value for money will be prioritised for funding.

The Restoring the Balance in the Murray-Darling Basin program, utilises reverse auctions to acquire $3.2 billion in water entitlements which best meet the environment's needs. The water buybacks obtain water from irrigators who wish to offer their water entitlement for sale.

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