New reef cops on the beat? But the policy game remains

There has been a lot of angst regarding the recently announced creation of a Federal Environmental Protection Agency (EPA).

This was not helped by some media outlets describing the role of the new EPA as the new “tough cop on the beat”. Others have been speculating that the EPA heralds an attempt by the federal government to make the Reef Regs even tougher.

Neither of these things are true.

So, what will the new EPA do?

Currently, the Federal Government (under the Environment Protection and Biodiversity Conservation Act 1999) has jurisdiction over any development application or approval that might affect one of the nine Matters of National Environmental Significance (MNES). These are:

• Threatened species and communities

• Listed migratory species

• Ramsar wetlands of international importance

• Commonwealth marine environment

• World Heritage Properties

• National Heritage Places

• The Great Barrier Reef Marine Park

• Nuclear Actions

So, for example, if a developer wishes to build a resort near a wetland, then that application might need to be assessed by the Federal Department of Environment and signed off by the environment minister.

Previously, this process was unwieldy for a lot of reasons. There was never much publicly available documentation detailing how these assessments were to be made, and the fact that state governments retained jurisdiction over almost every other part of a development proposal created a lot of duplication.

Following a review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the Federal Government has agreed to devolve the responsibility of reviewing such applications and approvals to state government agencies instead.

But it will also be creating a federal Environmental Protection Agency, to oversee state decision-makers and ensure they are conducting these assessments in accordance with the new National Environmental Standards.

It is these new National Environmental Standards that are most important to industry.

Don’t worry about the umpire. Worry about the game.

They will be the publicly available Standards that guide decisions on development activities that could impact Matters of National Environmental Significance – including the reef.

It is these rules that will determine whether decisions must be fair for industry. The EPA is just the umpire that makes sure the rules are followed.

The Standards have not yet been set, and CANEGROWERS will be consulted on these during 2023 through its membership of the National Farmers' Federation (NFF).

It is critical to be involved in this process. This is because the federal government has made a commitment that anything approved under the EPBC Act doesn’t just prevent loss of environmental values but actively delivers net-positive outcomes.

This means that once these National Environmental Standards have been adopted, they can only be changed if the proposed amendments improve environmental protection. So, if they are unduly onerous, there will be no mechanism to make them more balanced in the future.

It is absolutely critical that these Standards are fair for farmers. We have one chance to do this right.

This is what CANEGROWERS is working on with the NFF. In the meantime, the EPA is of less concern.

Don’t worry about the umpire. Worry about the game.

What does this mean for the reef?

The Great Barrier Reef Marine Park is one of the nine Matters of National Environmental Significance that are governed under the EPBC Act.

However, this applies to the Marine Park itself. The State government has jurisdiction over activities on land that impact the reef, such as the Reef Regulations 2019 that impose regulations on farmers in an attempt to improve reef water quality.

So far, there is nothing in any of the Federal Government’s new proposals around the EPBC Act that gives the federal government power over regulations such as the Reef Regs, or suggests they are interested in increasing their say over what farmers can and can’t do near the coast.

Reef regulations will continue to be a state issue. One that CANEGROWERS will continue to advocate for our members on.