The bill proposes to amend the Environment Protection and Biodiversity Conservation Act 1999 to introduce time limits and restrict who can request reconsideration of decisions related to environmental approvals. Specifically, it limits the timeframe for requesting a reconsideration to 36 months after the decision, with exclusive rights thereafter granted to relevant state or territory ministers.
The Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) Bill 2024 seeks to amend the EPBC Act to impose a 36-month time limit on requests for reconsideration of decisions. This bill specifies that after this period, only state or territory ministers where the action is proposed can request reconsideration. Amendments include changes to subsections 78(1), 78A, and 78B, clarifying who may request reconsideration and under what conditions. For instance, the bill amends subsection 78A(1) to restrict the ability to request reconsideration to within 36 months post-decision, after which only state or territory ministers can make such requests. It also ensures that a minister cannot request reconsideration for actions proposed solely in another jurisdiction.
Normative Bases- Hobbesianism
- Propertarianism
The bill should be supported because it provides much-needed certainty and stability to environmental approvals, which is essential for both governmental authority and private investments [Judgment]. By limiting who can request reconsideration and setting a clear timeframe, the bill addresses potential indefinite uncertainty that could undermine confidence in the approval process. This approach protects property rights by ensuring that once an approval is granted, it cannot be easily overturned or endlessly contested, thereby supporting stable investment environments.
Normative Bases- Environmentalism
- Pro-Democracy
The bill should be opposed because it unnecessarily restricts public participation in environmental decision-making processes, potentially allowing harmful projects to go unchecked if new evidence arises after the 36-month period. Such limitations may prevent valid reconsiderations that could protect ecosystems and biodiversity, thereby undermining environmental protection efforts [Judgment]. Furthermore, it reduces the democratic engagement of citizens and organizations in environmental governance by concentrating decision-making power in the hands of a few state or territory ministers.
Sponsor:
COLBECK, Sen Richard
Categories:
Climate Change / Environment, Democratic Institutions, Discrimination / Human Rights
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