Nature Positive Plan: better for the environment, better for business 2022

1. Improved transparency in project assessments The government will also work to develop a strategic, Projects assessed under national environmental law will effective, meaningful and culturally informed approach to be required to provide estimates of emissions expected inclusion of First Nations knowledge in listing assessments, across the life of the project, including their approach conservation planning and threat abatement for species to managing emissions in line with the government’s and ecological communities. This work will also look at commitments. Estimates will include emissions released how species that are of cultural significance to First Nations and removed from the atmosphere, including those people are considered in environmental and heritage generated as a direct result of an activity (Scope 1 protection processes. Recognition of culturally significant emissions), and those from the indirect consumption of species can improve the way communities help maintain an energy commodity (Scope 2 emissions). biodiversity and ecosystems in Australia.

2. Improved planning and landscape-scale approaches to facilitate adaptation to climate change As First Nations people increasingly share their Regional plans, strategic assessments and other knowledge, the government will ensure appropriate strategic planning will be required to consider climate access and handling and the protection of Indigenous change and include environmental adaptation and Cultural and Intellectual Property (ICIP). resilience measures. Commonwealth responsibilities will be clarified in line with international commitments The government will make improvements to the national environmental law’s coverage of climate, water and nuclear actions. Changes will deliver effective protections for these nationally important matters and uphold our international commitments. 2 This will apply unless there is clearly no First Nations relevance (e.g. Antarctic projects) 3 These recent activities include: Free, Prior and Informed Consent in the work of the Australian Heritage Council’s’ policy developed by the Australian Heritage Council in 2021, and the Commonwealth’s Engagement and East Gungahlin School energy efficiency © Department of Climate Change, Partnership Framework. Energy, the Environment and Water—Photographer Dragi Markovic 14 Nature Positive Plan: better for the environment, better for business The government’s commitment to protect 30% of lands Threatened Species Scientific Committee will provide and waters by 2030 will further contribute to delivering advice in 2023 on whether a Threat Abatement Plan ecologically representative and well-connected systems would be a feasible, effective and efficient way of and will create critical climate refugia for Australian addressing threats from climate change. Better environment and heritage outcomes plants and animals.

3. Improved information and climate-impact modelling ‘Loss of Climatic Habitat Caused by Anthropogenic These commitments will be underpinned by Emissions of Greenhouse Gases’ is listed as a Key improvements in information and understanding of Threatening Process under the current EPBC Act. The future climate scenarios, including information on climate-exposed habitats, species and places. This information will be made publicly accessible and Box 1: The Australian Government is taking contribute to better regional planning. strong action on climate change Climate change is one of the greatest threats to our environment, accelerating biodiversity loss Water resources and species extinctions globally. Climate change is The government will amend the water trigger to ensure exacerbating threats from habitat fragmentation, the appropriate management and protection of water land-clearing, expansion of invasive species, and resources from all forms of unconventional gas (e.g. some agricultural management practices. Combined, shale and tight gas), in addition to coal seam gas and these create cumulative impacts and amplify threats, large coal mining developments, to include new forms reducing ecosystems’ ability to recover after extreme of gas extraction that had not been contemplated when Better, faster decision-making and clear priorities events, making them even more vulnerable. the water trigger was initially developed. The Australian Government is committed to taking The government also agrees with the review that ambitious action on climate change. In September national environmental law should recognise 2022 the landmark Climate Change Bills were Commonwealth, state and territory water management passed, ensuring Australia’s emissions reduction systems, where these adequately protect and manage target of 43% and net zero emissions by 2050 are water resources. enshrined in legislation. The legislation empowers the Climate Change Authority to provide the Changes to expand the scope of and access to government with independent and expert advice independent expert advice provided by the Independent while agencies including the Australian Renewable Expert Scientific Committee on Coal Seam Gas and Large Energy Agency, the Clean Energy Finance Coal Mining Development will ensure all states and Corporation, Infrastructure Australia and the territories have access to independent expert advice on Northern Australia Infrastructure Facility will embed managing impacts on water resources. amended targets in their objectives and functions. In October 2022 the government joined over 120 Nuclear actions countries in committing to collectively reduce The government will improve the consistency and global methane emissions across energy and efficiency of regulation of nuclear actions by bringing resources, agriculture and waste sectors. Legislation EPBC Act requirements into line with the radiation has been introduced into parliament to heal the management standards of the Australian Radiation Accountability and trust ozone layer and reduce harmful emissions. The Protection and Nuclear Safety Agency (ARPANSA). Government will continue to partner with industry ARPANSA’s codes and guides promote best practice to decarbonise the economy and improve ozone radiation protection. A uniform national approach to protection, including capturing waste methane to regulation of radiation will be delivered through the generate electricity. new National Environmental Standards. This approach The new targets reflect the government’s resolve will maintain the Australian Government’s focus on to urgently step up the pace of action, to work protecting the community and environment from the alongside global partners, and particularly with our harmful effects of radiation and radioactive material. Pacific family, to tackle the climate crisis and keep 1.50C degrees of warming within reach. Nature Positive Plan: better for the environment, better for business 15 16 Nature Positive Plan: better for the environment, better for business Workers at a construction site Better, faster decision-making and clear priorities Nature Positive Plan: better for the environment, better for business 17 Better, faster decision-making and clear priorities Well-designed and well-implemented laws promote Existing accredited agreements, arrangements certainty and minimise costs for business and the and strategic approaches include assessment community. This is not a choice between environment bilateral agreements with states and territories, and jobs. It is not a choice between protecting our and Commonwealth environmental regulatory and unique wildlife, heritage and places and approving management frameworks including Commonwealth developments. The Australian Government will simplify fisheries and the National Offshore Petroleum Safety and streamline processes to deliver faster, clearer and Environmental Management Authority (NOPSEMA) more efficient decisions, while safeguarding our unique strategic assessment. environment and heritage. The government will work with parties to existing The National Environmental Standards will be outcomes accredited agreements and arrangements to integrate focused and provide certainty to the community, the new standards and requirements. reducing time frames and costs for business. Regional Once the new foundations for accreditation are in place, planning will speed up development and decision- states, territories, and Commonwealth agencies will making by identifying priority areas for protection, be able to apply to become accredited under national development and restoration. Strong accreditation environmental law to further streamline decision- arrangements will continue to deliver harmonisation, making and provide a single decision-maker for projects. where other regulators can meet the standards. Any decision to accredit will be made by the minister Better guidance and support to proponents on the under national environmental law. Decision-making use of environmental offsets will facilitate improved by accredited parties and territories will be subject to environmental outcomes and faster project approvals. their compliance with all relevant standards, and full The government will also progress reforms to streamline disclosure of environmental performance data. regulatory processes for environmental assessments As accreditation will take time, and not all jurisdictions and wildlife trade and establish common national will seek or satisfy the requirements for accreditation, approaches to listing of threatened species and the Commonwealth, through the EPA, will continue to ecological communities. play a role in environmental decision-making. Accreditation will be based on Regional Forest Agreements National Environmental Standards Regional Forest Agreements (RFAs) are in place between the Australian Government and some state governments The government is committed to improving and will continue to operate. RFAs are already subject to accreditation arrangements and ensuring that robust a requirement to have regard to environmental values oversight and clear requirements for decision-making such as old growth, wilderness, endangered species, apply to accredited parties. All accredited arrangements national estate values and World Heritage values. will be subject to National Environmental Standards. The However, they are exempt from assessment under the EPA will provide assurance and independent oversight current EPBC Act and are unique in that respect. of accredited processes, ensuring that environmental outcomes are being met. 18 Nature Positive Plan: better for the environment, better for business Better environment and heritage outcomes Better, faster decision-making and clear priorities Renewable energy options The government will work with stakeholders and Regional plans will speed up decision-making and relevant jurisdictions towards applying National deliver nature positive outcomes at a landscape scale, Environmental Standards to Regional Forest Agreements including by addressing cumulative impacts. Regional to support their ongoing operation together with plans will enable active management of our landscapes, stronger environmental protection. The timing and oceans, waterways and places through a three-level form of this requirement will be subject to further spatial system: consultation with stakeholders. Consultation will § Areas of High Environmental Value, where consider future management and funding opportunities development will largely be prohibited. These are under voluntary environmental markets. areas of high environmental sensitivity, including with World Heritage or National Heritage values, Ramsar Regional plans will guide wetlands, critical habitat for threatened species and, by agreement, other areas of high conservation sustainable development and significance. This will provide planners and prospective environmental restoration proponents with certainty including an early ‘no’ so developments can be directed towards areas where there will be less environmental impact. The government has committed $29.3 million to § Areas of Moderate Environmental Value, where make an immediate start on regional planning and Accountability and trust development will be allowed, subject to an approval guide sustainable development. The government will process and any agreed rules. These are areas of work with state and territory governments to identify moderate environmental sensitivity that may contain locations for initial regional plans. Priority areas for matters of national environmental significance. consideration will be those experiencing development Development in these areas will be required to adhere pressure and with high biodiversity values. These to the mitigation hierarchy, under which impacts might include urban growth areas, renewable energy should be avoided then mitigated or, if this is not zones, and future development areas. The first regional possible, offset (either by securing environmental locations should also have a variety of ecosystem types. offsets or making conservation payments) in accordance with any priorities identified in the regional plan. Nature Positive Plan: better for the environment, better for business 19 Rainforest, Fraser Island National Park § Development Priority Areas, where the planning to project assessments and decision-making by the process has determined development can proceed Commonwealth, states and territories. without a separate Commonwealth environmental The government will seek to trial the application of approval. Consistent with current practice, state and regional plans with states and territories to determine territory planning and environmental approvals will whether they are practical before finalising the Regional still be required for certain types of land use and Planning Standard. Other standards will underpin development in the Development Priority Areas. implementation of regional plans. Once regional plans are in place, individual projects will The government aims to complete the first round of need to demonstrate compliance with the plan. regional planning by 2028. In areas where regional Regional plans will also identify areas necessary for plans are not yet in place, proposed developments restoration and management, and help Australia likely to have a significant impact on MNES will follow meet its biodiversity objectives, including the 30x30 an assessment process similar to that which will apply target. Areas adjoining or connecting Areas of High in Areas of Moderate Value in a regional plan. Proposed Environmental Value will be particularly important. developments will be required to avoid impacts on critical habitat and otherwise apply the 4-step offset hierarchy The definition of ‘Areas of High Environmental Value’ will be described below to deliver a net positive environmental essential to the practical implementation of regional plans outcome at the project level. and will form the basis of consultation with stakeholders during the development of standards. Central to this A digital platform for regional plans will present up-to- definition is recognition that impacts in Areas of High date monitoring data and information to demonstrate Environmental Sensitivity cannot be offset effectively. how the regional plan is benefiting sustainable Conservation planning documents will provide foundational development and nature positive objectives across the evidence for the development of regional plans. landscape, over the term of the plan. A principles-based Regional Planning Framework has The incorporation of First Nations people’s values, been developed collaboratively with stakeholders. aspirations, knowledge and science will be an objective of The Regional Planning Framework provides high-level all regional plans. Incorporating local First Nations cultural guidance to planners and partners looking to undertake knowledge by embedding it within the objectives and regional planning. A National Environmental Standard priorities of the plans, will foster appropriate methods for Regional Planning will be developed together of caring for Country. The standard for First Nations with approaches to assessment to create a practical engagement and participation in decision-making will be framework for implementation of new environmental applied to the development of regional plans. laws. Regional plans will support a consistent approach 20 Nature Positive Plan: better for the environment, better for business Environmental offset A National Environmental Offsets System will be released by the end of 2022, to track and report on the arrangements will deliver better use and delivery of environmental offsets. overall environmental outcomes The government will issue new guidance for proponents Better environment and heritage outcomes on how to identify and manage their own environmental Current offset arrangements are contributing to offsets. This will outline criteria for the appropriate use environmental decline. Offset arrangements do not of environmental offsets, including: require outcomes that are better for the environment § contribution of offsets to net positive outcomes for overall, many offsets deliver no benefit at all as they Matters of National Environmental Significance involve ‘protection’ of areas that would not have been § delivering ecologically feasible and effective offsets cleared and they are not maintained long-term. At the § adaptive management and reporting requirements same time, offset requirements are difficult to comply § priority offset areas and activities. with, cause delays and impose significant, unproductive costs on proponents. To support streamlining and enable the achievement of better, more strategic environmental outcomes, The government will reform offset arrangements to the government will enable proponents to make ensure they deliver gains for the environment and conservation payments where they are unable to reduce delays for proponents. The government has finalise proposed developments due to their inability committed $12 million for this purpose. to find suitable environmental offsets. Establishment A National Environmental Standard for Environmental of a conservation payment will send a clear price signal Better, faster decision-making and clear priorities Offsets (Environmental Offsets Standard) will be so proponents have an effective incentive to avoid and made under law to provide certainty and confidence mitigate impacts on the environment. A price signal will in the application of environmental offsets. Changes promote compliance with offset requirements. to environmental offsets will assist proponents to Conservation payments would be based on the cost of demonstrate net positive outcomes as required by like-for-like habitat restoration (including land value) the standard for Matters of National Environmental and management and a premium designed to address Significance. risks and ensure an overall environmental benefit from New offset arrangements will establish the following the proposed development. Cost-setting arrangements hierarchy of action: will be in Regulation, and include indexation, to provide certainty and ensure proponents continue to face the 1. avoid harm to the environment right financial incentives to avoid and reduce their 2. reduce or mitigate environmental damage environmental impact. 3. identify offsets within the region that deliver a net gain for the imperilled plants or animals Conservation payments will be made to, and invested 4. make a conservation payment to enable a better by, a body such as an independent government trust overall environmental outcome. to ensure funds are used for their intended purpose and subject to full public accountability. The New South Proponents will need to first demonstrate attempts to Wales Biodiversity Conservation Trust is an example of avoid and mitigate harm to protected matters before such a trust. resorting to environmental offsets. This mitigation hierarchy will be strictly enforced. Where residual An evidence-based investment strategy, underpinned Accountability and trust impacts cannot be avoided and offsets are necessary, by conservation planning documents, will be developed the offsets should be ‘like for like’ and deliver a net to ensure conservation payments are used to deliver benefits for MNES. optimal environmental benefits. Like proposed development offsets, conservation payments could The use of ‘averted loss’ offsets (protecting one be invested in feral pest management and fire/flood patch of existing habitat in exchange for clearing or protection as well as habitat restoration. Investments loss of another) will be discontinued, unless it can would not be required to be ‘like for like’ if this would be demonstrated that the habitat is under clear and not result in the best overall environmental outcome. imminent threat. A focus on improving habitat and Investments may be targeted towards the management reducing threats will deliver better environmental of Areas of High Environmental Sensitivity, including outcomes from proposed developments. Nature Positive Plan: better for the environment, better for business 21 where these are on private land. Outcomes from the A nature repair market will make investment of conservation payments will be subject to regular review. it easier to invest In the future, once the nature repair market is operating The government has announced its intention to effectively, the EPA may allow certain types of market establish a nature repair market. The nature repair projects to be used to meet approval obligations. For market will deliver benefits for landholders, investors example, proponents may be able to identify ‘like for and the environment by encouraging investment like’ projects certified through the nature repair scheme. in restoration activities to deliver clear, measurable Governments may also invest in conservation funds biodiversity outcomes. through the nature repair market. Restoration activities are diverse and can have multiple Improvements in data, planning and markets will goals. Restoration can include removing or managing increase opportunities for landholders to deliver offsets threats, planting specific foraging trees missing from efficiently and reduce the time lag between impact and the landscape or improving ecological function (e.g. by offset delivery. re-establishing water flows). Restoration activities can also focus on improving the condition of remnant native vegetation or degraded land through removal of pests and weeds. Revegetation area, Tasmania © Department of Climate Change, Energy, the Environment and Water—Photographer Ivan Haskovec (Staff) 22 Nature Positive Plan: better for the environment, better for business Foundational components of a nature repair market include: § describing the biodiversity projects that could be certified and how the biodiversity benefits from those Better environment and heritage outcomes projects should be measured and described § establishing biodiversity certificates as a simple means of investing in nature, reducing the need to buy or lease land and contract environmental services directly § a public register of biodiversity projects to provide information to buyers and sellers, and to track ownership of certificates § a transparent system for compliance and assurance to maintain integrity in the market § delivery of information, advice and tools to support those looking to participate in the market. The government will engage with stakeholders throughout the market design and implementation to ensure the market is fit for purpose. The government will work with First Nations to identify barriers and opportunities to participate in and earn income from Better, faster decision-making and clear priorities biodiversity protection, including through the nature repair market. Site checking Processes will be improved and streamlined Environmental laws will be simplified and streamlined The government will improve the regulatory Prescriptive, outdated and contradictory processes requirements for proponents under national increase the time and costs of assessments, for both the environmental law and foster faster and better decision- government and proponents. The government will reduce making. New information systems are being built complexity and overly prescriptive processes that slow to better coordinate Commonwealth and state and down the operation of national environmental law and do territory decision-making and allow proponents to not add value to decision-making. This will include: submit and track their applications online. Transparency and accountability improvements are being delivered § simplifying and standardising public comment through a new performance framework for environment processes, including allowing modern methods for approvals, and partnerships with states and territories publishing information to harmonise threatened species listing approaches § clarifying the information that must be considered in (known as the Common Assessment Method). decision-making § moving to outcomes-based requirements through Accountability and trust The government will further streamline environmental National Environmental Standards laws by removing prescriptive processes and § moving process information into regulations or underutilised assessment pathways, making changes guidelines wherever possible, to enable faster and to improve flexibility and assurance of strategic more efficient maintenance of the regulatory system. assessments, and strengthening wildlife trade permitting practices to protect vulnerable species. Assessment pathways will be rationalised to avoid unnecessary referrals Having six pathways for assessment of proposed developments creates unnecessary complexity and confusion, increasing the burden on proponents and Nature Positive Plan: better for the environment, better for business 23 decision-makers. The government will rationalise the These measures support streamlining by enabling the assessment pathways to create a risk-based approach to government to model costs and savings from reforms, determining whether and how proposed developments minimising the cost of regulation to both business and that may have a significant impact on matters protected government. under national environmental law should be assessed. This will reduce costs and regulatory complexity. A national approach to listing threatened For proposed development that clearly require detailed species will help conservation assessment, the initial referral is an unnecessary step in the process. The government will explore options to Environment Ministers have agreed to accelerate move straight to assessment, including for proposed national efforts to prevent new extinctions of native developments assessed under accredited arrangements plants and animals, including through working towards with state, territory or other Commonwealth regulators. full implementation of the Common Assessment Method to enable consistent national listing decisions. Better up-front guidance for proponents will be developed to reduce the number of unnecessary New environmental laws will enable the Australian referrals and clarify the types of impacts that do not Government to recognise jurisdictional assessments require approval, including for proposed developments and the listing of threatened species and ecological that can demonstrate up-front consistency with National communities. Environmental Standards. Further efficiencies will be considered, including: Strategic assessments will be reformed so they are § aligning listing processes with international best more functional practice The government will continue to support the use of § considering the Common Assessment Method in the strategic assessments alongside regional planning. development of National Environmental Standards Strategic assessments provide up-front approval for § enabling the Threatened Species Scientific Committee actions covered by an endorsed policy, plan or program. to advise the minister on whether assessments prepared by other jurisdictions comply with the Strategic assessments can lead to more streamlined Common Assessment Method. regulatory arrangements. There are, however, limitations on strategic assessments that restrict their These reforms will be undertaken in consultation with functionality, effectiveness and ability to respond state, territories and with other stakeholders. to changes in information and circumstances over time. The government will improve the operation and effectiveness of strategic assessments. Wildlife trade will be better regulated Australia has a strong and robust system that protects our wildlife from the insidious illegal trade in our native Cost recovery will be strengthened fauna and flora. However, important changes are The government will implement activity-based needed to enable more efficient and effective regulation costing and update cost recovery arrangements for of wildlife trade, and improve enforcement options. environmental assessment and approvals, and will Some species are over regulated while protections for support regulators to: other species are inadequate, and there is misalignment with international standards. There is unnecessary § consistently and transparently cost and track their duplication of effective certification of goods (e.g. regulatory activities leather products) by other international jurisdictions. § cost new policy initiatives While we have best practice approaches to ensure the § measure the benefits of reforms humane treatment of terrestrial species, there are gaps § ensure charges to business more accurately reflect the in provisions for some marine species that put these cost of regulation. animals at risk of harm. Inadequate definitions of ‘zoos’ and ‘research institutions’ create regulatory loopholes. 24 Nature Positive Plan: better for the environment, better for business The government will strengthen provisions relating welfare standards for live specimens imported and to trade in wildlife to ensure we are protecting our exported from Australia is an important component native wildlife and delivering on our international in demonstrating the sustainability of international commitments to the sustainable import, export and wildlife trade. A fit and proper person test will apply Better environment and heritage outcomes trade of wildlife and supporting global conservation to live import applications where this will improve goals. To enhance the effectiveness of wildlife trade transparency and accountability. regulation, the Government will improve compliance The Government will reduce unnecessary prescription and enforcement and reduce the potential for wildlife and administrative processes for wildlife trade permits to be misused by applicants. permits, ensuring ongoing protection of species and Measures to ensure humane transport and the consistency with international obligations. Excessive suitability of applicants applying to import live administration of the wildlife trade permitting process specimens will be explored, including alignment creates additional costs for individuals, businesses and with international standards. Ensuring the highest government. Better, faster decision-making and clear priorities Accountability and trust Bool and Hacks Lagoon. © Department of Climate Change, Energy, the Environment and Water—Photographer Ryan Breen (Staff) Nature Positive Plan: better for the environment, better for business 25 26 Nature Positive Plan: better for the environment, better for business Black-flanked rock wallaby © Department of Climate Change, Energy, the Environment and Water—Photographer Tyrie Starrs Accountability and trust Nature Positive Plan: better for the environment, better for business 27 Accountability and trust Australians have lost trust in the ability of the current An independent Environment EPBC Act to deliver good outcomes for our environment and heritage and for businesses. Protection Agency will restore The Australian Government recognises that to restore trust and integrity trust our national laws must establish clear standards and deliver nature positive outcomes. Decisions will An independent national Environment Protection be underpinned with quality data, transparently made Agency (EPA) will undertake regulatory and by an independent agency, and subject to strong implementation functions under the EPBC Act (including compliance and enforcement. wildlife trade), and other relevant Commonwealth laws. These will include laws regulating sea dumping, ozone protection and synthetic greenhouse gas management, hazardous waste, product emissions standards, recycling and waste reduction, and underwater cultural heritage. The EPA will undertake assessments and make decisions about development proposals, including approval conditions. It will issue permits and licenses and undertake compliance and enforcement activities. The EPA will establish and publish its compliance and enforcement policy. The EPA will make decisions in accordance with National Environmental Standards and be supported by an advisory group to ensure it has access to relevant skills. It will provide assurance, and advise the minister, on whether accredited parties and instruments under the EPBC Act apply the standards. The EPA will have a mandate to identify streamlining opportunities across its regulatory systems and recommend future improvements to the minister. The independence of the EPA will be ensured through several measures including its establishment through legislation as a separate, statutory Commonwealth entity with its own budget (including funding from cost recovery). The minister will be able to issue the EPA with a public Statement of Expectations but will not otherwise be able to direct the agency. The EPA will be led by a Chief Executive Officer, who will be appointed for a fixed term and removable only in specified circumstances, such as ill health or misconduct. The Squatter pigeon © Department of Climate Change, Energy, the Environment and Water—Photographer Tyrie Starrs skills and qualifications required of the CEO will be 28 Nature Positive Plan: better for the environment, better for business set out in legislation. The EPA will report publicly on its performance and the Data Division will report on Box 2: Better Use of Environmental Data whether the system as a whole, including the EPA, The government will improve our environmental is delivering on national environmental goals and data, using innovative tools and technology to Better environment and heritage outcomes objectives. The EPA will publish annual reports which make it easier to understand the state of our the minister will be required to table in Parliament. natural environment and improve regulatory The minister will have a power to call in decisions decision making. that would otherwise be made by the EPA, with a Remote imaging through satellite and drone requirement for full transparency about decisions and technology combined with advances in machine reasons. The EPA will provide advice to the minister on learning algorithms can help us monitor our ‘called in’ proposed developments and this advice will be environment. It can help identify changes in published. The minister will have the power to approve environmental condition in response to climate proposed developments that have an unavoidable change and natural disasters and detect illegal negative impact on matters of national environmental land clearing or changes to conservation areas significance but only where this is clearly in the national and environmental offset sites. Environmental interest. The national interest exemption will be tightly DNA tools can be used to detect threatened and clearly defined in legislation. Given the Minister’s or invasive species, improving accuracy of role in sensitive environmental decision making, the EPA conservation planning. will not have a statutorily appointed board. Integrated data repositories and digitised The minister will retain responsibility for policy, Better, faster decision-making and clear priorities assessment logic can lead to faster decision regional planning and standard-setting activities under making by pre-populating referral information national environmental law. The EPA will develop and advice to reduce cost to industry and its own operational policies but not have broader governments. Better sharing of information environmental policy functions. between governments through initiatives such as the Digital Environmental Assessment Program is Better data will help us track, crucial to realising these benefits. understand and adjust The government is committed to ensuring decisions the Environment and Water to provide access to made under national environmental law are transparent authoritative sources of high-quality environmental and based on quality data and information. Better information. data supports better conservation planning and better The Data Division will oversee and coordinate species and ecological communities listing decisions, improvements to Australia’s environmental data and and improves our ability to prioritise, coordinate and information, act as the custodian of the national assess the effectiveness of regulation and investment to environmental information supply chain, and ensure protect and restore the environment (See Box 2). data meets the National Environmental Standard for Improving environmental data is also critical to Data and Information and technical data guidelines. supporting growing private sector environmental Accountability and trust A Chief Environmental Data Officer will be appointed data needs, such as informing nature-related risk to lead the Data Division, with clear responsibilities assessments and underpinning robust nature-related and powers provided for in legislation. The Chief reporting and investment. Environmental Data Officer will develop and implement a National Environmental Data Strategy. This will set out The Data Division will track and publish how they will work with Australian, state and territory progress government agencies, proponents, scientists, First Nations and the broader community to improve the The Government will establish an independent availability, interoperability, management and quality of environmental information office – the Data Division national environmental data, and address key data and – within the Department of Climate Change, Energy, capability gaps. Nature Positive Plan: better for the environment, better for business 29 Moulting Lagoon, Ramsar Site © Department of Climate Change, Energy, the Environment and Water—Photographer Michelle McAulay The Data Division will provide advice to the government The Data Division will play a key role in providing a on the establishment of the National Environmental platform for bringing together disparate environmental Standard for Data and Information and be responsible information held by different organisations and for its implementation. governments, including information gathered as part of environmental approval processes and biodiversity The standard will provide clarity on how data and data collected through government natural resource information are used in decision-making. It will management programs. To support this, the Data designate National Environment Information Assets Division will be given responsibility for the Biodiversity and be transparent about who will have a role in and Data Repository (BDR). The BDR will be a platform to accountability for maintaining and improving them. easily integrate and share environmental data. An initial These assets will underpin priority reforms including BDR pilot successfully included foundational data from National Environmental Standards, regional planning the Western Australian Government. Modern data and the nature repair market. Transparent and well- management technology means the Data Division does maintained environmental information assets will also not need to hold information itself but can link data provide greater certainty in conservation planning, sets together. This measure will promote consistent environmental reporting, and understanding the data capture, interoperability, storage and sharing, thus effectiveness of government actions undertaken to improving and streamlining environmental decision- protect and restore the environment. making in all jurisdictions. The Data Division will develop and implement a The Data Division will also work with government, monitoring, evaluation and reporting framework to science, data and other organisations to ensure existing provide assurance that the system as a whole, including national data resources meet agreed quality standards the EPA, is working to deliver environment and heritage and are made publicly available. outcomes and achieving the objectives of national environmental law. 30 Nature Positive Plan: better for the environment, better for business We will make better use of the State of the and society, dependencies of the economy and society on the environment, and impacts of the economy and Environment report society on the environment. The government will legislate to clarify of the purpose The review found that the importance of the Better environment and heritage outcomes of State of the Environment (SoE) reporting, including environment and its contribution to our economic and requiring trend analysis against national goals and social wellbeing is being overlooked as it is not reflected environmental indicators. This will include a requirement in our traditional financial accounts. The government for governments to respond to future SoE reports. will seek to table annually in Parliament a core set of Environmental-economic accounting will provide national environmental-economic accounts to support a primary source of trend data for SoE reporting, government policy, planning and decision-making including a public dashboard of trends on the state of alongside the system of national (economic) accounts. our key natural capital assets, such as land, water and The government is investigating incorporating social, ecosystems. human health and environmental measures along The Data Division will deliver future SoE reports, with traditional budget measures in its ‘Measuring including commissioning the report and recommending what matters’ agenda. As part of this work, a set of improvements. The Data Division will also track, analyse environmental indicators will be developed that will and report against trends and environmental indictors, contribute to our understanding of the connection including real-time data reporting where possible. This between the environment and the wellbeing and could include innovative public tools, tailored data productivity of Australians. Environmental-economic analytics services, and the release of data products. accounts can be used to underpin these indicators and Better, faster decision-making and clear priorities ensure they are robust. Environmental economic accounts will The Data Division will be responsible for progressing help us value nature environmental-economic accounts in partnership with the Australian Bureau of Statistics. Environmental-economic accounts present data to help us better understand the condition of the environment and interactions between the economy and the Statutory committees will be reformed environment. They track changes in natural wealth: The review highlighted that trust and confidence in the the condition of the environment, value of natural current EPBC Act could be enhanced by the provision capital, benefits of the environment to the economy of transparent, independent advice on the adequacy of Accountability and trust Bicycle path and a corridor for runners in the park Nature Positive Plan: better for the environment, better for business 31 information provided to decision-makers. The current The government will not introduce a right to limited EPBC Act has a range of statutory advisory committees merits review of decisions. Legislating National that provide advice to the minister to promote a Environmental Standards, greater transparency and cooperative approach to protecting and managing the establishment of an independent EPA are more Australia’s environment. effective ways to improve and assure the quality of decision-making. This will improve public trust and The government will consult with the four existing confidence in environmental decisions, which in turn statutory committees – the Indigenous Advisory will provide greater certainty for proponents. A National Committee, Independent Expert Scientific Committee Environmental Standard for Community Engagement on Coal Seam Gas and Large Coal Mining Development, and Consultation will allow for greater community Threatened Species Scientific Committee and Australian involvement in environmental decision-making and Heritage Council – on amendments to enable them regional planning processes. Limited merits review to best contribute to the objectives of the new could prevent proposed development from proceeding environmental laws. in a timely manner, as matters are held up by courts, As a priority, the terms of reference for the Indigenous which can lead to unreasonable and unfair costs for Advisory Committee will be updated to provide a clear proponents. Members of the public will retain the right role in the development of standards. to bring claims for judicial review of decisions by the EPA or the minister. Environmental decisions will better The government will examine the possibility of introducing third-party enforcement as suggested by consider social and economic matters a number of stakeholders, noting that it operates in The review highlighted the need to better incorporate jurisdictions such as Victoria. social and economic considerations in decision-making. The Australian Government is committed to ensuring that social (including cultural) and economic matters Traditional Owners will have more are accurately identified and transparently factored into control over Commonwealth decision-making. Reforms will include: National Parks § establishment of mandatory guidelines for identifying and quantifying the social and economic impacts of each proposed development. These will be developed Transforming management arrangements in consultation with relevant Australian Government portfolios, including reporting and review requirements for Commonwealth National Parks § provisions for relevant government authorities to provide The government and the Director of National Parks authoritative review of proposed developments and have committed to restoring trust and confidence in advice on social and economic matters the management of Commonwealth National Parks, § provisions to enable cost recovery of requisite including providing Traditional Owners with more independent analysis of social and economic matters. control over the management of their Country. Public accountability will be strengthened Joint management arrangements are in place for three Commonwealth National Parks: Kakadu, Uluṟu-Kata The degradation of nature affects every Australian. In Tjuṯa and Booderee. In these areas, Traditional Owners addition to strengthened compliance and enforcement lease their land to the Director of National Parks (a by an independent EPA, it is proper that members of the statutory position established under the current EPBC public be able to hold proponents to account for their Act) and each park is jointly managed through lease promises made under environmental law. This will occur agreements, statutory management plans, and boards through the provision of publicly available, transparent of management for each park. and accessible data. The government will support members of the public to report their concerns to the The government and the Director of National Parks will EPA’s compliance and enforcement area, and provide work with the Traditional Owners of Kakadu, Uluṟu-Kata opportunities to contribute to the monitoring of and Tjuṯa and Booderee National Parks to examine the legal compliance with National Environmental Standards. and institutional settings in the current EPBC Act that 32 Nature Positive Plan: better for the environment, better for business establish the Director of National Parks and frame the Potential updates to the legislative and regulatory joint management relationship between the Director of framework creating zoning definitions for Australian National Parks and Traditional Owners. Marine Parks will also be considered. The focus will be on strengthening the effectiveness of the marine parks, Possible future management models will be co-designed Better environment and heritage outcomes including scope for the Director of National Parks to based on the aspirations of Traditional Owners and will report on the contribution of marine protected areas to provide the foundation for reform, including amendments ocean health. Improvements to the current legislative to national environmental law and changes to associated and regulatory framework will be informed by science, policy and internal governance arrangements. This will consultation with stakeholders and international better include consideration of models that allow for more practice models. direct management by Traditional Owners and where appropriate, creating pathways towards sole management. Throughout this process the Director of National Parks The Commonwealth will work will continue to improve joint management arrangements with states and territories and ensure the highest level of protection for the environment and cultural heritage in Commonwealth The 1992 Intergovernmental Agreement on the National Parks. This includes enabling traditional land use Environment and the 1997 Heads of Agreement on and maintaining public access to Commonwealth National Commonwealth/State Roles and Responsibilities for the Parks in a way that supports cultural, social and economic Environment provide the foundation for collaboration benefits for Traditional Owners. on national environmental protection laws. Better, faster decision-making and clear priorities Reform associated with the Director of National The government is committed to strengthening Parks will include changes to the legislative approach cooperation across the federation and will consider the to support the creation and management of other best way to support this as part of future environmental Commonwealth Reserves including marine parks, the policy and national law reform. The government is Australian National Botanic Gardens, Norfolk Island committed to reinvigorating important forums such National Park, Christmas Island National Park and Pulu as the Environment Ministers Meeting, to provide a Keeling National Park. It will also explore opportunities platform to discuss strategic issues and agree cross- to more closely link and align the role and functions of government actions to improve Australia’s environment. the Director of National Parks with environmental goals and objectives for the management of protected areas. Accountability and trust Indigenous Ranger © Parks Australia Nature Positive Plan: better for the environment, better for business 33 34 Nature Positive Plan: better for the environment, better for business Great Barrier Reef Next steps The Australian Government will introduce legislation to give effect to this response in 2023. During this period there will be ongoing engagement with stakeholders on the legislation. The government will continue to work with stakeholders, including industry; environment groups and scientists; First Nations groups; and state, territory and local government to inform the design and implementation of reforms. Engagement in 2023 will focus on: § developing the first National Environmental Standards. The standard for Matters of National Environmental Significance will be the first developed, building on the standard set out in the review. A draft of this standard will be released alongside new legislation when it is introduced into Parliament. Further priority standards will also be developed throughout 2023 § designing the independent EPA and developing of an appropriate cost recovery model § working with states and territories to identify initial locations for regional plans § improving the quality, accessibility and interoperability of environmental data to aid decision-making, measuring what matters, reporting and assisting with the establishment of the national nature repair market Aerial view of an Australian urban area, with residential and § improving the quality and effectiveness of commercial properties conservation planning. These important reforms will lay the foundations for a strong, efficient and enduring regulatory system that can deliver better outcomes for Australia’s unique environment and heritage. Nature Positive Plan: better for the environment, better for business 35 Appendix A Government action to address recommendations of the Independent Review of the EPBC Act (Samuel, 2020) The actions the Australian Government will take are set out against each recommendation in the table below.

1. Matters of national environmental significance should be focused on Commonwealth responsibilities for the environment. a. The water MNES (section 24D/24E) should be amended to apply only to cross-border water resources. Any action that is likely to have a significant impact on cross-border water resources should be subject to the trigger. Restrictions should be removed where they prevent other parties from being accredited to undertake approvals of proposals assessed under the water trigger. This amendment should occur in the second tranche of reforms. b. The nuclear MNES (section 21/22A) should be retained. In the first tranche of reforms, the government should immediately adopt the recommended National Environmental Standard for the protection of the environment from nuclear actions. In the second tranche of reform, the EPBC Act and the regulatory arrangements of the Australian Radiation Protection and Nuclear Safety Agency should be aligned, to support the implementation of best-practice international approaches based on risk of harm to the environment, including the community. The government will improve the coverage of water resources and nuclear actions to deliver effective protections for these nationally important matters and uphold our commitments internationally. The government will amend the water trigger to include all forms of unconventional gas (e.g. shale and tight gas), with care to avoid duplicating state and territory water management systems. See Water resources. The government already ensures nuclear activities are managed in accordance with international best practice and will harmonise regulatory requirements and codes with the Australian Radiation Protection and Nuclear Safety Agency’s standards. See Nuclear actions.

2. National Environmental Standards recommended by this review should require development proposals to: a. Explicitly consider the likely effectiveness of avoidance or mitigation measures on nationally protected matters under specified climate change scenarios. b. Transparently disclose the full emissions of the development. The government will require reporting of Scope 1 and 2 emissions and related management actions over the life of the project. Regional and conservation planning will be required to take account of climate change. See Climate change. 36 Nature Positive Plan: better for the environment, better for business

3. The EPBC Act should be immediately amended to enable the development and implementation of legally enforceable National Environment Standards. a. The Act should set out the process for making, implementing and reviewing National Environmental Standards. The Act should include specific provisions about their governance, consultation, monitoring and review. b. The Act should require the activities and decisions made by the minister under the Act, or those under an accredited arrangement, be consistent with the National Environmental Standards. c. The Act should include a specific power for the minister to exercise discretion to make a decision that is inconsistent with the National Environmental Standards. The use of this power should be a rare exception, demonstrably justified in the public interest an accompanied by a published statement of reasons which includes the environmental implications of the decision. d. National Environmental Standards should be first made in a way that takes account of the current legal settings of the Act. The National Environmental Standards set out in detail in Appendix B 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 be refined within 12 months. The government will introduce legislation to establish standards in 2023, which will include a process for making, implementing and reviewing standards. The legislation will specify that no standard can be amended to reduce environmental protection. See National Environmental Standards will drive nature positive outcomes. The independent Environment Protection Agency will apply standards and ensure compliance with conditions of approval. The Data Division will develop and implement a Monitoring, Evaluation and Reporting framework to provide assurance that the objects of national environmental law and outcomes of National Environmental Standards are being achieved. See The Data Division will track and publish progress. The standards recommended by the review will provide a starting point for the development of a package of National Environmental Standards. See Developing the first National Environmental Standards.

4. In the second tranche of reforms, the EPBC Act should be amended to deliver more effective environmental protection and management, accelerate achievement of the environmental outcomes and improve the efficiency of National Environmental Standards. Parts 3 to 10 should be completely overhauled to enable: a. National Environmental Standards to evolve and be set in a way that delivers ecologically sustainable development, through the collective contributions of the actions, decisions, plans and policies of the Commonwealth and accredited parties. b. A proactive focus on managing matters of national environmental significance. The Act should require that matters of national environmental significance be protected, conserved, recovered and enhanced. c. All decisions to be targeted towards achieving the environmental outcomes set out in National Environmental Standards d. National Environmental Standards to be more efficiently applied to decision-making, including accredited arrangements. The government will ensure statutory decision-making is in line with the National Environmental Standards. See National Environmental Standards will drive nature positive outcomes. Nature Positive Plan: better for the environment, better for business 37

5. To harness the value and recognise the importance of Indigenous knowledge, the EPBC Act should require decision-makers to respectfully consider Indigenous views and knowledge. Immediate reform is required to: a. Amend the Act to replace the Indigenous Advisory Committee with the Indigenous Engagement and Participation Committee. The mandate of the Committee will be to refine, implement and monitor the national environmental Standard for Indigenous engagement and participation in decision-making. b. Adopt the recommended National Environmental Standard for Indigenous engagement and participation in decision-making. c. Amend the Act to require the Environment Minister to transparently demonstrate how Indigenous knowledge and science is considered in decision-making. The Standard for First Nations Engagement and Participation in Decision-making will be co-designed with the IAC as a priority. The government will engage with First Nation peoples as part of overall reforms to co-design standalone cultural heritage legislation and incorporate and protect First Nations data and knowledge. See First Nations perspectives will inform environment and heritage protection.

6. The department should take immediate steps to invest in developing its cultural capability to build strong relationships with Indigenous Australians and enable respectful inclusion of their valuable knowledge. The department is taking immediate steps to develop the cultural capability of its staff.

7. The Commonwealth Government should immediately initiate a comprehensive review of national-level cultural heritage protections, drawing on best practice frameworks for cultural heritage laws. The government will work with the First Nations Heritage Protection Alliance to co-design standalone First Nations cultural heritage legislation. See First Nations cultural heritage protections will be strengthened.

8. The Commonwealth Government, through the Director of National Parks, should immediately commit to working with Traditional Owners to co-design reforms for joint management, including policy, governance and transition arrangements. The Commonwealth Government should ensure that this process is supported by amending the EPBC Act when needed, and providing adequate resources. The government and the Director of National Parks will work with Traditional Owners to review the role, function and purpose of the Director of National Parks, including consideration of new legislative models that allow for more direct management of Commonwealth National Parks by Traditional Owners. See Transforming management arrangements for Commonwealth National Parks.

9. Legislative reforms should be redrafted in line with modern, best practice drafting guidance. Immediate amendments should be made to: a. Fix inconsistencies, gaps and conflicts in the EPBC Act to make it easier to understand and work with. b. Implement enforceable National Environmental Standards; improve the durability of bilateral agreements; independent oversight and audit; and compliance and enforcement. The government will improve the legislative framework to make the new Act easier to understand and to work with, and enable the establishment of National Environmental Standards, the EPA and regional planning. See Environmental laws will be simplified and streamlined. 38 Nature Positive Plan: better for the environment, better for business

10. Over a 2-year transition period, a comprehensive reworking of the EPBC Act should be undertaken to fully implement the reforms recommended by this review and to deliver an effective legislative framework. a. The Act should be restructured to clarify and simplify the functions of the Act and how they interact. b. Redrafting and restructuring of the Act should explicitly consider its interaction with other Commonwealth legislation to remove inconsistency and to improve operational efficiency. To deliver the full results, this may require consequential changes in other legislation. c. Redrafting should include consideration of dividing the Act, such as creating separate pieces of legislation for its key functional areas. The government will simplify, modernise and streamline processes and clarify information requirements. It will also involve removal of prescriptive processes and unused assessment pathways to reduce complexity and improve flexibility for proponents and regulators. See Environmental laws will be simplified and streamlined.

11. The Commonwealth Government should increase the transparency of the operation of the EPBC Act by: a. immediately improving the availability of information as required by the National Environmental Standards b. immediately improving the accessibility of the Act through plain English guidelines and targeted communication c. immediately implementing arrangements to publish reasons for Commonwealth decisions under Parts 9 and 10 of the Act d. in the second tranche of reform, amend the Act to require publication of all information relevant to, and the reasons for, decisions made under the Act. Processes and systems should be implemented to support greater transparency. The government will provide greater transparency to community and businesses about environmental decision-making, including the data and information considered when making decisions. See The Data Division will track and publish progress.

12. The EPBC Act should be immediately amended to recast the statutory committees to create the Ecologically Sustainable Development Committee, the Indigenous Engagement and Participation Committee, the Biodiversity Conservation Science Committee, the Australian Heritage Council, and the Water Resources Committee. The Ecologically Sustainable Development Committee should be an overarching committee with responsibility for providing advice on National Environmental Standards, planning and implementation, and coordination across all the committees. The government will review the terms of reference of the four existing statutory committees to ensure alignment with the objectives of the new Act. See Statutory committees will be reformed. Nature Positive Plan: better for the environment, better for business 39

13. The EPBC Act should retain the current extended standing provisions. In the second tranche of reform, the Act should be amended to provide for limited merits review for development approval decisions but be restricted: a. by set time frames for applications b. to the papers at the time of the original decision c. to matters that will have a material impact on environmental and heritage outcomes d. to where senior counsel advice is that there is a reasonable likelihood of the matter proceeding. The government will not introduce a right to limited merits review of decisions. Legislating National Environmental Standards and establishing an EPA and the Data Division are better ways to improve, and provide public assurance, about the quality and consistency of decision-making. See Environmental laws will be simplified and streamlined and Public accountability will be strengthened.

14. Immediately amend the EPBC Act to provide confidence to accredit state and territory arrangements to deliver single-touch environmental approvals in the short-term. Accreditation should be: a. underpinned by legally enforceable National Environmental Standards b. subject to rigorous, transparent oversight by the Commonwealth, including comprehensive audit by the independent Environment Assurance Commissioner. The government will improve accreditation arrangements, including through setting more robust requirements for decision-making. Accredited assessment will be subject to National Environmental Standards and the same, strong assurance and oversight as other assessment processes under the EPA. See Accreditation will be based on National Environmental Standards.

15. Increase the level of environmental protection afforded in Regional Forest Agreements (RFAs). a. The Commonwealth should immediately require, as a condition of any accredited arrangement, states to ensure that RFAs are consistent with the National Environmental Standards. b. In the second tranche of reform, the EPBC Act should be amended to replace the RFA ‘exemption’ with a requirement for accreditation against the National Environmental Standards, with the mandatory oversight of the Environment Assurance Commissioner. The government will work with stakeholders and relevant jurisdictions towards applying National Environmental Standards to Regional Forest Agreements to support their ongoing operation together with stronger environmental protection. See Regional Forest Agreements. 40 Nature Positive Plan: better for the environment, better for business

16. In the second tranche, the accreditation model should be applied to arrangements with other Commonwealth agencies, where they demonstrate consistency with the National Environmental Standards and subject themselves to transparent independent oversight. Specifically: a. The complex requirements for ministerial advice on certain Commonwealth authorisations (sections 160–164) should be removed. These arrangements should be subject to the accreditation model, or the standard assessment and approval provisions of the EPBC Act. b. The accreditation model should be applied to the National Offshore Petroleum Safety and Environmental Management Authority and the Australian Fisheries Management Authority using appropriate legislative amendments. c. Where relevant, a broader application of the National Environmental Standards to other Commonwealth decisions and management plans, beyond those already provided for under the current settings of the Act, should be considered. All accredited parties will be subject to the same requirements under National Environmental Standards. This will include state, territory and Commonwealth processes and management frameworks, such as, the NOPSEMA strategic assessment and advice provided to other Commonwealth agencies under s160–164. The EPA will assure and provide independent oversight over decision-making under national environmental law and the standards. See Accreditation will be based on National Environmental Standards.

17. In the second tranche, a National Environmental Standard for actions impacting on Commonwealth land and Commonwealth actions should be developed to provide a national benchmark for effective environmental protections. The Commonwealth should promote the broader application of this standard by encouraging other jurisdictions to adopt it. The government will set National Environmental Standards. An overarching Standard for all MNES will be established ahead of a Standard for actions on Commonwealth land. See National Environmental Standards will drive nature positive outcomes.

18. In the second tranche, Commonwealth assessment pathways should be rationalised to enable a risk- based approach to assessments that is proportionate to the level of impact on matters protected by the EPBC Act. The government will rationalise assessment pathways and ensure that assessment is proportionate to the level of impact on MNES. Risks to MNES will also be addressed through regional plans. See Assessment pathways will be rationalised to avoid unnecessary referrals.

19. In the second tranche, the implementation of Commonwealth assessment should be supported by providing clear guidance, modern systems and appropriate cost recovery. The government will improve the regulatory requirements for proponents and foster faster and better decision-making. See Processes will be improved and streamlined. Nature Positive Plan: better for the environment, better for business 41

20. Amend the EPBC Act to ensure wildlife permitting requirements align with Australia’s international obligations related to: a. species listed under Appendix I and II of the Convention on the Conservation of Migratory Species (Bonn Convention) b. import permitting requirements for Appendix II listed species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) c. requirements to ensure the humane transport of live fish and live invertebrates. The government will streamline and improve wildlife trade permit requirements to retain consistency with international obligations, including welfare standards for live specimens. See Wildlife trade will be better regulated.

21. Amend Part 13A Division 2 and 5 of the EPBC Act, EPBC regulations and association definitions to streamline and reduce regulatory burden on wildlife trade permitting processes and to enable proportionate compliance and enforcement responses. The government will reduce unnecessary prescription and administrative process for wildlife trade permitting, ensuring ongoing protection of species is maintained and permit requirements remain consistent with international obligations. See Wildlife trade will be better regulated.

22. Reduce instances under the EPBC Act and EPBC regulations where wildlife trade permitting may be subject to abuse by applicants. a. Tighten the definitions for the non-commercial categories of exhibition and travelling exhibition, including what can be classified as a zoo. b. Apply a fit-and-proper-person test as broadly as possible to wildlife permitting approvals under the Act. The government will improve the effectiveness of wildlife trade regulation by improving compliance and enforcement and reducing the potential for wildlife permits to be misused. A fit and proper person test will also be applied. See Wildlife trade will be better regulated.

23. Immediately establish, by statutory appointment, the position of Environment Assurance Commissioner with responsibility to: a. oversee audit of decision-making by the Commonwealth under the EPBC Act, including the Office of Compliance and Enforcement b. oversee audit of an accredited party under an accredited arrangement c. conduct performance audits, like those of the Auditor General and set out in the Auditor-General Act 1997 d. provide annual reporting on performance of Commonwealth and accredited parties against National Environmental Standards. This report should be provided to the Environment Minister, to be tabled in the Australian Parliament in a prescribed timeframe. These functions will be performed by the EPA which will make decisions in accordance with National Environmental Standards and assure accredited parties and instruments apply the standards. See An independent Environment Protection Agency will restore trust and integrity. The Data Division will develop and implement a Monitoring, Evaluation and Reporting (MER) framework to provide assurance that the system as a whole, including the EPA, is achieving the objectives of the new Act and outcomes of National Environmental Standards. See The Data Division will track and publish progress. 42 Nature Positive Plan: better for the environment, better for business

24. In the second tranche, the EPBC Act should be amended to remove outdated bilateral agreement processes and replaced with robust and efficient accreditation processes, based on National Environmental Standards, that include: a. self-assessment of arrangements by the party proposing to be accredited b. independent advice of the Environment Assurance Commissioner c. the opportunity for the Australian Parliament to disallow a proposed accreditation d. accreditation agreement by the Commonwealth Environment Minister e. escalation processes to resolve disputes between the Commonwealth Environment Minister and the accredited party f. the Commonwealth Environment Minister’s unfettered right to make a decision g. scheduled formal review. The government will improve accreditation arrangements and ensure robust oversight of decision-making by accredited parties. Accredited arrangements will be subject to National Environment Standards, strong assurance, and independent oversight. The accreditation framework will reflect the proposals set out in the recommendation. See Accreditation arrangements will be based on National Environmental Standards.

25. In the second tranche of reform, the EPBC Act should be amended to support more effective planning that accounts for cumulative impacts and past and future key threats and build environmental resilience in a changing climate. Amendments should enable: a. strategic national plans to be developed, consistent with the National Environmental Standards, to guide a national response and effectively target action and investment to address nationally pervasive issues such as high-level and cross-border threats b. regional recovery plans to be developed, consistent with the National Environmental Standards, to support coordinated threat management and investment to reduce cumulative impacts on threatened species and ecological communities c. ecologically sustainable development plans to be developed and accredited, consistent with the National Environmental Standards. These plans should address environmental, economic, cultural and social values and include priority areas for investment in the environment d. strategic assessments to be approved, consistent with the National Environmental Standards and regional recovery plans and provide for a single approval for a broad range of actions e. the Commonwealth to accredit plans made by other parties, where these plans are consistent with National Environmental Standards and other relevant plans f. plans to be made consistent with key principles for quality regional planning. The government’s approach emphasises this recommendation and focuses on regional planning. Conservation plans will also be delivered via a regional framework with Areas of High Environmental Value reducing the cumulative impacts on threatened species and ecological communities. The government has committed $29.3 million to make an immediate start on regional planning and guide sustainable development. See Regional Plans will guide sustainable development and environmental restoration. The first standards will include a Regional Planning Standard to support the development of regional plans. See National Environmental Standards will drive nature positive outcomes. Nature Positive Plan: better for the environment, better for business 43

26. In the second tranche, the Commonwealth should establish a dedicated program to develop and implement strategic national plans and regional plans with a focus on key Commonwealth priorities, including: a. strategic national plans for key, new and emerging threats of national significance b. regional plans in biodiversity hotspots, areas foreshadowed as national priorities for economic development and areas where matters of national environmental significance are under greatest threat. The government will remove overly prescriptive processes and duplication to streamline and strengthen conservation planning. See Conservation planning will strengthen protection and guide recovery efforts. Regional plans will identify areas necessary for the protection, conservation and repair of environment and heritage values. In other areas, plan will guide ecologically sustainable development, will harmonise requirements between Commonwealth and state or territory regulators and significantly reduce development approval times. See Regional Plans will guide sustainable development and environmental restoration.

27. The Commonwealth should reform the application of environmental offsets under the EPBC Act to address decline and achieve restoration. a. The EPBC Act environmental offsets policy should be immediately amended (or a National Environmental Standard for restoration that includes offsets should be made) in accordance with the recommendations in Box 2. b. As part of the second tranche of reform, the Act should be amended or standalone legislation passed to legislate the revised offsetting arrangements, providing the certainty required to encourage investment in restoration. A National Environmental Standard for Environmental Offsets will work alongside the MNES Standard to significantly improve environmental outcomes from offset arrangements. See Environmental offset arrangements will deliver better overall environmental outcomes.

28. To foster private sector participation in restoration, the Commonwealth should formally investigate and consider: a. co-investment with private capital to improve the sustainability of private land management b. establishing a central trust or point of coordination for private and public investment in restoration to be delivered (including offsets) c. opportunities to leverage existing markets (including the carbon market) to help deliver restoration d. changes to the tax code that can deliver environmental restoration. The government will establish a nature repair market. The nature repair market will encourage private investment in environmental restoration and management. The government will investigate barriers and incentives for the protection and restoration of biodiversity on private land. See A nature repair market will make it easier to invest. 44 Nature Positive Plan: better for the environment, better for business

29. Immediate reforms are required to ensure that compliance and enforcement functions by the Commonwealth, or an accredited party are strong and consistent. a. The recommended National Environmental Standard for compliance and enforcement should be immediately adopted. b. Commonwealth compliance and enforcement functions and those of any accredited party should be required to demonstrate consistency with this standard. c. The Commonwealth should retain the ability to intervene in project-level compliance and enforcement, where egregious breaches are not being effectively dealt with by the accredited party. The EPA will be responsible for undertaking regulatory functions and implementing new environmental laws. See An independent Environment Protection Agency will restore trust and integrity. To facilitate the accreditation of other parties, a Standard for Compliance and Enforcement will be developed once the EPA is established. See Developing the first National Environmental Standards. Accredited parties will be subject to their compliance with all standards, and full disclosure of environmental performance data. All accredited arrangements will be subject to strong assurance, and independent oversight. See Accreditation will be based on National Environmental Standards.

30. The Commonwealth should immediately increase the independence of and enhance Commonwealth compliance and enforcement. This requires: a. Simplified law and a full suite of modern regulatory surveillance, compliance and enforcement powers and tools, including targeted stakeholder resources to build understanding and voluntary compliance. b. Assigning independent powers for Commonwealth compliance and enforcement to the Secretary of the Department of Agriculture, Water and the Environment, with compliance functions consolidated into an Office of Compliance and Enforcement within the Department. This office should be provided with a full suite of modern regulatory powers and tools, and adequate resourcing to enable the Commonwealth to meet the National Environmental Standard for compliance and enforcement. c. An increase in the transparency and accountability of activities, including clear public registers of activities, offsets and staff conflicts of interest. The government will establish the EPA as a strong independent environmental regulator with a mission to improve trust and transparency in the operation of national environmental laws. See An independent Environment Protection Agency will restore trust and integrity. A National Environmental Offsets System will be released by the end of 2022, to track and report on the use and delivery of environmental offsets. See Environmental offset arrangements will deliver better overall environmental outcomes. The government will provide full transparency to community and businesses on environmental decision- making, including the data and information considered when making decisions. See Better data to track, understand and adjust. Nature Positive Plan: better for the environment, better for business 45

31. The Commonwealth should initiate immediate improvements to the environmental information system by: a. adopting a National Environmental Standard for data and information to set clear requirements for providing best available evidence, including requiring anyone with environmental information of material benefit to provide it to the environmental information supply chain b. appointing an interim supply chain Custodian to oversee the improvements to information and data c. designating a set of national environment information assets to ensure essential information streams are available and maintained to underpin the implementation and continual improvement of the National Environmental Standards for MNES d. expanding the application of existing work with jurisdictions on the digital transformation of environmental assessments and ensuring it is aligned with implementation of the national environmental information supply chain e. commencing the overhaul of the Department’s information management systems to provide a modern interface for interactions on the EPBC Act and support better use and efficient transfer of information and knowledge. The government agrees with the report’s recommendations and is committed to quality, accessible and transparent data. The government will ensure decisions are based on the best available data, information and advice, and increasing the transparency of decisions. See Better data to track, understand and adjust. A Standard for Data and Information will be developed once the Data Division is established. See Developing the first National Environmental Standards. The government will establish a Data Division so an interim data supply chain custodian is not required. S ee The Data Division will track and publish progress. New information systems are being built to better coordinate Commonwealth and state and territory decision-making and allow proponents to submit and track their applications online. See Better data to track, understand and adjust.

32. The Commonwealth should build, maintain and improve an efficient environmental information supply chain to deliver the best available evidence to improve the effectiveness of the EPBC Act. Aligned with the second tranche of reform, the supply chain should: a. have a clearly assigned Custodian responsible for providing long-term stewardship and coordination b. have a legal foundation with provisions in the Act that details responsibilities, governance, National Environmental Information Assets and reporting to ensure accountability c. be underpinned by a long-term strategy and roadmap prepared and maintained by the Custodian, with the first strategy due within 12 months d. be supported by a coordinated effort to improve national ecosystem and predictive modelling capabilities e. have adequate up-front and ongoing funding. The government will establish a Data Division within the Department of Climate Change, Energy the Environment and Water to oversee and coordinate improvements to Australia’s environmental data and information, and act as the custodian of the national environmental information supply chain. See Better data to track, understand and adjust. 46 Nature Positive Plan: better for the environment, better for business

33. To monitor and evaluate the effectiveness of the EPBC Act the Commonwealth should immediately: a. Establish a National Environmental Standard for environmental monitoring and evaluation of outcomes to ensure that all parties understand their obligations to monitor, evaluate, report on and review their activities. b. Assign the Ecologically Sustainable Development Committee responsibility for the oversight and management of monitoring, evaluating and reporting on the outcomes of the Act. Immediate priorities of the Ecologically Sustainable Development Committee should be developing a monitoring and evaluation framework and preparing monitoring and evaluation plans for the National Environmental Standards for MNES The Data Division will develop and implement a Monitoring, Evaluation and Reporting (MER) framework to provide assurance that the objects of the new Act and outcomes of National Environmental Standards are being achieved. See Better data and information to track, understand and adjust.

34. In the second tranche, the EPBC Act should be amended to require formal monitoring, evaluation and reporting on the effectiveness of the Act in achieving its outcomes. Specifically, amendments should include requirements to: a. deliver a comprehensive and coherent monitoring and evaluation framework that includes appropriate mechanisms for embedding the framework including governance b. require a long-term strategy to identify and achieve systematic monitoring required to understand the trend and condition of MNES c. deliver an annual statement by the Ecologically Sustainable Development Committee to the Environment Minister and the Environment Assurance Commissioner. The statement should evaluate environmental performance under the Act, how the outcomes for MNES are tracking, and make recommendations for adjustments are required. The government will establish standards and ensure that decision-making processes under national environmental law is effective and transparent. The Data Division will provide publicly available monitoring and reporting on environmental outcomes. See Accreditation will be based on National Environmental Standards and The Data Division will help us track, understand and adjust.

35. The Commonwealth should immediately agree to deliver a published response to the 2021 State of the Environment Report. The response should provide a strategic national plan for the environment, including annual reporting on the implementation of the plan. The government published the 2021 State of the Environment Report on 19 July 2022. This response addresses findings from the SoE report and the review. Implementation of the government’s actions will be reported regularly for transparency and accountability. Nature Positive Plan: better for the environment, better for business 47

36. In the second tranche, the EPBC Act should be amended to provide a sound legislative basis for the Commonwealth’s national leadership and reporting role including amendments to: a. Set out the purpose of the national State of the Environment report to provide the national story on environmental trends and condition, and require that it be independent, based on a consistent, long-term set of environmental indicators, and align the timing of the report to enable it be used as a contemporary input into the decadal review of the Act. b. Require a government response to future State of the Environment reports that should be tabled in the Australian Parliament in the form of a strategic national plan for the environment and annual reports on the implementation of the plan. c. Require a set of national environmental-economic accounts to be tabled annually in the Australian Parliament alongside traditional budget reporting. The government will introduce legislation to provide a sound basis for reform in 2023. The government will legislate to clarify the purpose of SoE reporting, including requiring trend analysis against national goals and a long term set of environmental indicators. This will include a requirement for a government response to future SoE reports to be tabled in Parliament within a specified timeframe. See We will make better use of the State of the Environment report. The Government will develop a core set of national Environmental Economic Accounts to be tabled annually in Parliament alongside the system of national (economic) accounts. See Environmental economic accounts will help us value nature.

37. As part of the third tranche of reform, the Commonwealth, in its national leadership role, should build on its own reforms by pursuing harmonisation with states and territories to streamline national and international reporting by delivering: a. a national environmental monitoring and evaluation framework, developed in collaboration with jurisdictions, to better understand the performance of the different parts of the national environmental management system b. a nationally agreed system of environmental-economic accounts to support streamlined environmental reporting. These accounts should be continuously improved over time. The government will improve reporting and consider the best way to support further harmonisation with states and territories through relevant intergovernmental forums. See The Commonwealth will work with states and territories. 48 Nature Positive Plan: better for the environment, better for business

38. In the third tranche of reform, the Commonwealth should instigate a refresh of intergovernmental cooperation and coordination to facilitate collaboration with the states and territories, including: a. greater consistency and harmonisation of environmental laws b. finalising a single national list of protected matters to facilitate streamlining under the common assessment method c. a shared future program of regional planning and strategic national plans d. leveraging Commonwealth reforms in data and information e. consolidating monitoring and reporting on environmental outcomes across Australia through the State of the Environment Report and other reporting. The government will seek to formalise support for implementation of national environmental law reform through relevant intergovernmental forums. The government has reinstated the Environment Ministers’ Meeting to promote collaboration with states and territories. Ministers have committed to work together on National Environmental Standards, regional planning locations and environmental data. Regional planning will be undertaken with states, territories and local government. See The Commonwealth will work with states and territories. Nature Positive Plan: better for the environment, better for business 49 Appendix B This response is informed by engagement with stakeholders 2021 State of the Environment Chief co-authors Invasive Species Council Association of Mining and Exploration Companies Lock the Gate Alliance Australian Academy of Science Minerals Council of Australia Australian Climate and Biodiversity Foundation Mr Duane Fraser, Chair, Indigenous Advisory Committee Australian Conservation Foundation Mr Ted Baillieu, Chair, Australian Heritage Council Australian Forest Products Association National Farmers’ Federation Australian Foundation for Wilderness & Great Eastern National Offshore Petroleum Safety and Environmental Ranges Initiative Management Authority Australian Land Conservation Alliance North Australian Indigenous Land and Sea Management Alliance Ltd Australian Marine Conservation Society Places You Love Australian Petroleum Production and Exploration Association Professor Andrew Macintosh, ANU Law School Birdlife Australia Professor Helene Marsh, Chair, Threatened Species Scientific Committee Bush Heritage Australia Professor Graeme Samuel, AC Business Council of Australia Property Council of Australia Dr Chris Pigram, Chair, Independent Expert Scientific Committee on Coal Seam Gas and Large Goal Mining Reef Advisory Committee Development Resilient Landscapes Hub Environment Institute of Australia and New Zealand State and territory government departments Environment Ministers from all states and territories The Chamber of Minerals and Energy WA Environmental Defenders Office The Nature Conservancy Environmental Justice Australia The Wilderness Society First Nations Heritage Protection Alliance (FNHPA) Trust for Nature Greening Australia Urban Development Institute of Australia Humane Society International Wentworth Group of Concerned Scientists Indigenous Land and Sea Corporation WWF Australia 50 Nature Positive Plan: better for the environment, better for business Nature Positive Plan: better for the environment, better for business 51 ENV482.0922