Australian Conservation Foundation
>June 2000
>ACTION ALERT
>
>Help stop the watering down of laws protecting whales, dolphins and
  threatened marine species and help protect our native forests.
>
>The Environment Legislation Amendment Bill (No1) 2000 ("ELAB" no.1) is the
>first batch of amendments to the controversial Environment Protection and
>Biodiversity Conservation Act 1999 and it comes before that Act starts on
  16, July 2000.
>
>Whilst some aspects of ELAB no.1 are tidying up of the EPBC Act, a number
of the proposed amendments significantly weaken our national environmental
>laws. The Bill cannot be allowed to pass as it currently stands. Please
  take the time to voice your own concerns about ELAB no.1 and call on the
>Commonwealth Government, the ALP and the Australian Democrats to take
>immediate action to remedy the negative aspects of the Bill. It is expected
>that ELAB no.1 will be debated in Parliament in the week beginning 26 June
>2000. We need your urgent action.
>
>What's wrong with ELAB no.1?
>
>Its amendments entrench exemptions for areas covered by regional forest
>agreements. This will ensure that the vast majority of Australia's forests
>will not be subject to the operation of the EPBC Act. It is a back door
>attempt to put in place key parts of the Regional Forests Agreement Bill
>1999 because the Government refuses to support key Senate amendments which
>increase the accountability and transparency of regional forest agreements.
>
>It will make it possible for a person to kill, injure, take, keep, trade or
>move a listed threatened marine species and listed migratory species
  without committing an offence under the EPBC Act if the action is provided for and
>taken in accordance with an accredited fisheries management plan or regime.
>
>It also extends exemptions under management plans for a person to kill,
>injure, take, keep, trade or move a listed marine species or cetaceans
>(Dolphins and Whales), to management regimes.
>
>Its amendments provide a disincentive to proper management planning by
>enabling the Minister to accredit management regimes (in addition to
>management plans) for fisheries. Under the Act, regimes may be nothing more
>than an incomplete management plan or a management plan in its preparation
>stages. Indeed, regimes may just be a substitute for management plans.
>
>It widens the scope for commercial activity in Commonwealth reserves. It
>removes the prohibition against a person undertaking a commercial activity
>in a Commonwealth reserve without a management plan if the Director of
>National Parks determines that the action is consistent with the
>proclamation of the reserve.
>
>It also fails to use the opportunity to remedy major flaws in the EPBC Act.
>
>A Positive Way Forward

>The Bill should be amended to remove the RFA exclusion under the EPBC Act.
>
>Management plans and regimes should not provide protection to those who
>recklessly kill, injure, take, trade or move:
>Listed threatened species;
>Listed migratory species;
>Listed marine species; and
>Cetaceans(dolphins and whales).
>
>If the accreditation of management regimes is to be permitted under the EPBC Act, such regimes should be    subject to a one-year sunset clause during which time they must attain the status of management plans or lose    accreditation status. Furthermore, prior to accreditation, draft regimes should be
>published for public comment along with reasons for any decision to accredit a regime.
>
>For a framework that promotes proper management planning for Commonwealth
>Reserves, the Bill should, as a minimum, ensure that only pre-existing
>commercial activities are permitted, that Commonwealth reserves without
>management plans must have them within 12 months and that a pre-existing
>management plan prevails while new plans are being prepared.
>
>There are a number of other ways in which the EPBC Act must be improved.
>Such improvement would include:
>
>Adding triggers for Greenhouse, land clearing (or even salinity),
>genetically modified organisms and water projects;
>Removing the capacity for Commonwealth approval powers to be devolved to
  the States (s.46) or to other Commonwealth agencies (s.33).
>Ensuring declarations that allow assessment by other Commonwealth agencies
>(s.84) expire and are reviewed after five years similar to the expiry of
>bilateral agreements after 5 years;
>Introducing a power to enable the Commonwealth Environment Minister to call
>in actions that are of national environmental interest (a reflection of the
>power to exempt actions according to an undefined national interest
>s.158(4)); Amending the approach to World Heritage from a values only approach to one
>which incorporates "properties including associated values";
>Introducing an independent Commissioner of Ecological Sustainable
>Development with powers to independently audit state performance under
>bilaterals; Including an assessment of all environmental impacts once the Act is
>triggered, and; Introducing further actions within the definition of nuclear actions under
>s.22(1) and to extend and clarify the effectiveness of s.140A.
>
>ELAB no.1 provides the perfect vehicle to implement these improvements to
>the EPBC Act.
>
>WHAT YOU CAN DO.
>Voice your concerns about the current effect of the amendments contained in
>ELAB no.1 and the opportunity that now presents itself to utilise the Bill
>as a vehicle for much needed reform to the EPBC Act by calling or writing
>to:
>
>Senator the Hon. Robert Hill
>Minister for Environment and Heritage
>Leader of the Government in the Senate
>Parliament House, Canberra
>ACT 2600
>Tel: 0262773545. Fax: 026773545
>Email: senator.hill@aph.gov.au
>
>Senator the Hon. Nick Bolkus
>Shadow Minister for Environment & Heritage
>Parliament House, Canberra
>ACT 2600
>Tel: 0262773388. Fax: 0262773062
>Email: senator.bolkus@aph.gov.au
>
>
>Senator Andrew Bartlett
>Democrats spokesperson for the Environment
>Parliament House, Canberra
>ACT 2600
>Tel: 0262773406. Fax: 0262773791
>Email: senator.bartlett@aph.gov.au
>
>Senator Bob Brown
>Australian Greens
>Parliament House, Canberra
>ACT 2600
>Tel: 0262773170. Fax: 0262773185
>Email: senator.brown@aph.gov.au
>
>For further information contact:
>Michael Kerr-ACF Legal Advisor 94161166 or m.kerr@acfonline.org.au
>
>
>John Connor
>ACF Campaigns Director
>TEL: (03) 9926 6736
>FAX: (03) 9416 0767
>MOB: 0409 935 044
>http://www.acfonline.org.au