Nature Positive (Environment Law Amendments and Transitional Provisions) Bill 2024

The majority voted against amendments (1) to (11) introduced by Mackellar MP Sophie Scamps (Independent).

What do these amendments do?

Dr Scamps explained that:

Logging conducted under these agreements is currently exempt from needing federal government approval. My amendments would fix this by simply requiring that, like all other conduct that may have a significant impact on our environment, logging under these regional forestry agreements must be referred for assessment and approval under the EPBC Act. [...]

The second amendment is similar. It would repeal what is called the continuous use exemption. Under this exemption, land-clearing activity on private land that was occurring before the environment laws were introduced in 1999 is allowed to continue. This exemption is being exploited and is largely responsible for making Australia a global deforestation hotspot. It must be repealed. Again, this amendment does not prohibit land clearing; it simply requires that you need approval if you want to clear land, to ensure that critical habitat for threatened or migratory species is not being destroyed.

The third amendment is the insertion of a new provision that puts beyond doubt the circumstances in which logging needs federal government assessment and approval. This amendment makes clear that any area over 20 hectares where threatened or migratory species may exist must be referred for assessment under the national EPBC Act. These amendments do not ban anything or prohibit anything; they simply put land clearing and native forest logging on the same footing as other activities which require federal government approval. If approved, they can still go ahead.

Amendment text

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

1. Sections 1 to 11F and anything in this Act not elsewhere covered by this table

1 July 2025.

1 July 2025

2. Section 11G

The day after the day on which the Consolidated Revenue Fund is appropriated under an Act to the Department in which this Act is administered for payment for the purposes of the offices of Board members.

3. Sections 11H to 62

1 July 2025.

1 July 2025

(2) Clause 4, page 2 (line 20), after "Australia,", insert "establishes the Board of EPA".

(3) Clause 4, page 2 (after line 20), after "the CEO of EPA.", insert:

The Board's functions include appointing the CEO, determining policies and long-term strategic plans for the CEO, advising the CEO and assessing and reporting on the CEO's performance of the CEO's functions.

(4) Clause 4, page 3 (line 2), omit "the CEO and".

(5) Clause 4, page 3 (lines 3 to 5), omit "the CEO's independence by directing the CEO in the performance or exercise of the CEO's functions or powers", substitute "the Board's or the CEO's independence by directing them in the performance or exercise of their functions or powers".

(6) Clause 5, page 3 (after line 17), after the definition of advisory group, insert:

Board: see section 11A.

Board member means a member of the Board and includes the Chair.

(7) Clause 5, page 3 (after line 18), after the definition of CEO, insert:

Chair: see subsection 11D(5).

Deputy Chair: see subsection 11D(5).

(8) Clause 5, page 3 (before line 29), before paragraph (a) of the definition of entrusted person, insert:

(aa) a Board member; or

(9) Clause 5, page 4 (lines 4 to 7), omit paragraph (d) of the definition of entrusted person, substitute:

(d) a person engaged under section 23 of the Public Governance, Performance and Accountability Act 2013 by the Board under a written agreement to assist in, or advise in relation to, the performance of the Board's functions or the CEO's functions; or

(10) Clause 5, page 4 (after line 14), after the definition of EPA, insert:

former judge means:

(a) a former Justice of the High Court; or

(b) a former judge of the Federal Court of Australia; or

(c) a former judge of the Supreme Court of a State or Territory.

Indigenous person means a person who is:

(a) a member of the Aboriginal race of Australia; or

(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.

(11) Clause 8, page 6 (lines 3 to 7), omit the clause, substitute:

8 Simplified outline of this Part

This Part establishes the Board of EPA and the office of the CEO of EPA. It also establishes EPA for the purposes of assisting the Board and the CEO in the performance of their functions. The Board is the accountable authority of EPA.