Independent Review Of The EPBC Act

A bold and brave new world for Commonwealth Environmental Protection Laws?

Earlier this week, Professor Graeme Samuel AC released his Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The EPBC Act, which is the centrepiece of Australia's federal environmental law, is required to be reviewed at least once every 10 years. This latest review commenced on 19 October 2019 and examines the operation of the EPBC Act and the extent to which its objectives have been achieved.

Professor Samuel's views were bold and unequivocal – in its current form, the EPBC Act is neither ensuring effective environment protection and biodiversity conservation, nor efficient regulation of business. The national outlook is one of decline and increasing threat to the quality of the environment. At best, the operation of the EPBC Act has contributed to slow the overall rate of decline. The Interim Report lays down