One Stop Shop

The Commonwealth Government’s ‘One Stop Shop’ for environmental approvals 

In October 2013, the Hon Greg Hunt MP, Minister for the Environment, announced that the Abbott Government had approved a framework for a ‘One Stop Shop’ for approval of environmental approvals.  The purpose of this initiative was to create a single environmental assessment and approvals process under the Environment Protection Biodiversity Conservation Act 1999 (Cth) (EPBC Act)  – delegated to States – for nationally protected matters for the avowed purpose of providing regulatory savings to business.   Two types of bilateral agreements can be entered into by the Commonwealth and a state/territory:  assessment bilateral agreements and approval bilateral agreements.  If a proposed action is covered by an assessment bilateral agreement, then it is assessed by the federally-accredited state/territory but the proposed action still requires Commonwealth approval.  If a proposed action is covered by an approval bilateral agreement, then it will be assessed and approved by the state/territory:  No further approval is required from the Commonwealth under the EPBC Act.

Minister Hunt has now issued an invitation to comment on a draft approval bilateral agreement with Western Australia.  The draft agreement provides for accreditation of Western Australian processes for the approval of actions that would otherwise have to be approved by the Commonwealth Government under the EPBC Act. All decisions relating to ‘accredited processes’ would be assessed by Western Australian agencies only, with no further referral to or approval by the Commonwealth Government being required, including for matters of national environmental significance.

The following website provides access to the draft approval bilateral agreement between the Commonwealth and the State of Western Australia and provides information on how to make submissions regarding the agreement:  http://www.environment.gov.au/protection/environment-assessments/bilateral-agreements/wa

Submissions are due by 15^th February 2015.

If you would like to make a submission and have any queries, please do not hesitate to contact the Environmental Defender’s Office on 9221 3030 or at edowa@edowa.org.au

Pinnacles a mining-free zone 

On the 17 December 2014, the Department of Mines and Petroleum (DMP) declared that the Pinnacles and the surrounding Red, Painted and Little Painted desert areas would be excluded from mining activities. This announcement came off the back of a first-time situation – access to the Pinnacles was excluded by DMP in response to a request by Westranch Holdings Pty Ltd (wholly owned by Norwest Energy) to amend its Mid West Exploration Permit. Westranch requested the amendment as the area is not prospective and the company has no intention to propose any future activity within the area. DMP’s Executive Director (Manager Petroleum Geology) Jeff Haworth, said that it would have been highly unlikely that exploration access to the Pinnacles would have been granted under the current regulatory framework in any case, but the new conditions to Westranch’s exploration permit provide greater clarity for the future. Mr Haworth further stated that DMP was pleased to receive the request, as it demonstrated a degree of corporate social responsibility on the part of Westranch.

At present, the approvals process for petroleum tenements involves a multi-agency assessment against several pieces of legislation before any activity can commence. Mr Haworth said DMP was reviewing its current processes for petroleum acreage release, citing the need for continuous improvement of regulatory standards, to ensure they are “in step with new scientific and technological advances, as well as changing social considerations.”

DMP’s media release can be accessed at: http://www.dmp.wa.gov.au/7105_21175.aspx