AFCA’s submission to the review of Australia’s cornerstone environmental legislation, the Environment Protection and Biodiversity Conservation Act, argues the Act is inadequate and needs to be strengthened. In particular it should not be weakened to devolve matters of national significance to the states, over-riding federal protection.
AFCA addressed the following issues:
Introduction
Section 1: Government failure to implement critical recommendations of the 2009 EPBC review
1.1 Failure to adopt an interim greenhouse trigger
1.2 Lack of accountability of Regional Forest Agreements
1.21 Non adoption of Recommendation 38
1.22 Lack of scientific basis
1.23 Lack of provision for expert input; inadequate public consultation processes is exemplified by RFA reviews and renewals
1.24 Evidence extracts 1-3
1.25 Collapse of Social License but RFAs are still renewed
1.26 Questioning the basis of RFA exemption from EPBC Act
1.3 Visuals and Film clips – MANDATORY VIEWING
30 second film clips of native forest logging in the 4 RFA states.
Section 2: What Should This Review Do Now?
2.1 A Critical Focus: Embrace Urgency: The Precautionary Principle: Don’t Wait
2.2 Stop Destroying
2.21 Scientific Community on Climate & Biodiversity – Open Letters 1-4
Section 3: Beyond Review and Reform to a Fresh Start
The case for a ‘non-negotiable’ approach to environmental protection in Australia for which environmental protection and biodiversity conservation is the cardinal point of reference
3.1 A Stronger Approach to National Leadership
3.2 Objects and Principles: Nature: Non-Negotiable
3.3 Scope
3.4 Adaptive Management and the Power to Include (mandate) and the Power to Exclude (abolish)
3.5 The Role of the Commonwealth
3.51 Renovated National Environmental Legislation
3.52 Compliance and Enforcement
3.6 Specific Instruments, in particular, the role of Markets and Offsetting
3.61 Offsetting
3.62 Markets?
3.63 Listings of threatened species and other protected matters
3.64 Regulatory failings requiring correction
3.7 Climate change is the most significant environmental threat, and yet is not referred to in the Act21. This needs to become an over-arching consideration.
3.8 The National Reserve System (NRS) is not comprehensive, adequate or representative (CAR).
Section 4: Specific Questions Posed by the Review
We will now attempt to answer specific questions postulated by the review format.
Questions 1- 23
Summary/Conclusion
See the submission: