31 October 2016, The Conversation, Turnbull wants to change Australia’s environment act – here’s what we stand to lose. Prime Minister Malcolm Turnbull is seeking changes to Australia’s national environment act to stop conservation groups from challenging ministerial decisions on major resource developments and other matters of environmental importance. Turnbull is reviving a bid made by former Prime Minister Tony Abbott to abolish Section 487 of the Environment Protection and Biodiversity Conservation Act (EPBC Act) – a bid rejected in the Senate in 2015. If it goes ahead, the change will significantly diminish the functionality of the act. The EPBC Act, introduced by the Howard government in 1999, has an established record of success. Judicial oversight of ministerial discretion, enabled by expanded standing under Section 487, has been crucial to its success. Section 487 allows individuals and groups to challenge ministerial decisions on resources, developments and other issues under the EPBC Act. An organisation can establish standing by showing they have engaged in activities for the “protection or conservation of, or research into, the environment” within the previous two years. They must also show that their purpose is environmental protection. Repealing this provision would remove the standing of these groups to seek judicial review of decisions. Standing would then revert to the common law position. That means parties would need to prove they are a “person aggrieved” by showing that their interests have been impacted directly. Read More here
30 August 2016, The Guardian, Victoria to permanently ban fracking and coal seam gas exploration. Activists and farmers hail decision after inquiry into onshore unconventional gas received 1,600 submissions. Victoria is to introduce a permanent ban on all onshore unconventional gas exploration, including fracking and coal seam gas, becoming the first Australian state to do so. The premier, Daniel Andrews, made the announcement on Tuesday morning and said legislation for the ban would be introduced later this year, making the current moratorium on unconventional gas exploration permanent. A parliamentary inquiry last year into onshore unconventional gas in Victoria received more than 1,600 submissions, most of them opposed to fracking and coal seam gas exploration. A statement from the Department of Premier and Cabinet said: “It is clear that the Victorian community has spoken. They simply don’t support fracking. “The government’s decision is based on the best available evidence and acknowledges that the risks involved outweigh any potential benefits to Victoria.” The government said the move would protect the reputation of Victoria’s agriculture sector, which employs more than 190,000 people; provide certainty to regional communities; and end anxiety felt by farmers about the environmental and health risks associated with fracking. Read More here