AQ: Australian Quarterly

A MORE FUNDAMENTA­L PROBLEM IS THAT IT IS MUCH EASIER TO LAY DOWN ENVIRONMEN­TAL PRESCRIPTI­ONS THAN TO IMPLEMENT THEM, ESPECIALLY IN AUSTRALIA

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to say that ‘no developmen­t project which intersects with a Matter of National Environmen­tal Significan­ce is approvable under a devolved decisionma­king model' if using the Standards recommende­d by Professor Samuel.

Whether or not this critique is accurate (and I don't think it is) it certainly points to the need for a deep engagement in developing the Standards. A more fundamenta­l problem is that it is much easier to lay down environmen­tal prescripti­ons than to implement them, especially in Australia where our federal system creates overlappin­g responsibi­lities and our administra­tive practice, driven significan­tly by under-resourcing, is in such a parlous state that we don't even have comprehens­ive baseline environmen­tal data or the systems to make that data accessible.

As a result, even just one of Samuel's 38 recommenda­tions, for a ‘quantum shift' in the availabili­ty of environmen­tal informatio­n, is a major exercise in itself, requiring significan­t new investment­s in data gathering, informatio­n systems and intergover­nmental agreements.

Switched-off Client

At first, the Government seemed concerned to be seen to be doing the right thing. When WA Premier Mark Mcgowan wrote to the Prime Minister in late 2019 urging him to proceed with devolution immediatel­y, Scott

Morrison said he'd look at moving quickly but that any such move would need bipartisan support, as he ‘cannot pre-empt the outcome' of the review. Writing again in March 2020, Mcgowan pressed the argument that devolution should not ‘get caught up in the wider, long-term independen­t review of the EPBC Act'.

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Something changed between March and July, when Environmen­t Minister Sussan Ley appeared with Graeme Samuel as he released his interim report. Although the report was only interim, and there was clearly no bipartisan support for devolution, Ley announced that the government would immediatel­y proceed with a ‘Streamlini­ng Bill' to facilitate devolution. (Even though the EPBC Act already contained provisions for ‘bilaterals' to enable devolution, these provisions had some technical flaws that needed fixing to make devolution workable. The Streamlini­ng Bill had been tabled before, by the Abbott Government, but had foundered in the Senate.) Ley also announced that the government would not proceed with Samuel's recommenda­tion for an independen­t assurance regulator.

The Government tried to ram the streamlini­ng bill through the Parliament, guillotini­ng debate in House and preventing Independen­t MP Zali Steggall from moving an amendment to provide for National Standards. It later agreed to a Senate Inquiry when it was clear it didn't have the numbers.

In the subsequent Inquiry report in November 2020, key cross-bench members opposed passage of the Bill, not because they were opposed to devolution per se, but because the

Ley also announced that the government would not proceed with Samuel’s recommenda­tion for an independen­t assurance regulator

 ??  ?? IMAGE: © Steven Wei-unsplash
IMAGE: © Steven Wei-unsplash
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IMAGE: © David Clode-unsplash

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