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| Ms LAWRIE (Natural Resources, Environment and Heritage): Madam Speaker, I move that the bill be now read a second time. Madam Speaker, this bill delivers an important election promise to establish an independent environment protection authority, and is a significant step towards guaranteeing an ecologically sustainable future for the Territory. For the first time in our history, we will have an EPA that is the right model for the Northern Territory and which affirms this government’s strong commitment to our environment and lifestyle. The Territory is in a unique position, one which is very different from the rest of Australia, where we enjoy a healthy environment, yet have a growing economy. We want to protect our precious environmental resources as we enter a new phase in the Territory’s development, so we need new environment protection measures in place. The approach enshrined in this bill has been developed as the result of wide consultation with the Territory community by eminent independent experts Professors Gordon Duff and Donna Craig, and Ms Judith King. I would like to take this opportunity on behalf of this government to express my appreciation to the independent interim board members and to the former members of the Sessional Committee on the Environment and Sustainable Development who canvassed many alternatives and who established the principles on the which the EPA model has been built. The members of the interim EPA board have done the Territory a great service. Their recommendations embodied in the report Towards an Environment Protection Authority for the Northern Territory were thoroughly considered by government and have been accepted in full. The board members travelled widely throughout the Territory and took representations from a wide range of interested groups and individuals. I thank members of the public who took such an interest in this very important matter. I know they remain keenly interested in the progress of the bill and in achieving good environmental outcomes for the Territory. Mr Wood interjecting. Ms LAWRIE: I am confident that the new EPA will meet and indeed surpass their expectations. There is a compelling logic in the model proposed by the interim board and endorsed by government. During its consultations the interim board asked Territorians to identify where a new EPA should be positioned on a continuum between highly strategic to operational in order to add significant value to the existing environmental protection system. Mr Wood interjecting. Ms LAWRIE: Madam Speaker, the member for Nelson keeps interrupting. It is the second reading speech. There is a particular convention for second reading speeches. Mr Wood interjecting. Madam SPEAKER: Member for Nelson, I ask you to cease interjecting. Mr WOOD: Yes, Madam Speaker. Members interjecting. Madam SPEAKER: Thank you, member for Nelson. It is the second reading speech and it is an important debate, and I would ask you to listen in silence, member for Nelson, or continue your conversation elsewhere. Minister. Ms LAWRIE: Invariably, both business and community groups identified that there was a need to develop and implement consistent and coherent frameworks for articulating and setting standards for environmental outcomes and performance. The consultations indicated that lack of such frameworks hamper the effectiveness of existing regulatory measures. The accepted model positions the EPA to fill this gap at the strategic end and improve the system rather than duplicating the existing role of government agencies in regulation. The board argues that the EPA should make advice to government rather than determinations as strategic decisions inevitably involve political considerations and are therefore most appropriately made by governments which can be held accountable by their electorate. The new Environment Protection Authority, the EPA, will provide independent, strategic and practical advice to government about ecologically sustainable development in the Northern Territory. Specifically, this will involve the EPA setting clear objectives, rules, standards and processes developed in close consultation with business and the community which reach across sectors, are scientifically defensible and which promote integration and efficiency. The EPA will be clearly distinguished from the operational and enforcement aspects of environmental protection and regulation provided by government agencies. These will continue to be the responsibilities of government agencies directly accountable to ministers and hence to the parliament and the electorate. The bill is in several parts. Part one, Preliminary Matters deals with the commencement and definitions. Commencement will be on a date fixed by the Administrator in order to allow preliminary administrative matters to be dealt with prior to the authority commencing operations. I anticipate that the EPA will be appointed and fully operational by early 2008. ‘Environment’ is defined in the bill as meaning ‘all aspects of the surroundings of humans, including the physical, biological, economic, cultural and social aspects’. This definition is consistent with existing Territory legislation such as the Environmental Assessment Act, and recognises that an integrated triple bottom line approach is appropriate for dealing with ecologically sustainable developments in the 21st century. This bill recognises that the EPA will be established as an independent body whose capacity to develop advice and recommendations independent of government direction and influence will be beyond question. Parts two and three of the bill provide the legislative underpinnings for this independence. Part two of the bill has five divisions. The first division deals with the establishment, functions, powers and independence of the EPA. Clause four establishes the Environment Protection Authority. Clause five sets out the functions of the authority, which are to give advice and make recommendations to the Northern Territory government, private sector and communities about matters relating to ecologically sustainable development. This gives the EPA authority to consider and report on a wide range of matters. The authority will accept matters referred to it from the minister on behalf of government, and will also have the power to investigate matters referred on its own initiative or otherwise referred by anyone else where these meet criteria agreed between the authority and the minister. Triggers for any EPA involvement in investigations will require a case by case judgement by members of the EPA. The presumption is that, where existing government systems and processes are in place and working adequately, there is no need for EPA intervention. In the event of a referral from someone other than the minister or the EPA itself, a case will need to be made to the EPA why it should intervene. The EPA will deal only with systemic issues, not whether or not someone likes a particular government decision. To this end, the criteria for accepting a referral other than from the minister should not be seen as a fetter on the independence of the authority to investigate matters as it sees fit. I see them as a means of maintaining the authority’s interest in significant matters rather than being distracted by less significant issues. In any event, the criteria will be publicly available once they have been finalised by the authority. Clause 5(2) sets out examples of matters on which the EPA may give advice or recommendations. It is clear from this list that government expects the EPA to give advice about best practice environmental policy and management, and to take a lead role in the reform of environmental legislation. The EPA will scrutinise the operations of Northern Territory government agencies and report to government on how well agencies are performing their regulatory functions. Where the EPA identifies systemic problems in the environmental performance or outcomes achieved by the public or private sector, it has the power to bring these to the attention of the government and the public, and to make recommendations on how these problems should be addressed. This overview and audit-like function is only possible because the EPA does not have day to day regulatory functions. In order to effectively undertake its leading role, the authority will be empowered to do all things necessary or convenient to perform its functions, including having powers to conduct inquiries it considers appropriate. Clause 6. Public and government confidence in the EPA’s advice requires the EPA to have access to the best possible information. Chief executives of government agencies will therefore be required to provide it with information to assist with its inquiries. The EPA will also be able to seek information from the private sector and from government business divisions, and to ask people with special knowledge or experience relevant to a particular inquiry to help it to conduct its inquiry. An essential part of providing good advice is to consult widely. In exercising its powers and performing its functions, the authority will be required to consult appropriately with government agencies, the private sector and the community. Clause 7 1. The legislation requires that, in performing its functions and exercising its powers, the authority have regard to a series of principles. Chief among these are the principles of ecologically sustainable development, that is, the application of the precautionary principle; inter- and intra-generational equity; conservation of biological diversity; and ecological integrity and improved valuation, pricing and incentive mechanisms; and the application of polluter pays. The EPA will need to ensure that any objectives, standards and targets for environmental management are soundly and scientifically based and are consistent with best practice. Its activities will need to promote integration, certainty and reduce duplication of government processes, and should take into consideration the need to develop a strong, growing and diversified economy with a well informed and engaged private sector that has an enhanced capacity for protecting the environment. In going about its work, the authority will need to facilitate community involvement in environmental issues. having regard for the diversity of the Northern Territory community and the particular needs of vulnerable and disadvantaged groups, and will need to be transparent in information availability, decision-making, monitoring and reporting. Clause 8 to the bill is headed ‘Independence’ and states that, in exercising its powers and performing its functions, the EPA is not subject to the minister’s direction and, in particular, is not subject to direction in relation to the preparation and content of any advice or recommendations. This clause mirrors provisions found in EPA legislation in other jurisdictions such as South Australia and Western Australia, and demonstrates this government’s commitment to the EPA being a truly independent body. Part 2, Division 2 of the bill sets out the composition and appointment provisions for the independent EPA. The authority will operate in accordance with accepted principles of good corporate governance. Clause 9 indicates that the authority will have at lease four, and not more than seven, members. This is the accepted size for effective functioning of boards, giving sufficient diversity of views and not being too unwieldy for reaching agreement. Unless there are good reasons to expand the numbers, I anticipate that the initial authority will be confined to four part-time members reflecting the advice of the EPA Board. Consistent with the recommendations of the EPA Board, members will be appointed by the Administrator by notice in the Gazette. Clause 10 indicates that a person can be appointed as members only if the Administrator is satisfied the person holds relevant qualifications or experience. Authority members will be appointed for their expertise rather than representatives of particular interest groups. This is another way of ensuring that the authority provides independent, high calibre advice. Clauses 11 to 14 deal with the duration and conditions of appointment of members; indicate that the minister will appoint a chairperson from among the members; and set out the circumstances under which a member ceases to hold office. Authority members and former members are protected from liability if they are acting in good faith - clause 23. Part 2, Division 3 also deals with governance of the authority. Clauses 15 to 18 relate to the conduct of authority business. They provide for the authority to meet as often as necessary, but at least four times per year; for the chairperson to preside, and for members to appoint another of their number as chair if the chairperson is absent; for the quorum to be a majority of members with decisions by majority and a casting vote for the chairperson; and provisions for disclosure of interest by members. Under clause 21, the chairperson can make guidelines about the authority’s administrative practices and procedures. Part 2, Division 4 indicates that staff of the authority will be public servants subject to the direction of an authority member in the performance of their duties - clauses 19 and 20. While its exact composition will ultimately be a decision for the authority, I envisage that the EPA will be supported by a small, full-time secretariat comprised of up to four staff members, including an executive officer. While technically public servants, the secretariat staff will be directly responsible to the authority and, as such, will be shielded from government influence. I anticipate that administrative arrangements governing the relationship between the authority and its secretariat will be clearly articulated early in the authority’s operations. Public servants in the Department of Natural Resources, Environment and the Arts will continue to administer legislation such as the Environmental Assessment Act and the Waste Management and Pollution Control Act, and will remain accountable to me through the chief executive. I expect that they will continue to provide me with the high standard of frank, fearless and rigorously developed advice that I and my ministerial colleagues have come to appreciate. We can all be confident that the EPA will scrutinise this legislation and how it is administered and make any recommendations for improvement. Department staff is providing secretariat services to the interim EPA Board. This arrangement will cease once the new authority is established. An important part of the independence and accountability of the EPA is the requirements for reporting and transparency. Clause 22 of the bill requires the authority to make an annual report to parliament. Part 3 of the bill is entitled ‘Information Availability’. Consistent with the recommendations from the interim board, clause 24 requires the authority to make its advice or recommendations public unless it is satisfied that there are reasonable grounds for withholding information, such as privacy. The presumption is that advice will be made public and that a case and an active decision made if information is not to be widely available. As a way of building trust between the authority and government, the authority must give government reasonable notice of its intention to make its recommendations or advice public. The minister must respond in writing within a reasonable time once government has made a decision about the advice or recommendations from the authority - clause 25. I anticipate that in keeping with the presumption of transparency, the minister will make the government’s response publicly available. Part 4 of the bill covers miscellaneous matters. Clause 26 requires the minister to review the operation of the act within five years of its commencing, and put a review to be tabled in the Legislative Assembly. This recognises that the role of the EPA is likely to evolve, and is consistent with the board’s recommendation that the authority regularly evaluates its performance. Clause 27 enables regulations to be made. I do not expect that there will be a need to enact regulations in the near future, but will take advice from the authority once it is operational. Madam Speaker, I hope I have made it clear that establishment of the new EPA will usher in a new era on environmental accountability in the Northern Territory. The authority will have wide powers to investigate matters relating to ecologically sustainable development, and will do so in a rigorous, transparent manner. It will have significant powers to scrutinise the performance of both the public and private sectors, and to recommend improvements. In this way I anticipate that it will lead to significant improvements in environmental performance and to a wide spread appreciation that development in the Territory is clean and green. The new EPA will help us all achieve a sustainable future based on our unique Territory lifestyle. Madam Speaker, I commend the bill to the Assembly. Debate adjourned. |