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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
AMENDMENT (STANDING) BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for the Environment, the Hon Greg Hunt MP)
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
AMENDMENT (STANDING) BILL 2015
OUTLINE
The Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015
(the Bill) amends the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
(the EPBC Act) to repeal section 487 which extends the meaning of person aggrieved in the
Administrative Decisions (Judicial Review) Act 1977 (the ADJR Act). The amendments will
bring the EPBC Act into line with the standing provisions of the ADJR Act, and will not
prevent persons who can meet the standing test in the ADJR Act from applying for judicial
review.
The Bill will apply to applications made under the ADJR Act the day after the date of the Royal
Assent irrespective of when the decision, failure to make a decision or conduct occurs.
FINANCIAL IMPACT STATEMENT
The Bill does not have a financial impact.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS - PART 3 HUMAN
RIGHTS (PARLIAMENTARY SCRUTINY) ACT 2011
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)
Overview of the Bill
The Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015
(the Bill) amends the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
(the EPBC Act) to repeal section 487 which extends the meaning of person aggrieved in the
Administrative Decisions (Judicial Review) Act 1977 (the ADJR Act). The amendments will
bring the EPBC Act into line with the standing provisions of the ADJR Act, and will not
prevent persons who can meet the standing test in the ADJR Act from applying for judicial
review.
The Bill will apply to applications made under the ADJR Act the day after the date of the Royal
Assent irrespective of when the decision, failure to make a decision or conduct occurs.
Human rights implications
This Bill engages the right to a fair hearing in Article 14 of the International Covenant on Civil
and Political Rights. However, the Bill does not limit this right. Section 487 of the EBPC Act
currently extends standing to seek judicial review of decisions to individuals who are
Australian citizens or residents, organisations or associations established in Australian or an
external territory who have at any time in the two years immediately before the decision, failure
to make a decision or conduct have engaged in a series of environmental conservation or
research activities in Australia or an external territory. The Bill repeals this provision.
The definition of aggrieved persons in the ADJR Act will remain unchanged. The ADJR Act
defines an aggrieved person as a person whose interests are adversely affected by the decision,
failure to make a decision or conduct. People who satisfy the definition of an aggrieved person
will continue to have standing to seek judicial review of decisions made under the EBPC Act.
The Bill does not alter the jurisdiction of courts to review decisions under the ADJR Act.
Repeal of section 487 will mean that standing will therefore be available to all parties that
currently have access to legal rights of standing under the general ADJR Act standing
provisions.
Conclusion
This Bill is compatible with human rights as it engages, but does not limit, any human rights.
Minister for the Environment, the Hon Greg Hunt MP
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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
AMENDMENT (STANDING) BILL 2015
NOTES ON CLAUSES
Clause 1 - Short Title
Clause 1 provides that the Act may be cited as the Environment Protection and Biodiversity
Conservation Amendment (Standing) Act 2015 (the Amendment Act).
Clause 2 - Commencement
The Amendment Act will commence on the day after it receives the Royal Assent.
Clause 3 - Schedule
This clause provides for amendments to the Environment Protection and Biodiversity
Conservation Act 1999 (the EPBC Act) specified in the Schedule.
Schedule 1 - Amendments
Item 1 - Section 487
Section 487 of the EPBC Act extends the meaning of person aggrieved for the purposes of the
Administrative Decisions (Judicial Review) Act 1977 (the ADJR Act). The section enables
individuals who are Australian citizens or residents, organisations or associations established in
Australia or an external territory to seek judicial review, if, at any time in the two years
immediately before the decision, failure to make a decision or conduct, they have engaged in a
series of environmental conservation or research activities in Australia or an external territory.
Item 1 repeals section 487. As a result, persons wishing to seek judicial review of a decision, a
failure to make a decision or regulations or conduct engaged in for the purposes of making a
decision under the EPBC Act or regulations, will need to satisfy the standing test in the ADJR
Act; that is, they will need to demonstrate that they an aggrieved person.
Item 2 - Application of amendments
Item 2 clarifies that the repeal of section 487 of the EPBC Act applies in relation to any
application made under the ADJR Act after this item commences, regardless of whether the
decision, failure to make a decision or conduct to which the application relates occurs before or
after this item commences.
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