A voice for the environment 10 October 2015 Committee Secretary Senate Standing Committees on Environment and Communications PO Box 6100 Parliament House Canberra ACT 2600 By email to: [email protected] Dear Committee, Submission to the Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015 Thank you for the opportunity to make a submission on the Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015 (Bill). Capricorn Conservation has since 1973 been the lead voice for the environment in Central Queensland. We cover the 142,665 k2 Fitzroy Basin, plus coastal areas from Broadsound to Baffle Creek, including Shoalwater Bay, Keppel Bay and the Southern Great Barrier Reef including the Percy Islands and Swain Reefs. Our members and volunteers are drawn from across the region and include, engineers, scientists, graziers, nature conservation groups, students and the general community. CCC holds information nights, community events like World Wetland Day publishes newsletters and promotes volunteer activities like creek and beach restoration. We endeavour to build and maintain positive interaction with all levels of government and industry. CCC was formed from the groups objecting to the limestone mining on Mount Etna, the site of Australia’s largest maternity cave of Little bentwing bats Miniopterus australis and endangered vine scrubs. The community and legal action succeeded firstly in protecting Mt Etna as a National Park, now a popular feature for local tourism, and importantly the mining company’s decision to relocate to a more economically rewarding site. This historical action was neither frivolous nor vexatious and resulted in both community, economic and environmental benefits. We participate on numerous reference groups such as the Shoalwater Bay Training Area Environmental Advisory Committee, Gladstone Healthy Harbour Partnership, GBRMPA Local Marine Advisory Committee, CQ Mine Rehabilitation Group and the associated ACARP/Alluvium Consulting mine stream diversions and rehabilitation working group. Our current activities include: • Biodiversity Education (schools, Landcare etc on the nine major ecosystems in CQ) • Sustainable Central Queensland – newsletter and seminars events on transitioning to energy and economic alternatives – (critically important given the current and projected economics of coal mining in the Bowen basin) • Capricorn Coast Naturally – community planning to maintain natural features of coast and hinterland as population grows • Master Plans for urban ‘green corridors’ e.g. Mt Archer National Park, creeks, wetlands interconnected with southern Fitzroy floodplains and wetlands • Securing environmental protection for Fitzroy Delta and Curtis Island • Ensuring major tourism projects, e.g., Great Keppel Island, Capricorn Integrated Resort protect sensitive parallel dunes containing EPBC and State listed ecosystems and species • Sustainable water use (whole of life cycle) in Fitzroy Basin to support food security and biodiversity resilience Environment Centre Livermore Street Rockhampton | PO Box 4011 Rockhampton Q 4700 ABN 14 846 165 788 | Phone/Fax: (07) 4927 8644 | Email: [email protected] | www.cccqld.org.au The proposal to limit community rights to object to decisions under the Environment Protection and Biodiversity Conservation Act (Section 487) fails to recognise the most basic of ecological principles, connectivity. The Strategic Assessment of the Great Barrier Reef World Heritage Area clearly confirmed that virtually every human activity in the catchments, coastlines and the marine environment has contributed to the decline in water quality and reef health. Historical land management practices, the inability of massive open cut mines to manage pit water, and poorly managed urban planning have been a major contributor to the catastrophic decline in coral cover in the Southern GBR (Ref: GBR Outlook Report 2014, Figure 2.5, p.20) People and the natural environment are all ‘directly’ affected by project decisions regardless of whether the project is ‘next door’, or in our wider neighbourhood, upstream, upwind, ten or 1000 kilometres away. Landmanagers endeavouring to achieve sustainable grazing on remnant native pasture, wetlands and Nature Refuges feel threatened, overwhelmed and un-supported by large corporate miners, complex laws and lately poorly staffed government agencies. They need the support of the broader community and access to the technical and legal expertise of groups like CCC and community legal centres like EDO. The recent experience of the bungled design of the Gladstone Harbour Western Basin Dredging and Disposal project, is indicative of most project delays and errors being a result of poor research, lack of adequate base line ecological data, emasculation of government advisory agencies and poor or arrogant community consultation. Another example locally is the Great Keppel Island revitalisation project. Despite CCC’s efforts to engage the proponents in achieving an ecologically and economically sustainable resort, the EIS approval was delayed, not by legal action but by its own inadequacy, necessitating the documents constantly being referred back by approval and technical agencies. Final approval was achieved three years ago and absolutely nothing appears to have happened, other than a lot of media statements that they can’t proceed unless they are granted a casino licence (not mentioned in the original proposal and EIS). The promised jobs and economic benefits are no-where to be seen and Great Keppel is being overrun with feral goats, infested with noxious weeds and at risk of unmanaged fire and erosion risk, let alone the cyclone damaged, decaying, abandoned resort. The failure, since August 2012 of the proponent to secure an extended Marine Park permit for the abandoned, decaying Middle Island Underwater Observatory has been raised with GBRMPA and the Australian National Audit Office. Invitations have been extended to GKI Resorts Pty Ltd to brief the community on resort progress and plans to remove or restore the underwater observatory have been ignored. CCC has been urging GKI lease holders and compliance agencies with persistent polite requests for adherence to environmental conditions for decades without success. Community members need to have the right to take legal action when government departments lack the will to act. These are just a couple of examples of the need to maintain the civic right to legally challenge projects and project conditions which may have harmful environmental consequences. Just as the Mt Etna case demonstrated, the infrequent environmental legal cases contribute to improvements in biodiversity protection, approval and compliance processes, as well as assisting progressive transition to a more sustainable economy. Global economics, especially the price of coal have massive impacts on jobs. Environmental objections rarely stop or slow projects. Delays in approvals are most often caused by inadequate technical assessments, failure to engage the community and economic shifts. A quick glance at the Queensland Coal resources map (DNRM website) shows the close proximity to existing transport infrastructure of existing Bowen Basin mines containing the higher value coal types compared to the remoteness and lack of infrastructure of the lower grade Galilee coal measures. Under the current price and projected global market, established Bowen Basin mines are all either struggling to make a profit, in 'care and maintenance' or undergoing closure. Shouldn't this be a 'Black-throated Finch in the coal mine' warning that Australia needs to make a rapid transition away from economic dependence on fossil fuel exports and towards investment in sustainable industries? The inadequacy of endangered species management plans or concerns about water resource concerns may be dismissed by the stroke of a pen. Environment Centre Livermore Street Rockhampton | PO Box 4011 Rockhampton Q 4700 ABN 14 846 165 788 | Phone/Fax: (07) 4927 8644 | Email: [email protected] | www.cccqld.org.au However, crushing civil and legal rights to object to projects under the Environment Protection and Biodiversity Act, or labelling farmers, ecologists and the general community as ‘extremists’ and ‘vigilantes’ cannot turn back the tide of global economics and technological innovation. CCC strongly recommends that the Committee does not support the passing of this Bill on the following grounds: 1. The extended standing provision saves court resources and clarifies the law The extended standing provisions were inserted into the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) as a result of a long evolution through our common law whereby various tests have been established to determine standing in judicial review matters. By providing a section which clearly specifies when standing should be granted, our courts and litigants are saved significant time and costs that were previously accrued through the need to argue standing in every matter. If section 487 was to be repealed as proposed, it is highly likely there would be lengthy delays arguing common law standing under the Administrative Decisions (Judicial Review) Act 1971 (Cth). 2. Sufficient powers and obstacles exist to prevent frivolous and vexatious claims The Federal Court has powers to dismiss or refuse lodgement of matters if they are found to be frivolous or vexatious under the Federal Court Act 1976 (Cth).1 In addition to this, the significant