Footnotes
Chapter 1 - Introduction
[1]
Journals of the Senate, 2013–15, No.110, 20 August 2015, p. 3008.
[2]
Journals of the Senate, 2013–15, No.119, 12 October 2015, p.
3196.
[3]
The Hon Greg Hunt MP, Minister for the Environment, House of
Representatives Hansard, 20 August 2015, p. 8989.
[4]
The Hon Greg Hunt MP, Minister for the Environment, House of
Representatives Hansard, 20 August 2015, p. 8990.
[5]
Department of the Environment, Submission 135, p. 2.
[6]
Department of the Environment, Submission 135, p. 2.
[7]
Department of the Environment, Submission 135, p. 3.
[8]
Department of the Environment, Submission 135, p. 3.
[9]
Environment Protection and Biodiversity Conservation Bill 1998, Explanatory
Memorandum, p. 113.
[10]
Department of the Environment, Submission 135, p. 1.
[11]
Department of the Environment, Submission 135, p. 4.
[12]
Department of the Environment, Submission 135, p. 4.
[13]
The full list of grounds is contained in section 5 of the ADJR Act.
[14]
Department of the Environment, Submission 135, pp 4–5.
[15]
Environment Legislation Amendment Bill 2013, Explanatory Memorandum,
p. 2.
[16]
EDOs of Australia, Submission 114, p. 6.
[17]
Federal Court of Australia, Statement re NSD33/2015 Mackay Conservation
Group v Minister for Environment, 10 August 2015, http://www.fedcourt.gov.au/news-and-events/20-august-2015
(accessed 30 October 2015).
[18]
Federal Court of Australia, Statement re NSD33/2015 Mackay Conservation
Group v Minister for Environment, 10 August 2015; see also Law Council of
Australia, Submission 61, p. 5.
[19]
The Hon G Hunt, Minister for the Environment, 'Carmichael Coal Mine and
Rail Infrastructure project', Media Release, 15 October 2015 https://environment.gov.au/minister/hunt/2015/mr20151015.html
(accessed 2 November 2015).
[20]
Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 9
of 2015, 9 September 2015, p. 3.
[21]
Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 9
of 2015, 9 September 2015, p. 3.
[22]
Senate Standing Committee for the Scrutiny of Bills,
Alert Digest No. 9 of 2015, 9 September 2015, p. 4.
[23]
Senate Standing Committee for the Scrutiny of Bills, Eleventh Report of
2015, 14 October 2015, p. 656.
[24]
Senate Standing Committee for the Scrutiny of Bills, Eleventh Report of
2015, 14 October 2015, p. 657.
[25]
Senate Standing Committee for the Scrutiny of Bills, Eleventh Report of
2015, 14 October 2015, p. 657.
[26]
Parliamentary Joint Committee on Human Rights, Human rights scrutiny
report, Twenty-seventh report of the 44th Parliament, 8
September 2015, p. 7.
[27]
Parliamentary Joint Committee on Human Rights, Human rights scrutiny
report, Twenty-seventh report of the 44th Parliament, 8
September 2015, p. 7.
Chapter 2 - Evidence in support of the repeal of section 487
[1]
Minerals Council of Australia, Submission 97, p. 3.
[2]
Minerals Council of Australia, Submission 97, p. 3.
[3]
Ports Australia, Submission 52, p. 2.
[4]
Ports Australia, Submission 52, p. 2.
[5]
Minerals Council of Australia, Submission 97, p. 5; Ports Australia,
Submission 52, pp 1–2.
[6]
South Australian Chamber of Mines and Energy, Submission 42, p.
1.
[7]
Ports Australia, Submission 52, pp 1–2; Minerals Council of
Australia, Submission 97, pp 1, 4.
[8]
Minerals Council of Australia, Submission 97, p. 1.
[9]
Minerals Council of Australia, Submission 97, p. 4.
[10]
Minerals Council of Australia, Submission 97, p. 1.
[11]
Business Council of Australia, Submission 111, p. 8.
[12]
Minerals Council of Australia, Submission 97, p. 4.
[13]
Minerals Council of Australia, Submission 97, p. 2.
[14]
Business Council of Australia, Submission 111, p. 5.
[15]
Business Council of Australia, Submission 111, p. 3.
[16]
Minerals Council of Australia, Submission 97, p. 3.
[17]
South Australian Chamber of Mines and Energy, Submission 42, p. 1.
[18]
Business Council of Australia, Submission 111, p. 3.
[19]
Ports Australia, Submission 52, p. 4.
[20]
South Australian Chamber of Mines and Energy, Submission 42, p. 1;
Minerals Council of Australia, Submission 97, p. 1.
[21]
Minerals Council of Australia, Submission 97, p. 1.
[22]
Business Council of Australia, Submission 111, p. 3.
[23]
Department of the Environment, Submission 135, p. 6.
[24]
Minerals Council of Australia, Submission 97, p. 5.
[25]
Department of the Environment, Submission 135, p. 6.
[26]
Department of the Environment, Submission 135, p. 6.
[27]
Minerals Council of Australia, Submission 97,
p. 5.
[28]
Minerals Council of Australia, Submission 97, p. 5.
[29]
Business Council of Australia, Submission 111, pp 6–7.
[30]
Business Council of Australia, Submission 111, p. 7.
[31]
Business Council of Australia, Submission 111, p. 6.
[32]
Business Council of Australia, Submission 111, p. 7.
[33]
Department of the Environment, Submission 135, p. 5.
[34]
Department of the Environment, Submission 135, p. 5.
[35]
Department of the Environment, Submission 135, p. 6.
Chapter 3 - Evidence in support of the retention of section 487
[1]
Law Council of Australia, Submission 61, p. 4; Conservation
Council of South Australia, Submission 65, p. 3.
[2]
Wildlife Preservation Society of Queensland, Submission 67, p. 1;
Dr Robyn Bartel, Submission 103, p. 2.
[3]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 8; The Australia Institute, Submission 39, p. 1; Nature
Conservation Council of NSW, Submission 43, p. 3; WWF-Australia, Submission
74, p. 1. Lists and analysis of judicial review cases under the EPBC Act
were provided by Dr Chris McGrath (Submission 96, pp 10–17) and The
Australia Institute (Submission 39, pp 1–5).
[4]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 9; Australian Conservation Foundation, Submission 38, p. 1;
Wildlife Preservation Society of Queensland Fraser Coast, Submission 58,
p. 1; Professor Jacqueline Peel et al, University of Melbourne, Submission
76, p. 3; Climate Change Australia, Submission 87, p. 3.
[5]
Dr Chris McGrath, Submission 96, p. 7.
[6]
Dr Chris McGrath, Submission 96, p. 6.
[7]
Lock the Gate Alliance, Submission 109, p. 2.
[8]
Australian Conservation Foundation, Submission 38, p. 3; The
Wilderness Society, Submission 44, p. 7; EDOs of Australia, Submission
114, p. 11.
[9]
Dr Chris McGrath, Submission 96, p. 3; see also Humane Society
International, Submission 106, p. 4; Assistant Professor Narelle
Bedford, Submission 129, p. 6.
[10]
Australian Conservation Foundation, Submission 38, p. 3; Dr Chris
McGrath, Submission 96, p. 3.
[11]
Professor Jacqueline Peel et al, University of Melbourne, Submission 76,
p. 3; Humane Society International, Submission 106, p. 3.
[12]
Mr Murray Wilcox AO QC, Submission 19, p. 2.
[13]
Dr Chris McGrath, Submission 96, p. 7.
[14]
Dr Chris McGrath, Submission 96, p. 8; see also Professor
Jacqueline Peel et al, University of Melbourne, Submission 76, p. 4.
[15]
Dr Gabrielle Appleby, Submission 23, p. 2; Australian Conservation
Foundation, Submission 38, p. 3; The Wilderness Society, Submission
44, p. 5; EDOs of Australia, Submission 114, p. 7.
[16]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 6.
[17]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 5; EDOs of Australia, Submission 114, p. 7.
[18]
Professor Jacqueline Peel et al, University of Melbourne, Submission 76,
p. 4.
[19]
Australian Conservation Foundation, Submission 38, p. 3.
[20]
Mr Murray Wilcox AO QC, Submission 19, p. 1.
[21]
Assistant Professor Narelle Bedford, Submission 129, p. 4; see also
Mr Murray Wilcox AO QC, Submission 19, p. 2.
[22]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 10; Australian Conservation Foundation, Submission 38, p. 2;
Colong Foundation for Wilderness Ltd, Submission 41, p. 2; The
Wilderness Society, Submission 44, p. 5; Mr Stephen Keim SC, Submission
78, p. 3; Environmental Justice Australia, Submission 93, p. 5;
National Farmers' Federation, Submission 112, p. 1; Assistant
Professor Narelle Bedford, Submission 129, p. 6.
[23]
Australian Conservation Foundation, Submission 38, p. 3.
[24]
Law of Council of Australia, Submission 61, p. 8.
[25]
EDOs of Australia, Submission 114, p. 7; see also Nature
Conservation Council of NSW, Submission 43, p. 2.
[26]
Law of Council of Australia, Submission 61, p. 8.
[27]
Lock the Gate Alliance, Submission 109, p. 3.
[28]
Environmental Justice Australia, Submission 93, p. 7.
[29]
National Farmers' Federation, Submission 112, p. 1; see also Cotton
Australia, Submission 116, p. 1.
[30]
South Australian Ornithological Association, Submission 26, p. 2;
People for the Plains, Submission 40, p. 2; Conservation Council SA, Submission
65, p. 2; Capricorn Conservation Council, Submission 72, p. 2; RMIT
Interdisciplinary Conservation Science Research Group, Submission 102,
p. 2; Yarra Climate Action Now, Submission 125, p. 1.
[31]
Cairns and Far North Environment Centre, Submission 71, p. 1; see
also Public Health Association of Australia, Submission 136, p. 5.
[32]
Wide Bay Burnett Environment Council, Submission 20, p. 3; The
Wilderness Society, Submission 44, p. 3; EDO of North Queensland, Submission
56, p. 1; National Farmers' Federation, Submission 112, p. 1.
[33]
South Australian Ornithological Association, Submission 26, p. 2.
[34]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 7; see also North Queensland Conservation Council, Submission 53,
p. 2.
[35]
Mackay Conservation Group, Submission 48, p. 3; see also North
Queensland Conservation Council, Submission 53, p. 1.
[36]
350.org Australia, Submission 88, p. 3.
[37]
South Australian Ornithological Association, Submission 26, p. 2;
The Wilderness Society, Submission 44, p. 4; Trees for Life, Submission
45, p. 2; Friends of the Earth, Submission 46, p. 2;
Environment Institute of Australia and New Zealand, Submission 54, p. 7;
Environment Centre NT, Submission 68, p. 2; Greenpeace Australia
Pacific, Submission 89, p. 2.
[38]
Environment Victoria, Submission 14, p. 1; EDOs of Australia, Submission
114, p. 3; Wildlife Queensland–Townsville Branch, Submission 117, p.
3; Places You Love Alliance, Submission 121, p. 2; Assistant Professor
Narelle Bedford, Submission 129, p. 3.
[39]
Law of Council of Australia, Submission 61, p. 8.
[40]
Law of Council of Australia, Submission 61, pp 8–9.
[41]
EDOs of Australia, Submission 114, p. 2.
[42]
Australian Centre for Climate and Environment Law, Submission 55,
p. 2.
[43]
Public Law and Policy Research Unit, University of
Adelaide, Submission 35, p. 9.
[44]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 8; Nature Conservation Council of NSW, Submission 43, p. 4;
The Wilderness Society, Submission 44, p. 1; WWF-Australia, Submission
74, p. 1; Birdlife Australia, Submission 81, p. 2; Australian Marine
Conservation Society, Submission 101, p. 2; Lock the Gate
Alliance, Submission 109, p. 2; EDOs of Australia, Submission
114, pp 11–12.
[45]
Humane Society International, Submission 106, p. 2.
[46]
Australian Government, Department of Environment, Water, Heritage and the
Arts, The Australian Environment Act – Report of the Independent Review of
the Environment Protection and Biodiversity Conservation Act 1999, October
2009, p. 261.
[47]
Australian Government, Department of Environment, Water, Heritage and the
Arts, The Australian Environment Act – Report of the Independent Review of
the Environment Protection and Biodiversity Conservation Act 1999, October
2009, p. 261.
[48]
Australian Government, Department of Environment, Water, Heritage and the
Arts, The Australian Environment Act – Report of the Independent Review of
the Environment Protection and Biodiversity Conservation Act 1999, October
2009, p. 260.
[49]
Productivity Commission, Major Project Development Assessment Processes,
Research Report, Canberra, November 2013, p. 272.
[50]
Productivity Commission, Major Project Development Assessment Processes,
Research Report, Canberra, November 2013, p. 276.
[51]
Australian Conservation Foundation, Submission 38, p. 6; Mackay
Conservation Group, Submission 48, p. 2; Cairns and Far North
Environment Centre, Submission 71, p. 2; Queensland Conservation, Submission
85, p. 2.
[52]
Independent Commission Against Corruption (NSW), Anti-corruption
safeguards and the NSW planning system, ICAC, Sydney, February 2012, p. 22.
[53]
Law of Council of Australia, Submission 61, p. 8.
[54]
Law of Council of Australia, Submission 61, p. 8.
[55]
National Environmental Law Association, Submission 80, p. 2.
[56]
EDOs of Australia, Submission 114, pp 9–10.
[57]
Dr Robyn Bartell, Submission 103, p. 2.
[58]
Law of Council of Australia, Submission 61, pp 9–10.
Labor Senators' dissenting report
[1]
Federal Court of Australia, Statement re NSD33/2015 Mackay
Conservation Group v Minister for the Environment, 19 August 2015; see also
Public Law and Policy Research Unit, University of Adelaide, Submission 35,
p. 9.
[2]
The Australia Institute, Submission 39, p. 1; Nature Conservation
Council of NSW, Submission 43, p. 3; WWF-Australia, Submission
74, p. 1.
[3]
Dr Chris McGrath, Submission 96, p. 7.
[4]
Dr Chris McGrath, Submission 96, p. 3.
[5]
Humane Society International, Submission 106, p. 4.
[6]
Humane Society International, Submission 106, p. 3.
[7]
Friends of Stradbroke Island, Submission 34, p. 3; Public Law and
Policy Research Unit, University of Adelaide, Submission 35, p. 6;
Wildlife Queensland, Townsville Branch, Submission 117, p. 1; Conservation
Council ACT Region, Submission 128, p. 4.
[8]
Senator the Hon George Brandis QC, Interview transcript,
Australian Broadcasting Corporation, Insiders, 29 September 2015 http://www.abc.net.au/insiders/content/2015/s4320411.htm
(accessed 16 November 2015).
[9]
S Power, Parliamentary Library, 'Environment Protection and Biodiversity
Conservation Amendment (Standing) Bill 2015', Bills Digest, 20 August
2015, p. 25.
[10]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 5.
[11]
Law Council of Australia, Submission 61, p. 5.
[12]
Mr Murray Wilcox AO QC, Submission 19, p. 2.
[13]
Business Council of Australia, Submission 111, pp 6–7.
[14]
Department of the Environment, Submission 135, p. 5.
[15]
Mr Stephen Keim SC, Submission 78, pp 2–3.
[16]
The Wilderness Society, Submission 44, p. 3.
[17]
Conservation Council ACT Region, Submission 128, p. 4.
[18]
Nature Conservation Council of NSW, Submission 43, p. 2.
[19]
People for the Plains, Submission 40, p. 2.
[20]
EDOs of Australia, Submission 114, p. 8.
[21]
EDOs of Australia, Submission 114, p. 8.
[22]
Dr Gabrielle Appleby, Submission 23, p. 3; Australian Conservation
Foundation, Submission 38, p. 4; Nature Conservation Council of
NSW, Submission 43, p. 1; Dr Rosemary Lyster, Submission 55; p.
1; Environmental Justice Australia, Submission 93, p. 6.
[23]
Public Law and Policy Research Unit, University of Adelaide, Submission
35, p. 9.
[24]
Law Society of New South Wales, cited in Law Council of Australia, Submission
61, p. 4.
[25]
Australian Government, Department of Environment, Water, Heritage and the
Arts, The Australian Environment Act – Report of the Independent Review of
the Environment Protection and Biodiversity Conservation Act 1999, October
2009, p. 261.
[26]
Productivity Commission, Major Project Development Assessment Processes,
Research Report, Canberra, November 2013, p. 276.
[27]
Senate Standing Committee for the Scrutiny of Bills, Eleventh Report of
2015, 14 October 2015, p. 655.
[28]
Senate Standing Committee for the Scrutiny of Bills, Eleventh Report of
2015, 14 October 2015, p. 657.
[29]
Parliamentary Joint Committee on Human Rights, Human rights scrutiny
report, Twenty-seventh report of the 44th Parliament, 8
September 2015, p. 7.
Australian Greens' Dissenting Report
[1]
Queensland farmer criticises Federal Government plan to limit
environmental objections, 19 August 2015, ABC Rural http://www.abc.net.au/news/2015-08-19/federal-government-environment-protection-act-reaction/6707696
[2]
The Independent review of the Environment Protection and Biodiversity
Conservation Act 1999 (Hawke Review) can be found here: https://www.environment.gov.au/legislation/environment-protection-and-biodiversity-conservation-act/epbc-review-2008
[3]
Hawke Review, page 261.
[4]
Hawke Review, page iii.
[5]
Hawke Review, page 263.
[6]
Submission 84.
[7]
Submission 112.
[8]
Farm groups furious at Coalition move to restrict environmental
challenges, 19 August 2015, the Guardian Australia http://www.theguardian.com/australia-news/2015/aug/19/farm-groups-fear-coalition-move-to-restrict-environment-challenges
[9]
Chicken Little Abbott and Brandis wrong on 'lawfare', 21 August
2015, Canberra Times http://www.canberratimes.com.au/comment/chicken-little-abbott-and-brandis-wrong-on-lawfare-20150821-gj4htj.html
[10]
Submission 19.
[11]
Submission 66.
[12]
Submission 61.
[13]
Submission 139.
[14]
Submission 116.
[15]
Conservation leaders, lawyers say no to Abbott and Brandis' attempt to
trash environment law, 19 August 2015 http://www.acfonline.org.au/news-media/media-release/conservation-leaders-lawyers-say-no-abbott-and-brandis-attempt-trash
[16]
Submission 38.
[17]
Submission 89.
[18]
Submission 74.
[19]
Submission 109.
[20]
Submission 44.
[21]
Submission 88.
[22]
Submission 93.
[23]
Submission 101.
[24]
Submission 114.
[25]
Environment Laws that Work can be found here: http://greens.org.au/environment-laws-work
[26]
Principles to Protect Australia's Environment can be found here: http://larissa-waters.greensmps.org.au/sites/default/files/tptl_for_web.pdf
[27]
More information about the Panel is here: http://www.placesyoulove.org/expertpanel/