Submission on Draft Outcomes-based Conditions Policy - EDO NSW

Submission on Draft Outcomes-based Conditions Policy

EDOs of Australia submission on Draft Outcomes-based Conditions Policy

9 October 2015 - Download PDF

The Australian Government is proposing a shift in focus for EPBC Act approval conditions, where development has significant impacts on a matter of national environmental significance. There are a number of risks and uncertainties that arise from the Draft Policy’s approach. While we support improved condition-setting on development projects, including specific environmental outcomes where possible, a mix of conditions is likely to be appropriate.

We recommend:

  • not proceeding with the Outcomes-based Conditions Policy at present; 
  • a more holistic assessment of the Department’s approach to conditioning, compliance and enforcement (including how to better monitor, achieve and report on environmental outcomes, and increase oversight efficiently); 
  • input from the Australian National Audit Office (ANAO) and independent environmental experts (and clear integration with recent ANAO findings); 
  • identification of current strengths, weaknesses and options for reform; and 
  • public consultation on those reform options and departmental proposals.