Environmental Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 - Commentary on Ministerial Responses [2020] AUSStaCSBSD 234 (9 December 2020)

• Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020
• Incorporation of materials as in force from time to time14

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Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020

Purpose	This bill seeks to amend the Environment Protection and Biodiversity Conservation Act 1999 to facilitate the devolution of environmental approvals to the states and territories, making technical amendments to the existing provisions of the Act relating to bilateral agreements to support the efficient, effective and enduring operation of bilateral agreements
Portfolio	Environment
Introduced	House of Representatives on 27 August 2020
Bill status	Before the Senate

Incorporation of materials as in force from time to time^[14]

2.1 The committee initially scrutinised this bill in Scrutiny Digest 11 of 2020 and requested the minister's advice.^[15] The committee considered the minister's response in Scrutiny Digest 13 of 2020 and requested the minister's further advice.^[16] The committee considered the minister's further response in Scrutiny Digest 15 of 2020 and requested that the minister provide an addendum to the explanatory memorandum to include key information provided by the minister in her responses relating to the incorporation of material into bilateral agreements.^[17]

Minister's response^[18]

2.2 The minister advised:

The Senate Scrutiny of Bills Committee has requested that I table an addendum to the explanatory memorandum to the Bill containing the information I have provided to the Committee regarding the types of documents that may be incorporated into a bilateral agreement, and whether those documents will be freely available.
In my view, an addendum to the explanatory memorandum is not necessary. I note my responses to the Committee's questions in relation to this matter are publicly available in the Scrutiny Digest 13/20 and Scrutiny Digest 15/20.

Committee comment

2.3 The committee thanks the minister for this response. The committee notes the minister's advice that responses to the committee's questions in relation to this matter are publicly available in Scrutiny Digest 13 of 2020 and Scrutiny Digest 15 of 2020.

2.4 While noting this advice, the committee emphasises that, where it requests that key information be included in explanatory materials, it does so on the basis that these documents are an important point of access to understanding the law, particularly as they are more directly accessible to persons seeking to understand the law.

2.5 The committee reiterates its request that an addendum to the explanatory memorandum containing the key information provided by the minister in her responses to the committee be tabled in the Parliament as soon as practicable, noting the importance of this document as a point of access to understanding the law and, if needed, as extrinsic material to assist with interpretation (see section 15AB of the Acts Interpretation Act 1901).

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[14] Schedule 5, item 9, proposed section 48AA. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(v).

[15] Senate Scrutiny of Bills Committee, Scrutiny Digest 11 of 2020, pp. 11-12.

[16] Senate Scrutiny of Bills Committee, Scrutiny Digest 13 of 2020, pp. 27-30.

[17] Senate Scrutiny of Bills Committee, Scrutiny Digest 15 of 2020, pp. 57-58.

[18] The minister responded to the committee's comments in a letter dated 1 December 2020. A copy of the letter is available on the committee's website: see correspondence relating to Scrutiny Digest 18 of 2020 available at: www.aph.gov.au/senate_scrutiny_digest