MEMORANDUM OF
UNDERSTANDING
Between:
the Commonwealth of Australia
(Commonwealth)
and
the Northern Territory of Australia
Background
Context
A. Under the Intergovernmental Agreement on the Environment 1992 and Council of Australian Governments’ Heads of Agreement on Commonwealth and State Roles and Responsibilities for the Environment 1997, the Parties committed to working together across shared responsibilities to protect and conserve Australia’s environment.
B. Both the Commonwealth and the Northern Territory are committed to cooperative efforts to strengthen intergovernmental cooperation on the environment and to minimise costs to business while maintaining high environmental standards.
Purpose
C. The purpose of this MoU is to set out the agreed arrangements that will be pursued by the Commonwealth and the Northern Territory to deliver a one-stop-shop for environmental approvals under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) removing duplication in assessment and approvals processes, while maintaining environmental outcomes.
D. This MoU is not a legal agreement. However, both Parties commit to using their best endeavours to achieve its purpose.
Objects
E. The objects of the assessment and approvals agreements will be to:
a. Ensure high standards are maintained for the protection of the environment and, in particular, matters of national environmental significance (NES);
b. Promote the conservation and ecologically sustainable use of natural resources;
c. Ensure an efficient, timely and effective process for environmental assessment and approval of actions; and
d. Remove unnecessary duplication in the environmental assessment and approvals processes of the Commonwealth and the Northern Territory.
Roles
F. Consistent with the objects of this MoU, the Northern Territory will become responsible for assessing projects for the purpose of the EPBC Act to reduce duplication between jurisdictions, and - within 12 months - approving projects, when an approval bilateral agreement has been signed.
G. Consistent with the objects of this MoU, the Commonwealth will take a more strategic approach to environmental protection and assurance when an approval bilateral agreement has been signed.
Provisions
1. Parties
1.1.1 The Parties to this MoU are the:
a. Commonwealth of Australia represented by the Prime Minister and the Commonwealth Minister for the Environment (Commonwealth); and
b. The Northern Territory represented by the Chief Minister and the Northern Territory Minister for Lands, Planning and the Environment (Northern Territory).
2. Standards
2.1.1 In developing an agreement to integrate Commonwealth and Northern Territory environmental assessment and approval processes, the Parties agree that maintaining EPBC Act standards will be the basis for development of agreements - ensuring strong and effective environmental outcomes and providing legal certainty for proponents.
2.1.2 In developing and implementing agreements as outlined in this MoU, the Parties agree that to ensure that environmental standards are maintained:
a. The Northern Territory will not act inconsistently with relevant Commonwealth EPBC Act statutory guidelines, plans and policies in its decision-making; and
b. The Commonwealth will consult with the Northern Territory at an early stage in the process of developing amendments or new guidelines, plans and policies for adoption.
3. Consultation
3.1.1 The Parties acknowledge the importance of working with stakeholders and the community to develop the new arrangements and to build confidence in the one stop shop agreements and maintenance of high environmental outcomes.
4. Accrediting Assessments
4.1.1 Within 6 months, the Parties will conclude a comprehensive assessment bilateral agreement to accredit the Northern Territory to undertake a single assessment process for both Commonwealth and Northern Territory purposes.
4.1.2 The Parties agree the goal is to lift the use of single accredited assessment processes to 100 per cent, where the Northern Territory undertakes comprehensive environmental assessments that meet Commonwealth standards.
4.1.3. When undertaking assessments as part of any accredited authorisation processes, the Northern Territory will ensure that matters of NES are separately identified and assessed, taking into account Commonwealth guidelines, plans and policies.
4.1.4 The assessment bilateral agreement will include administrative procedures and arrangements to ensure that assessment of projects is undertaken as efficiently as possible, with regular oversight by officials, in order to minimise costs to both Parties and industry. These procedures and arrangements may include but not be limited to:
a. For proponents:
· Agreed information requirements;
· Single assessment reports and proposed conditions; and
· Single public consultation.
b. For the Parties:
· An agreed action plan for streamlining assessments;
· Information exchange and data sharing on agreed matters within agreed timeframes;
· Exchange or placement of staff, as required;
· Referral arrangements that include early consultation;
· Identification of project contact officers and ongoing project liaison arrangements;
· Commitment to assessment schedules for each project with clear timeframes and milestones;
· Public notification responsibilities;
· Monitoring compliance with conditions; and
· Conflict resolution.
5. Accrediting Approvals
5.1.1 The Parties will pursue a comprehensive approvals bilateral agreement to accredit the Northern Territory to undertake approvals under the EPBC Act, to be concluded by 18 September 2014. The Parties will seek to have an approvals bilateral agreed in principle by the end of April 2014, followed by the statutory consultation period.
5.1.2 The Parties agree that the broadest range of approvals will be pursued under an approvals bilateral agreement.
5.1.3 The agreement will include a process of regular review. There will be:
a. A comprehensive review after 12months of the operation of the agreement and the outcomes achieved, and periodic review after that;
b. A process to ensure that when proponents first seek regulatory approval from either the Commonwealth or the Northern Territory, there is certainty about whether the assessment or approval bilateral agreement will apply – particularly during the process of negotiating the approvals bilateral agreement;
c. Any accredited process will ensure that any decisions proposed by the Northern Territory will result in at least equivalent protection for matters of NES, and that the Northern Territory decisionmakers will not act inconsistently with relevant EPBC statutory guidelines, plans and policies in considering decisions under an accredited process;
d. Appropriate assurance arrangements, which will be an important part of the approval bilateral agreement;
e. In the interim, and in any circumstances where approval responsibility under the EPBC Act remains with the Commonwealth, the Parties commit to working to develop joint protocols to minimise the need for specific conditions to be applied by the Commonwealth over and above those applied by the Northern Territory as part of its approval process; and
f. When an approval bilateral agreement is in place, the Parties will agree an approach to managing the transition of projects under assessment at that time.
6. Additional administrative streamlining
6.1.1 To complement the objects of this MoU, the Parties will continue to streamline their assessment and approval processes while maintaining environmental standards. The Parties will engage each other on these efforts, and report to the public on progress.
6.1.2 The following improvements will be pursued administratively by the Parties, while the aforementioned negotiations progress:
a. Both Parties will take steps to improve the efficiency and effectiveness of their own assessment processes to the greatest extent possible;
b. The Parties agree to provide greater up-front guidance to industry, and will work towards publishing standard information requirements and conditions for high priority sectors;
c. The Commonwealth agrees to use a single assessment report, where the Northern Territory has undertaken a comprehensive environmental assessment. In addition, the Commonwealth agrees to use the proposed conditions provided by the Northern Territory and, to the greatest extent possible, will avoid imposing additional conditions when making approval decisions under the EPBC Act;
d. The Commonwealth and the Northern Territory undertake to meet to the greatest extent possible statutory timeframes;
e. For projects where further conditions are imposed by the Commonwealth, additional to those imposed by the Northern Territory, the Parties agree to provide a single document that contains all the conditions of approval for that project imposed by both jurisdictions;
f. The Parties agree to ensure that wherever conditions of approval are imposed, they are outcome-focused, strictly necessary to maintain environmental standards, and based on risk-assessment; and
g. The Parties agree to consider embedding additional Commonwealth officers within the Northern Territory Government to facilitate greater communication and information sharing.
6.1.3 The Parties agree to pursue active, joint project management for appropriate projects while both Commonwealth and Territory assessment and approval responsibilities are involved.
7. Use of strategic assessments
7.1.1 The Parties agree to work towards the development of an agreed priority list for future strategic assessments in the Northern Territory during 2014.
8. Future cooperation
8.1.1 Both Parties will each identify senior officials responsible for leading negotiations to progress the intention of this MoU.
8.1.2 To support any accredited arrangement, the Parties will identify agreed areas of cooperation which may include:
a. A detailed implementation plan that is negotiated and agreed by all Parties to be developed;
b. On agreed matters and within agreed timeframes, exchanging data and joint analysis of environmental conditions and trends; and
c. Coordinating efforts to address adverse trends for matters of NES, for example by identifying options to improve the effectiveness of existing investment in environmental actions, land management and policy settings.
8.1.3 Under any agreement made, the Parties will ensure there are agreed arrangements for greater information sharing, consultation and dispute resolution, including through the use of governance arrangements that promote strong communication and cooperation.
Execution Page
EXECUTED as a Memorandum of Understanding
SIGNED for and on behalf of the
Commonwealth of Australia
as represented by
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COMMONWEALTH OF AUSTRALIA NORTHERN TERRITORY OF AUSTRALIA
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SIGNED for and on behalf of the Northern Territory of Australia as represented by
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COMMONWEALTH OF AUSTRALIA NORTHERN TERRITORY OF AUSTRALIA