Memorandum of Understanding - WA
COMMONWEALTH OF AUSTRALIA WESTERN AUSTRALIA
MEMORANDUM OF
UNDERSTANDING
Between:
the Commonwealth of Australia
(Commonwealth)
and
Western Australia
Background
Context
A. Reaffirming the Intergovernmental Agreement on the Environment 1992 (IGA) and Council of Australian Governments’ Heads of Agreement on Commonwealth and State Roles and Responsibilities for the Environment 1997, the Parties are committed to working together across shared responsibilities to protect and conserve Australia’s environment.
B. Both the Commonwealth and Western Australia 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 the MoU is to set out the agreed arrangements that will be pursued by the Commonwealth and Western Australia to deliver a one stop shop for environmental approvals under the Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) and State legislation, 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 including matters of national environmental significance (NES);
b. Ensure a risk and outcomes focussed approach to meeting high environmental standards;
c. Promote the conservation and ecologically sustainable use of natural resources;
d. Ensure an efficient, timely and effective process for environmental assessment and approval of actions; and
e. Remove unnecessary duplication in the environmental assessment and approvals processes of the Commonwealth and Western Australia.
Roles
F. Consistent with the objects of the MoU, Western Australia will become responsible for assessing projects for the purposes 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 the 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. Western Australia represented by the Premier and the Western Australian Minister for Environment (Western Australia).
2. Standards
2.1.1 In developing an agreement to integrate Commonwealth and Western Australian environmental assessment and approval processes, the Parties agree that maintaining or improving upon environmental 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. Western Australia will consider or not act inconsistently with EPBC Act requirements, relevant EPBC Act statutory guidelines, plans and policies in its decision-making, in the same way the Commonwealth Minister is required to under the EPBC Act; and
b. The Commonwealth will consult with Western Australia before amending or adopting any such guidelines, plans and policies.
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 As soon as practicable in 2014, the Parties will conclude a comprehensive assessment bilateral agreement to accredit Western Australia to undertake a single assessment process for both Commonwealth and Western Australian purposes.
4.1.2 The Parties agree the goal is to lift the use of single accredited assessment processes to 100 per cent, where Western Australia undertakes comprehensive environmental assessments that meet the required standards.
4.1.3 When undertaking assessments as part of any accredited authorisation processes, Western Australia 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 within stipulated 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 Western Australia to undertake approvals under the EPBC Act, to be concluded by 18 September 2014. A priority will be having the approvals bilateral ‘agreed in principle’ by the end of April 2014, followed by the statutory consultation periods.
5.1.2 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 Western Australia, 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 to be made by Western Australia will comply with EPBC Act requirements to protect matters of NES, and that Western Australian decisionmakers will consider or not act inconsistently with any relevant EPBC statutory guidelines, plans and policies in making decisions under an accredited process in the same way that the Commonwealth Minister is required to by the EPBC Act;
d. Appropriate assurance arrangements 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 Western Australia as part of its state 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 agreement, Western Australia will continue to streamline its assessment and approval processes while maintaining environmental standards and outcomes. Western Australia will engage the Commonwealth 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 Western Australia has undertaken a comprehensive environmental assessment. In addition, the Commonwealth agrees to use the proposed conditions provided by Western Australia and, to the greatest extent possible, will avoid imposing additional conditions when making approval decisions under the EPBC Act;
d. The Commonwealth and Western Australia 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 Western Australia, the Parties agree to provide a single document that contains all the conditions of approval for that project imposed by both jurisdictions; and
f. The Parties agree to ensure that wherever conditions of approval are imposed, they are outcome-focused and strictly necessary to maintain environmental standards.
g. The Parties agree to consider embedding additional Commonwealth officers within the Western Australian Government to facilitate greater communication and information sharing.
6.1.3 The Parties agree to pursue active, joint project management for major projects while both Commonwealth and state assessment and approval responsibilities are involved.
7. Use of strategic assessments
7.1.1 The Parties agree to finalise the strategic assessment of the plan for the protection of matters of national environmental significance in the Perth and Peel regions under the EPBC Act.
7.1.2 The Parties agree to work towards the development of an agreed priority list for existing and potential future strategic assessments in Western Australia by June 2014.
7.1.3 The Parties agree to explore possible avenues that would allow Western Australia to be accredited to undertake strategic assessments and subsequently endorse policies, plans or programs and approve the taking of an action or class of actions as provided for by Part Ten of the EPBC Act.
8. Future cooperation
8.1.1 The relevant ministers agree to meet at least twice a year to monitor
progress under this MoU.
8.1.2 Both Parties will each identify senior officials responsible for leading negotiations to progress the intention of this MoU.
8.1.3 To support any accredited arrangement, the Parties will identify agreed areas of cooperation:
a. exchanging data and joint analysis of environmental conditions and trends; and
b. 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
8.1.4 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.
8.1.5 The Parties agree to make every endeavour to ensure that arrangements for future cooperation mentioned in this Item 8 are efficient and strictly limited to matters necessary for any accredited agreement meeting EPBC Act requirements.
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 WESTERN AUSTRALIA
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SIGNED for and on behalf of Western Australia as represented by
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COMMONWEALTH OF AUSTRALIA WESTERN AUSTRALIA