Senator WATERS: …..Am I clear in that you will attempt to retain Commonwealth land and water but will not attempt to retain jurisdiction over state-run projects?
Dr Bacon…… We are yet to have the detailed discussions with each state and territory
The hand over of EPBC nuclear approvals to states,Senate estimates committee 18 Nov 2013 | Scott Ludlam
“……...Senator WATERS: “…….Could you please explain to me: what is the intended effect of the alteration to the scope of the bilateral agreement as regards nuclear actions and Great Barrier Reef Marine Park waters and Commonwealth waters? What is the effective change? It is on page 7, particularly clause 12.3. ……..
on nukes, are there some carve-outs? I do not quite understand clause 12.4(c) about nuclear actions. Are you intending to impart all nuclear action that is currently regulated under the EPBC Act to Queensland? Or are you intending to retain some power over the assessment of nuclear actions? ……..
Senators Waters and Ludlam ask questions on hand over of environmental nuclear approvals to the States
Mr Barker: It does not give it to Queensland; it carves it out of the agreement.
Senator WATERS: It doesn’t?
Mr Barker: That is right.
Senator WATERS: So you are retaining the assessment of all aspects of nuclear actions that are currently regulated federally?
Mr Barker: No, that provision effectively prohibits those types of actions-a nuclear power plant, an enrichment plant or that type of thing-from being approved under the EPBC Act. There is no role for an assessment or approval of those types of activities. ….
Senator WATERS: So the Commonwealth will retain its full responsibility for the assessment and approval of any nuclear actions, be they prohibited or not by the terms of act-and the state cannot have any role in assessing or approving that? Is that correct?
Mr Barker: No. Maybe I am confusing things a little. I apologise. That provision relates to a subset of nuclear actions which cannot be approved under the EPBC Act. Uranium mining and other types of mining which involve radioactive products and decayed products of uranium, for example, can be assessed and approved under the EPBC Act.
Senator WATERS: By whom?
Mr Barker: Approved by the Commonwealth minister and assessed, under this agreement, by the state.
Senator WATERS: Thank you-that is what I was trying to get at. So this does give away the assessment of uranium mining to Queensland where previously it sat with the feds?
Mr Barker: Yes, it allows the state to undertake those assessments, subject to the agreement.
Senator LUDLAM: Would you not call that a substantive change? When you listed your two substantive matters, the fact that you would be delegating uranium assessment back to a state government-you did not list that as a matter you thought was worth drawing to our attention as substantive?
Dr Bacon: When I talked about the main substantive changes, one of them was to broaden the matters of national environmental significance which can be assessed under the Queensland assessment bilateral. When I mentioned ‘nuclear’, I had intended to include the nuclear matters which can be assessed by the Commonwealth. This assessment bilateral, once it is finalised by the state, does include uranium mining under the EPBC Act.
Senator LUDLAM: Is this seen as a model for future relations with other states, including WA, for example, where there are live assessment processes afoot?
Dr Bacon: The policy is to broaden, wherever we can, assessment bilateral agreements with states and territories-or, if there is no existing assessment bilateral agreement, to put one in place. With the example of WA, we would be looking at options for broadening their current assessment bilateral agreement.
Senator WATERS: On that second aspect of the change about the single set of conditions, is it yet known who will be enforcing those conditions? My sense from the agreement is that the intention is that the state will be implementing most of the conditions and the Commonwealth will be only tacking on what cannot be done by the state. Who will be responsible for the enforcement of this single set of conditions? Does that mean there will be no federal conditions and no more enforcement by the feds-or by the community to hold the feds to those conditions?
Mr Barker: I think this is a matter still to be discussed with the states-about exactly the shape in which that might be embedded between the Commonwealth and the state. It sort of depends on which jurisdiction is imposing the condition.
Senator WATERS: Yes, precisely. …..
Senator WATERS: There is currently Commonwealth jurisdiction over all matters of national environmental significance, so if that is your logic you would not hand off any of them. I do not want to verbal you. Am I clear in that you will attempt to retain Commonwealth land and water but will not attempt to retain jurisdiction over state-run projects?
Dr Bacon: In relation to other matters, we will be doing a very detailed analysis of the processes that each state and territory puts forward for accreditation. We are yet to have the detailed discussions with each state and territory about which processes we will be looking at in relation to the approvals bilateral agreements. It is probably premature to be able to say precisely which processes will be in scope for those agreements and in which state.
Senator WATERS: Has the minister instructed the department to maintain his earlier public statements about those areas being quarantined from a handoff of approval powers to the states, or has the minister not instructed the department to keep those areas?
Dr Bacon: I think I have already said that the policy position is to pursue as comprehensive an approach as possible and we are yet to have the detailed discussions about which particular processes we may be looking at for accreditation. ..
http://scott-ludlam.greensmps.org.au/content/estimates/hand-over-epbc-nuclear-approvals-states