See Decisions 35 COM 7B.10 (2011), and 37 COM 7B.10. At the 37th Committee session 16–27 June 2013, the Committee recalled decision 36 COM 7B.8 and essentially deferred a decision on an in danger listing until 2014
BankesNigelDoelleMeinhardPortaLouie, ‘Using Strategic Environmental Assessments to Guide Oil and Gas Exploration Decisions in the Beaufort Sea’ (2012) 39Canadian Institute of Resources Law Occasional Paper1.
8.
‘New Environmental Controls for Coal Seam Gas Projects', The Australian (Sydney), 12 March 2013
9.
ABC‘Coal Seam Gas Report Raises Environmental Concerns'’, 1 April 2013
10.
TetlowMonica FundingslandHanuschMarie, ‘Strategic Environmental Assessment: The State of the Art’ (2012) 30Impact Assessment and Project Appraisal15.
11.
EPBC Act, s 148.
12.
Not all stakeholders are happy with the fisheries assessments; see Senate Standing Committees on Environment & Communications, Operation of the Environment Protection and Biodiversity Conservation Act 1999: First Report (2009) (‘Senate Report’), para 3.52.
13.
EPBC Act, s 146.
14.
AsheJohnMarsdenSimon, ‘SEA in Australia’, in Sadler (eds) Handbook of Strategic Environmental Assessment (Earthscan, 2011) 21.
While Recommendation 4.2 of the Government Response calls for ‘accreditation of State and Territory processes where they meet appropriate standards’, it is unlikely this is a reference to SEA as well as EIA, despite Recommendation 4.1 which precedes it calling for ‘greater use of strategic assessments’.
32.
HawkeAllan, Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (2009) (‘Hawke Report’).
33.
Aust Govt, Draft Framework of Standards for Accreditation of Environmental Approvals under the Environment Protection and Biodiversity Conservation Act 1999 (2012).
34.
MarsdenSimonAsheJohn, Strategic Environmental Assessment Legislation in Australian States and Territories (2006) 13Australasian Journal of Environmental Management205.
35.
EPBC Act Part 10, Division 1.
36.
See Australian Constitution and COAG, Heads of Agreement on Commonwealth/State Roles and Responsibilities f or the Environment (1997).
37.
See Aust Govt, A Guide to Undertaking Strategic Assessments: Environment Protection and Biodiversity Conservation Act 1999 (2012).
38.
See EPBC Act, Parts 7, 8, 9 and 11.
39.
Hawke Report, above n 32, 78–79. Submissions commented on strategic assessments also emphasised the need for ‘robust and strict criteria’, raised concerns about Ministerial discretion, conditions and their enforcement; see 86–88.
40.
Senate Report, para 3.5.3.
41.
See n 8 above.
42.
See GoddenLeePeelJacqueline, Environmental Law: Scientific, Policy and Regulatory Dimensions (OUP, 2010) 77, 100.
43.
Govt Response, 19.
44.
Govt Response, 20. See also 80, 82 and 83, which agrees in part to Recommendations 44 and 45 measures to increase public participation and transparency.
45.
Govt Response, 20, recommend – including reference Hawke recommendation.
46.
Robert B Gibson, ‘In Full Retreat: The Canadian Government's New Environmental Assessment Law Undoes Decades of Progress’ (2012) 3Impact Assessment and Project Appraisal179.
47.
See Hawke Report, above n 39, 164 and reference therein; and Ashe & Marsden, above n 14, 25 and 29 for reasons for discontinuance.
48.
Donald Stewart & Greg McColl, ‘The Resource Assessment Commission’ (1994) 1Australasian Journal of Environmental Management12
