Attorney General George Brandis announced last week the government plans to repeal a key provision that allows the public to legally challenge environmentally damaging projects.

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the federal governments significant piece of environmental legislation.  The bill introduced will repeal Section 487 of the Act, which gives extended standing for judicial review to an individual or groups right to challenge an approval on the basis they are either affected by it or have had a two year history of social interest in the outcome prior to the decision challenged.

Opponents of the bill say this will be a big step backwards making legal clarity and environmental protection more confusing as well as placing burden on the courts. By removing Section 487 or any part thereof from the EPBC Act will preclude it from performing its function as a “watchdog”.

While conflicting advice is being released by the government about which part of Section 487 is to be repealed, it has been subsequently announced it will be Section 487(2) of the Act.  

With the long history of the EPBCA, which was introduced to improve environmental laws dating back to the 1970s, and until the passing of Section 487, environmental decisions of the Commonwealth were generally non-justiciable under ancient common law rules to which the Attorney-General seeks to return.

A strong dedicated statement from WWF-Australia’s Richard Leck aims to mobilise the WWF membership to actively sign a petition in an tempt to bring this bill to a halt.  Mr Leck urged members in the statement saying “we can stop this, we have a plan but we have to move quickly. WWF-Australia is asking all concerned Australians to sign the petition.

Newsport are waiting for from comments from Douglas Shire Mayor Mayor Julia Leu, MP Billy Gordon  Member for Cook and MP Warren Entsch Federal Member for Leichhardt to find out what impact of this amendment bill will have on our region.