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Environmental and Planning Law

Introduction to Environment Protection Act

The Northern Territory has entered the new era of environmental reforms. The new Environment Protection Act 2019 [1] which was passed in September 2019 assented to by the Administrator and gazetted on 15 April 2020. The environment Impact Assessment process has been given new shape under new environmental regulations. [2]The Environment Protection and Biodiversity Conservation Act 1999[3] (EPBC Act) is one of the important acts among Environment legislation. The EPBC Act aims to provide a streamlined national environmental assessment [4]and approvals process. The One-Stop-Shop policy aims to provide speedy and simplify the approvals process for Commercial undertakings in order to improve decision making powers and attract investment opportunities in Australia.

The essay will justify the comparison of the Environmental regulatory regime under The Environment Protection Act 2019 and The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The research enables us to find the true intent of the legislation. Whether the impact assessment and environmental approval framework have met the modern need of the Business Environment. Whether the Acts enables to create a sense of clarity and certainty in the time frames prescribed under the assessment procedure. Whether the New assessment regime enables to increase the transparency and accountability towards the Business organization.

Conclusion on Environment Protection Act

The Environment Impact Assessment plays a significant role in Protecting the Environment. Under the regime, the requirements for approval will be triggered if the proposed action or Strategic proposal has a significant impact on the environment. The research curtails the different assessment structure given under the Acts and better clarity to understand the complexities faced during the procedure.

Refrences for Environment Protection Act

Acts

  • Environment Protection Act 2019. Available at: https://legislation.nt.gov.au/en/LegislationPortal/Bills/~/link.aspx?_id=A5D0A06D56AC4592A925FC318B21BA54&_z=z
  • Environment Protection and Biodiversity Conservation Act 1999(EPBC Act). Available at: https://www.environment.gov.au/epbc
  • Environmental impact assessment guidance Environmental impact assessment and environmental approval in the Northern Territory. Available at: https://denr.nt.gov.au/__data/assets/pdf_file/0003/816906/g01-guide-nt-environment-impact-assessent-approval-process.pdf

Articles

  • Simmonds, JS, Reside, AE, Stone, Z, Walsh, JC, Ward, MS, Maron, M. Vulnerable species and ecosystems are falling through the cracks of environmental impact assessments. Conservation Letters. 2020; 13:e12694. https://doi.org/10.1111/conl.12694
  • Aryal, S., Maraseni, T., Qu, J. et al.Key steps in environmental impact assessment: a comparative study of China, Queensland State of Australia and Nepal. Environ Monit Assess 192, 139 (2020). https://doi.org/10.1007/s10661-020-8098-4

[1] Environment Protection Act 2019

[2] See Environmental impact assessment guidance Environmental impact assessment and environmental approval in the Northern Territory.

[3] Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

[4] PART 4--ENVIRONMENTAL IMPACT ASSESSMENT PROCESS of Environment Protection Act 2019

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