Environment Protection (Objects of Act and Board Attributes) Amendment Bill – Second Reading speech

Thursday 1 June 2023 

S.E. ANDREWS (Gibson) (16:40): I rise to support this bill because I will always advocate for the environment, and the people of Gibson feel the effects of climate change every day. I recently reflected in this place that I can feel the heat map change as I doorknock across the suburbs of Gibson due to the increased built environment and urban infill and the loss of our beautiful trees and open space. 

My community raise their concerns with me about infill development, loss of trees, loss of habitat for native wildlife and loss of open space, so I am pleased to see these amendments to the Environment Protection Act. Environment protection authorities and governments across Australia are being challenged as to whether they are taking the best action they can regarding climate change adaptation and climate change mitigation. 

We are lucky in South Australia to have the Malinauskas Labor government that is committed to stronger action on both climate change adaptation and climate change mitigation. I would like to acknowledge our climate, environment and water minister, the member for Port Adelaide, who is so committed to our environment and ensuring a better future for our children and grandchildren. Dr Close knows that we are undeniably facing a climate emergency that has the potential to have catastrophic effects across our planet. 

As humans, it is our activities that are having this effect on the planet, and it is our responsibility to act to halt climate change and undo any damage already done as much as possible. Currently, the Environment Protection Act does not specifically mention climate change. However, the objects of the act are sufficiently broad to permit consideration of adaptation to climate change and reduction of greenhouse gas emissions by the Environment Protection Authority when assessing development referrals and applications for environmental authorisations. 

The design, location and operational controls that reduce greenhouse gas emissions reduce exposure to climate-related changes, and increased resilience to such changes will become increasingly important. Therefore, this government believes that the objects of the Environment Protection Act should be clarified to add climate change knowledge to the attributes of the membership of the board of the EPA. The board cannot be expected to give due consideration to climate change adaptation and mitigation if it does not have the relevant expertise amongst its membership. 

These amendments will provide certainty and transparency for industry and within the broader community and government itself of the role of the Environment Protection Authority in this critical area of environment protection. The objects of the act are very important, as they underpin all the functions of the Environment Protection Authority. It is therefore critical that the objects reflect community expectations and the role of the EPA in modern South Australia. 

The EPA must have regard to them and seek to further them when considering applications for environmental authorisations under the act and when considering development applications that are referred to it under the Planning, Development and Infrastructure Act 2016. This is where it will be critical for the authority to examine issues raised by my community members to ensure that new developments mitigate their climate change impact to be environmentally sensitive. 

The objects of the act also inform the environment protection policymaking powers in part 5 of the act, in that an environment protection policy may be made for any purpose directed towards securing the objects of this act. The proposed amendments will also support future development of an environment protection policy under the act that will provide more detailed climate change policy. 

An environment protection policy would be able to specifically set out matters that are to be taken into account by the EPA in relation to environmental authorisation applications or development application assessments. The development of a climate change focused environment protection policy will provide clarity, transparency and consistency of regulatory approach for licensees and development proponents, and will also provide a pathway to assist reaching the state's ambitious climate change targets. 

The EPA has consulted thoroughly with key stakeholders on the elements of this bill and the future work the agency intends to do regarding strengthening its role in regulating climate change matters, and the vast majority of those who were consulted were supportive. 

I am proud to be part of a Labor government that is committed to a future that values our natural environment, and this bill is part of that process. We are listening to the scientists, the experts and our community to ensure South Australia's future. While those opposite focus on themselves, we are focused on the future. I commend this bill to the house.