Department of Climate Change, Energy, the Environment and Water
Internal Review Of LEX 82335 - Documents Regarding Part 4 Division 2A Of The EPBC Reforms.
Summary
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This cabinet brief proposes amendments to streamline environmental regulation of offshore petroleum and carbon capture and storage (CCS) activities. Currently, CCS projects undergo duplicative assessment under both the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) strategic assessment and Part 7 of the EPBC Act. The reforms would introduce a ministerial declaration mechanism allowing the Environment Minister to declare that actions approved under the Offshore Petroleum and Greenhouse Gas Storage Act do not require separate EPBC Act approval, eliminating redundant regulatory pathways. The proposal acknowledges existing strategic assessment provisions have limitations restricting regulatory improvement. The new declaration power would be subject to existing Part 9 approval tests and new environmental protections to ensure EPBC Act requirements are met. This represents a substantive shift in how offshore energy and storage projects are environmentally assessed, consolidating approval authority while potentially reducing public consultation requirements compared to remaking strategic assessments.
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