Independent Review of the 2013 EPBC Act amendment - Water Trigger

Independent Review of the water trigger legislation released

The Independent Review of the water trigger legislation was tabled in Parliament by Minister Josh Frydenberg on 19 June 2017.

The Post Implementation Review, prepared by the Department of the Environment and Energy is attached to the Independent Review as Appendix 3.

• Independent Review of the Water Trigger Legislation, and Post Implementation Review

An Australian Government Response to the Independent Review is expected to be released shortly and will be available from this web page.

Overview

The EPBC Amendment Act 2013 was passed by the Australian Parliament on 19 June 2013 and came into effect on 22 June 2013. The amendment added the protection of water resources from coal seam gas and large coal mining developments as an additional matter of national environmental significance under the EPBC Act. This amendment is known as the ‘water trigger’.

The amendment was introduced due to community concern and came into effect on 22 June 2013.

Under the amended EPBC Act, an action that involves a coal seam gas development or a large coal mining development now requires approval from the Australian Government Minister for the Environment (the Minister) if the action has, will have, or is likely to have a significant impact on a water resource.

The ‘water trigger’ has not changed the process for seeking and taking account of advice from the IESC which had already been established under the National Partnership Agreement and subsequently under the IESC’s enabling legislation. The legislation establishing the IESC preceded and is independent of the ‘water trigger’.

Why was the water trigger legislation reviewed?

Section 25 of the EPBC Amendment Act that established the water trigger requires an independent review of the operation of this legislation.

The independent review will also serve as the post-implementation review, a requirement of the Australian Government Office of Best Practice Regulation OBPR when legislation is introduced without an accompanying Regulation Impact Statement, as was the case for the water trigger.

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Issues paper

Public submissions