Stated purpose:
The purpose of this private senator’s bill is to protect the environment of the Northern Territory. The bill proposes the promotion of ecologically sustainable development in the Territory so that the wellbeing of the people is maintained and improved without adverse impacts on the environment. Currently, the Territory’s existing Environmental Assessment Act 1982 only requires environmental matters to be ‘examined and accounted for’ in relation to development actions. As such, the bill proposes to move away from this discretionary requirement and seeks to promote certainty and consistency in decision making by significantly modifying and improving the Territory’s environmental impact assessment and approval system.
Native title implications:
The Bill proposes to improve the recognition of Aboriginal people as stewards of their country as conferred under their traditions and recognised in law, and the importance of participation by Aboriginal people and communities in environmental decision-making. This will be done by requiring proponents generating an environmental impact assessment to consult with affected Indigenous communities, and addressing the Indigenous values, rights and interests in relation to the areas that may be impacted.
The bill also proposes that environmental officers will be allowed to enter Aboriginal land in order to exercise their powers and functions without a requirement to hold a permit issues under the Aboriginal Land Act 1978.
For further information see the Explanatory Memorandum and the Second Reading Speech.
Relevant provisions:
3 Objects
(e) to recognise the role that Aboriginal people have as stewards of their country as conferred under their traditions and recognised in law, and the importance of participation by Aboriginal people and communities in environmental decision-making processes.
43 General duty of proponents
A proponent of an action has the following general duties under an environmental impact assessment process:
…
b) to consult with affected communities, including Aboriginal communities, in a culturally appropriate manner;
…
d) to address Aboriginal values and the rights and interests of Aboriginal communities in relation to areas that may be impacted by the proposed action;
165 Entry on Aboriginal land
The power of an environmental officer to enter land or premises may be exercised under this Act, despite:
the land or premises being Aboriginal land; and
the officer not holding a permit under the Aboriginal Land Act 1978 to enter or remain on Aboriginal land.
334 Regulations amended
This Division amends the Northern Territory Aboriginal Sacred Sites Regulations 2004.
335 Schedule 1 amended (Guidelines for classifying applications)
Schedule 1, clause 2(2.2)(a)
omit, insert
(a) requires an environmental impact assessment under the Environment Protection Act 2019; or