An Environment Protection Authority (EPA) for Tasmania
The EPA will be an integral part of Tasmania's Resource Management and Planning System. Its jurisdiction will include environmental management and pollution control matters deriving from the Environmental Management and Pollution Control 1994. The EPA will comprise the Board of the EPA and the Director, EPA.
The EPA Board will have independent statutory powers under the Environmental Management and Pollution Control Act 1994. The Board's primary statutory function relates to the assessment of development applications for large industry in Tasmania. Other statutory functions include the assessment of Environmental Improvement Programs, Environmental Agreements and Environmental Audits under the Act. The Board may also advise the Minister on matters that may significantly affect the achievement of the objectives of the Act.
EPA Legislation
Legislation to establish an Environment Protection Authority (EPA) for Tasmania was introduced to Parliament on 13 November 2007. (Media Release 
(PDF: 82KB / 2 pages))
The legislation was passed by the House of Assembly on 20 November 2007 and by the Legislative Council on 22 November 2007. The Hansard Transcripts are are available at www.parliament.tas.gov.au.
Answers to frequently asked questions are available here: (PDF: 26KB / 2 pages).
The final model for the EPA results from public consultation through the paper ‘Establishing an Environment Protection Authority for Tasmania’ and on the submissions (PDF: 137KB / 11 pages) received.
The legislation builds on the strengths of the current regulatory system and the integrity of the Resource Management and Planning System in integrating planning and environmental decisions. The EPA will be governed by a Board with an independent chairperson and will exercise statutory powers at arms length from Government. With an independent chairperson, the EPA Board will be able to establish a clear identity and drive the Authority’s strategic direction.
The Environmental Management and Pollution Control Amendment (Environment Protection Authority) Bill 2007 provides for:
- the establishment of the Environment Protection Authority, with a Board and Director;
- the Authority to be part of the Resource Management and Planning System;
- the membership of the EPA Board, with an independent chairperson, deputy chairperson, two other independent members and the Director;
- the Board’s functions to be clearly focused on achieving the objectives of the Act and to provide the Board with the capacity to provide advice to the Minister on issues that may significantly affect the achievement of the objectives of the Act;
- a requirement for the Authority to prepare an annual report for tabling in Parliament;
- the repeal of ministerial powers to ‘call-in’ a decision that would have otherwise been made by the Board (Section 15 of the current Act);
- a requirement for the Minister to prepare a Statement of Expectation and the Board to prepare a Statement of Intent; and
- the authorisation of officers by the Director.
The Environmental Management and Pollution Control (Environment Protection Authority) (Consequential Amendments) Bill 2007 provides for consequential amendments to other Tasmanian legislation that refers to the Board of Environmental Management and Pollution Control or the Director of Environmental Management.
It is intended that the Environment Protection Authority will commence in Tasmania on 1 July 2008. The Environment Protection Authority will be supported by the Environment Division of the Department of Environment, Parks, Heritage and the Arts.
Copies of the Environmental Management and Pollution Control Amendment (Environment Protection Authority) Bill 2007 and the Environmental Management and Pollution Control (Environment Protection Authority) (Consequential Amendments) Bill 2007 are available at http://www.parliament.tas.gov.au/bills/Bills2007/BillsWeb2007.htm (under Annual/List of Bills) or by calling the Environment Division on 6233 4028 if you would prefer a hard copy.
