Hansard debates

                VICTORIAN ENVIRONMENTAL ASSESSMENT COUNCIL BILL
                                 Second reading

  Ms GARBUTT (Minister for Environment and Conservation) -- I move:
That this bill be now read a second time.
This bill to establish the  Victorian Environmental Assessment  Council, which I
will refer  to  as  VEAC,  fulfils a major policy commitment by this government.
VEAC replaces the Environment Conservation Council  and provides a new focus and
strengthened  capability to investigate and make recommendations  on  the  major
environmental management issues which we face as a community.

The Environment Conservation Council was established by the former government to
complete  two  important  investigations  undertaken  by the  Land  Conservation
Council.  The Environment Conservation  Council has completed the first of those
investigations into  Victoria's  marine,  coastal  and  estuarine  areas and its
report  is now being  considered by government.  Its  second investigation  into
box-ironbark forest and woodlands  is scheduled to  be completed by 31  December
2000.
The government thanks  the members of  the Environment Conservation Council  and
its staff for the important work they have undertaken and acknowledges the major
contribution of the Land Conservation Council over the preceding decades.
These investigations  and reports both by the Land Conservation  Council and the
Environment Conservation Council  are  highly  important  for the protection and
enjoyment of the state's natural heritage by all Victorians.

The  government strongly believes  that  the quality of  life of all  Victorians
depends on properly managing our environment and protecting our precious natural
and cultural heritage. Decisions  made by government should ensure that Victoria
is not  running  down its natural  assets and thereby building  an environmental
debt. The government has committed to building in the principles of ecologically
sustainable development to all government decision making.
The  government  is committed  to  the protection  of  our  biodiversity on  the
principle that Victoria's rich diversity  of species, habitats and ecosystems is
a legacy  held  in  trust  for  future  generations.  Given the plight of grassy
ecosystems across Victoria, the further  protection of these ecosystems is a key
priority that  the  government will have  VEAC  investigate. VEAC  will  also be
requested to undertake investigations  into  the protection of other ecosystems,
including the native forests in the Strzelecki Ranges.

VEAC,  which  will  replace  the  Environment   Conservation  Council,  will  be
considerably strengthened in a number of ways.
Its focus will be  on the ecologically sustainable management of the environment
and natural resources  of the state of Victoria. It will be able to examine such
issues across the state of Victoria.  Its investigations will not be confined to
Crown land.
It will  have  an expanded  core membership  and the  minister will  be able  to
appoint  additional members with skills and experience essential  to  particular
investigations.
It will  operate  in  a  highly  transparent  way with  additional  consultation
requirements, including the 

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establishment of a community reference group for each investigation.
I will now turn to the particulars of the bill.
Given  that  VEAC  will be able to investigate issues across Victoria, there has
not been a  need  to define public land,  as  was the case for  the  Environment
Conservation  Council  and  its predecessor the Land Conservation Council, which
were restricted to undertaking investigations on public land.
Clause  5  highlights  the  key  objective  of  VEAC,  which  will be to provide
independent and  strategic  advice to  the  government of  Victoria  on  matters
relating to  the  protection  and  ecologically  sustainable  management  of the
environment and natural resources of Victoria.

The  functions of VEAC as stated in clause 6 make it clear  that VEAC only has a
role in undertaking investigations that are requested by the minister.
VEAC has  general powers to  do  anything reasonably necessary  or convenient to
carry out its functions as set out in clause 7. While VEAC will be able to carry
out investigations across a range of land tenures, it will not have the specific
powers to  compel private individuals  or  companies to  provide  information or
access to property.
The membership of VEAC is set out in clause 8. It will consist of a core of five
members,  which are  collectively  to have skills,  knowledge and experience  in
environment protection  and conservation,  natural  resource  management,  local
government,  economics  and business  management,  rural  and  regional affairs,
issues  relating  to  indigenous  peoples,  social  and  community affairs,  and
community consultation and participation.

Advice  received from a broad  range of environment,  industry, local government
and union stakeholders  indicated that the  best  outcomes would be  achieved if
VEAC were skills based. The government has accepted this advice.
It is therefore important that  VEAC has  a broad range of skills in environment
management  and also strong  social and economic business  skills. This approach
delivers a  triple-bottom-line-focused council, which has the ability to equally
address environmental, social and economic aspects of its investigations.
For particular  investigations, an additional member or members may be appointed
to VEAC under subclause (4). This ensures that where there is an identified need
for  VEAC to have additional skills for a particular investigation, these can be
provided.

To ensure transparency  of the process for selecting members for  appointment to
VEAC  the intention is  to advertise widely  for  nominations to the  positions,
including those  of  the additional  members.  The Governor in  Council,  on the
recommendation of the minister,  will appoint members  and additional members to
VEAC.
VEAC will be able to  establish  committees  that it considers necessary for any
investigation, as  set  out  in  clause  12.  For example,  VEAC  may  establish
scientific or technical committees from which to seek specialised advice.
Importantly the government has recognised  the need for greater participation in
VEAC's investigations, with more direct input  to  council  deliberations  being
desirable. Clause 13 requires VEAC to  establish a community reference group for
each investigation.

The community  reference group will provide a formal mechanism through which key
stakeholder  groups  may  provide  advice  to  VEAC  with  respect  to  specific
recommendations.  This  will  be   in   addition  to  the  comprehensive  public
consultation  processes  that  VEAC  will  be  required to  undertake  for  each
investigation.  While the process  for appointment of  members  to the community
reference group will  be up to VEAC to determine, I would expect that VEAC would
advertise for nominations to the community reference group to ensure members are
selected in an open and transparent manner.
Part 3  of the act deals with  the conduct of investigations. Clauses  15 and 16
set  out the process by  which  the minister may request  VEAC  to carry out  an
investigation and by which the minister may amend or withdraw a request. It is a
requirement that  the minister inform  Parliament  of the request  or subsequent
amendment  or withdrawal by  laying  it in both  houses  of Parliament,  thereby
informing members of investigations that may be undertaken in their area.

The request,  amendment or withdrawal must  also be published in  the Government
Gazette and  on the  Internet. This  will help  to ensure  that  the  public  is
informed about investigations that may be of interest.
Not all  investigations, particularly  shorter investigations,  will necessarily
require three submission  periods of 60 days.  The minister will therefore  have
the ability to direct VEAC to vary the number of submission periods and also the
length of time required for submissions for any investigation.

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Recognising that  the  funding available to the Environment Conservation Council
was  reduced by the previous government compared to the resources made available
to the  previous  Land Conservation  Council,  this government made  an election
commitment to make  additional  resources available to  VEAC over the next  four
years. This commitment has been reflected in the  2000-01 budget statement. VEAC
will be accountable to the minister as to how those resources are to be spent in
relation to each investigation. VEAC will be required to  submit a business plan
to the  minister detailing the  proposed approach for the  investigation and the
resources to be committed.
The  principles  of  ecologically  sustainable  development are enshrined in the
purpose, objective and functions  of VEAC. These principles  were adopted by all
Australian  governments in 1992 through the national strategy  for  ecologically
sustainable development.

This further demonstrates the government's commitment to build the principles of
ecologically  sustainable development  into all government  decision making  and
ensure that a balanced view is taken.
It   is  important  that   consideration  is  given  to   the  need  to  protect
environmental,  cultural and  recreation  values  and the  need  to further  the
establishment of  a  truly  comprehensive, adequate and representative system of
parks and reserves across Victoria.
VEAC must also  take  into consideration the  implications of any  international
treaty that Australia  has ratified that  is  relevant to the  investigation  to
ensure  any advice given  is not contrary to  Australia's obligations under that
treaty.

Clause 19 requires VEAC to  liaise with departments and other public authorities
where they may be affected by  an  investigation and that those authorities must
give practicable assistance to VEAC in its investigations.
Clauses 20 to 23 set out the formal  process by which the public will have input
to any investigation and VEAC is to  report on the results of the investigation.
The government considers that full and open public consultation is  a key factor
in  decision making,  a  process which  the  former  Land  Conservation  Council
undertook very  well and which  had considerable public and  government support.
VEAC will however  be required to  undertake  a multistage consultation  process
providing three  formal  periods  for  public comment, each of at least 60 days.
VEAC is required  to provide public  notice  of an investigation,  including the
requirement  to  publish  in  newspapers  and  on  the  Internet.  Again,   this
demonstrates  the government's commitment to making  information transparent and
accessible to the public.

The final report of VEAC  is to  detail the  main proposals identified in public
submissions  on  that  investigation  and  provide  a  rationale  for  council's
consideration  of  those  proposals.  In keeping with the  general  requirements
throughout the legislation, the report  will be tabled in Parliament and be made
available on the Internet.
Clauses   24   and  25   commit   government  to  publicly   respond  to  VEAC's
recommendations in Parliament  and to then  ensure that appropriate  actions are
taken to implement recommendations to the extent that they have been accepted.
Part 4  of the bill covers the transition to the new  legislation. The effect of
any  recommendations made by  the Land Conservation Council  and the Environment
Conservation Council will be preserved.

Also, given that the Environment  Conservation Council Act 1997 does not require
the government  to formally respond to the recommendations of  that council, the
new legislation will require that the recommendations be treated as if they were
recommendations made by VEAC.
In  conclusion,  this  bill  is evidence of the government 's commitment  to  an
integrated  approach  to the consideration of environment and  natural  resource
management  issues  and  the enduring  importance  of  ecologically  sustainable
development. This is the triple bottom line.
I commend the bill to the house.
Debate adjourned on motion of Mr PERTON (Doncaster).
Debate adjourned until Thursday, 16 November.