We strongly welcome the introduction of National Environmental Standards into the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Done well, National Environmental Standards have the potential to deliver strong protections for nature while addressing community concerns and supporting rapid approvals of high quality renewable energy developments.

However, the current draft National Environmental Standard for Matters of National Environmental Significance (MNES Standard) fails to do this. 

In our previous submission, we expressed concern that the previous draft MNES Standard would not deliver a standard of decision making that reflects community expectations for the conservation and enhancement of protected matters under the EPBC Act. In our view, the updated draft of the MNES Standard further undermines the ability for the Standard to deliver adequate environmental protection.

Changes are needed to ensure that the final MNES Standard delivers decisions under the EPBC Act that result in better environmental outcomes, not simply providing a tick-a-box exercise to achieve approval. In particular, the new provisions that allow actions to satisfy the MNES Standard if they meet only the Principles in the Standard (as opposed to the Outcomes and Objectives) fail the fundamental requirement of moving decisions under the EPBC Act away from being about process, to being about delivering environmental outcomes.

While we welcome the strengthening of language that has been made in some provisions, other changes significantly reduce the potential effectiveness of the Standard. Further strengthening is required to ensure that the MNES Standard can contribute to meeting community expectations for the conservation and enhancement of protected matters for all actions, including those associated with renewable energy.

Read more in our full submission.