Maugean Skate Case
Today in Parliament, Labor is expected to table a Bill that, if passed, will limit the power of the Fed Env Min (Minister) to reconsider proposals determined at the referral stage to be not controlled actions (NCA). Proposals determined to be NCA at the initial referral stage do not need assessment and approval before they can proceed.
In May 2012, three companies proposed an expansion of salmon farming in Macquarie Harbour (EPBC 2012/6406). In Oct 2012, the then Minister Tony Burke determined that proposal to be a particular form of NCA (provided the action was done in a ‘particular manner’ it was NCA – decision).
In mid-2023, with impacts on the Maugean Skate from the expansion of salmon farming greater than expected, three NGOs (each acting separately) sought a reconsideration of the NCA decision. In Oct 2023, the NGOs’ requests were determined to be valid and the public was invited to comment; however, as at today’s date, Minister Plibersek has not made a decision on the NGOs’ requests.
In 2024, Tas Liberal Senator Richard Colbeck introduced a Bill to limit the capacity of any future Minister to review any decision that any proposal is NCA. A short Senate Inquiry was conducted into that Bill, chaired by the Labor Party. The Inquiry Report shows support for the Bill was expressed by salmon farmers and from forestry, energy and airport infrastructure sectors; however, the Report recommended that the Bill not be passed. The Report echoed the submission of the Council (see para 1.37), i.e., that the EPBC Act “contains appropriate safeguards to limit the ability of a person to request the reconsideration of a decision” (para 1.51).
It is widely expected the Bill to be tabled today will propose the same or a very similar measures to those proposed by Sen Colbeck, measures that will limit the power of any Minister to reconsider any proposal found to be NCA.
You can ‘speak up to save the skate here (ACF) or here (AMCS)
Canberra Grassland Earless Dragon Case
The case of the Northern Road at Canberra Airport has one similarity to the Maugean Skate Case; Minister Plibersek has not made a decision. In all other respects, the case involving the Canberra Grassland Earless Dragon is different because the referral submitted by Canberra Airport Pty Ltd (CAG) was determined to be a controlled action, and the proposal has been assessed and approved.
While approved, in Sept 2022 when Friends of Grasslands requested that the Minister agree to consider new evidence, the road had not been built. In Oct 2023, the Minister’s Department conducted a review of the case; however, no decision has been made following that review.
CAG’s proposal for the Northern Road was first approved in Nov 2009 (EPBC 2009/4748). That approval said (at condition 5) that the Northern Road could be built and operated provided an expert first assessed the impact and prepared a strategy that would ensure the action would not increase the risk of extinction for the population of dragons living on and adjacent to Canberra Airport. In May 2020, by formal variation a delegate of the previous Minister Sussan Ley removed the need for the expert’s advice to be peer-reviewed, and approved CAG’s draft strategy for a road bisecting habitat critical to the population despite the fact the strategy does not protect the species from extinction and was not fit for purpose.
By 2019, scientific understanding of earless dragon species generally had improved. The population at Canberra Airport was by May 2020 known to be one of three in a species that is genetically distinct, extremely rare and even more threatened than previously thought. In Nov 2022, the Minister prioritised Canberra Grassland Earless Dragons in the fight against species extinctions. In 2023, the Minister listed the newly-recognised species as threatened under the EPBC Act, at the level critically endangered.
Construction of the Northern Road commenced in Feb 2025; yet, Friends of Grasslands are still being advised the Minister has not yet made a decision whether to revoke or suspend or otherwise vary the approval.
Until the Caretaker Period begins, the Minister has the power to intervene to stop this road. This will prevent damage in the most sensitive area, an area CAG is yet to bulldoze. Intervening now would also prevent the inevitable collisions and mortality that will ensue if vehicles begin driving at speed along this wholly unnecessary Northern Road.
The Australian Greens are holding a Save the Earless Dragons Rally on the lawns in front of the public entrance to Parliament House on Thursday 27 March at 12:30-1:30pm. Whatever your political views, please publicise and/or attend this rally if you can!