Overview
Between June and November 2023, the Minister for the Environment and Water, the Hon Tanya Plibersek MP, received three requests to reconsider a 2012 referral decision governing marine farming in Macquarie Harbour (EPBC 2012/6406).
Under national environmental law the Minister is now required to reconsider whether the 2012 decision should remain, or be replaced with a new referral decision.
The department, on behalf of the Minister, consulted with the public and interested stakeholders about marine farming in Macquarie Harbour, and in particular the impacts on the endangered Maugean skate.
The public comment period ran from Monday 4 December 2023 to Friday 2 February 2024.
Background
On 3 October 2012, it was determined, under section 75(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that the proposed Marine Farming Expansion, Macquarie Harbour, Tasmania (EPBC 2012/6406) was not a controlled action if undertaken in a particular manner (the NCA-PM decision).
Between June and November 2023, the Minister for the Environment and Water received three requests to reconsider the decision under section 78A of the EPBC Act. The requests and supporting information are linked below, and were received from:
the Australia Institute on 8 June 2023 (with further information provided on 31 July)
Fitzgerald and Browne Lawyers on behalf of the Bob Brown Foundation Inc on 25 July 2023
the Environmental Defenders Office on behalf of the Australian Marine Conservation Society and Humane Society International Australia on 23 August 2023 (with further information provided on 20 November 2023).
The requests assert that substantial new information is available about impacts of the action to the endangered Maugean skate (Zearaja maugeana) and the Tasmanian Wilderness World Heritage Area. And that there has been a substantial change in circumstances that were not foreseen at the time of the first decision.
Public comment period
Members of the public were invited to provide their views on whether the original 2012 decision, that the marine farming expansion in Macquarie Harbour, Tasmania is Not a Controlled Action if undertaken in a Particular Manner (the NCA-PM decision), should be revoked and substituted with a new decision.
Reasons to reconsider the decision may be warranted by:
the availability of substantial new information about the impacts that the action has or will have, or is likely to have on a protected matter; OR
a substantial change in circumstance that was not foreseen at the time of the first decision and relates to the impacts of the action has or will have, or is likely to have on a protected matter; OR
the action is not being, or will not be, taken in the manner identified in the 2012 NCA-PM decision notice (attached).
The matter protected by a provision of Part 3 of the EPBC Act specified in the requests is the Maugean skate, a listed threatened species and ecological communities (sections 18 and 18A) and the Tasmania Wilderness World Heritage Area, which is a listed World Heritage property (sections 12 and 15A) and a listed National Heritage place (sections 15B and 15C).
Section 34 of the EPBC Act lists all of the matters protected by Part 3 and comments may also be provided in relation to any relevant additional protected matters.
Have your say
The Minister sought comments from the public from 4 December 2023 to 2 February 2024.
The public comment period is now closed.
Documents
Australia Institute - Request Letter (2) - Attachment A (PDF 3.4MB)
Australia Institute - Request Letter (2) - Attachment B (PDF 3.6MB)
Australia Institute - Request Letter (2) - Attachment C (PDF 5.6MB)
Australia Institute - Request Letter (2) - Attachment D (PDF 3.7MB)
Environmental Defenders Office - Request letter (1) (PDF 399KB)
Environmental Defenders Office - Request letter (2) (PDF 162KB)
What next?
The Minister is required to consider all the comments received through the stakeholder consultation process together with other information relevant to the reconsideration. The Minister must reconsider the 2012 decision and either:
confirm the original 2012 decision; or
revoke the decision and substitute it with a new decision
The department is currently considering all the relevant information, including the requests for reconsideration and over 2,500 submissions received during stakeholder consultation, and will provide advice to the Minister as soon as possible.
