EPBC Act

Question

Senator CANAVAN: If we make changes to the EPBC Act, could we fall foul of this free trade agreement? Mr Mina: This simply references that, for the purposes of paragraph 1 of article 12.6, it shall only apply in relation to various Australian legislative instruments, including the EPBC Act. The way I read this is as a limiting provision to provide a narrowness of scope and definition for the application of the environmental impact provisions of the agreement. The way I read this-but, again, I'll have to defer to our chief trade lawyer, which is always a safe thing to do-is that one could make changes to the EPBC Act and not 'fall afoul', as you say. We'd have to go through it. Senator CANAVAN: Maybe you can take it on notice to confirm for me why that would be referenced. We've just gone through a whole reform process here. The other part of that annex refers to an EU regulation. On notice, what are the EU laws that are referred to in that? Can you tell me definitively whether or not the EU deforestation regulations are included in that? Mr Mina: Yes, we're happy to come back to you on that.