Nick Smith7 April, 2011
- Mr Speaker, I move that the Environmental
Protection Authority Bill be now read a
second time.
Mr Speaker, the establishment
of the Environmental Protection Authority
marks an exciting new era of environmental
management in our country.
New Zealand deserves
no less than a world class regulatory system
that reflects our environmental values in
conjunction with our economic interests.
We need to be smarter in developing ways
to grow our economy while lifting our environmental
management.
The Environmental Protection
Authority, which this Bill establishes,
does just that.
I’d like to acknowledge
the hard work of the Local Government and
Environment Committee in their scrutiny
and report on this Bill.
I’m pleased to note
the Committee has recommended that this
Bill be passed.
I want to signal now
that the Government will be supporting the
amendment the Committee has recommended
which improve the Bill.
This amendment transfers
the permitting and enforcement functions
under the Ozone Layer Protection Act and
the Imports and Exports (Restrictions) Act
currently administered by the Ministry for
Economic Development to the EPA.
These functions relate
to New Zealand’s international obligations
under a number of conventions and protocols
in protecting the ozone layer and the management
and trans-boundary transport of hazardous
wastes and chemicals.
It makes sense that
these functions should move to the EPA as
they align well with the Authority’s new
role in undertaking the functions of Hazardous
Substances and New Organisms Act.
I’d like to also thank
all of the submitters who took the time
to offer their analysis and opinion on the
Bill.
I’m pleased that out
of the 38 submissions received on the Bill,
a majority supported the establishment of
an EPA, albeit differing at times from the
Government on exactly what form and function
this new Authority should take.
Indeed, some submitters
wanted the EPA to undertake a number of
other environmental functions not provided
for in this Bill.
I would say to them,
as the Government has already demonstrated,
the building of the EPA is an iterative
process.
For example, we have
already had a transitional EPA in place
handling proposals of national significance,
while the Government considered what other
functions an expanded EPA should undertake.
And this is not the
end of the journey – the EPA that we are
establishing today has been designed to
be as flexible as possible to receive extra
functions and responsibilities.
For example, it has
been my widely stated intention that the
EPA should become responsible for the permitting
functions under the proposed Exclusive Economic
Zone legislation that I hope to bring before
the House later in the year.
So in future, the EPA
may look more like what some of these submitters
envisioned, but for today the Government
is confident that the functions and powers
we are bestowing on this new authority are
a good starting point.
And on the flip side
of my last point, I know some in the Committee
process expressed concern about the EPA’s
ability to adopt new functions, in particular
under whose authority this would occur.
I’m pleased that the
Committee has clarified this process in
that substantive new functions will only
able to be added to the EPA upon the scrutiny
and agreement of this House though legislation.
While it is the Government’s
intention for the EPA’s design to be remain
flexible enough to adopt new functions,
it was not our intention that the new Authority
should assume these by Ministerial fiat.
I’d like to take the
opportunity to also address the criticism
of some that the protection element of the
Environmental Protection Authority is not
explicit enough or that it is missing from
the purpose of the Act.
I find this accusation
perplexing - as all the pieces of legislation
that sit behind the EPA have the protection
of the environment at their core.
For example, the Hazardous
Substances and New Organisms legislation
the EPA will now be responsible for, has
as its purpose to protect the environment
and the health and safety of people.
The RMA’s purpose is
to promote the sustainable management of
natural and physical resources, - sustainable
defined in the Act as the use, development
and protection of natural and physical resources.
The Climate Change Response
Act’s purpose is to reduce dangerous levels
of climate changing greenhouse gas emissions
thus protecting people and the environment.
Also some allege the
EPA is running contrary to the protection
of the environment in its role in administering
consents for projects of national significance.
Yet, I would ask how
is expecting some of our smaller and less
resourced councils to decide on complex
nationally significant resource consents,
promoting greater environmental protection
than what the EPA can offer?
The EPA and the Board
of Inquiry process brings the technical
expertise needed to scrutinise and pass
judgement on the environmental impacts of
these proposals. This process ensures more
robust decision making which can only mean
better environmental outcomes for New Zealand.
And the requirement
that a decision must be reached in nine
months brings certainty to investment and
to those communities potentially impacted
by a project.
I contrast the 15-year-long
battle over the Wellington inner-city pass
and the 12-year- long fiasco over the Whangamata
Marina against the eight months it has taken
the EPA administered Board of Inquiry to
hear, consider and issue a decision on the
Tauhara geothermal project.
Mr Speaker, this Government’s
Bluegreen vision for New Zealand promotes
the effective management of resources, supported
by efficient environmental regulation.
This Bill does just
that, by establishing a new Environmental
Protection Authority as a one-stop-shop
for environmental regulatory functions –
consenting, monitoring and providing technical
advice.
The EPA will provide
the national leadership on the administration
of the environment that has been missing,
as well as greater Government direction.
This Bill is a balanced
environmental approach. It reinforces the
importance of scientific skills to environmental
regulation. It recognises the importance
of efficient environmental regulation to
our economy.
Mr Speaker, the creation
of the standalone EPA marks a major milestone
in the Government's environmental reforms.
I commend the Bill to the House.
