Attachment A – summary of the positive, negative and missing elements of proposed national environmental law reforms Positive elements of the proposed reforms Description Positive if…But could be undermined by….

Identification of • There is mandatory consideration of whether critical • A lack of information/data on the protection needs of an critical protection protection areas are likely to exist at the time of listing entity areas for threatened or transitioning an entity to a recovery strategy AND • The restrictive definition of a critical protection area (i.e., species and • A mandatory requirement to. [...] • Lack of adequate funding for data collection, analysis and reporting • Antiquated data storage systems Environment • The EPA is genuinely independent with clear • The proposal to give the Minister for the Environment both Protection Australia separation of politic and regulatory roles and the power to be the primary decision maker regarding the responsibilities. [...] suitability of a person for appointment to the role of CEO of • The EPA includes a skills-based governance board with the EPA and the power to provide a statement of responsibility for appointing a CEO expectations/intent to the appointed CEO. [...] strategic assessments, regional planning) • The Samuel Review and the State of the • Including cumulative impacts in the lists of decision-making Environment 2021 both recognise the failure of criteria for both the EPA and the Minister, including the lists of the EPBC Act to address cumulative impacts. [...] Lack of meaningful • Climate change poses a significant threat to the • Introducing specific provisions requiring the consideration of provisions to address viability and persistence of MNES and is one of the climate change impacts (both cumulative and directly related climate change greatest threats to our environment more to a projects emissions footprint) as a part of all levels of broadly.