Inquiry into Nature Positive (Environment Protection Australia) Bill 2024 and

This would enhance the integrity and transparency of the EPA’s decision making and the CEO appointment; and would also broaden the range of skills and qualifications that could be brought to bear on the discharge of the functions currently contemplated for the CEO. [...] Recommendations • Amend the EPA Bill to establish a statutory, independent skills-based board to advise the CEO on the exercise of statutory functions, advise the Minister on the appointment of the CEO, determine when to pursue prosecutions, and determine the policies and long-term strategies of the EPA. [...] The EIA Head is responsible for providing the Minister, the CEO of the EPA, and the public with access to high quality information and data relating to the environment.28 This includes the development and implementation of a monitoring, evaluation and reporting framework on the extent to which Australia is achieving “nature positive”. [...] The Bill defines the EPA as comprising the CEO, its staff, and persons whose services are made available to the EPA.41 At the same time, the function of the EPA (which includes the CEO) is to assist the CEO in the performance of the CEO’s functions.42 This is a circular formulation that should be redrafted. [...] The underlying policy intent behind the Minister issuing a statement of expectations is to “to inform the CEO of government policy that is relevant to the powers and functions of EPA.”47 This objective can be strengthened by including in the text of the EPA Bill a set of principles that can guide the exercise of the CEO’s and EPA’s powers and functions.