Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Bill 2017 (Cth)

Monday 15 January 2018 @ 10.01 a.m. | Legal Research

 The Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Bill 2017 (Cth) ("the Bill") was introduced into the Australian Senate on the 6th of December 2017. The Bill proposes to further the Australian Government’s commitment to protecting the Great Barrier Reef.

Senator McGrath, Assistant Minister to the Prime Minister, stated in his second reading speech to the Bill:

“The Bill amends the Great Barrier Reef Marine Park Act 1975 to implement a new governance model for the Great Barrier Reef Marine Park Authority. The amendments will strengthen the strategic capability and capacity of the Authority to respond to challenges facing the Marine Park.

The Authority plays a crucial role in protecting the iconic Great Barrier Reef, a World Heritage site, now and for future generations. It was established through the Act to set up and manage the Marine Park, provide advice to the Government, conduct research and provide educational, advisory and information services.

The rapidly changing ecology of the Reef drives the need to transition the focus of Marine Park management from conservation and sustainable use, to actively fostering resilience and assisting the Reef to adapt and recover. Leading and implementing this transition in Marine Park management will challenge the Authority's capacity to adapt, facilitate community debates and understanding, and coordinate management actions with other Reef related organisations.

The Australian Government remains firmly committed to protecting the Reef. Effective operation of the Authority is central to this commitment. The Reef 2050 Long-Term Sustainability Plan was established in 2015 as the centrepiece of Australia's efforts to build the resilience of the Reef. The Authority delivers key programs under the Reef 2050 plan such as the joint field management program and actions to control crown of thorns starfish.”

Review of Governance of the Great Barrier Reef Marine Park Authority

In March 2017, the Australian Government commissioned an independent review on the Great Barrier Reef Marine Park Authority (the Authority) to determine whether the current administration is still the best system for the health and protection of the Great Barrier Reef.

The review, released in July 2017, made a number of recommendations as to the governance of the Authority. Some recommendations were:

Recommendation 2: The Ministers responsible for the environment and science should issue joint Statements of Expectations for the Great Barrier Reef, for the Authority, Department of the Environment and Energy, Australian Institute of Marine Science, Bureau of Meteorology and CSIRO, including objectives, clarification of relative roles and responsibilities and coordination of activities.

Recommendation 6: The Chairperson, CEO or both must be able to present credibly on the ecology of the Reef and threats to management of the Marine Park in national and international fora.

Recommendation 7: The board should continue to reflect Indigenous, Reef tourism and Queensland Government expertise, and be composed of people of significant standing in their fields of expertise.

Recommendation 10: To ensure the board has access to skills and expertise commensurate with its functions, the board should comprise seven members, consisting of:

  • an independent part time Chairperson of integrity, national credibility and standing who would not be perceived as representing a Reef interest group
  • the CEO, and
  • five members including continuation of the Indigenous, Reef tourism and Queensland expertise and two members reflecting other skills, backgrounds, and geographic perspectives.

Recommendation 23: The board should regularly review and update the committee structures in place to support it with expertise and advice in relation to the major issues affecting the Marine Park.

Government Response

On 30 November 2017, the Government released its response to the Independent Review, accepting all of the 24 recommendations made by the review. The Honourable Josh Frydenberg, Minister for the Environment and Energy, said in the media release on 30 November 2017, that:

“The Coalition Government is committed to the preservation and management of the Great Barrier Reef – a commitment made all the more important by the recent challenges facing the Reef” [...]

“Our response to this Review will ensure that the Authority is best placed to continue its important work with reef users, business, research and government and non-government partners.”

“It builds on a strong record of Coalition Government support for the Great Barrier Reef Marine Park Authority, recently demonstrated by the commitment of $124 million of funding over 10 years.”

The Government response can be found in full here.

The Bill

The Bill was then developed and introduced into the Australian Senate on December 6 2017. The Bill purports to amend the Great Barrier Reef Marine Park Act 1975 (Cth) to implement the recommendations made by the Independent Review. The other Act proposed to be amended by the Bill is the Environment Protection and Biodiversity Conservation Act 1999 (Cth). An overview of the Bill can be found in the explanatory memorandum to the Bill:

“The Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Bill 2017 amends the Great Barrier Reef Marine Park Act 1975 (GBRMP Act) to change the size and structure of the Great Barrier Reef Marine Park Authority, and strengthen requirements for appointment and termination of members.

The Bill will separate the existing full-time Chairperson position into a part-time Chairperson and full-time Chief Executive Officer, and establish one additional part-time member position. The Bill will specify the general skills required of members, allow an individual to be appointed for a maximum of 10 consecutive years, provide for termination of a member by the Governor-General for underperformance, and reduce the potential for conflicts of interest in the conduct of the Authority’s functions.

Additionally the Bill will make minor technical amendments to clarify the relationship between the suite of legislation underpinning the functions of the Authority. The Bill includes application and transitional provisions with retrospective application to preserve the effect of actions previously taken under Marine Park legislation and confirm the validity of rights and liabilities of persons that have arisen under Marine Park legislation.“

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