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Case study 4.4: EIA process under the EPBC Act (p. 175)
Legal:
For an introduction to the EPBC Act, see the Department of Environment, Heritage and the Arts website, with a section devoted to the Act: http://www.environment.gov.au/epbc/index.html.
For more detailed analysis of the EPBC Act, see Lee Godden and Jacqueline Peel, ‘The EPBC Act 1999 (Cth): The Dark Sides of Virtue’ (2007) 31 Melbourne University Law Review 106; Andrew MacIntosh, ‘The Environment Protection and Biodiversity Conservation Act 1999 (Cth): An Evaluation of its Cost-Effectiveness’ (2009) 26(5) Environmental and Planning Law Journal 337.
For other cases considering referral under the EPBC Act, see Your Water Your Say Inc v Minister for the Environment, Heritage and the Arts [2008] FCA 670, and Blue Wedges v Minister for the Environment, Heritage and the Arts (2008) 165 FCR 211, each of which argued that differences between the project as referred and as conducted constituted a breach of the EPBC Act (albeit not the same way as in Scoresby Freeway).
Policy:
For information on the review of the EPBC Act, recently conducted by the Department of Environment, Heritage and the Arts at the behest of the Minister, see the Department’s website: http://www.environment.gov.au/epbc/review/index.html. See also the separate 2008/2009 enquiry by the Senate Standing Committee on environment, communications and the Arts into the operation of the Environment Protection and Biodiversity Conservation Act 1999:
http://www.aph.gov.au/Senate/Committee/eca_ctte/epbc_act/
For environmental information on the Scoresby Freeway, see the Environmental Improvement Plan, available from the EPA Victoria website: www.epa.vic.gov.au.
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