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Endangered Listing

19 December 2022 –

Hello Koala Lovers,

Australia is just about to shut down for the holidays and all the team here at AKF will be on holidays until 3rd January 2023.

The main office is being painted while we are away and we are all excited to have a freshen up for the new year. We have been in our building since 1989 and it needed painting then.

Over the last few days we have had a lot of emails from groups and legal professionals who have been looking at the consequences (or not) of the Endangered listing earlier this year.

Did it make a difference?

So here it is in legal speak.


How uplisting affects the EPBC Act assessment process

Section 158A(4)(a)

(4) After the listing event occurs, the listing event is to be disregarded: 

(a) in making any further approval process decision in relation to the relevant action; and 

(b) in doing anything under this Chapter, in relation to the relevant action, because of the making of an approval process decision in relation to the relevant action (whether that approval process decision is or was made before or after the listing event occurred).

Further information:

EPBC Act ‘listing event’

EPBC Act Policy Statement about uplisting (see page 4)


ddstackSo it means that the Endangered species listing does not apply to any projects that were in place prior to that listing and some of those applications could have been years and years ago. So, I imagine trees will continue to go down for many years.

This advice has meant that I am sending the Koala Protection Act back for review. We need to be absolutely sure that this document is powerful enough to extinguish existing approvals and if that is not possible, to ensure we put more and more arguments forward to the current Minister for it to be passed immediately.

Those of you wanting to attend the Warialda workshop will learn more about why the AKF believes the Koala needs the Koala Protection Act. We are hoping too that the delegates will want AKF to send a strong message to the Minister that her system is not working.

May the spirit of Christmas be with you all and that we can ask for peace for the Koala and friends in the bush – it is time.

Regards

Deborah

 

 

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