Regulation Impact Statement Updates

Official website for publishing regulatory impact analysis information for regulatory decisions announced by the Australian Government, COAG and COAG Councils.

Water trigger legislation

Aust GovPost-implementation Reviews
1st September 2017

Post implementation review – Department of the Environment and Energy

On 1 March 2013, the then Prime Minister granted an exemption from Regulation Impact Statement (RIS) requirements due to exceptional circumstances in relation to options for amending the Environment Protection and Biodiversity Act 1999 to allow for the assessment of the impacts of coal seam gas and large coal mining developments on water resources (water trigger resources).

A post-implementation review (PIR) assessing the water trigger measures has been prepared by the Department of the Environment and Energy and has been assessed as compliant by the OBPR.

The PIR found that there are a range of ways in which the implementation of the water trigger has addressed duplication and improved administrative efficiency, although there are ways to improve administrative efficiency. Effectiveness of the water trigger could not be assessed until sufficient monitoring data has been collected, as data from current approved projects is too short term and the projects are environmentally and operationally diverse. The PIR proposes several actions to ensure an adaptive strategy can be applied to the ongoing implementation of the water trigger and to explore further opportunities to improve efficiency.

The PIR assessed the measures imposed an average annual regulatory cost of $46.8 million per annum on business. The OBPR agreed to this estimate.

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