Should the Commonwealth proceed with finalising this Standard through the current process, significant amendments are required to make it workable and fit-for-purpose for agriculture.
In summary:
- The relationship between the Objective, Outcomes, and Principles continues to remain unclear, consistent with concerns raised by NFF throughout the development process underpinning Standards;
- The Standard must clearly distinguish between farmers as affected persons and farmers as proponents. Where farmers and regional communities are affected by major projects, engagement must provide a meaningful opportunity to understand and respond to potential impacts. Where farmers are proponents of localised, small-scale agricultural proposals with limited and well-understood impacts, engagement requirements must be proportionate, practical, and not equivalent to those expected of major greenfield developments or mining projects;
- Proportionality and materiality be expressly reflected in the draft Legislative Instrument rather than relying primarily on terms such as “reasonable” and “appropriate” and/or on future supporting guidance;
- The proposed 10-business-day period should be treated as a minimum requirement only, rather than a period that will be reasonable in every circumstance;
- Equivalent engagement undertaken through another Commonwealth, State, or Territory process should be recognised where it provides affected persons with a meaningful opportunity to participate and meets the relevant information and procedural requirements;
- The privacy and consent provisions are supported by clear requirements for participants to be informed about the collection, use, disclosure, and retention of their personal information, together with their relevant rights under the Privacy Act 1988 and the Australian Privacy Principles. This includes clarity regarding the custodianship and information-management arrangements once engagement information is transferred away from the proponent or is used for another authorised purpose; and
- Further clarification is required regarding Outcome C, which provides that inclusive and respectful engagement builds confidence, trust, and accountability in decisions made under the Act.
The NFF’s full submission can be found here.