Submission on the Environmental Protection Authority Bill

I support the creation of the Environmental Protection Authority (EPA). A technically skilled environmental agency focused on implementation at central government level is long overdue. I am especially pleased that the EPA is being established as a Crown entity since a measure of independence is appropriate for a regulatory body. However, I do have a major concern. This cannot be fully addressed now by amending the Bill, but should be kept in the forefront as the EPA evolves.

My concern is that despite the EPA being established as a Crown entity, its Board will have virtually no decision-making powers beyond those of the current Environmental Risk Management Authority (ERMA). Such an approach would make more sense if the EPA were to remain as a statutory unit within the Ministry for the Environment (MfE). However, the EPA is to be separate from MfE, and the risk is that without a significant role for the Board, the new agency will function as an advisory arm of MfE, rather than as an independent entity.

The relationships between a Minister, a Ministry, and a Crown entity should be rather different from this. The EPA is to be held accountable to the Minister for the Environment through its Board. While there will need to be a great deal of interaction with MfE, it must be made clear that the Board as the accountable body should have the power to control the exercise of its functions.