[Kharon]

“Game on” I’d say.

(i) the adequacy of current legislation to enable the NSW EPA to respond to and regulate lands controlled and/or owned by a federal entity which would otherwise have the full jurisdiction of the NSW EPA if that same pollution event occurred on non-federally owned and controlled land; and

The Feds won’t like that – not one little bit.  State butting in to Federal business, on a ‘commonwealth place’.  No, no, NO, too used, for too long to getting their own way and doing exactly what pleases, when it pleases.  Oh dear, there’ll be a scramble now to ‘manage’ the ToR, watch the big hitters come out of the woodwork.  Can’t wait to watch.

EPA – “We reckon your development is polluted to the extent that it will affect public health, kill off the frogs and make the ducks glow in the dark”.  

Developer – “No it ain’t; anyway - sod off, this a Commonwealth place, we can do what we bloody well like, Murky said so”.  

EPA – “We want this place cleaned up and thanks to some the Senate sanity – when we find pollution the state EPA has full jurisdiction – now, here’s your paper work stop, those dozers, and shut up shop, we’ll tell you when and if you can come back”.  There will be clean up and restoration costs, compensation under State law, criminal charges, civil charges and of course, our own modest bill for this service, performed by public demand under a user pays system”.

Developer – “But, but we were assured, at the highest level that we were protected and could do whatever pleased us on a commonwealth place”.

EPA – … …cheery two finger wave.  “See ya in court – tootle pip”.