A new era for environmental protection is upon us, but will it be enough to save our precious ecosystems? Today marks a significant milestone as Labor and the Greens have finally reached an agreement to reform the federal Environment Protection and Biodiversity Conservation Act. After years of delays and broken promises, this deal aims to address the urgent need for change. But here's where it gets controversial: neither party is fully satisfied with the outcome.
The 25-year-old laws have been criticized for their ineffectiveness, as Australia's unique species and ecosystems face an existential threat. Threatened species populations are declining, and climate change accelerates this crisis. With this in mind, Labor and the Greens have negotiated a compromise, but it's far from perfect.
Labor's Initial Reform Proposal:
- National environmental standards to guide decision-making.
- A federal environmental protection agency.
- Bioregional planning to assess cumulative landscape damage.
While these proposals were generally positive, they also raised concerns:
- Ministerial discretion over applying standards to development applications.
- A broad "national interest" exemption to fast-track projects.
- Fast-tracking certain decisions.
- Allowing developers to pay into a "restoration fund" despite evidence of its ineffectiveness.
- Excluding native forest logging from Commonwealth oversight.
- Plans to devolve environmental decision-making to states, with Western Australia leading the way.
The original bill's language was vague, defining "unacceptable impacts" as those that "seriously impair" species viability. Industry feared this could halt projects.
Greens' Concessions:
- Better protection for native forests.
- Banning fast-tracking of new coal and gas projects.
- Reining in ministerial discretion.
The Greens claim their major win is removing the logging industry's exemption for native forests covered by Regional Forest Agreements. These agreements will now comply with federal environment laws within 18 months, a clear victory for the environment.
The Greens also made modest progress on climate, but fell short of their desired climate trigger. Instead, the bill will exclude coal and gas projects from fast-tracked approvals and prevent the minister from declaring them "national interest" projects.
A key change is the language around ministerial discretion. The original reforms gave the minister wide leeway, but the Greens' amendment requires decisions to be "consistent with" National Environmental Standards, a stricter legal test.
Liberal Wins:
Senator Jonathon Duniam's proposed changes to the definition of "unacceptable impacts" were supported. The definition has been narrowed, making it harder to reject projects based on potential impacts.
Will the New Legislation Make a Difference?
Australia's current environment laws are problematic, with administrative discretion and a high approval rate for projects. The revised bill incorporates some key elements from the Samuel Review, and the Greens' concessions reduce ministerial discretion.
However, much remains uncertain. The government has only drafted two environmental standards, and major questions around the interpretation of the new laws may require court proceedings. The controversial "pay to destroy" mechanism, allowing developers to pay into a restoration fund, remains a concern.
These reforms are just the beginning. To be successful, they must be coupled with significant public investment and rigorous enforcement. The true test will be our ability to conserve and recover Australia's unique wildlife and ecosystems.
