The Albanese government in Australia is nearing a deal with the Coalition on new environment laws. Environment Minister Murray Watt is set to unveil fresh legislation in November. There’s a pressing need to address Australia’s climate and nature crises. Will this legislation be effective, or will it fall short again, as former Treasury Secretary Ken Henry put it, continuing a legacy of neglect?
The proposed laws are critical because Australia’s main environmental law, the Environment Protection and Biodiversity Conservation Act (EPBC Act), is over 25 years old and has been criticized as outdated and confusing. A revision is essential, especially since two recent reviews from 2009 and 2020 found it to be ineffective.
In the 2022 election, the Albanese government committed to reforming these laws but faced challenges, including a lack of parliamentary support. Many fear that without substantial changes, the new laws won’t adequately protect Australia’s fragile environment, especially with pressure from various groups, including the mining sector and environmental advocates.
The Need for Standards and a Strong Watchdog
For these new laws to work, Australia should establish clear National Environmental Standards. These legally binding rules would enhance environmental protection, particularly for critical habitats. A well-resourced and independent Environment Protection Agency (EPA) is also vital. The EPA should assess project proposals to ensure they meet environmental standards. However, the Coalition argues against creating a separate EPA, preferring that approval powers remain with the Minister, which could undermine public trust.
Protecting Habitats
New laws should clearly define what constitutes unacceptable impacts on the environment. They should prevent the destruction of critical habitats for endangered species. Additionally, areas designated as “no-go zones” must be established, guiding future development decisions.
Addressing Climate Change
Currently, the EPBC Act does not require consideration of climate change impacts on new projects. Attempts to introduce a “climate trigger” have repeatedly failed. Instead, Watt suggests using the existing Safeguard Mechanism to control emissions, though this only applies to direct emissions and not to fossil fuel exports, of which Australia is a major player. It is crucial that any reforms consider the impacts of climate change in environmental decision-making.
Inclusion of Indigenous Voices
Meaningful Indigenous engagement in environmental decisions is essential. A proposed Commissioner for Country could help ensure that these voices are heard consistently.
Ending Logging Loopholes
It’s important to eliminate exemptions like regional forestry agreements that allow logging in protected areas. Recent decisions in Victoria and Western Australia to end native forestry demonstrate a shift towards stricter protections that need to be reflected nationally.
Clear Conservation Goals
If the government is serious about preventing extinction, clear targets for protecting endangered species must be established. Significant funding will be necessary to improve conservation efforts, particularly in light of the findings from the 2021 State of Environment Report.
A Global Leader in Conservation
Australia has a unique biodiversity that attracts international attention. To maintain its reputation as a conservation leader, strong environmental laws must be developed. As Australia prepares to host the UN climate summit in 2026, the world will be watching our commitment to environmental stewardship.
The reforms to Australia’s environmental laws present a crucial opportunity for positive change, but they require genuine commitment to protect our natural heritage. Only time will tell if these promising discussions will translate into effective legislation. For more information and insights, consider exploring the original article on The Conversation.
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