In a significant political development, the Australian Labor government has struck a deal with the Greens party to amend the country's cornerstone environmental legislation, the Environment Protection and Biodiversity Conservation (EPBC) Act. The agreement, announced by Environment Minister Murray Watt and Prime Minister Anthony Albanese, represents the most substantial overhaul of Australia's nature laws in decades.
A Rushed Political Process
The legislative changes were pushed through with unexpected speed this year, despite an ongoing committee inquiry into environmental law reform. Independent Senator David Pocock described the accelerated process as a farce, highlighting concerns about inadequate parliamentary scrutiny. The Greens reportedly agreed to the deal fearing that delaying negotiations could result in a weaker agreement between Labor and the Coalition next year.
The original EPBC Act, established in 1999 under John Howard's government, was fundamentally designed to facilitate development rather than prioritise environmental protection. Rather than starting fresh with new legislation, the Labor government opted to amend the existing framework, arguing this approach would benefit both environmental outcomes and business efficiency.
Key Environmental Improvements
The amended legislation introduces several significant environmental protections. The creation of a national Environment Protection Agency represents a major step forward, granting new powers for compliance enforcement and applying strengthened penalties for environmental damage.
Another crucial change involves the establishment of minimum national environment standards, against which all development applications must be assessed. While only two draft standards have been released to date, with more expected to follow, this framework promises greater consistency in environmental decision-making.
Perhaps the most substantial environmental victory comes from closing loopholes that previously exempted state-sanctioned native forest logging and agricultural land-clearing from national environmental laws. This change won't completely halt these activities but will subject them to greater scrutiny and legal challenges.
Fossil Fuels and Fast-Tracking Concerns
The negotiations yielded important limitations on fossil fuel projects, which cannot be fast-tracked in the same manner as renewable energy and housing developments. Additionally, Labor abandoned its proposal to grant states and territories decision-making power over large coal mining and unconventional gas projects affecting water resources, maintaining federal oversight of water-related impacts.
However, the legislation maintains controversial elements that concern environmental advocates. The continued reliance on biodiversity offset schemes raises red flags, given the documented failures of similar approaches in delivering promised environmental benefits. The government's proposed restoration contribution fund, which allows developers to pay for environmental damage, mirrors a model that failed spectacularly in New South Wales.
Non-fossil fuel developments, including renewable energy projects, can be fast-tracked with decisions promised within 30 days in some cases. While accelerating renewable energy rollout is crucial for climate goals, this compressed timeframe risks limiting community consultation and objection rights.
Unresolved Issues and Future Challenges
The amended laws maintain significant ministerial discretion, including authority to approve developments deemed in the national interest and powers that could limit legal challenges. Perhaps most notably, the legislation largely ignores climate change impacts, requiring developers to disclose emissions but not considering this information in approval decisions.
Prime Minister Albanese acknowledged the shifting nature of Australia's forestry industry, announcing a $300 million forestry growth fund to support the transition toward plantation timber, which already supplies nearly 90% of Australia's wood.
While environmental advocates celebrate hard-won victories after years of campaigning, the amended EPBC Act represents a repair job rather than the comprehensive rethink many scientists argue is necessary to address Australia's extinction crisis. The details of implementation and interpretation will ultimately determine whether these changes deliver meaningful protection for Australia's unique wildlife and ecosystems.
