Samuel Urges Labor to Drop 'National Interest' Loophole in Environment Laws
Samuel Urges Labor to Drop 'National Interest' Loophole in Environment Laws

Former ACCC chair Graeme Samuel has called on the Albanese government to abandon a proposed exemption that would allow the environment minister to approve projects in breach of national laws if deemed in the 'national interest'. Samuel, who led a 2020 review of the Environment Protection and Biodiversity Conservation (EPBC) Act, made the comments to a Senate committee examining the government's reform bills.

Samuel argued that the 'national interest' provision could lead to abuse, with lobbyists seeking favourable decisions. He warned of 'a conga line of lobbyists' pushing for exemptions, and suggested the concept should instead be incorporated into new national environmental standards as a balancing factor in approvals.

He also criticised the existing loophole exempting native forest logging from the EPBC Act, stating, 'I hate the exemption. It shouldn't be there.' If retained, he said it should be governed by a 'very tough national environmental standard'.

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Former Howard government environment minister Robert Hill, who introduced the original act in 1999, echoed Samuel's concerns. In a submission to the inquiry, Hill said tighter regulation of land-clearing should be the 'highest priority' of the reforms, and that 'there is no credible argument for retaining the logging exemption'.

Hill and co-author Atticus Fleming proposed that land-clearing above certain thresholds should be assessed for impacts on threatened species and ecosystems, and that logging should face the same rules as mining and agriculture.

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