‘Nature is being destroyed. Things have to change’: Plibersek flags environmental law overhaul

Environmental groups cautiously welcomed sweeping reforms to federal environment laws that would create a new national Environmental Protection Agency which has greater oversight over development proposals and emissions.

But many criticised Environment Minister Tanya Plibersek for failing to include a so-called climate trigger law that could halt developments due to their potential climate impact.

The reforms come after a review of federal environmental protection laws in January last year found the federal Environment Protection and Biodiversity Conservation act had failed to protect Australia’s threatened ecology or halt its record of flora and fauna extinctions.

Environment Minister Tanya Plibersek has announced sweeping new changes to strengthen environmental laws.Credit: Alex Ellinghausen

Plibersek said the new changes would include streamlining project assessment processes and improved regional planning processes to indicate where development can occur with minimal impact on the environment. They will also see the implementation of legally enforceable environmental standards to provide greater protection for threatened species and world heritage sites, and ensure greater engagement with First Nations people.

She also declared that there would be zero new extinctions of animals.

“Nature is being destroyed. Businesses are waiting too long for decisions. That’s bad for everyone. Things have to change,” Plibersek said. “We will build our legislation on three basic principles: clear national standards of environmental protection, improving and speeding up decisions, and building trust and integrity.”

The government’s review, a 60-page document titled Nature Positive Plan: better for the environment, better for business, notes Australia’s environment is not resilient enough to withstand current and emerging threats, and that urgent reform is needed.

Thursday’s announcement is in response to former competition watchdog Graeme Samuel’s review EPBC Act published in 2020, which painted a grim picture of Australia’s environmental protection.

“To shy away from the fundamental reforms recommended by this review is to accept the continued decline of our iconic places and the extinction of our most threatened plants, animals and ecosystems,” he said in the report’s introduction.

What’s the verdict?

Environmental groups have welcomed Thursday’s announcement, but say there are several challenges that will need to be overcome. WWF-Australia’s chief conservation officer Rachel Lowry said the response to the Samuel review was long overdue and the creation of the national EPA fixed one of the Act’s biggest weaknesses.

She added there were some limitations to the government’s package of reform, including the lack of a climate trigger law, and the delayed timing of the new legislation.

“On the government’s own timetable, the reform package will be introduced into the parliament before the end of 2023, which means it is unlikely to be implemented until 2024,” Lowry said. “Our wildlife and wild places cannot afford to wait this long for action.”

Environmental Justice Australia senior lawyer Ellen Maybery said legally enforcing standards would strengthen accountability, but would only work if they were adequately funded. Likewise, the same resourcing issues apply to achieving zero new extinctions.

National co-convener of the Labor Environment Action Network, Felicity Wade, said Thursday’s announcement was a step forward for Australia’s wildlife and environment. In particular, the national environmental standards were a “game-changer”.

Australian Conservation Fund chief executive Kelly O’Shanassy said it was disappointing the response made no reference to adding a climate trigger to the law, which would allow the climate impacts of coal and gas projects to be ignored.

“The test of success for these reforms will be whether they end Australia’s extinction crisis by protecting our unique wildlife, plants and ecosystems from destruction through land clearing, logging and climate change, and result in a net gain in natural habitat this decade.”

Minerals Council of Australia chief executive Tania Constable said the industry was concerned by the government’s proposal to extend the EPA’s powers to oversee approvals would lead to slower investment.

“More than ever, Australia needs to attract investment in minerals development which supports local jobs and businesses and national objectives including transformation to net zero emissions and minerals security,” she said. “Less complex, efficient and timely approval processes for industry will be key to providing the certainty to invest and creating a framework for supporting biodiversity conservation.”

Constable added that some changes were welcome, but they would need to be carefully developed with community consultation to avoid unintended consequences.

The key changes include:

• Stronger national environmental standards for First Nations engagement, environmental offsets and regional planning.
• Streamline conservation management for threatened species.
• Proponents must publish their expected scope 1 and 2 emissions, and provide information about how the project will fit into Australia’s emission reduction obligations.
• Environmental offset reform.
• Independent Environmental Protection Agency responsible for compliance and enforcement.
• Increased data collection.

The new legislation will be prepared in the first six months of 2023.

Since colonisation, about 100 of Australia’s unique flora and fauna species have been wiped off the planet. The rate of loss has not slowed in the past 200 years.

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