Government pushes to pass new environment laws which could see companies fined up to $825m

The Albanese government faces a critical week as it attempts to pass controversial environment laws that could expose companies to unprecedented $825 million fines. See what else is in store.

The Albanese government is pushing to pass an overhaul of national environment laws through parliament this week.

The final details are being thrashed out as Environment MinisterMurray Watt negotiateswith both the Coalition and the Greens in a bid to pass the legislation before Christmas.

So what is the Environment Protection and Biodiversity Conservation Act and why is it important?

WHY THE CHANGES?

The current laws aren’t great at protecting the environment but are simultaneously loathed by business and industry for being cumbersome and bureaucratic.

A 2020 review of the EPBC by former Australian Competition and Consumer Commission chairman Graeme Samuel found the laws were ineffective and increased the cost to businesses.

Green groups have also used the laws to successfully stall major projects for years through green lawfare.

Then Environment Minister Tanya Plibersek announced an overhaul of the EPBC in December 2022 and promised to strengthen environmental protections, slash red tape and speed up decision-making times.

The current laws are the Albanese government’s second attempt to reform the EPBC after efforts stalled in 2024.

Environment Minister Murray Watt is attempting to win over both the Coalition and the Greens. Picture: Patrick Woods.

WHAT DO THE LAWS CURRENTLY PROPOSE?

Chief is the establishment of the National Environmental Protection Agency, an independent watchdog with powers to enforce compliance, issue protection orders and require audits.

The laws could also expose companies to potential fines of $825 million based on turnover for breaches of the environmental protection laws.

Industry and business have criticised the laws for not clearly specifying what type of breaches will be subject to the harshest penalties.

The laws could potentially introduce a “national interest mechanism” that would allow the minister to greenlight certain projects such as defence or critical minerals.

The laws would introduce legally binding standards, streamline assessment processes, overhaul the offsets framework and introduce bioregional planning.

The reforms would also establish Environment Information Australia as an independent body to report on the environment and embed First Nations.

Greens Senator Sarah Hanson-Young said the government had offered a concession on native forest logging. Picture: Bob Brown Foundation.

WHAT’S THE LATEST?

Minister Watt is attempting to win over both the Coalition and the Greens after setting himself a Christmas deadline to pass the suite of reforms.

Mr Watt on Monday flagged potentially clarifying what breaches of the EPBC could attract fines of $825m but said the eyes watering penalty was appropriate for the most serious breaches.

“Our view is that the dollar figures attached to the penalties, the maximum penalties, are very comparable to the United States, the UK, the sort of places we compare ourselves to,” he told the ABC.

On Sunday Greens Senator Sarah Hanson-Young said the government had offered a concession on native forest logging, which the minor party has been pushing to completely ban.