Environment protection laws slammed during independent review

Australia’s natural environment and iconic places are in decline and under increasing threat, according to a new report on environment protection law.

A scathing review of Australia’s environment protection laws has condemned the measures as “dated and inefficient”.

An independent review of the Environment Protection and Biodiversity Conservation Act released its interim report on Monday.

Reviewer Professor Graeme Samuel said the Act resulted in duplication with state and territory environment laws, lacked new data, and the inclusion of Indigenous science was tokenistic.

He said Australians’ trust in the Act and its administration was “low”.

Several reforms are being discussed as part of the biggest overhaul of the system since 1999.

However, the Commonwealth will not make any changes to regulating greenhouse gas and other emissions or Australia’s moratorium on nuclear energy.

“Australia’s natural environment and iconic places are in an overall state of decline and are under increasing threat. The current environmental trajectory is unsustainable,” Prof Samuel said.

“(The Act) does not enable the Commonwealth to protect and conserve environmental matters that are important for the nation,” he said.

“It is not fit to address current or future environmental challenges.”

Prof Samuel said more needs to be done to respectfully incorporate valuable traditional knowledge of country in how the environment is managed.

He said the way the Act operates reflected an overall culture of “tokenism and symbolism” rather than one of genuine inclusion of Indigenous Australians.

“Indigenous Australians seek, and are entitled to expect, greater protection of their heritage,” Prof Samuel said.

Environment Minister Sussan Ley will begin talks with states and territories regarding the proposed changes on Monday afternoon. Picture: Gary Ramage

The process of assessing and approving developments was also found to be slow, complex to navigate and costly for business.

“To build confidence, the interim report proposes that an independent cop on the beat is required to deliver rigorous, transparent compliance and enforcement,” Prof Samuel said.

Reforms proposed in the interim report include:

• Focus on existing areas of responsibility with no expansion to regulate new environmental matters
• New legally enforceable national environmental standards
• A review of Australia’s Indigenous cultural heritage laws
• Increase transparency of information and decision-making to build trust
• Limit legal challenges to those about not meeting outcomes instead of process

Federal Environment Minister Sussan Ley said it was not surprising the review found the 20-year-old legislation was struggling to meet the changing needs of the environment, agriculture, community planners and business.

On Monday she announced the government response would address four priority areas:

Develop national environmental standards that will underpin new bilateral agreements with state governments

Discuss entering agreements for single-touch approvals with willing states

Modernise the protection of Indigenous cultural heritage, starting with a roundtable meeting of state Indigenous and environment ministers.

Investigate market-based solutions for habitat restoration to improve environmental outcomes and provide greater certainty for business.

Ms Ley and Minister for Indigenous Australians Ken Wyatt will jointly chair the roundtable. An environmental markets expert advisory group will also be established.

Almost 30,000 submissions were made to the review.