Environment act reform overdue

A good way to sustain momentum in the economic recovery now under way will be to deliver much-needed reform of the clumsy and outdated Environment Protection and Biodiversity Conservation Act. On Thursday, Graeme Samuel delivered his final report on the EPBC Act as part of a 10-year statutory review. He has made 38 recommendations that are sweeping in nature and comprehensive in detail. The challenge for government is to deliver a workable outcome that cuts through existing layers of green tape and gives greater protection for the environment.

Professor Samuel was blunt in his assessment that the nation’s environmental treasures were in decline and that a national set of rules was needed to protect them and to give certainty to developers. It is no secret that the EPBC Act does not deliver either and enjoys little support from government, business or community groups. Professor Samuel’s call for greater Indigenous consultation and involvement will be an easy fix, but other measures such as extending EPBC Act powers to state forest logging and agreeing on a single set of national standards and independent oversight may be more problematic.

Business groups have welcomed the report in the hope it can give greater clarity and speed up development decisions. The political contest is still ahead. It will start with the government’s decision to push ahead with legislation for one-touch approvals under which commonwealth decision-making powers will be delegated to the states. Legislation is held up in the Senate, where Labor and the Greens are insisting it be tied to the detail of what the new regulations will be. Environment Minister Sussan Ley is adopting a walk before you run approach. Properly done, a one-touch approach makes sense in cutting duplication and smoothing the path for developments. In exchange for increased authority, states must agree to uphold federal standards. Those standards will be decided by the commonwealth and will not need consent from all premiers.

Environmental legislation reform is long overdue and the federal government is right to push hard to deliver what it can rather than wait until all issues have been agreed. That would be a recipe for disappointment and inaction. Securing a one-touch regime will let all parties know the government is serious about reform and that they must negotiate in good faith on more substantial issues identified by Professor Samuel.