Climate laws a ‘back door ban’ of new coal, Tony Abbott warns

The government’s climate change legislation will make it easier for activists to challenge projects in court, Tony Abbott warns.

Climate protesters in Sydney this month. Picture: NewsWire / Monique Harmer

The government’s climate change legislation will result in a “back-door ban” of new coal and gas proposals, former Liberal prime minister Tony Abbott has warned, with fears the bill will make it easier for activists to challenge projects in court.

Mr Abbott raised concerns while in office over provisions in Australia’s Environment Protection and Biodiversity Conservation Act that allowed for “vigilante litigation” and attempted to tighten laws around challenges brought to courts by environmental groups, but the legislative changes failed to pass the Senate in 2015.

Mr Abbott, who made it his mission to get rid of a carbon pricing scheme while in parliament, now joins groups like the Institute of Public Affairs in warning that the Albanese government’s climate bill set to pass in the next sitting fortnight will see activists ramp up court challenges to new projects.

Former prime minister Tony Abbott. Picture: Supplied

“While the government quite rightly is adamant that it’s not going to give into green demands, this could end up being a back door,” he told The Australian.

“This new bit of legislation combined with the standing provisions of the EPBC Act is going to make it open season on all new coal and gas proposals.”

Mr Abbott’s comments come as the IPA is set to present similar concerns to a parliamentary committee this week inquiring into the climate bill.

IPA deputy director Daniel Wild said the legislation would “make it a lot easier for activists to shut down much-needed resources projects through what is known as ‘green-lawfare’ ”.

“There could not be a worse time for this legislation as Aus­tralia is in the midst of an energy crisis,” he said.

“Australians in regional and rural Australia shoulder the heaviest burden when it comes to climate change and net-zero policy designed by inner-city elites.”

In its report, Green Tape and Environmental Activism, the IPA said the net-zero target would “risk tipping the scales even further in favour of green activists in the courts”.

“Courtroom activism has been a significant factor in the delay and cancellation of critical resource projects, and the Climate Change Bill 2022 will invite further legal activism,” it said.

The report said net-zero targets would become “relevant considerations” that a minister would need to take into account when making an approval decision, with environmental groups able to challenge any carbon-emitting project on the basis the government failed to consider how it would impact the meeting of net-zero targets.

Climate Change and Energy Minister Chris Bowen hosed down concerns over green lawfare increasing in the wake of Labor’s emission target being made into law.

“This is about a framework for private sector investment – we designed it that way to encourage that private sector investment, that’s what this is about,” he said in a press conference in July.

“I have no legal advice to indicate any concerns of that nature (a rise in green lawfare).”