The Albanese government has clinched a landmark agreement with the Greens to pass significant reforms to Australia’s national environment laws. This marks the first time since Bob Hawke’s 1983 intervention to save the Franklin River that a Labor government has moved to enhance federal authority over state governments in environmental matters.
The reforms to the Environment Protection and Biodiversity Conservation (EPBC) Act were spearheaded by Minister Murray Watt. Acting on Prime Minister Anthony Albanese’s directive, Watt successfully secured the necessary support from the Greens to push the legislation through the Senate by year-end.
Strategic Negotiations and Concessions
Minister Watt engaged in strategic negotiations, offering competing deals to both the Greens and the opposition. His aim was to garner support from either side to ensure the legislation’s passage. Concessions to the opposition included addressing business groups’ concerns by stipulating that a new environment watchdog agency would operate under ministerial instructions.
Meanwhile, amendments offered to the Greens aimed to prevent coal and gas projects from being expedited through environmental assessments. This agreement with the Greens was achieved despite intense lobbying from the powerful resources sector, which had urged the Coalition to collaborate with the government for more business-friendly reforms.
Historical Context and Challenges
This development represents a major shift in traditional power dynamics, especially considering a previous deal with the Greens was thwarted by Albanese following opposition from the Western Australia mining lobby. The EPBC Act, originally established by former Prime Minister John Howard in 2000, has seen numerous reform attempts by successive governments, driven by concerns over its inadequacy in addressing Australia’s declining ecosystems.
Since colonization, approximately 100 of Australia’s unique flora and fauna species have been lost, with many more unrecorded losses among invertebrates. This rate of loss is among the highest globally and has persisted over the past 200 years.
The reforms draw inspiration from the 2020 Samuel Review, which advocated for comprehensive changes to curb the ongoing degradation of natural habitats.
Key Features of the Reforms
A cornerstone of the reform package is the establishment of an Environmental Protection Agency (EPA). This agency is designed to enhance nature protections by providing an independent perspective on development decisions and enforcing regulations. It fulfills Albanese’s overdue election promise for a new national watchdog agency and introduces “streamlined assessments” to expedite evaluations of major projects, including housing and renewable energy initiatives.
The reforms also introduce stricter land clearing regulations, a significant contributor to species extinctions. Additionally, they carve out the proposed fast-tracking of mining projects and implement new emissions reporting rules for major polluters.
The reforms empower the government to establish the first set of national environmental standards, with legally enforceable rules to protect endangered wildlife and ensure ecologically sustainable development. This includes an “unacceptable impacts” test to prevent significant harm from major projects.
Looking Ahead
Former Labor Environment Minister Tanya Plibersek had previously attempted to broker a deal with the Greens to create an EPA. However, her efforts were thwarted by a last-minute intervention from Prime Minister Albanese, who sided with Western Australia’s Labor Premier Roger Cook, rejecting any concessions. This decision had disappointed Labor’s environmentally conscious grassroots supporters.
The passage of these reforms marks a significant step forward in Australia’s environmental policy, promising to reshape how development projects are assessed and managed. As the government moves to implement these changes, it will be crucial to monitor their impact on both the environment and the economy, ensuring that the balance between conservation and development is maintained.
