A sweeping overhaul of Australia’s federal environmental protection laws is set to be introduced to parliament this year, according to Environment Minister Murray Watt. He emphasized the urgency of the matter, warning that further delays could lead to continued “environmental destruction” and stalled investment opportunities.
Following a recent economic reform roundtable, which agreed to accelerate the original 18-month timeframe, Watt announced on Tuesday that legislation to revamp the Environment Protection and Biodiversity Conservation Act (EPBC) will be tabled before parliament adjourns in late November. The government aims to legislate a comprehensive set of national environmental standards and establish a federal Environmental Protection Agency (EPA) in a single legislative package.
Background and Political Context
The push for reform follows a previous attempt by Watt’s predecessor, Tanya Plibersek, to negotiate the establishment of a federal EPA with the crossbench. This effort was halted by Prime Minister Anthony Albanese to avoid potential electoral backlash in Western Australia. However, after Labor’s decisive federal election victory, the government sees a renewed opportunity to implement changes recommended by Graeme Samuel’s 2021 review of the existing laws, which date back to the John Howard era.
“It was clear from last week’s roundtable that there is very strong support – across business, environment, and community representatives – for serious and urgent reform to deliver stronger environmental protections, faster and simpler project approvals, and greater transparency in environmental regulation,” Watt stated.
“In those meetings, I have consistently heard that we need to move quickly to reform these laws, as delays mean holding up investment and more environmental destruction. We are answering that call by significantly accelerating these reforms.” – Murray Watt
Contentious Elements and Stakeholder Views
Despite the accelerated timeline, several key components of the reform package remain contentious and will require further negotiation. A primary point of debate is the structure and authority of the proposed EPA. Industry groups, including major mining and business organizations, have advocated for the EPA’s role to be limited to compliance and enforcement, excluding project approval powers. In contrast, environmental advocates, such as the Australian Conservation Foundation, argue that the watchdog must possess decision-making authority to be effective.
In an effort to streamline processes, the government also plans to eliminate duplications within the current approvals and assessment system, aiming to expedite projects related to housing, renewable energy, and critical minerals.
Legislative Pathway and Political Dynamics
The legislative success of the proposed reforms will require strategic political maneuvering. With the current composition of parliament, Labor will need the support of either the Greens or the Coalition to pass the legislation through the Senate. Labor is optimistic about securing backing from the opposition, given that Sussan Ley, the Coalition’s new leader, initiated the Samuel review during her tenure as environment minister under the Morrison government.
The Greens have expressed willingness to collaborate with Labor on effective environmental laws. Sarah Hanson-Young, the Greens’ environment spokesperson, emphasized the need for laws that “actually protect nature and make it easier for business to get responses to their applications in a timely fashion.”
“The only thing standing in the way of creating laws that give clearer guidance and faster processing are the big fossil fuel companies who prefer the status quo and have repeatedly used their political muscle to prevent fixing the laws.” – Sarah Hanson-Young
Looking Ahead
As the final parliamentary sitting day of the year approaches on November 27, the government is poised to continue consultations and refine the legislative package. The outcome of these reforms could significantly impact Australia’s environmental landscape, potentially setting a precedent for future environmental governance and regulatory frameworks.
With the clock ticking, all eyes will be on the parliament as it navigates the complexities of this critical legislative undertaking, balancing environmental protection with economic development and industry interests.
