TRANSCRIPT
The Environment Protection and Biodiversity Conservation Act is facing its first major reform in twenty-six years.
The long-awaited overhaul of Australia’s national environmental law will take centre stage in Parliament this week.
This is the second iteration of the package, following the 2020 review authored by Graham Samuel.
Environment Minister Murray Watt's predecessor, Tanya Plibersek, was previously accused of breaking a 2022 election promise after she pushed back tabling the initial reforms.
Key parts of these reforms include setting up an independent Environmental Protection Agency, though the Minister still gets the final say, and there's a major push for state agreements to speed up approvals.
On Sunday, Opposition Leader Sussan Ley and Shadow Environment Minister Angie Bell formally asked Labor to split the bill.
Ms Bell told the ABC yesterday that doing so would immediately fast-track pro-business initiatives.
“Well, we want to see some movement on this bill, and we don't want to stand in the way of environmental reform, and so we've suggested to the government overnight how to improve their bills. So we want to see the bill split, so we can streamline approvals and we can improve environmental protections separately. And what we've seen from the government is a flat refusal immediately..."
Ms Bell was correct on the flat refusal...
Mr Watt was quick to label the split 'the maddest idea', rejecting the demands, which he argues would lead to more habitat destruction, more species threatened, no independent regulator and slower approval times.
“We need to have a clear definition of the types of projects that would simply be unacceptable to the impact they would have on the environment - of course that would be beneficial for the environment in stopping unacceptable developments going ahead but it’s also really important for business to have the kind of clear definition so they get a fast no on a project and know that a particular project isn’t going to get approved.”
Ms Ley's pitch also seems to be out of step with the Business Council of Australia (BCA), which said one big bill would offer more certainty to businesses.
Despite these concerns however, BCA CEO Bran Black indicated the council would prefer Labor to negotiate a deal with the opposition rather than the Greens,
He says there are a range of concerns with Labor's proposed reforms.
“Those concerns relate to matters like the definition of unacceptable impacts and net gain the powers of the CEO of the EPA with respect to stop work orders, the circumstances in which disclosures with respect to emissions are relevant to assessments and of course, the fundamental point for us is how we can go about ensuring that at the end of the day, there is a more streamlined faster and more certain approach to assessments of application. “
The government's plans will include a 'National Interest Exemption,' so the Minister can fast track certain approvals for matters of 'national significance', and a 28 day limit for appealing decisions where environmental improvement approvals are not required.
In a Labor party caucus meeting today, Murray Watt responded to concerns about the national interest provision.
He explains that it is a direct recommendation from Graham Samuel and its use is primarily for defence and security reasons.
The Greens pre-empted the announcement last week.
They pointed to a similar carve-out for nuclear waste management from environmental laws in 2023, to get AUKUS across the line.
Greens leader Larissa Waters told the ABC what she thought of the exemption.
“They're already riddled with loopholes. But rather than fix those loopholes, the proposal by this environment minister under this government is to add additional loopholes and yet more fast track mechanisms for coal and gas. “
The government has already rejected a key Greens proposal for a climate trigger in the bill, instead following the Samuel Review's advice to require only emissions disclosure.
Ms Waters suggests a deal was far more likely to be struck between the Government and the Coalition than with the Greens.
“The coalition, I think, are posturing and probably will end up doing a deal with labor on this. The Greens want to see environment laws that work for nature. We're willing to talk to government about that. Government's got the choice on who they want to work with. They can either protect nature and work with the greens, or they can deliver for big business trash the place, not stop logging, continue to fuel and fast track coal and gas. And I'm sure the coalition will be very happy to facilitate that.”
After a Labour party room caucus meeting today, SBS was informed that the reforms will be introduced in a series of seven bills.
Murray Watt plans to present the draft legislation to Parliament on Thursday, but the government needs to strike a deal with either the Coalition or the Greens to get it over the line.
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