Updated with reaction from the National Farmers Federation from par. 24

The Australian government will introduce legislation to establish national environmental protection and information bodies, but has split reforms that would strengthen laws underpinning them into a separate tranche.

A statement from Environment Minister Tanya Plibersek on Tuesday said a bill to establish a federal Environment Protection Agency – formerly known as Environment Protection Australia – and Environment Information Australia will be introduced to parliament in the coming weeks.

“Our government is doing more than ever to protect our country’s natural treasures, native plants, and animals, so Australians can continue to enjoy our lifestyle in the great outdoors,” she said.

“We’re delivering stronger protections for the environment, including Australia’s first ever independent national Environment Protection Agency.”

The government said the national EPA will have “strong new powers and penalties to better enforce federal laws”.

Fines of up to A$780 million ($500 mln) or seven-year jail terms can be imposed by the new authority for extremely serious intentional breaches of federal environment law.

Meanwhile, the EIA will provide government and the general public with high-quality information and environmental data via a public website.

It will also develop an online database to help give business faster access to information to help make federal environmental approvals smoother, according to the government.

It announced A$100 mln in funding to speed up environmental approval decisions.

This funding would support more staff to assess project proposals and more tailored support to help business more effectively comply with environment law.

Emphasising the need for better business guidance, a biodiversity offsets audit released by the government Tuesday found that around one in seven developments could be in breach of their offset conditions.

This means they had not properly compensated for an impact a development was having on the environment.

STEP BACK

However, environmental groups argued that the full suite of promised reforms to the Environmental Protection and Conservation Biodiversity (EPBC) Act still needed to be delivered.

They noted that the new bodies established would ultimately be ineffective if they were tasked with implementing the current environmental laws, widely derided as broken and weak.

“Delaying comprehensive reforms to national environmental law is a significant step back from what the Albanese government committed to in its Nature Positive Plan,” Biodiversity Council Director James Trezise said.

“Nature in Australia is in crisis and can’t afford delays in the comprehensive reforms needed to fix our weak and broken environmental laws.”

Australian Land Conservation Alliance (ALCA) CEO Jody Gunn “cautiously” welcomed the announced reforms, but noted they were only one part of a broader reform package.

“Whilst the reforms announced today are an important step forward, we can’t afford to stop here. ALCA looks forward to seeing a timely announcement of the next, broader tranche of reforms in the government’s environmental law reform package,” she said.

Green groups raised previously flagged concerns about call-in powers allowing the minister of the day to override EPA decisions.

They have also urged the government to introduce climate and land-clearing triggers, in order to ensure projects are assessed on their environmental and emissions impacts.

The Western Australia Chamber of Minerals and Energy, however, released a statement welcoming the delay, saying more time would ensure ‘better for the environment and better for business’ objectives were delivered.

“If the federal government gets it wrong, better environmental outcomes are at risk, and the ongoing economic contribution of the sector’s existing operations and A$93 billion in future WA investment projects and associated jobs are threatened,” CME CEO Rebecca Tomkinson said.

“Maintaining strong ESG regulatory frameworks is important and a focus of industry. Our ESG approach must be coupled with efficient administration and regulation.”

The National Farmers Federation also welcomed the government’s staggered approach.

“Unpicking this tangled mess of overlapping state and federal rules and making it work better for everyone takes time, so we’re pleased to see the Minister deciding not to rush this through,” NFF President David Jochinke said.

“What we don’t want to see is these new federal bodies charging off into the bush waving a big stick.”

The laws to establish the EIA and EPA are part of the second stage of the government’s Nature Positive Plan, the first stage being the establishment of the country’s Nature Repair Market.

The government said on Tuesday it intended to fully deliver the third stage of environment law reform by continuing to consult closely with stakeholders.

“As part of the third stage, there will be a comprehensive exposure draft of the new laws released for public consultation, prior to their introduction to parliament,” the government said.

However, it previously said it intended to legislate the full package of reforms by the end of 2023, leading some to fear time could run out before the 2025 election.

By Mark Tilly – mark@carbon-pulse.com

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