
Environmental reforms just the beginning
Just as a journey of 1,000 miles begins with a single step, the path towards updating Australia’s environmental laws has passed a significant milestone.
The federal Labor government’s deal with the Greens last week means the country’s long-awaited environmental reforms have passed through Parliament.
The changes are expected to streamline development approvals, provide greater certainty to business and protect the environment.
Environment minister Murray Watt said the landmark reforms would “deliver tangible benefits for the environment” and provide “a power surge of productivity,” cutting approval times and injecting up to $7 billion into the economy.
But as mining groups have pointed out, the passage of the legislation is not the end of the journey. A National Environment Protection Agency is to be set up, along with consultation on the national standards, regulations and supporting policies that need to be written.
The reforms have brought a mixed reaction.
The Minerals Council of Australia expressed disappointment in the Labor/Greens deal, citing concerns including “the failure to restrict the Federal EPA to compliance, enforcement and assurance functions,” saying it would only create more power for unelected officials when the agency should be accountable to the public through elected officials.
The Association of Mining and Exploration Companies welcomed the deal but said the real test would be how effectively the new framework was implemented.
The Chamber of Minerals and Energy WA CME said it held concerns about aspects of the legislation but remained committed to working with the federal government to ensure the reforms delivered improvements for both the environment and for business.
Western Australia is expected to be the first state to strike a bilateral agreement to streamline the federal and state approval processes and the three industry groups are keen to see this process occur quickly.
“The state and federal governments must now put their shoulders to the wheel to fast-track negotiations so WA can be accredited to deliver project assessments without delay,” CME WA director policy and advocacy Anita Logiudice said.
For their part, the Greens said the EPBC reform was now better than the “weak laws” it was replacing but despite significant wins for nature, it was “still woefully short of what the climate needs”. The EPBC does not include a “climate trigger,” preventing the environment minister from considering climate damage when approving projects.
Meanwhile, lawyers are troubled by “an emerging trend of laws being made without appropriate checks and balances being respected before they pass”.
Submissions are due by today, December 5, to the Senate committee reviewing the laws. The committee is scheduled to report back in March.
The Law Council of Australia said the EPBC reform was welcome but should not come at the cost of proper legislative processes. “Committee scrutiny should occur before, not after, laws are passed,” LCA president Juliana Warner said.
With so many areas still to be finalised, it will be some time before any highly anticipated certainty is realised – an area of increasing importance as Australia looks to cement its position in the global critical minerals scene. But the journey is at least well underway.






