Australia’s government is set to expedite a significant reform of its environment laws, aiming to fast-track the legislation into parliament before the end of the year. Prime Minister Anthony Albanese has tasked new Environment Minister Murray Watt with delivering a revised version of the Environment Protection and Biodiversity Conservation Act by December 2023, six months ahead of the original schedule. This move is part of the Labor government’s strategy to unblock stalled projects and meet critical targets related to housing and emissions reduction.
The urgency stems from previous challenges faced by former Environment Minister Tanya Plibersek, whose negotiations last year encountered significant opposition from major mining companies and the Western Australian Labor government. In November 2022, pressure led Albanese to remove Plibersek’s initiative for an Environmental Protection Agency from discussions, just as the Greens appeared close to a deal with her to advance the legislation.
Watt, known as a close ally of Albanese and previously tasked with addressing issues within the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), has since been given the responsibility of revamping the contentious bill. His job has been made somewhat easier by former Treasury Secretary Ken Henry, who stated in July that reforming environmental laws takes precedence over tax policy.
Following a recent economic roundtable, Watt reported that there is a strong consensus among business, environmental, and community stakeholders for urgent reform. “It was clear from last week’s roundtable that there is very strong support for serious and urgent reform to deliver stronger environmental protections and faster and simpler project approvals,” Watt remarked. He emphasized that delays in reform could hinder investment and exacerbate environmental degradation.
The existing legislation mandates that the federal government assess projects posing significant risks to national environmental priorities, including endangered species. Currently, 76 renewable energy projects in New South Wales, Victoria, and Queensland are awaiting federal environmental assessments, contributing to a backlog. Additionally, Clare O’Neil, Minister for Housing, has cited bureaucratic delays as a barrier to approximately 25,000 homes awaiting approval.
A report by the Clean Energy Investor Group in December 2022 highlighted a dramatic increase in the time required for federal approval of renewable energy projects. The average wait time for wind or solar farms surged from 505 days in 2018 to 831 days in 2021, a statistic that Plibersek contested at the time.
Despite the pressing need for reform, environmental organizations are advocating for stronger protections to safeguard Australia’s delicate ecosystems from overdevelopment. The Albanese government faces the dual challenge of expediting project approvals while ensuring environmental integrity to meet its climate commitments, both of which have fallen behind schedule.
The accelerated timeline for Watt’s reforms follows Labour’s recent productivity summit, where it was announced that the government would pause building code changes and fast-track environmental law reforms. The reforms echo recommendations made by former competition watchdog chief Graeme Samuel, who criticized existing environmental laws in 2021 for failing to protect the environment. His proposals included establishing national environmental standards and an independent Environment Protection Agency.
Resistance to reform is anticipated, particularly from mining-dependent regions in Western Australia, where Albanese has strategically focused on crucial electorates ahead of the May election. Roger Cook, Premier of Western Australia, successfully lobbied the Prime Minister to abandon a proposed “climate trigger” that could have restricted mining projects based on their greenhouse gas emissions.
Brendan Sydes, head of biodiversity at the Australian Conservation Society, noted that the government’s commitment to reform was evident during the recent roundtable. He pointed out that both business and environmental groups view the current system as inadequate. While miners might accept the establishment of a federal environment protection agency, they would prefer the minister to have the ability to intervene swiftly in major decisions. Environmental advocates, while supportive of the agency, would likely desire stronger regulatory powers.
Labor pledged to implement national environmental standards and establish the agency during its 2022 election campaign. The proposed bill will still require support from the Greens in the Senate to pass, indicating that the path forward remains complex and contentious.
