Our national nature laws, which date back to the days when John Howard was prime minister, are broken. They have failed people and nature for decades. The federal ALP came to power on a promise to reform the laws, and make them fit for purpose for the 21st century.
And finally, a deal has been done to re-write the Environment Protection and Biodiversity Conservation (EPBC) Act. It has been 5 years since the review of the laws, led by Graeme Samuel, which identified a blueprint to fix the broken system.
To get the legislation made into law, the federal ALP needed to do a deal with either The Greens or the Coalition. Having recently walked away from their commitments to Net Zero, we knew how disastrous the laws would be if the Coalition were the partner in creating these new laws.
It has been announced this morning that Labor has struck a deal with the Greens to overhaul the federal environmental protection laws on parliament’s final sitting day of the year.
This is wonderful news.
We thank The Greens and other environmental groups for their efforts in securing a good win for the environment, and the federal environment minister Murray Watt, plus many within the ALP and the prime minister, for deciding to work with a progressive party like The Greens to strengthen climate and environmental laws.
Some analysis and response
This is an enormous piece of legislation, with a mix of good and bad, and a lot to process. We offer these perspectives to provide a range of views on what has been achieved and where the legislation falls short.
The Greens agreed to support Labor’s re-write of the Environment Protection and Biodiversity Conservation (EPBC) Act after securing further concessions from the government.
The deal will clear the path for Labor to push the legislation through the Senate today.
The Labor-Greens deal will sideline Sussan Ley’s Coalition, which refused to yield on their demands for more business-friendly concessions in exchange for supporting the legislation.
Of course these laws are not perfect, and have not delivered everything the climate and environment movements wanted.
Here is some commentary from some of our allies:
The Greens say they have secured environmental laws with new protections for native forests and stopped Labor from fast-tracking coal and gas. ‘We’ve got outcomes that forest campaigners have fought for across decades. We’ve made it harder for big corporations to keep wrecking our environment’.
‘This bill is better than the laws we have now, and it is far better than what would have been delivered if the government had done a deal with the climate-deniers in the Coalition’.
The Climate Council congratulates Labor and the Greens for passing laws that strengthen protection for native forests and accelerate environmentally responsible renewable power. But the Council warns the Albanese Government is failing the climate test by giving new coal and gas projects a free pass on climate pollution.
“This deal strengthens protections for our native forests, and provides a faster yes to responsible renewable energy projects that cut climate pollution. That will help protect communities from rising power prices and climate damage.
“But this 2025 law fails the climate test. All new coal and gas projects still get a free pass on climate pollution. In fact, the law forbids the Environment Minister from considering a project’s climate pollution when assessing whether it should go ahead. That is a gaping hole in a law that should protect nature from the ravages of climate change.
Climate Councillor Professor Tim Flannery said: “The Greens and Labor have been able to secure real wins, including better protection for native forests and a clearer path for renewable energy. That shows Parliament can work across the aisle to find solutions for the community, rather than get bogged down in politicking.
“The Greens have blocked fast tracking of coal and gas which would have been a disastrous outcome – equivalent to pouring petrol on a fire.”
ABOVE: this reaction from The Climate Council shows the strength and weakness of the new legislation.
The Australia Institute says ‘while the bill proposes better biodiversity protections, it utterly fails to address its greatest threat – climate change caused by fossil fuels’.
The Australian Conservation Foundation says ‘For the first time, Australia’s precious and wildlife-rich forests - including critical koala and greater glider habitat - will finally be covered by national law.
This is real progress and it matters. An independent EPA is on the way and the loopholes that helped drive deforestation are being closed.
But the job is not done. Climate harm is still ignored in our national nature law and Australia is living the reality of bleaching, heat and ecosystem collapse.’
Lock the Gate says ‘after weeks of intense pressure, the Government has backed down on plans to fast-track coal and gas projects under new environment laws.
Our job isn’t finished, but it shows what we can achieve when we fight together. The battle for strong National Environment Standards continues, and we’re calling on the Government to ensure the protection of habitat, landscapes, and water resources’.
Where next?
Assuming the package goes through, today will be a historic reset of national environmental laws. Now the government will need to use these laws to protect forests and wildlife and say no to new coal and gas.
The old laws were decades out of date. A new playing field will strengthen the hand of the many community and environmental groups and traditional owners who are campaigning against new fossil fuel protects and in support of environmental protection. That’s where the work continues. As the Rising Tide camp gets underway in Newcastle today (details here) it's important that we continue to build a strong movement.