Sign in Subscribe
Amendments (Parliamentary practice)

EPBC Reform: A Delicate Balance Between Environment and Economics

Strategic Insights

— 1 min read

The Australian government's efforts to reform the Environment Protection and Biodiversity Conservation (EPBC) Act face significant challenges, with Environment Minister Murray Watt aiming to push through changes without fully addressing the National Environmental Standards. This approach could undermine the principles of the EPBC Act and the separation of powers outlined in the Constitution. The Samuel Review, led by Professor Graeme Samuel, highlighted the need for fundamental reforms to address the declining state of Australia's environment and the increasing threat of climate change. However, the proposed reforms have been watered down, and the National Environmental Standards remain a contentious issue.

Key Takeaways:

  • The Samuel Review recommended National Environmental Standards to be the ruler against which government national environmental decision-making and oversight were to be measured.
  • The standards were weakened by Sussan Ley, acquiescing to the Coalition joint party room, finding a "sweet spot" between environmental protection and economic development.
  • Murray Watt, as Environment Minister, is seeking to push through environmental reforms without fully addressing the National Environmental Standards, hiding this key component from sight.
  • The proposed approach would undermine the principles of the EPBC Act and the separation of powers outlined in the Constitution.
  • The Greens are likely to play a crucial role in the reform process, and their support will be needed for any meaningful changes to occur.
  • The Coalition's support base will expect Labor to come to a compromise position with the Coalition on National Environmental Standards.
  • The minister will also be talking to the States and Territories, particularly Western Australia, which is certain to channel the interests of corporate giants in the resource extraction economy.

Statistics:

  • 30,142 submissions were received from people and organizations for the Samuel Review.
  • More than 100 stakeholders were directly consulted by Professor Graeme Samuel during the review.
  • The review identified that Australia's natural environment and iconic places are in a state of decline and are under increasing threat due to climate change.
  • The suggested disallowance of new National Environmental Standards is rare and does not attract significant political attention.

Sources:

  • Samuel Review of the EPBC Act (2019)
  • Sussan Ley, Opposition Leader (2019)
  • Murray Watt, Environment Minister (2023)
  • Rex Patrick, Former Senator for South Australia (2023)
  • James Carville, Bill Clinton's strategy adviser (1992)
  • Anthony Albanese, Current Australian Prime Minister (1992)

Read more