Canberra, 29 May 2024 – Today marks a significant step in Australia’s environmental protection efforts as the Federal Government introduces legislation to establish the country’s first national Environment Protection Agency (EPA) and an Environment Information Agency (EIA).
Despite this progress, conservation and animal protection organizations have raised concerns that the new laws fall short of delivering the comprehensive reforms necessary to tackle the nation’s escalating extinction crisis.
The Nature Positive (Environment Protection Australia) Bill 2024 is central to the second phase of the ALP government’s Nature Positive Plan, aiming to benefit both nature and business through key reforms.
Environment and Water Minister Tanya Plibersek will direct the new EPA to prioritize investigations into illegal land clearing and offset conditions. This decision follows an audit revealing that one in seven developments might be violating their offset requirements.
Penalties for environmental breaches will be increased to align with those for serious financial crimes. Courts will have the power to impose fines of up to $780 million or sentence individuals to up to seven years in prison for severe and intentional violations of federal environmental laws.
The Nature Positive (Environment Information Australia) Bill 2024, also introduced today, will establish an independent head of the new EIA. This agency will provide up-to-date, transparent environmental data and information to the public, helping businesses make quicker and easier development decisions. The EIA will also release State of the Environment reports every two years instead of every five years.
In a groundbreaking move, this bill introduces a legal definition and reporting measure for ‘nature positive.’ Creating a Nature Positive Australia means that our natural environment is repairing and regenerating rather than continuing to decline.
Humane Society International (HSI) Australia
The Humane Society International (HSI) Australia emphasized the need for substantial amendments to the proposed legislation. “The current Bills replicate the key problems of the existing legislation,” said Nicola Beynon, Head of Campaigns at HSI Australia.
“They fail to embed clear, outcomes-based requirements for decision making and provide too much discretion, allowing decision-makers to avoid making nature positive decisions. These are both features that the 2020 Graeme Samuel review of the existing laws said must change.”
Beynon pointed out that the Bills lack stronger protections for nature now, calling for the immediate inclusion of commitments the Government plans to consult on in later stages of the reforms.
“HSI Australia has long been calling for a national EPA and welcomes the Government’s recognition of the importance of environmental data in reversing the extinction crisis,” Beynon added.
However, she criticized the proposed governance arrangements and called for amendments to ensure the Bills deliver strong institutions and good outcomes for nature.
Vets for Climate Action
Vets for Climate Action echoed these sentiments, urging the Federal Government to introduce a comprehensive package of nature law reforms. CEO Stefany Goldring stated, “While we commend this first step, we are urgently calling on our Government to introduce a comprehensive package of nature law reforms to protect our unique wildlife and their habitats.”
Goldring emphasized the importance of stronger amendments to federal environmental laws to protect wildlife from the impacts of climate change and habitat destruction.
Conservation Volunteers Australia (CVA)
Conservation Volunteers Australia (CVA) highlighted the dire situation facing Australia’s wildlife, with a surge in critically endangered species. Stephen McDonald, Executive Manager of Policy and Government Relations at CVA, noted a 50% increase in critically endangered animals over the past two years.
“Our experience in bringing animals such as the Eastern Barred Bandicoot back from the brink of extinction shows there is hope. But the sheer size of Australia – and the problem – means we need more community action, not less,” McDonald said.
CVA released a discussion paper, “Australia en Danger,” to support legislative debate, pointing out the government’s failure to match the new EPA with the necessary reforms to the Environment Protection and Biodiversity Conservation Act.
McDonald criticized the Albanese Government for prioritizing budget savings over saving threatened species, citing the loss of conservation volunteering capacity and funding.
The Albanese Government’s shelving of law reforms and the quiet axing of the nation’s marine litter and environmental disaster volunteering programs have further exacerbated the crisis.
Despite the introduction of the EPA and EIA, conservationists and animal protection advocates argue that without stronger legislative measures, Australia’s unique wildlife remains at risk.
As the debate over the new EPA and EIA continues, organizations like HSI Australia, Vets for Climate Action, and CVA call on the Parliament to strengthen the legislation.
They urge the inclusion of clear, measurable nature positive goals and the closing of existing loopholes and exemptions in relation to forestry, land clearing, and shark culling to ensure the protection of Australia’s imperiled wildlife.
With over 2,000 threatened species and ecological communities facing extinction, the urgency for effective and robust environmental protection laws has never been greater.
Minister for the Environment and Water, the Hon Tanya Plibersek
“Now we’re moving quickly to deliver Environment Protection Australia and Environment Information Australia” Ms Plibersek said.
“Combined with a significant investment in funding, this stage of the reforms will deliver stronger environment protection powers, faster environment approvals, more environment information and greater transparency”.
“These are big steps forward – for the environment and for business – and it’s all new under this Government”.
“We will fully deliver the third stage of reform as we work to make environmental laws less bureaucratic and fit for purpose. We’ve already consulted almost 100 groups, held public webinars which 3,000 people have attended, and received around 2,500 submissions. We will continue this work to get the laws right – for the environment and for business.”
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