Posted: 2024-04-16 03:41:55

Plans for a new national environmental protection body will be introduced to parliament in the next few weeks, but Environment Minister Tanya Plibersek's promise of wholesale reform of the nation's environmental laws has been deferred indefinitely.

The federal government wants to set up the Environment Protection Agency (EPA) as an independent body to enforce decisions made under environment laws.

It would be able to issue stop-work notices, fines and be able to audit businesses to check their compliance with developments approvals, as well as oversee enforcement of other environmental laws such as animal trafficking, recycling and sea dumping.

There would also be a new body called Environment Information Australia, which would collate environmental data to inform government and businesses.

But it is not clear if the government will deliver on its commitment to comprehensively reform the nation's main environmental protection laws, the Environment Protection and Biodiversity Conservation (EPBC) Act, in this term of government.

A comprehensive review of the EPBC Act in 2020 by former ACCC chair Graeme Samuel recommended sweeping changes, including introducing national environmental standards, to be implemented within two years.

Labor criticised the then-Coalition government for attempting to introduce piecemeal legislation tackling only some of the recommendations of the Samuel Review.

In 2022, Ms Plibersek promised to introduce draft laws for comprehensive reform by the end of 2023, a deadline that has long passed.

While Ms Plibersek insists the government is committed to further reform, she has declined to say when that will happen.

"Our government is doing more than ever to protect our country's natural treasures, native plants and animals, so Australians can continue to enjoy our lifestyle in the great outdoors," she said.

Rainforest covered headland juts into sea

Ms Plibersek has framed the new EPA's purpose as to protect Australia's 'natural treasures', such as the world heritage-listed Daintree rainforest.(ABC News: Brendan Mounter)

"When I first announced the Nature Positive Plan, I said it would take a bit of cooperation, compromise and common sense to deliver. That's exactly how we're approaching the rollout."

Environment groups have responded with frustration at the lack of progress on improving environmental protection in Australia.

Dave Copeman, director of the Queensland Conservation Council, criticised the government for proceeding with "the creation of a federal EPA without all the tools it needs to protect nature".

Likewise, the head of Environment Tasmania, James Overington, questioned the value of proceeding with a new EPA without new environmental standards and protections.

"We are struggling to see how there will be any reliable benefits to nature," he said.

The federal government is also promising to invest $100 million over four years to speed up environmental approvals, particularly for applications for renewable energy and critical minerals projects.

Both business and environment groups have been critical of the lengthy approvals processes, but views on how best to improve the process are very different.

Greens environment spokesperson Sarah Hanson-Young said the government had "caved into the mining industry and the loggers and the big polluters" by failing to deliver new environmental standards.

But Senator Hanson-Young declined to say whether the Greens would support the establishment of an EPA in the Senate.

"We'll obviously wait to see all the legislation and we'll go through it with a fine tooth comb. But we are not going to back any moves that further weaken Australia's environment laws," she said.

She said Tuesday's announcements of better data collection and transparency were "of course welcome" but "not reform", and said fines may not be enough to stop environmental damage.

"Sure it's a fine, but if you've already destroyed the koala habitat, it doesn't make much difference to Blinky Bill," she said.

"[It's] a weak response to the environmental devastation we know is happening across the country."

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