Premier Roger Cook has backed the state’s environmental approvals process to meet national standards, as his federal counterparts unveiled a new statutory body but delayed full legal reform.
Premier Roger Cook has backed the state’s environmental approvals process to meet national standards, as his federal counterparts unveiled a new statutory body but delayed full legal reform.
Environment and Water Minister Tanya Plibersek today announced the federal body, Environment Protection Australia, will be part of the second tranche of the contentious Nature Positive Plan. However, she assured full public consultation on further changes after concerns were raised by industry.
The new body, which will be the first independent national authority of its kind, would have the power to issue stop-work orders, audit businesses on their environmental approval conditions and impose significant penalties on those found to be breaching current environment law.
It will not have the power to approve or reject projects under the current tranche of reform, as previously suggested, with this responsibility retained by the minister.
Serious intentional breaches of federal environmental law could attract fines as high as $780 million or result in seven years’ imprisonment for involved parties.
The federal EPA would be coupled with a $100 million investment designed to speed up the approvals process, which will incorporate elements of business support and collaboration with state entities.
A body designed to improve access to and coordination of environmental data for business and the public will also be set up, to be called Environment Information Australia.
“We’re delivering stronger protections for the environment, including Australia’s first independent national environment protection agency,” Ms Plibersek said.
“We’re also working to support faster, clearer decisions for business. That greater certainty for business will help drive investment in nation-building projects.
“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.”
The initiatives will be part of a package of law reform to be introduced to parliament in the weeks ahead.
The environmental reform had been met with concern in some circles, with fears a federal environmental body could introduce overlapping red tape and make it harder for businesses to achieve approvals; drawing comparisons with last year’s ill-fated Aboriginal Cultural Heritage reform.
Speaking to media in Perth this afternoon, Mr Cook said the staged implementation demonstrated his federal counterparts were listening to industry, but needed to make sure that overlap was avoided.
“We do want to make sure that there’s not too onerous obligations placed on industry,” he said.
“If they get through one gateway on the basis of the environmental credentials of a project, that should be suitable to get them through any government.
“Western Australia is very proud of its environmental and approvals process, and we’re continuing to undertake reform in that area.
“We believe that would receive the Commonwealth government’s tick of approval.”
Changes to the Environmental Protection and Biodiversity Conservation Act have been set aside, to be undertaken as part of a third tranche of reform which will also be subject to broader public consultation. No timeline has been set for its implementation.
In response
The Chamber of Commerce and Industry WA welcomed the commitment to public consultation, after a report it commissioned last year found $318 billion worth of investment was at risk in WA alone if the state was tied up in environmental delays.
Chief economist Aaron Morey said while the CCIWA still had significant concerns over the planned changes, it was encouraging that debate had been opened.
“Industry has been concerned about a lack of clarity when it comes to aspects of the reforms so the government’s commitment to releasing an exposure draft will ensure there is adequate scope for feedback,” he said.
“We will continue to work with government and industry to ensure Australia’s environmental laws are fit for purpose, delivering outcomes for the environment while also protecting our economic and social prosperity.”
Mr Morey said Nature Positive reform had the potential to impact WA more significantly than other parts of the country, given the state’s industry intensity.
“These reforms are dramatic and far-reaching, so it is vital they are delivered in a way that takes into account the economic benefits brought by major projects,” he said.
The view was echoed by Chamber of Minerals and Energy of Western Australia chief executive Rebecca Tomkinson, who said the scale of reform required careful consideration.
Ms Tomkinson said consultation was essential to striking the right balance on federal environmental reform, given the size of the industries it could impact.
She suggested the timeframe set for the establishment of a federal EPA was tight.
“We continue to hold reservations about the proposed decision-making model and will continue to advocate for a model that balances ecologically sustainable development considerations and includes the minister as the decisionmaker,” Ms Tomkinson said.
Minerals Council of Australia chief executive Tania Constable said today’s developments were welcomed but warned of the potential for unintended duplication of approvals.
“Australia has one of the most comprehensive environmental approvals processes in the world and the MCA has been clear about the significant risks of duplicative, complex and uncertain approvals processes pose to the minerals sector, the broader economy and the environment if we do not get this right,” she said.
“The industry remains committed to working constructively with the federal government on these reforms, ensuring that unintended consequences are avoided, there are better outcomes in local communities and that industry can get on with doing what it does best: creating jobs and economic growth for all Australians while supporting the energy transition.”
The Association of Mining and Exploration Companies chief executive Warren Pearce said the group was looking forward to engaging in the consultation process ahead.
"We are waiting for more detail on how the public consultation will work, timeframes and how industry will be involved,” he said.
AMEC was critical of the the federal government's previous approach of "secrecy and closed-door meetings".
Today’s announcement was slammed by Greens Senator Sarah Hanson-Young, who accused the government of bending to the mining sector in weakening its environmental reform plans.
“An environment protection agency without teeth is not a substitute for the powerful watchdog experts have called for,” Senator Hanson-Young said.
“A body with no powers of enforcement cannot even take law-breakers to court, let alone bring the level of reform required to fix the biodiversity crisis.”
