Environmental law reform
What happened?
We were promised new nature laws. What happened?
In 2022, we watched as Environment Minister Tanya Plibersek released the long-awaited State of the Environment Report.
For those of us who’ve been paying attention — scientists, farmers, conservationists, climate advocates, and nature lovers — it confirmed what we already knew: Australia’s environment is in serious trouble.
We were hopeful when the Environment Minister, Tanya Plibersek, seemed to see the report as a wake-up call, finally acknowledging what experts and community advocates had been demanding for decades:
“To offer proper protection…will require a fundamental reforming of our national environment laws – and empowering a new Environmental Protection Agency to enforce them.”
But this week, the final chance for reform in this term of government slipped away, as the penultimate sitting week of this electoral cycle closed with a proposed federal EPA left to gather dust on the Senate floor.
What was the plan?
The reform was meant to be divided into three uneven stages:
Stage 1
- Establishing the Nature Repair Market
- Expanding the water trigger to include unconventional gas projects
Stage 2
- Establishing a new federal Environmental Protection Agency (EPA) to manage compliance with Australia’s new laws, and
- An independent head of Environment Information Australia (EIA) to track data and inform decision making.
Stage 3
This stage was intended to focus on (but with no commitment to):
- National Environmental Standards (including appropriate application to Regional Forest Agreements)
- Assessment and approval processes
- A Standard for First Nations Engagement
- Climate change, including the interaction between environment and climate laws
- Exemptions – prior authorisation and continuing use
- Restoration Contributions
What were we promised... and what did we get?
What hasn't changed?
This doesn’t change the fact that Australia is a global deforestation hotspot.
We have one of the worst extinction rates on Earth.
The Great Barrier Reef is collapsing.
The alarming environmental indicators across the board show these are not isolated issues – they’re symptoms of systemic failure.
So, what actually happened? Where are we now?
Stage 1 reforms passed, but the much-touted “Nature Repair Market” has faced heavy criticism regarding its effectiveness. Stage 2 faced significant delays, with its passage through Parliament not even starting until mid-2024. It remains unfinished, its future uncertain as it stalls in the Senate.
One of the most anticipated aspects of these reforms was the creation of a new EPA. However, instead of progressing with a strong, independent agency, the legislation is mired in the Senate, and the Bills introduced lack the independence originally promised.
Meanwhile, the much-needed implementation of environmental standards, which was supposed to be a major focus, was pushed aside. As a result, the long-term structural changes our environment urgently requires remain unfinished business.
The surge of people power: A call for real change
Amid political gridlock and delays, a remarkable wave of people power surged in support of real nature law reform.
Across the country, everyday Australians, mothers, fathers, grandparents, teachers, scientists, neighbours, and friends united in a powerful call for action on nature.
EJA supporters alone made an enormous impact:
- Countless submissions flooded the parliamentary inquiries on the Stage 2 reforms.
- Over 2,400 EJA supporters signed a petition demanding new nature laws.
- More than 50 people called key political figures at crucial moments in the negotiations.
- Prime Minister Anthony Albanese received over 500 emails and over 580 social media notifications calling for action on nature laws.
- And you weren’t alone – hundreds of thousands of advocates across the nation joined in, amplifying the call for change.
Has this reform failed? No. Not yet.
While we have faced setbacks and encountered political resistance, the truth is that this movement has achieved something significant. It has sparked a nationwide conversation, rallied people from every corner of the country, and forced the government to acknowledge the overwhelming demand for stronger environmental protections.
We’ve made noise, we’ve made our voices heard, and we’ve shown that there is a powerful, unrelenting force pushing for change.
The political system has failed to deliver—dragging its feet, bowing to vested interests, and stalling the reforms that are needed. This isn’t a failure of the community; it’s a failure of political leadership.
What's next?
Our work isn’t over yet. The momentum we’ve built must continue, as we push for better laws that will protect the environment for future generations.
The fight is far from finished, and together, we’ll keep pushing for the change our planet so urgently needs.
And as environmental lawyers, EJA will continue to apply and enforce the EPBC Act, while we advocate to reform it.
But to maintain this momentum, we must also acknowledge the critical importance of radical rest—taking time to recharge, reflect, and heal.
The path to this point has been long, and together we have poured immense energy into navigating the ups and downs of this campaign. Frustration, disappointment, and even despair may ripple through the movement, but it is only by prioritising our well-being and our community that we can continue showing up with the resilience needed for the next chapter.
So let's keep going
Let's dust ourselves off and continue working to strengthen Australia’s environment laws so they genuinely protect our environment.
While the current EPBC Act is far from perfect, EJA lawyers will continue to help communities across Australia to use it and enforce it for nature and for all of us.
It’s what we’ve done for decades – and what we’ll keep doing.
But we can’t do it alone. This work depends on the tenacity and generosity of people who, like us, believe in the power of environmental law to hold the powerful to account, to challenge destruction and defend the extraordinary places and creatures we all love.
A new generation of environmental laws that’s fit for today’s climate, extinction and justice crises isn’t easy to achieve – but we’re up for the challenge.
Can you help power more game-changing legal work?
The challenges we face are vast. The time to push for large-scale system change is now.
