Lawyers warn Prime Minister Albanese’s plan to rush contentious legislation through parliament next week to protect Tasmania’s salmon industry could have far broader implications.
Environmental Justice Australia co-chief executive officer Elizabeth McKinnon says:
“Proposing new Commonwealth laws to protect a particular industry in a particular harbour in Australia is an extraordinary example of the power of corporate interests in Australia, at the expense of community rights.”
“Not only has the Albanese Government backed away from its promise to fix the broken environment laws in this country – it’s now quietly removing the ability of community members to scrutinise harmful projects.”
“We fear this isn’t just about salmon farming but represents a backdoor way to achieve alarming widescale rollback of environmental protections in federal law.
“These changes to Australia’s national environment laws could gut the ability of community and environment groups to challenge destructive projects – from new coal and gas projects to deforestation or salmon farms.”
“These laws exist to protect our environment from harmful projects, not to rubber-stamp destruction.”
“These changes risk going beyond salmon farming and limiting the powers of community and conservation groups to challenge past decisions – including on coal, gas and deforestation projects - that have allowed developments to go ahead.”
BACKGROUND
Prime Minister Anthony Albanese has said he will pass legislation next week to protect Tasmania’s salmon industry from a legal challenge over the industry’s impact on the endangered Maugean skate.
The bill – an amendment to the Environment Protection and Biodiversity Conservation Act (EPBC Act) – is listed to be introduced next Tuesday, 25 March, the day Treasurer Jim Chalmers will deliver the federal budget.
However, it has been reported this move might have broader implications and apply to all kinds of projects under the EPBC Act. Prime Minister Anthony Albanese is yet to publicly refute this.
By law, major projects go through a two-step assessment. First, the environment minister identifies what nationally protected animals, plants, habitats and places a project could impact. Then, from that list (called “controlling provisions”), the Minister assesses the severity of those risks and whether the project should go ahead.
This process is crucial. If there’s ‘substantial new information’ about environmental risks – like fresh scientific data on climate change or new threats to vulnerable species – the Minister must reconsider what’s at stake before approving a project.
For comment or background please call EJA Senior Media Advisor Miki Perkins on 03 8341 3110 or [email protected]
Environmental Justice Australia is a national public interest legal organisation. For more than 30 years, EJA has used the law for safe climate, thriving nature, environmental justice and a radically better world.
