The Senate inquiry into the government’s environment bills has exposed the urgent need for an independent Environment Protection Agency (EPA) backed by laws that can protect Australia’s endangered species from rampant deforestation and address the climate crisis.

Environmental Justice Australia welcomes the modest improvements to the nature law reform bills put forward by government in the Senate Report, in particular the recommendations for an improved definition of ‘nature positive’ and better incorporation of First Nations environmental knowledge.

However, the most pressing improvements canvassed in the inquiry report still need government attention. 

Environmental Justice Australia senior counsel Danya Jacobs says:

"Government should work with the crossbench to deliver an EPA with integrity, close loopholes that allow rampant deforestation and destruction of critical habitats and embed climate considerations in fossil fuel project decisions."

"We encourage the Senate to reach agreement on crucial integrity measures canvassed by the crossbench in the Inquiry Report, particularly to ensure the EPA is led by an independent board and guided by clear objectives that will ensure the EPA delivers ‘nature positive’ outcomes."

"The term ‘nature positive’ must be more than just a namesake for the bills. Halting and reversing threatened species decline should be a guiding objective for the EPA.” 

CLEAR PATHWAY

Earlier today, the Senate crossbenchers, including the Greens, Senator Lidia Thorpe and Senator David Pocock, laid out a clear pathway for passage of the bills and called on the government to accept key reforms to the EPBC Act to:

• Address deforestation by closing the loopholes on the Regional Forest Agreements (RFAs) and ensure appropriate referral and assessment of land clearing that in destruction of critical threatened species habitat;
• Integrate climate considerations into environmental assessments and
• Greater inclusion of First Nations knowledge in environmental assessment and decision making.  

Environmental Justice Australia senior counsel Danya Jacobs says:  

“These are sensible proposals that target some of the gaping holes in our national nature laws at a time when government has said that the comprehensive legal reforms we all know are needed won't come in this term.” 

“We need to close the loopholes in our laws that allow native forest logging to go unchecked in critical habitat for threatened species like the greater glider and swift parrot. We also need to ensure rampant deforestation in Australia's north undergoes proper assessments for its harm to threatened species.”  

ROBUST WATCHDOG

EJA says a robust and independent EPA is critical to improving the environment in Australia. It is also critical for restoring public trust in how we care for the environment, shifting decisions away from politics and towards science.  

Sadly, the bills in the form passed by government in the House do not deliver this EPA. Instead, they would create an unaccountable agency vulnerable to the same vested interests and political interference that have caused the shocking rates of species decline and extinction we face.  

The Senate inquiry report has identified several deficiencies in the Bills as they were proposed and set out the solutions needed to deliver a “robust and independent Environment Protection Agency” with the ability to take meaningful steps to address the extinction crisis. 

We strongly encourage the Senate to carefully consider and adopt crucial improvements to the bills recommended by the cross-bench, many of which were also drafted into amendments to the bills that were proposed to the House. 

There are four areas of improvement that should be delivered with straightforward amendments at this stage of reform, as identified in the inquiry report and by cross-bench recommendations:

• The EPA needs to be led by an independent board of qualified members, and it also needs a set of clear legislative duties and purposes, including duties to deliver nature positive outcomes and halt and reverse threatened species decline.
• The exemptions for native forest logging, via RFAs, should be repealed and solutions are needed to ensure deforestation in the North is subject of impact assessment and EPA decision-making, with the EPA required to consider cumulative impacts of native vegetation clearing.
• Improvements to protection of critical habitat are urgently required.
• When deciding on approvals for new fossil fuel projects, the EPA needs to consider the total greenhouse gas emissions of the project – including emissions from burning that coal and gas overseas. The EPA should also be empowered to reject new fossil fuel projects that have unacceptable climate impacts – such as those inconsistent with Australia’s emissions reduction targets in the Climate Change Act.

CONTACT: Miki Perkins on 03 8341 3110 and [email protected]