Read The Times Australia

Daily Bulletin

Can Murray Watt fix Australia’s broken nature laws? First stop, Western Australia

  • Written by: Justine Bell-James, Professor, TC Beirne School of Law, The University of Queensland

New federal Environment Minister Murray Watt is in Western Australia this week to reboot nature law reform. Reform stalled in the Senate last term, following stiff opposition from the state’s Labor government and mining sector.

Watt has a big task ahead of him. Labor came into power in 2022 promising large-scale law reform to reverse Australia’s alarming rate of biodiversity loss.

But former environment minister Tanya Plibersek’s tenure ended with Australia’s nature laws in even worse shape than when she started. A last-minute amendment intended to protect salmon farming in Tasmania now limits the government’s power to reconsider certain environment approvals, even when an activity is harming the environment.

But a new leader for the Greens and the Liberals in this term of parliament means Labor’s important push for reform may have better prospects.

What went wrong in Labor’s last term?

When Plibersek announced Labor’s “Nature Positive Plan” in 2022, she committed to a massive overhaul of Australia’s Environment Protection and Biodiversity Conservation Act (EPBC Act).

The ambitious plan involved creating an independent national environment protection agency to enforce national environmental standards. Setting such standards was recommended by the 2020 Samuel Review of the EPBC Act. If legislated, the standards would shift decision-making under the act from being a highly discretionary process to one focused on outcomes for the environment.

In December 2022, Labor was talking up its plan to fix Australia’s ‘broken’ environmental laws. (ABC News)

An early draft of the new legislation was presented to key stakeholders at closed-door consultation sessions. They included environmental non-government organisations, research groups and peak bodies for the minerals and development sectors. The draft did a pretty good job of capturing the components of the Nature Positive Plan.

However, Plibersek’s proposal was unpopular with some, including WA Premier Roger Cook and the mining lobby. Freedom of Information laws revealed major players in the mining sector wrote to Prime Minister Anthony Albanese asking him to intervene.

In the face of these difficulties, Plibersek pivoted. In April 2024, she announced nature reforms would instead be delivered in three phases. The first was the Nature Repair Market, which had already been legislated. The second was three bills to be introduced to parliament. The third phase would happen at some point in the future.

The bills sought to create two new bodies, Environment Protection Australia and Environment Information Australia, to inform decision-making. A third bill contained some improved compliance and enforcement mechanisms. However, the centrepiece of the initial reforms – the new environmental standards themselves – were missing. This sparked criticism, as the EPA would simply be enforcing the same ineffective laws that currently exist, and would not have project approval powers until some later amendments were passed.

Presumably, Plibersek switched to a three-stage process hoping the stage-two bills would pass through parliament with a minimum of dissent. This would leave the more contentious standards as a problem to be dealt with further down the track.

However, even the watered-down proposal was unpopular. The bill stalled in the Senate, criticised as both too weak and too strong by opposite sides of the political spectrum. And once again, the mining lobby intervened. Albanese signalled a willingness to remove approval powers from the EPA, leaving decisions with the minister.

Plibersek eventually managed to secure support from the Greens to get the bills through the Senate, but Albanese killed the deal at the eleventh hour in November last year. At the time, Labor’s prospects for the federal election were looking shaky, and Albanese saw the decision as a way to shore up support in WA.

What are the chances of success now?

The failure of the Nature Positive Reforms in Labor’s first term came down to one crucial factor: politics. With a fresh election win, a decisive majority, and a new environment minister, will things be different?

In his first interviews after winning the election, Albanese said he wants a federal environmental protection agency that “supports industry, but also supports sustainability”. This suggests there may be a green light for Watt to at least push for this aspect of the reforms to be revived.

What about the more ambitious parts of the reform, including National Environmental Standards? This is something Watt could potentially push for.

In an interview on Monday, Watt said both options are on the table: widespread reform, or the pared-down version Plibersek took to parliament. Watt said he wants “to approach the reforms in the spirit of Graeme Samuel’s recommendations”, which suggests he’s open to new standards.

Indeed, when new Opposition Leader Sussan Ley was environment minister, she tried to push through legislation incorporating similar standards. Watt could use this to garner crossbench support.

Watt also has a new Greens leader with whom to negotiate. Senator Larissa Waters, a former environmental lawyer, understands the complexity of the EPBC Act better than most.

With the Greens holding the balance of power in the Senate, Waters might push for any proposed laws to be strengthened – perhaps by bringing back the standards.

Watt said he will reach out to Ley and the Greens to see if they’re “prepared to work with us to get these reforms passed”.

Watch this space

At this stage, Watt is resisting pressure to rule out giving a future EPA the power to approve major resources projects. Everything is still up for discussion.

Ahead of Tuesday’s meeting, Cook said he would push Watt to consult widely before making any decisions and avoid duplicating existing state laws.

Watt says his job now is to listen, before finding a way forward. But “the very biggest priority is to pass these reforms”, this term, whatever it takes.

Authors: Justine Bell-James, Professor, TC Beirne School of Law, The University of Queensland

Read more https://theconversation.com/can-murray-watt-fix-australias-broken-nature-laws-first-stop-western-australia-257000

Business News

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Thermoplastic vs. Paint: The True Long-Term Cost Comparison

Line marking looks like a simple line item on a school maintenance budget, until the true cost of ...

Why Vetting Beats Volume: The Real Story Behind Australia's Growing Applicant Pools

On paper, hiring should be getting easier. Job ads across the country are pulling in more applicat...

Moving Out of a Rental in Melbourne? A Practical Moving Checklist

Moving out of a rental in Melbourne is one of those things that always feels further away than it ...

Why a Cordless Rebar Tying Machine Is a Smart Investment for Australian Construction Projects

Tying reinforcing steel by hand means spending hours bent over while making the same twisting moti...

How to Get a Document Notarised in Sydney: What to Bring, What It Costs and How Long It Takes

If an overseas bank, embassy, university, employer or land registry has asked you for a notarised ...

The 2026 Used-Car Market

For a few strange years, the used-car market rewrote its own rules. Supply shortages sent second-h...

Why CCTV Alone Is Not Enough for Modern Business Security

Cameras are usually the initial step that companies take to strengthen their physical security. If...

Top 4 Wheelchair Ramp Providers in the Boulder Area

Finding the right wheelchair ramp in Boulder will feel like a turning point. Whether you are plann...

Why Every Workplace Should Take Emergency Preparedness Seriously

Emergency planning is one of those things many workplaces know they should think about, but it oft...