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

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

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand mana...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...