Read The Times Australia

Daily Bulletin

here are 7 ways our nature laws must be fixed

  • Written by: Jan McDonald, Professor of Environmental Law, University of Tasmania

Environment Minister Sussan Ley yesterday announced a ten-yearly review of Australia’s national environmental laws. It could not come at a more critical time, as the environment struggles under unprecedented development pressures, climate change impacts and a crippling drought.

The laws, formally known as the Environmental Protection and Biodiversity Conservation EPBC Act, have been in place for 20 years.

Read more: Environment laws have failed to tackle the extinction emergency. Here's the proof

Announcing the review, Ley said it would “tackle green tape” and reduce delays in project approvals. She said the laws must remain “fit for purpose” as our environment changes.

Serious declines in most biodiversity indicators strongly suggest the laws are not fit for purpose. Some 7.7 million hectares of endangered species habitat has been destroyed since the Act was established and the lists of threatened and endangered species continue to grow.

here are 7 ways our nature laws must be fixed Environment Minister Sussan Ley pats a koala during a National Threatened Species Day event at Parliament House in Canberra in September 2019. Mick Tsikas/AAP

The review should ensure Australia’s environmental law achieves what it was designed to do - protect our precious natural places.

The list below reflects the EPBC Act priorities of 70 environmental lawyers and practitioners who were polled by the National Environmental Law Association. Collectively, they have more than 500 years experience of the Act’s operation.

1. Independent decisions with a clear criteria

Under the laws, proponents of activities likely to have big impacts on so-called “matters of national environmental significance” must get federal approval. The minister or a representative makes this decision and, in the overwhelming majority of cases, grants approval.

This approval power should be vested in an independent body to take the politics out of decisions. Criteria for deciding on approvals should be clearer, including thresholds for when applications must be refused on environmental grounds.

2. Take stock of cumulative impacts

A search of the EPBC Act will not find any reference to cumulative impacts, or the need to consider whether approval of one proposal is likely to lead to a raft of new projects being proposed. There is little scope to consider cumulative impacts that might happen in future — only when a new proposal constitutes the straw that breaks the camel’s back.

The Act must do better at considering both how proposed activities and future plans will interact, and the background processes of environmental change and decline.

here are 7 ways our nature laws must be fixed Suburban sprawl north of Brisbane. Environment law experts say the EPBC Act does not take account of cumulative impacts of developments. Dave Hunt/AAP

3. Provide funds for proper enforcement

Improving the content of the Act is one thing, but monitoring, compliance and enforcement are critical. There is little point imposing tough conditions if no one is there to ensure they are met. This demands an ongoing sustainable funding base that is not dependent on political budget priorities.

4. Better data and transparency

Access to information about environmental decisions is essential for good governance. Not all documents and decisions are publicly available. It is very difficult to track down detailed aspects of approval conditions – for example, the detail of the groundwater management and monitoring plan for the Adani coal mine. This is especially important when the department’s capacity to oversee compliance is so constrained.

Read more: Tasmania's Tarkine needs a strategic plan

The Act should consider the need for public registers of all documents and data collected as part of decision-making and monitoring processes, including decisions, approvals, conditions, offset locations, compliance reports and monitoring data.

5. Expand scope of national environmental impact assessment

Commonwealth involvement in environmental approvals is limited to specific “matters of national environmental significance”. Land clearing and climate change are not included in the list of such matters, and are usually considered under state laws.

This means activities that may damage native vegetation or lead to rising emissions are only scrutinised under federal law if they might affect other things, such as threatened species or world heritage places.

Read more: Land clearing on the rise as legal 'thinning' proves far from clear-cut

Also, the Act only seeks to protect water resources when the proposed project is a large coal mine or coal seam gas venture. New triggers are needed to require federal assessment and approval for all activities that might significantly affect water, native vegetation and climate change.

here are 7 ways our nature laws must be fixed Rare black cockatoos in Victoria. The number of threatened species has grown while the EBPC Act has been operating. THREATENED SPECIES RECOVERY HUB

6. Deal with land clearing

Habitat loss is recognised as the primary driver of species decline in Australia. Rates of land clearing have increased dramatically in recent years, despite the operation of the Act.

Stronger protections are needed. These must prevent further clearing of vegetation types that are not adequately conserved in Australia’s system of protected natural areas. In cases where a proponent plans to offset damage caused by their project by restoring land elsewhere, construction should be delayed until work has begun on the restoration project and conservation benefits are occurring.

7. Make strategic assessments truly strategic

Conservation planning and environmental assessment are complex. Major new initiatives can involve interacting influences and trade-offs. The Act’s so-called “strategic assessment” process to some extent accounts for this — for example it might consider development plans across a region, rather than project-by-project.

But strategic planning must occur for a wider range of activities that may have long-term impacts on conservation: for example, the Tasmanian government’s desire to open up the Tarkine region to further mining. The planning must also better consider spatial conflicts and account for future change.

This list is just the tip of the law reform iceberg, but addressing these priorities would be a good start. With only one environmental law expert and no environmental scientist on the newly announced panel, it remains to be seen how these priorities will be addressed, if at all.

Authors: Jan McDonald, Professor of Environmental Law, University of Tasmania

Read more http://theconversation.com/protecting-the-places-we-love-here-are-7-ways-our-nature-laws-must-be-fixed-126021

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

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...

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...

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...