In a dissenting report to the senate committee inquiring into legislation to set up a new regulator, Environment Protection Australia (EPA), ACT Independent Senator David Pocock has put forward nine recommendations to strengthen its independence and integrity and start the process of fixing our broken environmental laws.

Reflecting the weight of evidence from experts, NGOs and peak bodies ranging from the Law Council, to the Australian Academy of Science, Senator Pocock argued that the EPA must be truly independent with its own board and the power to appoint the CEO.

On the same day, alongside crossbench colleagues, Senator Pocock wrote to the Prime Minister and Minister for the Environment and Water, Tanya Plibersek to offer a pathway through the senate.

Without simple changes, including closing a loophole that prevents an EPA from looking at native forest logging, Senator Pocock said the Nature Positive bills should not pass.

“The government is faced with a choice - side with the senate crossbench to improve and pass a strong EPA and better environmental laws, or water down an already weak regulator with support from the Coalition.” Senator Pocock said.

“The proposed design of EPA falls well short of the best practice model of an environmental regulator. To be effective, it must be independent, guided by clear objectives and subject to transparency in line with community expectation.”

Senator Pocock said it was a tragedy to see yet another government failing to fix our broken national environment laws and protect the incredible ecosystems and species that make this continent what it is. 

“It is incredibly disappointing, after all the promises that were made, to see meaningful environmental reform kicked down the road by the Albanese Labor government,” Senator Pocock said. 

“Environment Protection Australia and the Environment Information Australia will be responsible for enforcement and monitoring of our environment in line with fundamentally broken nature laws.

“The delay in fixing our broken national environmental laws means the ‘Nature Positive Bills’ must be amended now to improve  them if there is any hope of halting and reversing the declining state of our environment. They should not be passed in their current form.

“It’s not enough to say they will end extinctions, the government needs to take the tough measures necessary to make that happen.”

A summary of Senator Pocock’s recommendations is below and a copy of the full dissenting report is available at: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/NaturePositivebills/Report/Senator_David_Pococks_Dissenting_Report

Summary of recommendations:

1. Amend Schedule 2 of the Nature Positive (Environment Law Amendments and Transitional Provisions) Bill 2024 to bring forward amendments to close the loophole exempting native forest logging from the Environment Protection and Biodiversity Conservation Act 1999.
2. Amend Schedule 2 of the Nature Positive (Environment Law Amendments and Transitional Provisions) Bill 2024 to include the following amendments to the Environment Protection and Biodiversity Conservation Act 1999:
   1.  Repeal the exemption for continuous uses of land in section 43B of the EPBC Act; and
   2. Add new provisions to compel referral and assessment of planned deforestation greater than 20 hectares in threatened or migratory species habitat, a threatened ecological community, or in Great Barrier Reef catchments, and require the assessment and approval decisions to consider the cumulative impacts of a native vegetation clearing on each threatened species or listed MNES impacted.
3. The Nature Positive (Environment Protection Australia) Bill 2024 should be amended to ensure the independence of the Environment Protection Australia by requiring an independent governance board. The functions of the Board should include the appointment of a Chief Executive Officer.
4. The Nature Positive (Environment Protection Australia) Bill 2024 should be amended to establish clear objectives for the EPA in the exercise of relevant functions, powers or duties. These objectives must include: to enhance the protection and restoration of Australia’s environment, and prevent the degradation of the environment and reduce risks to human health.
5. The Nature Positive (Environment Protection Australia) Bill 2024 should be amended to set out clear, legislated duties for the EPA. Duties must include a duty to protect the environment and human health from the harmful effects of pollution, destruction, degradation and waste, through assessment, enforcement, monitoring, reporting and standard setting.
6. The Nature Positive (Environment Protection Australia) Bill 2024 should be amended to increase transparency and accountability by establishing a legislative presumption in favour of publication of key information and decisions, including delegation of functions and powers by the Minister to the EPA.
7. The Nature Positive (Environment Information Australia) Bill 2024 should be amended to include a definition of nature positive in accordance with the internationally accepted definition.
8. The Environment Protection and Biodiversity Conservation Act 1999 should be amended to create a legislated definition of ‘unacceptable impacts’ on a matter of national environmental significance and a requirement that the Minister cannot approve an action which will have unacceptable impacts.
9. The impact of climate change on the Australian environment must be captured in national environment laws. The bills should be amended to include amendments to the Environment Protection and Biodiversity Conservation Act 1999 requiring full disclosure of all direct and indirect emissions likely to be caused by projects seeking approval under the Act, and an explicit requirement to consider the climate impacts of these projects should be included in the assessment and approval provisions of the Act.