Australia has the awful title of being the world leader in mammal extinctions and is the only developed country considered a deforestation hotspot.

Environmental law reform is a once in a generation opportunity to halt and reverse biodiversity decline, an opportunity to protect the places and species we love and make this continent so unique. The Albanese Government’s Environment Protection Reform Bills need a lot of work to be up to that task.

Last Wednesday, ACT Independent Senator David Pocock held a series of roundtables, attended by nearly thirty representatives from NGOs, industry groups, scientific bodies and legal organisations. The purpose of the roundtables was to continue consultation, understand where there is agreement and consider what changes are necessary to protect the environment while meeting the needs of industry. Over the past fortnight, Senator Pocock has also attended hearings of the senate inquiry into the bill, hearing evidence from experts about the need to take the time to get the reforms right from groups across Australia.

“It’s clear from consultation that substantial changes are needed to make these reforms halt and reverse the ongoing decline in Nature and ensure there is more certainty for business,” Senator Pocock said.

Based on the feedback received, Senator Pocock has outlined a detailed series of 15 changes that would improve the laws so they actually protect nature, while making it easier to do business in Australia. He has written to the Prime Minister and Minister Watt outlining the proposal and offering support for the bill in return for agreement on the proposed amendments. 

“Reforming our environmental laws is critical and long overdue but detailed consultation has led me to a position that, without significant amendments to the bills, I can’t back these reforms,” Senator Pocock said

“We have a once-in-a-generation chance to get these reforms right, and I urge the Government to listen to the feedback and take the time to ensure that these laws actually do what is promised. 

“We are part of nature. The decline of nature impacts us as a species and future generations will judge this parliament on how we respond to the ongoing and catastrophic decline of nature. 

“Our duty is to protect the places and species we love so that our children and grandchildren can benefit from this incredible continent. This is the Government’s chance to deliver for this incredible continent, for all of us, for our children and for future generations.”

Senator Pocock said there is overwhelming community expectation here in the ACT that the Government will deliver strong, effective laws.

“I will continue to work with the community and with organisations across Australia to reflect the strong desire for laws that actually protect nature. The Government has support in the parliament for reform that protects nature and must get it right.”

Amendments Senator David Pocock is proposing:

1. Remove the carve out that excludes Regional Forest Agreements from the laws.
   
   
2. Remove the carve out for land clearing under the continuations of use and prior authorisation exemptions.
   
   
3. Tighten the national interest test in line with recommendations made by Professor Graeme Samuel in his submission to the inquiry into the bill, and exclude fossil fuel projects from the test.
   
   
4. Remove subjectivity in tests around the application of National Environmental Standards and scientific criteria.
   
   
5. Legislate a requirement and timeframe to deliver a National Environmental Standard for First Nations engagement and a National Environmental Standard for Community consultation.
   
   
6. Provide safeguards to ensure that offsets are only used where like-for-like offsets are demonstrably available.
   
   
7. Remove the ability of the Minister to devolve approval powers to states and territories.
   
   
8. Provide safeguards around the streamlined approvals process and exclude fossil fuel projects from that approval pathway.
   
   
9. Establish a duty for the minister to consider the impact of projects on climate change.
   
   
10. Limit the rulings power in the bill to procedural clarifications only and explicitly prohibit rulings from overriding or substituting for Standards or formal accreditation processes.
    
    
11. Remove the 28 day limit on reconsideration requests and reinstate the Minister's power to reconsider adetermination older than five years.
    
    
12. Improve and clarify the definitions of unacceptable impact and net gain to provide greater certainty and ensure adequate protection of the environment.
    
    
13. Establish a truly independent National EPA with an independent board and a CEO appointed by the board.
    
    
14. Stop work orders should be open to review and appeal, ensuring the stop work orders remain in force during the review and appeal process.
    
    
15. Increase flexibility around sunset periods for non-controlled actions.