Australia’s Efforts to Establish a New Independent Environmental Oversight Agency
The new Environment Protection Agency now has the authority to levy maximum fines of $780 million or impose a jail term of 7 years for serious violations of federal law.
A newly established federal environmental protection agency and data center will be created to monitor and enforce compliance with ecological regulations by large corporations as part of extensive changes to environmental oversight in Australia.
Announced on April 15 by Environment Minister Tanya Plibersek as part of the Nature Positive Bill, the formation of Environment Protection Australia (EPA) aims to oversee enforcement of environmental breaches related to development, animal trafficking, sea dumping, and recycling. The agency will also have the authority to issue stop-work notices and conduct compliance audits during development processes.
The maximum penalties for significant breaches of federal law have been raised to $780 million or a jail term of seven years. Currently, each state and territory has its own EPAs responsible for regulating industries, monitoring environmental quality, and enforcing environmental laws. The new agency will initially operate within the Department of Climate Change, Energy, Environment, and Water.
Following an independent review by Professor Graeme Samuel AC in 2021, the establishment of the new EPA originated from recommended reforms to the Environment Protection and Biodiversity Conservation Act 1999 aimed at reducing political interference at the state level.
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The review’s 38 key findings propose the establishment of National Environmental Standards to ensure a consistent and robust approach to compliance and enforcement of decisions under the EPBC Act or accredited arrangements.
Other recommendations include state governments shifting focus from individual project approvals to clear outcomes integrated into national and regional plans for environmental preservation and sustainable development.
The head of the EPA will be a statutory appointment to prevent state interference in domestic projects, and the agency will receive a $100 million allocation to expedite approval processes for projects centered on renewable energy and mineral extraction.
New Data Agency
In addition to the EPA, Ms. Plibersek also introduced the Environment Information Australia (EIA), an online database that will offer real-time environmental data to the government and businesses to facilitate quicker decision-making and streamline project development.
The EIA will publish State of the Environment reports every two years instead of the current five-year interval.
Although the Minerals Council of Australia (MCA) supports the creation of EIA, it expressed caution regarding potential unintended consequences resulting from increased bureaucracy.
In comments to Argus Media, Chamber of Minerals and Energy of Western Australia (CMEWA) CEO Rebecca Tomkinson welcomed the changes but raised concerns about agency overreach.
“We maintain reservations about the proposed decision-making model and will advocate for a model that balances considerations for ecologically sustainable development and includes the environment minister as the decision-maker,” Ms. Tomkinson stated.
“Australia boasts one of the most comprehensive environmental approval processes globally, and the MCA has spoken clearly about the substantial risks posed by duplicative, complex, and uncertain approval processes to the minerals sector, the wider economy, and the environment if not properly addressed.”
Environmental Groups Not Happy
Despite the $100 million funding aimed at renewables and assurances from Ms. Plibersek about government efforts to safeguard Australia’s ecosystems, wildlife, and critical habitats, environmental organizations express frustration over limited progress.
Changes to the Environment Protection and Biodiversity Conservation Act were anticipated following recommendations from the Samuel review. However, Dave Copeman, director of the Queensland Conservation Council, criticized the creation of the federal EPA, stating it lacks essential tools for nature protection.
James Overington, head of Environment Tasmania, commented that the establishment of the new EPA will yield no reliable benefits to the environment.
“We are finding it difficult to see how there will be tangible benefits to nature,” he remarked.
The government’s Nature Positive Plan’s second phase will be introduced in the coming weeks, yet Opposition Leader Peter Dutton criticized the measures, calling the bill detrimental to mining and expressing concerns about its impact on development and the economy.
The bill’s passage requires support from the Greens, but their environment spokesperson Sarah Hanson-Young denounced the legislation, claiming it favored mining and logging interests at the expense of environmental protection.
