The Australian government is rushing to pass an overhaul of the Environment Protection and Biodiversity Conservation (EPBC) Act. They hope to release the reformed legislation by the end of 2023, six months ahead of schedule. Environment Minister Murray Watt has laid out the importance of this overhaul. It is particularly important to the government’s efforts to deliver more homes, reduce emissions and increase government-wide productivity. The EPBC Act has a central place in the landscape of environmental protections that intersect with numerous other sectors. It has been mostly stagnant for more than two decades.
This acceleration is very much needed with over 30,000 projects waiting in a backlog. These are housing, renewable energy and resources initiatives currently waiting for a click of approval under the current EPBC Act gloss. In response, the federal government has controversially pledged to build 1.2 million homes over five short years. At the same time, it has committed to increasing emissions by 43 percent by 2030, so resolving these remaining projects is essential.
Government’s Commitment to Reform
Minister Watt has been an unapologetic champion in moving these reforms. Since being sworn in three months ago, he’s convened more than 40 meetings and public forums with advocates, residents and stakeholders. His commitment is evident as he stated, “We are answering that call by significantly accelerating these reforms.” This great new initiative charges directly at that backlog. It does restore and enhance environmental protections while maintaining a timely, predictable project approval process for all projects.
In parallel with speeding up the legislative process, the government promised to create a national environment monitor. Like many others, this new oversight body has won the support of a wide variety of business groups. If so, they argue, then the minister should retain the final decision-making authority. Past efforts at reform had run into heavy headwinds. Once again, the Coalition and the Greens weren’t willing to budge to allow these needed changes to progress during the last parliamentary term.
Watt acknowledged the previous criticisms of the EPBC Act, stating, “Four years ago, the Samuel Review told then-environment minister Sussan Ley that federal environmental laws weren’t working for our environment or for business.” This reflection points to an urgent need for reform in a system that is widely viewed by all parties involved as broken and non-functional.
Bipartisan Efforts and Stakeholder Engagement
Shadow Environment Minister Angie Bell welcomed the federal government’s announcement to fast track the reform of the EPBC Act. She emphasized the importance of collaboration in achieving effective reforms: “The door is open, and we welcome the opportunity to work with the government in a bipartisan way on this legislation.” In her loudest voice, she criticized the lack of activity in advance of this move. To her, it was too little too late after that “more than three years of inaction.”
Bell’s statements reveal an emerging mood among stakeholders who are quite understandably hungry for action. During a recent roundtable discussion, it became apparent that there is strong support for urgent reforms aimed at providing better environmental protections while facilitating quicker project approvals. The Senator reiterated this sentiment: “It was clear from last week’s round table that there is very strong support — across business, environment and community representatives — for serious and urgent reform.”
Watt has been very proactive in getting over to Western Australia on numerous occasions. While there, he was able to meet with Premier Roger Cook and other local leaders. Reforms are fleshed out in the details. These interactions highlight the government’s seriousness in creating a true demand-oriented approach focused on regional needs and priorities.
Addressing Challenges Ahead
While there is much to be optimistic about with these reforms, several major hurdles still exist. Unanticipated delays for a wide project backlog still prevent advancement in critical sectors like housing and renewable energy. As Minister Watt works towards implementing changes, he will need to navigate complex stakeholder interests and balance environmental protections with economic growth.
The establishment of a strike team aimed at sorting through the backlog signals proactive steps toward alleviating delays in project approvals. Their target will be to speed their projects to the front of the queue — those projects that can be approved the quickest, without compromising on acceptable environmental standards.
