Proposed new environmental watchdog could be given blunter teeth

The Federal Government’s proposed new environmental watchdog looks like having its powers watered down before it even gets up and running.

New laws to create Australia’s first independent national environmental protection agency have been introduced to parliament, with the authority to be known as the Environment Protection Australia.

But Anthony Albanese has hinted this week that the government is prepared to strike a deal with the opposition in order to get the legislation passed without having to cave into demands from the Greens.

The intention is for the EPA to come into effect from July next year and administer Australia’s environmental protection laws to better protect nature while supporting sustainable development.

The new agency’s remit will include stronger powers to ensure effective compliance and enforcement.

Environment Minister Tanya Plibersek outlined plans for the EPA in April, with legislation introduced in June.

It was part of the second stage of the Federal Government’s Nature Positive Plan. It allowed for massive fines of up to $780 million or jail terms of up to seven years to deter intentional and serious offenders against the nation’s environmental laws.

“We’re delivering stronger protections for the environment, including Australia’s first ever independent national environment protection agency,” Ms Plibersek said when announcing the EPA.

“We’re also working to support faster, clearer decisions for business. That greater certainty for business will help drive investment in nation-building projects.

“When I first announced the Nature Positive Plan, I said it would require cooperation, compromise and common sense to deliver. That’s exactly how we’re approaching the rollout.”

However, the rollout is proving more difficult than the government anticipated.

While visiting the mining-reliant state of Western Australia on Monday (2 September), the Prime Minister suggested in one interview that the EPA might, in reality, become a little more business-friendly than the legislation initially intended.

“One of the things we’re considering is whether the new EPA would be compliance-only,” Mr Albanese told The West Australian newspaper.

In doing so, he suggested the EPA’s task could be enforcing existing environmental protection laws only without the initially intended powers to approve and reject mining and development projects.

The PM all but challenged Opposition Leader Peter Dutton to pass the legislation if the government agrees with industry calls to curtail some of the EPA’s powers.

It would be hard for the Opposition to refuse the offer as the watering down would bring it back similar to the former Coalition government’s environmental protection approach.

Shadow environment minister Jonathan Duniam told Sky News that the Coalition was indeed in talks with the government about the legislation.

Describing his discussions with Ms Plibersek as “a good, frank conversation around where we are at”, Senator Duniam said a compromise was on the cards, but there was “a long way to go” before an agreement could be reached.

“All we’re talking about here is a new bureaucracy,” he said.

“Labor called it a tough cop on the beat, but now they’re apparently willing to water it down to really be nothing more than a name and logo change.

“It rather makes a mockery of their agenda here.”

Some environmental groups are describing the development as a betrayal. Greenpeace has expressed “deep alarm” at the news.

Greens leader Adam Bandt said Labor would lose all environmental credibility if it does a deal with the Coalition to further water down the laws.

The Greens had already described the EPA announcement in April as a broken promise as the news did not include details of a planned overhaul of national environment laws.

“This is a broken promise that sells out our environment and the millions of Australians who want faster climate action,” Greens environment spokesperson Senator Hanson-Young said at the time.

“The government has dumped their election promise to reform Australia’s environment laws and instead rolled over for the fossil fuel industry, which wants faster and easier approvals for polluting and damaging new coal and gas projects.

“An environment protection agency without teeth is not a substitute for the powerful watchdog experts have called for.”

Giving the EPA even fewer teeth, as now looks likely, is infuriating the Greens even more – not least because the government appears to be cutting them out to strike a deal with the Coalition over legislation as it did recently with the CFMEU administration bill.