Australian Greens' Dissenting Report

1.1In 2023, a record number of species were added to the national threatened species list—a total of 144. Yet under our current environment laws, more than seven million hectares of threatened species habitat has been destroyed. In 2023, global emissions hit record highs. Yet under our current environment laws, over 740 fossil fuel projects have been approved[1]—including eight under the current minister.

1.2Habitat destruction and climate change are two of the greatest threats to the survival of Australia’s wildlife, yet our current environment laws do nothing to stop either of them. Instead, they facilitate native forest logging and climate damaging projects without assessment.

1.3The need to fix our environment laws has long been clear and has only become more urgent. We need laws that are up to the job of protecting our environment over profits—that stop extinctions and protect threatened species habitat, that assess coal and gas projects for their climate impacts and ensure the rapid rollout of renewable energy. Significant time and resources have been committed by experts and stakeholders to equip the Government with what they need.

1.4Instead of protecting nature, the Albanese Government broke its promise to fix our environment laws in this term of Parliament and indefinitely delayed critical reforms. This means making our wildlife wait, while continuing to approve more destruction and pollution for longer.

1.5Critical cultural heritage legislation has also been indefinitely delayed. An Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), by Professor Graeme Samuel AC, was clear that the EPBC Act does not support the decision making of First Nations people, including their views, knowledges and their aspirations for their own land and sea. First Nations people are entitled to expect stronger national protections of their cultural heritage and the Albanese Government must be clear about its timeline for consultation and introduction of standalone cultural heritage legislation.

1.6The legislation before us does nothing to deal with the dual biodiversity and climate crises we are facing. Without strong laws to enforce, an Environment Protection Agency (EPA) will not have the powers it needs to protect our environment.

1.7It is extremely concerning to see Labor indicate its willingness to work with the Coalition to weaken these powers even further and make the EPA compliance only, in the name of protecting the profits of the destructive mining and logging industries. This shows a total lack of conviction from this Government to do the right thing by nature and keeping its promise to the community.

1.8Our laws could be strengthened right now to better protect Australia’s environmental and cultural heritage. Removal of exemptions for deforestation would end the sanctioned destruction of critical threatened species habitat that has been occurring for decades. Integrating climate considerations into decision-making and approvals would ensure that one of the biggest threats to the survival of our native wildlife is considered in the laws that are supposed to protect them.

1.9While the legislation before us represents a broken promise, there is still an opportunity to implement the urgent reforms nature needs right now. Australians voted for stronger environment and climate protections at the last election, and the Greens are willing to work with the Labor Government on strong reforms that protect nature now.

Recommendation 1

1.10 This package of bills is insufficient and fails to protect Australia’s environment. The Senate should amend this legislation to implement stronger protections for forests, critical habitat and the climate.

Senator Sarah Hanson-Young

Deputy Chair

Footnotes

[1]Climate Council, Beating Around the Bush: How Australia’s National Environment Law Fails Climate and Nature, p. 24.