Nature Positive Laws and Climate Change
Helen Thompson ACF Community Chisholm
Existing fossil fuel projects are sufficient to meet projected energy needs in a global transition to net zero. University College London and Institute for Sustainable Development (Science May 2024)
On 28 May, the Albanese government’s new environment minister, Murray Watt, approved Woodside’s North West shelf gas extension until 2070, subject to certain environmental conditions. Woodside was given ten days to respond.
It is unlikely that the project will be rejected. It is certain, however, that over the next 45 years the project will produce millions of tonnes of emissions world-wide and Woodside will do little to lessen the massive negative environmental consequences. The project could destroy Scott Reef and a large collection of ancient rock art petroglyphs; and smother planet earth in 80 million tonnes of greenhouse gas every year*, out to 2070.
How can this happen given Australia has an Environment Protection and Biodiversity Conservation (EPBC) Act?
The EPBC Act 1999 purports to ‘protect our unique plants, animals, habitats and places’. In his review in 2019, Professor Graeme Samuel described the Act as an ‘abysmal failure’. He said: ‘The EPBC Act is ineffective. It does not enable the Commonwealth to effectively protect environmental matters that are important for the nation. It is not fit to address current or future environmental challenges’. In 2020 Samuel presented his report and made 38 recommendations to radically reform the laws. Nothing happened.
The 2022 ‘climate election’ came with a promise from Labor to introduce an independent environment protection agency EPA. Labor set about fixing the EPBC Act in three stages as newly named Nature Positive laws. Stage one, the Nature Repair Act, included an expanded ‘water trigger’ and was passed in December 2023.
Stage two Nature Positive law reforms, including establishing a federal EPA, came before the Senate in late 2024 but was withdrawn by Albanese at the last moment although written agreement had been reached with the Greens and David Pocock in the Senate. This was a bitter blow to the conservation and environment movement.
More disappointment followed earlier this year when Albanese pushed through legislation to amend the EPBC Act to severely limit the Environment Minister’s power to reconsider a decision in the light of new evidence. Tasmania’s salmon farming industry was at the heart of this legislation. There is substantial evidence that salmon fish farming in Macquarie harbour is threatening the survival of the Maugean skate but the fishing will go ahead now.
The headlines keep coming: ‘Once in a lifetime flooding emergency rocks Queensland’; and last week ‘Record floods on north NSW coast’; ‘Whole farms washed away’; ‘800 homes uninhabitable with tally to rise’. A day later: ‘Swiss alpine village wiped out by collapsing glacier’; ‘Wildfires burning across central Canada’. And now Victoria is expecting a seemingly ‘endless fire season to start this winter’.
Climate change is real; and fossil fuels are the problem. Australia is well on the way to transitioning to renewables but we need strong environment protection laws recognising the polluting effects of new projects.
Also, there are hard decisions to be made about energy provision Australia-wide and we must listen to serious scientific and engineering advice. We are killing ourselves and the world by approving new gas projects such as Woodside’s NW extension.
*Estimate by West Australia EPA
Cover photo credit: Doncaster Camera Club