Environment minister could approve projects at odds with nature laws under Labor overhaul | Australian politics

The environment minister would be able to approve projects that conflict with the laws of nature if they are deemed to be in the “national interest” within the scope of the Albanian government’s planned revision of the environmental protection regime.

The proposed new provision was revealed in summaries of the legislation distributed to stakeholders on Monday ahead of its introduction to federal parliament this week.

The Coalition and the Greens resisted pressure from Labor to accept the proposal and launched a political battle over nature in the final sitting weeks of the year.

Under the new discretionary power, the minister will be able to give the green light to a development that potentially violates national environmental standards if it is considered a “proposal of national interest”.

This provision is recommended as follows: Graeme SamuelThe 2020 review of the EPBC Act called for it to be used “as a rare exception, demonstrably justified in the public interest and accompanied by a published statement of reasons that includes the environmental impacts of the decision”.

Excerpts from the draft legislation seen by Guardian Australia show that the provision would effectively exempt “proposals of national interest” from a range of tests designed to protect nature, including a requirement that they do not cause “unacceptable impact” on the environment.

The proposed regulation has raised immediate concerns among environmentalists.

Sam Szoke-Burke of the Wilderness Society said the legislation needed science-based “iron-plated protections” for nature, not exemptions that give the person in power significant discretion over decisions.

“The government must provide greater certainty for the environment and economy by replacing loopholes and loopholes with stronger, clearer protections for koalas and forests,” he said.

Nicola Beynon, campaign director for the Humane World for Animals, said the department’s discretion over environmental decisions should be removed, not expanded.

“We are concerned that the reforms do not limit these exemptions to genuine emergencies. Loosely worded exemptions in the hands of an irresponsible minister can be very dangerous,” he said.

Other excerpts of the legislation circulated Monday outline the powers of the proposed environmental protection agency; details of these were published on Sunday.

The minister will retain approval powers but will likely delegate most decisions to officials within the nature watchdog.

The new laws will allow the minister to issue “conservation statements” to clarify what decision-makers should consider to protect threatened species or ecological communities.

“These measures will ensure that decision-makers have a toolkit to respond quickly to serious and urgent events,” Watt said.

“This is all about taking stronger environmental action in a more fluid and logical way.

On Monday Samuel called on the Coalition and the Greens to put aside Labour’s complaints about natural laws and avoid further delay in fixing a system his landmark review found was broken.

Samuel had his strongest words for the Coalition after it tried and failed to persuade Labor to split the bill, delaying environmental protection while prioritizing measures to speed up projects.

The former competition watchdog’s review was initially commissioned by former environment minister and now opposition leader Sussan Ley.

“I don’t know what’s going on right now,” he said.

“This makes me angry, a little angry. We’re talking about the future of nature here for our children, our grandchildren, our great-grandchildren.”

The coalition’s attempt to split the bill was quickly rejected by Watt and the Australian Business Council, whose members include BHP, Woodside and Rio Tinto.

“We prefer to have everything on the table at the same time and think this approach gives us the best basis for achieving the right balanced outcome that will ultimately benefit the environment and the business,” said Bran Black, CEO of BCA.

While the works council criticized Ley’s attempt to split the bill, Black said the industry had several concerns about the legislation; these include a new definition for “unacceptable impact” on the environment, the EPA’s authority to issue “stop work” orders to halt projects, and new emissions reporting requirements.

Blacks confirmed the industry wanted the Coalition to cut a deal with Labor to pass legislation, bypassing the Greens.

Watt has so far ruled out only one “climate trigger” and left the door open to changes that would address industry concerns.

“The Coalition and the Greens need to decide whether they will support reforms or whether they will be the cause of suffering for our environment, our businesses and our Australian communities,” he said.