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Australia

Environmental law reforms will fail to close ‘deforestation loopholes’ affecting Great Barrier Reef, says Ken Henry

“If the reef were an employer, it would be the fifth largest reef in Australia,” he said.

“But neither existing laws nor proposed reforms give the Australian government the ability to take action to protect reefs from irresponsible clearing due to a 25-year gap.

“Of course, the climate case for closing this gap is huge, with millions of tonnes of emissions being released each year through both deforestation and clear-cutting of native forests.”

Henry said “genuine collaboration” was needed between the Australian and Queensland governments, with the starting point being recognition of the Commonwealth’s power to intervene where the state was not meeting its responsibilities.

“Queensland does not need to wait to be dictated to by the Commonwealth,” he said.

“This law provides another tool to facilitate cooperation; regional plans should be developed in a collaborative, inclusive and transparent process that respects science.”

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But despite his criticism of the EPBC reforms, Henry said the reforms offered hope of a better approach “with further improvements”.

“The proposed reforms offer two significant improvements. First, they reaffirm the Australian government’s role in protecting the national interest,” he said.

“Second, they provide greater certainty and consistency in the application of laws.”

As demand for renewable energy increases, the average time for EPBC evaluation and approval of wind or solar farms has increased from just over 500 days in 2018 to 831 days in 2021, Henry said.

“Whether they are wind farms, solar farms, transmission lines, new housing developments, land-based carbon storage programs, new and improved transportation corridors, or critical mineral extraction and processing facilities, all these projects must be delivered and delivered quickly,” he said.

“They need to be delivered efficiently. Most importantly, they need to be delivered in a way that not only protects but also restores nature.”

The proposed reforms were met with friendly fire from within the Labor Party. Backbencher Ed Husic has warned that reforms aimed at expanding so-called national interest powers could be open to abuse by future Coalition governments.

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