Australia’s old environment laws were a box‑ticking exercise. Sadly, the new ones could be too |
For a quarter century, Australia’s environment laws were widely regarded as not fit for purpose. In 2020, a scathing review by Professor Graeme Samuel found the Environment Protection and Biodiversity (EPBC) Act was ineffective and unfit for future environmental challenges.
On the last Parliamentary sitting day of 2025, Labor passed its long-awaited reforms to Australia’s nature laws following a deal with the Greens. According to Environment Minister Murray Watt, these reforms would deliver tangible benefits for the environment and “protect what is precious”.
Now the dust has settled on getting the legislation passed, conservationists want to know if they will work.
The big questions is whether two proposed “environmental standards”, a centrepiece in the new laws, are up to the task.
What are environmental standards?
Previously, the EPBC Act required the decision-maker to tick procedural boxes, but this did not necessarily result in an outcome that protected the environment.
For example, while the Department of Environment could access information about the impacts of development on the black-throated finch, it merely needs to “have regard” to this.........