Work needed to ensure environmental laws succeed
The Australian mineral industry supports the government’s aim to overhaul national environmental law to deliver better outcomes for the environment and business.
Lengthy and uncertain assessment and approval processes have a severe impact on productivity and on Australia’s ability to seize the vast opportunities of a world-class mining sector that underpins our national prosperity.
These reforms need to set Australia up for success to ensure we achieve environmental, social and economic gains.
While the industry is working productively with the Government, the environmental law reforms introduced today will require amendments to deliver on these aims.
They are changes that would help achieve the Government’s broader economic agenda, including its pursuit of productivity gains, its admirable critical minerals objective, its housing and infrastructure ambitions, and its renewable energy plans.
For industry this means a package that is practical, operates in line with its intent and does not simply create additional requirements to navigate without commensurate improvements.
Among issues of concern are a range of new legals tests, such as ‘unacceptable impacts’ which are so broadly defined it will inadvertently capture many activities. While industry supports independent compliance and enforcement, the rules that surrounding new powers must provide certainty and due process. The new EPA must act in line with government expectations.
The government has ruled out a duplicative climate trigger. But it should avoid requirements that inadvertently open the prospect for such considerations.
Accreditation of state and territory processes sits the heart of Professor Samuel’s review as a key measure to reduce duplication. The reforms should support and incentivise this.
The industry supports a range of measures in the package which will help development in the long term, but changes are needed to ensure these long-term gains can be realised.
This is a large and complex package and the MCA urges government to take the time necessary to get the settings right.
Laws are hard to change and mistakes made today will have a decades-long impact on investment and the environment, affecting all Australians.
With amendments to ensure the legislation is workable, these risks can be managed and the outcomes sought by the Australian community can be achieved.