A recent legal review has highlighted potential shortcomings in Australia’s environmental legislation, particularly in addressing climate change. The review, conducted by Environmental and Climate Law Professor Jacqueline Peel, suggests that the current laws do not mandate the Federal Environment Minister to consider the implications of projects on climate change, including greenhouse gas emissions and their effects on biodiversity.
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC) is Australia’s primary environmental framework. An independent review in 2020 identified it as outdated, prompting the government to promise a comprehensive update. The process, however, has experienced delays.
More than 35 environmental law experts have expressed their concerns to the Environment Minister, Tanya Plibersek, advocating for a legal framework that effectively addresses climate challenges. They argue for regulations that facilitate renewable energy and sustainable industry while discouraging projects that could exacerbate climate issues.
The proposed reforms following the 2020 review have been criticized for not adequately incorporating measures to reduce emissions. Stakeholders have had access to initial consultation drafts, but the government’s timeline indicates that full legislative changes may not occur until early 2024.
The review emphasizes the need for environmental legislation to include both direct and ‘Scope 3’ emissions—the latter resulting from the use of fossil fuel products. It also calls for consistency in emission disclosure requirements for businesses, ensuring environmental authorities have access to the same information as investors.
Despite environmental groups’ concerns, the government has continued to approve fossil fuel projects, maintaining its stance against prohibiting new coal and gas developments. These decisions come amid Australia’s significant role as a coal and natural gas exporter and a country with high emissions per capita.
The Intergovernmental Panel on Climate Change (IPCC) has previously stated that the global temperature increase target of 1.5C set by the Paris Agreement is not compatible with new fossil fuel projects. This highlights the importance of incorporating climate considerations into Australia’s environmental laws—a move that some believe would better protect the environment and support the health and prosperity of the country.