16 April 2024
Topics: Federal Environment Protection Agency, Tanya Plibersek’s disastrous environmental law changes
E&OE
Tom Connell:
Joining me now is Shadow Environment Minister Jonathon Duniam. Thank you for your time. I know you’ve been eagerly awaiting this. What’s your 30 second take on what you’ve seen so far?
Senator Duniam:
Given we were promised that these laws would be better for the environment and better for business, and of course also being in the Parliament by the end of last year, I find this an incredible failure and breaking of a promise to the Australian people. This is a once in a generation opportunity and the government have squibbed it. Instead of giving us the new laws, ‘we’ll make it better for the business and environment sectors’, we’ve been landed with a new bureaucracy, that’s all. No new laws. It’s creating no more certainty for the community and no better protection for the environment.
Tom Connell:
Ok, you say no new laws, but there’s going to be an ability to stop projects if they are breaching some of the conditions that have been set. This is the new power, isn’t it? And also, the threat to be able to fine businesses and even jail time, is that not a new ability? To have an impact on the sector where those companies are not doing what they should.
Senator Duniam:
Well, I haven’t seen any draft laws around the Environment Protection Australia, the new bureaucracy the government is setting up. I’ve seen the references to these powers. I assume they are embedded in the existing legislation to be able to deal with applicants through enforcement and compliance mechanisms. But having said all of that, again, we were promised a wholesale reform of environmental law in this country. We don’t have that. Today, the Minister has embarrassingly stepped out to announce a new bureaucracy, administering the laws that were in place for the last 20 years. We were promised these laws at the end of last year and when asked today in her press conference, would we have them in this term of Parliament? It was a big, fat no. We won’t have them this term of Parliament, which again proves that this government is in over its head and the idea of consultation occurring with business and environment sectors. No one I’ve spoken to has in any way endorsed the process this government is going through. It is going to be a disaster when they do eventually bring laws in.
Tom Connell:
Couple of the changes they’re looking to make is to actually, properly ascertain where there are rare species around the country so that you know businesses in particular, I guess mining projects don’t go through all the rigamarole of having a proposal and then finding some sort of rare species on it. Would that be a good idea? Would that be a bit smarter rather than just, you know, drop the tenements, hope for the best approach we seem to have been doing.
Senator Duniam:
I think that again, speaking with industry, which is something the Minister hasn’t been doing despite her claims to the contrary, there are better ways of doing things all over the shop in relation to these reforms. Providing certainty upfront about where you can and can’t commission new projects, I think is a good way of doing it. But I would not trust Canberra to get it right. I think this needs to be industry led in partnership with the community that owns the environment rather than a bunch of bureaucrats and politicians setting down the rules around this, this is what consultation done properly would actually generate.
Tom Connell:
What does that mean? Don’t you need an independent authority to decide about rare species somewhere rather than, what are you saying? Ask a mining company, hey, what do you think? Are there any rare species here? I’m not quite sure what you mean there. Sorry.
Senator Duniam:
Well, I think as part of the assessment process, working with those who intend to open up a new mine or undertake some sort of housing development, which might trigger national environmental laws. You are required to look at these issues that actually might be at risk here. Endangering or threatening a species (inaudible).. I think working with industry rather than arbitrarily knocking something out on the basis of some bureaucratic decision in Canberra.
Tom Connell:
I mean, when you talk about trusting the industry, don’t we go from recent history of Rio Tinto blasting this 46,000 year old Aboriginal site to get iron ore? How trustworthy is the industry?
Senator Duniam:
Well, I’ll tell you one thing, we can legislate to prevent all sorts of things from happening. We do rely on the business sector industry to do the right thing. That company did the wrong thing. What would be good is if this government actually did what Graeme Samuel said they should do, and that is introduce their new engagement with First Nations Australians. That should have been delivered well and truly by now. It hasn’t been. As a result, we just have a new bureaucracy with no new laws and the prospect of massive penalties, which are going to be a massive deterrent for investment in this country. People are going to be looking to do business elsewhere as a result of Tanya Plibersek’s announcement today.
Tom Connell:
Jonathon Duniam, appreciate your time. Thank you.
Senator Duniam:
Thank you.