Antinuclear

Australian news, and some related international items

Australian government to blame for failure of environment laws

Let there be no doubt: blame for our failing environment laws lies squarely at the feet of government, The Conversation June 29, 2020    Peter BurnettHonorary Associate Professor, ANU College of Law, Australian National University  A long-awaited draft review of federal environment laws is due this week. There’s a lot riding on it – particularly in light of recent events that suggest the laws are in crisis.

Late last week, the federal Auditor-General Grant Hehir tabled a damning report on federal authorities’ handling of the Environment Protection and Biodiversity Conservation (EPBC) Act. Incredibly, he found Australia’s premier environmental law is administered neither efficiently or effectively.

It followed news last month that mining company Rio Tinto detonated the 46,000 year old Juukan rock shelters in the Pilbara. The decision was authorised by a 50 year old Western Australian law –and the federal government failed to invoke emergency powers to stop it.

Also last month we learned state-owned Victorian logging company VicForests unlawfully logged 26 forest coupes, home to the critically endangered Leadbeater’s possum. The acts were contrary both to its own code of practice, and the agreement exempting VicForests from federal laws.

As relentless as Hehir’s criticisms of the department are, let there be no doubt that blame lies squarely at the feet of government. As a society, we must decide what values we want to protect, count the financial cost, then make sure governments deliver on that protection.

Shocking report card

I’ve been involved with this Act since before it began 20 years ago. As an ACT environment official reading a draft in 1998 I was fascinated by its complexity and sweeping potential. As a federal official responsible for administering, then reforming, the Act from 2007-2012, I encountered some of the issues identified by the audit, in milder form.

But I was still shocked by Hehir’s report. It’s so comprehensively scathing that the department barely took a trick.

Overall, the audit found that despite the EPBC Act being subject to multiple reviews, audits and parliamentary inquiries since it began, the Department of Agriculture, Water and the Environment’s administration of the laws is neither efficient nor effective………

How did this happen?

The EPBC Act itself remains a powerful instrument. Certainly changes are needed, but the more significant problems lie in the processes that should support it: plans and policies, information systems and resourcing.

As I wrote last month, between 2013 and 2019 the federal environment department’s budget was cut by an estimated 39.7%.

And while effective administration of the Act requires good information, this can be hard to come by. For example the much-needed National Plan for Environmental Information, established in 2010, was never properly resourced and later abolished……..

A national conversation

There is a small saving grace here. Hehir says the department asked that his report be timed to inform Professor Graeme Samuel’s 10-year review of the EPBC Act. Hehir timed it perfectly – Samuel’s draft report is due by tomorrow. Let’s hope it recommends comprehensive action, and that the final report in October follows through.

Beyond Samuel’s review, we need a national conversation on how to fix laws protecting our environment and heritage. The destruction of the Juukan rock shelters, unlawful logging of Victorian forests and the Auditor-General’s report are incontrovertible evidence the laws are failing……https://theconversation.com/let-there-be-no-doubt-blame-for-our-failing-environment-laws-lies-squarely-at-the-feet-of-government-141482

June 29, 2020 - Posted by | AUSTRALIA - NATIONAL, environment, politics

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