Antinuclear

Australian news, and some related international items

Olympic Dam uranium mine’s unlimited water access is killing the Arabana people’s mound springs

South Australia’s disappearing springs raise questions for miner BHP–  https://www.smh.com.au/environment/sustainability/south-australia-s-disappearing-springs-raise-questions-for-miner-bhp-20201117-p56f6m.html

Few in big cities know about the ‘mound springs’, but they are of deep cultural significance for the Arabana people who hold native title over Lake Eyre and its surrounds.By Richard Baker November 23, 2020

Dotted around the vast arid harshness of outback South Australia are thousands of small springs fed by ancient waters from the Great Artesian Basin.

Few in big cities know about the “mound springs”, but they are of deep cultural significance for the Arabana people who hold native title over Lake Eyre and its surrounds. They are also a precious source of life for humans, animals and plants in a hostile environment.

A mound spring near the shore of Lake Eyre in South Australia.

But the Arabana people fear the extraction of tens of millions of litres of water from the basin each day by mining, petroleum and pastoral industries threatens the existence of the springs by reducing flow pressure in the aquifer to the extent that the springs dry up.

The federal parliamentary inquiry into Rio Tinto’s destruction in May of 46,000-year-old rock shelters at the Juukan Gorge in Western Australia has given the Arabana people the chance to put the fate of the springs on the national agenda.

“In our country there are over 6000 of these springs and they are of great significance to the Arabana people,” said the chair of the Arabana registered native title body, Brenda Underwood, in a submission to the inquiry.

“The springs themselves can be as small as a cup or large enough that you could swim in them, however, we don’t because of the stories associated with them. To us, and to many Australians, they are a beautiful sight in a harsh environment.

“Unfortunately, our springs are disappearing. How many have disappeared, we are not yet sure, but we are undertaking some research to find out just how many have actually disappeared.”

Rio Tinto’s blasting at Juukan Gorge drew widespread public criticism, prompted the resignation of its chief executive and put a spotlight on state and federal laws that are meant to balance the protection of Indigenous heritage against the commercial interests of miners.

In the case of the springs, another mining giant, BHP, is playing a central role. BHP is licensed by the South Australian government to extract the equivalent of up to 42 million litres of water per day from the Great Artesian Basin to operate the massive Olympic Dam copper, gold and uranium mine near Roxby Downs.

Millions of litres of water are also taken from the basin each day by pastoral stations and various petroleum companies, and more is lost through evaporation from thousands of disused bores that have not been properly capped.

RMIT environmental engineering expert Gavid Mudd has studied the mound springs closely for more than 20 years and said there was no doubt the extraction of so much groundwater had contributed to a reduction in flow pressure. Some had dried up entirely.

Although the Arabana submission to the inquiry acknowledges water users such as pastoralists and petroleum companies, it largely focuses on BHP’s water use and the unique South Australian laws that grant it a virtually unchallenged right to groundwater.

Under the 1982 Roxby Downs Indenture Act, the original Olympic Dam owner Western Mining and present owner BHP are afforded special privileges that trump Aboriginal heritage laws and almost all other state laws and regulations.

“Each day they [BHP] take 35 million litres of water from our springs and the Great Artesian Basin and now they wish to increase that amount to 42 million litres per day,” Ms Underwood’s statement said

“We are told that this will continue for at least the next 60 years. Given the number of springs that have disappeared, in 60 years we have a great fear that there will be none left whatsoever. The Arabana people have tasked me and the board of directors of the corporation to protect the springs. The big question is how?”

Ms Underwood and the 1000-strong Arabana community fear the South Australian government will be reluctant to change the status quo for BHP.

The mining company’s recent announcement to pause a planned $3 billion expansion of Olympic Dam is likely to see its water take remain about the mid 30 million litres per day mark.

The Arabana people have asked their Adelaide lawyer, Stephen Kenny, to advise them if the Commonwealth can get involved. Mr Kenny has said the Commonwealth could act to protect the springs, but previous cases such as that involving South Australia’s Hindmarsh Island suggested it would not.

 

 

 

November 23, 2020 Posted by | aboriginal issues, environment, South Australia, uranium | Leave a comment

Australian government weakening of Environmental Law will weaken nuclear and uranium safeguards

Extract of Submission to Federal Environment , David Noonan, 18 Nov 20,       “………..I have made a submission to the Independent Review of the EPBC Act, focusing on operation of the Act in protection of MNES under the “nuclear actions” trigger, and Discussion Paper Q.14 on failings of State roles through a case study on BHP Olympic Dam copper-uranium mine public interest issues.
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In the case of EPBC “nuclear actions”, including EPBC Act Section 21 & 22 controlled actions in uranium mining and milling, the EPBC Act protected Matter of NES is “the environment” – requiring “whole of environment” scope of impact assessments, and Protection of the Environment such that authorized actions do not have unacceptable or unsustainable impacts.
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The Samuel Review, Box 12 Nuclear activities (p.52) states: “To be able to ensure community confidence in these ‘nuclear’ activities, the Commonwealth should maintain the capacity to intervene. To achieve this, the key reform directions proposed by the Review are:
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• The National Environmental Standards for MNES should include one for nuclear actions. To provide community confidence, the Standard should reflect the regulatory guidelines and protocols of all relevant national laws and requirements.”
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However, the Samuel Review (p.110) specifies inadequate ARPANSA Codes as a ‘National Standard’ for nuclear action assessments; OR use of State frameworks judged compliant with these Codes.
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In addition, “graded” (limited) assessments as set out in ARPANSA Codes are to replace the scope of “whole of environment” impact Assessments for ‘nuclear actions’ – including for uranium mining.
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ARPANSA Codes can reflect vested nuclear industry practices rather than best scientific evidentiary standards. For instance, applying outdated 1991 era ionising radiation occupational exposure limits.
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Australia already has a failing record in regulation of uranium mining, in environmental protection and mine rehabilitation issues. Transferring Approvals to States and use of ARPANSA Codes in graded assessments will further compromise environmental protection standards and practise.
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By January 2021 South Australia will be the only Australian jurisdiction conducting uranium mining. A case study of BHP Olympic Dam provides a cogent context to evaluate this Bill & Samuel proposals.
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Importantly, “whole of environment” scope of uranium mining impact assessment encompasses social, economic, cultural and spiritual impacts, and not just environmental & radiological impacts.
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Outdated BHP Olympic Dam legal privileges that override Indigenous Heritage are now under scrutiny before Parliament’s Juukan Caves Inquiry, see Submission No.73 and 73.1 by David Noonan.
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It is typical that uranium mining disproportionately affects Indigenous People. ARPANSA Codes do not provide an appropriate basis to assess or respect Indigenous and Cultural Heritage issues.
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State governments in SA have failed to revoke BHP’s untenable Olympic Dam legal privileges.
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It is a travesty that BHP has deliberately retained 1982 era over-rides of Aboriginal Heritage across the 12,000 km2 “Stuart Shelf Area” around the Olympic Dam mine, and retains outdated legal rights to take excessive volumes of GAB waters affecting the integrity and very survival of GAB Springs.
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BHP’s influence in excessive mining of Great Artesian Basin water for Olympic Dam mine shows a State’s inability,
and given real ‘conflict of interest’, a State’s unwillingness to reform such issues.
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This scope is necessary to respect Indigenous rights and interests to protect their country & culture.
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It is a warning to this Inquiry that the State of SA has failed to protect the unique and fragile Mound Springs. The integrity of Springs relies on continued natural flows and pressure of GAB waters.
These Springs are a protected Matter of NES under the EPBC Act as a listed Endangered Ecological Community and are of significant ongoing cultural and spiritual importance to Aboriginal traditional owners, the Arabana People, who have called for real effective Federal protection of the Springs.
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Unfortunately, our springs are disappearing. … The cause of the disappearance of our springs, is water that is being taken from the Great Artesian Basin by BHP’s mine at Roxby Downs. … Unless something is done by the Commonwealth, our springs will disappear… It is unsustainable, destructive of nature, and destructive of our culture to allow the springs to die. Will you please enact laws that ensure our mound springs and culture are recognised, respected and protected?”
This Inquiry must not condemn the GAB Springs to State control of EPBC Act Approval powers.
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I commend the strong Arabana Aboriginal Corporation Submission No.92 (11 August) to the federal Juukan Caves Inquiry and the Arabana Chairperson’s call for protection of their GAB Springs: …… “

November 17, 2020 Posted by | AUSTRALIA - NATIONAL, environment, politics | Leave a comment

Australian government is rushing to weaken Environmental Laws

David Noonan, 18 Nov 20, The Federal Liberal gov has called a rushed Committee of Inquiry into Federal Environment and Nature Laws.

But limited the scope of their Inquiry to their Abbott era untenable ‘One Stop Shop’ Bill to divest EPBC Act Approval powers to the States & Territories…

Public submissions close tomorrow Wednesday 18th, and only one day of Hearings is to be allowed.

New Inquiry:  Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020
Date Referred: 12 November 2020 to the Senate Environment and Communications Legislation Committee,
Reporting Date: 27 November 2020

see Inquiry homepage:

https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/StreamliningEnviroApp

My 3-page input of concern at a rushed Inquiry & a flawed Bill itakes a national interest focus on ‘nuclear actions’,

Extracts:

Due process and the national interest responsibility to the protection of Matters of National Environmental Significance (NES) are compromised by this deeply flawed Bill and rushed Inquiry. …

It appears reckless that a core pre-requisite audit of State resourcing and capacity to undertake EPBC Approvals and enforcement roles has not been undertaken at this late stage of events. …

Community confidence requires the EPBC Act to retain Approval powers at a Federal level, and to retain the “whole of environment” scope of Assessment and Protection of the Environment in ‘nuclear actions’ as has been required in our national EPBC Act laws since 1999.

This Inquiry should take up the Arabana People’s call for Federal protection of their GAB Springs. 

 

Contacts: The Committee Secretary
Senate Standing Committees on Environment and Communications
Phone: +61 2 6277 3526
Fax: +61 2 6277 5818
ec.sen@aph.gov.au

Note the ACF has provided a proforma sign on letter option to this Inquiry – which you may wish to avail of,. (see sidebar at right.)

November 17, 2020 Posted by | AUSTRALIA - NATIONAL, environment, politics | 1 Comment

Rocket launches on the Eyre Peninsula wil damage the environment

Nature Conservation Society of SA fears Whalers Way rocket launch site will damage the environment   
Worry rocket launch site will damage environment
  The Advertiser  Clare Peddie, Science Reporter, The Advertiser, November 4, 2020

A proposed rocket launch facility at Whalers Way, on the tip of Eyre Peninsula, threatens vulnerable wildlife and coastal wilderness, conservationists say.

The Nature Conservation Society of South Australia is challenging the development, citing heightened fire danger, noise disturbance and land clearing, enabling the spread of feral predators and pests.

Society vice-president Rick Davies said the area was so special that it was protected under a legally binding heritage agreement, meaning it is be managed as a privately-owned conservation area in perpetuity. “We support a space industry in SA, but this is the wrong place for this development,” Dr Davies said.

With our country already seeing more large, uncontrolled fires, why would we allow a commercial firing range and all its propellant fuels in the middle of one of the best expanses of native coastal vegetation?”

The area is home to species at risk of extinction, including nationally vulnerable white-fronted whipbirds and the Eyre Peninsula southern emu-wren.

Dr Davies says these shy secretive birds require long unburnt vegetation and will be impacted both by both direct habitat destruction and associated industrial disturbance.

Coastal raptors such as vulnerable white-bellied sea eagles and rare osprey, which require vast hunting territories, will also be disturbed, he says.

The Eyre Peninsula Southern Emu-wren is endangered in South Australia. This male was briefly captured for research purposes and then released. Picture: Marcus Pickett

The State Government has given the Whalers Way Orbital Launch Complex major development status.

The company behind the development, Southern Launch, is now preparing a development application, including an environmental-impact statement.

Executive director Mike Damp expected those documents would be made available as part of the public consultation process early next year.

“Site selection took a long time and it was diligent; it wasn’t selected willy nilly or with disregard to the environment,” he said.

“Right from the outset, I want to dispel any inclination that you might have that we are prepared to ride roughshod over the environment.

“From the very beginning, we have been very mindful of the area that we are operating out of and we have, therefore, cemented into the bedrock of the company our biodiversity management strategy, so we intend to improve the conservation status of Whalers Way.”

The rugged coastline at Whalers Way, south of Port Lincoln on the Eyre Peninsula, including an osprey nest on a rocky outcrop. Picture: Marcus Pickett

A State Government spok­es­man said that the project would go through all required environmental-assessment processes.

“The sub-orbital launch facility will be one of two in the southern hemisphere – and presents enormous opportunity for growth in rapidly developing space sector,” he said.

“Projects like this will be critical in our state’s recovery from the global coronavirus pandemic,” he said.

But Shadow Environment Minister and deputy leader of the opposition Susan Close shares the conservationist’s concerns.

“I have serious concerns about the impact of this development on rare species and valuable habitat, and the risks it may pose for fire and damage to adjacent marine life,” she said.

“I urge the government to consider alternative locations which do not involve compromising environmental values and overriding existing protections.”

November 5, 2020 Posted by | environment, South Australia, technology | Leave a comment

Long-term research shows ocean acidification ramping up on the Reef

October 29, 2020 Posted by | AUSTRALIA - NATIONAL, climate change - global warming, environment | Leave a comment

Scientific women get together in plan for marine protected area for Antarctica Peninsula

October 20, 2020 Posted by | AUSTRALIA - NATIONAL, environment, women | Leave a comment

Morrison government’s devastating cuts to Environmental research and teaching

‘Devastating’: The Morrison government cuts uni funding for environment courses by almost 30%, The Conversation,    Dianne Gleeson, Professor, Science, University of Canberra, Ian Clark, Associate professor, University of South Australia, Stuart Parsons, Professor, Queensland University of Technology, 14 Oct 20
  1. There has been much attention on how the Morrison government’s university funding reforms will increase the cost of humanities degrees. But another devastating change has passed almost unnoticed: a 29% cut to funding to environmental studies courses. This is one of the largest funding cuts to any university course.

    Universities will receive almost A$10,000 less funding per year for each student undertaking environmental studies. The cut will undoubtedly lead to fewer students and lower-quality learning experiences.

    Environmental studies encompasses the biological and earth sciences, as well as management and planning. Graduates go on to work as government policy officers, and managers in fields including water resources, the environment, urban planning and climate change adaption.

    We are senior members of the Australian Council of Environmental Deans and Directors, with more than 80 years of collective experience in various environmental fields. At a time of unprecedented pressures on our environment, expertise in these fields is clearly needed more than ever. ………..Until now, Australia has been a world leader in training the next generation of environmental managers and scientists. Thirty of our universities have recently been rated as producing research in environmental science significantly above world standard. And environmental science at four Australian universities – Australian National University, University of Melbourne, UNSW and University of Sydney – was recently ranked in the top 50 worldwide.

    Without adequate funding, this global standing is threatened.

    The bigger picture

    Fewer and less well-trained environmental studies students will inevitably have a knock-on effect in sectors and industries that need quality graduates with specialist environmental knowledge, such as:

    1. local, state and federal government, to ensure developments are sustainable and broadly benefit communities

  2. agriculture, to address threats as diverse as water quality in the Great Barrier Reef, better retention of nitrogen fertilisers in soils and adaptation to climate change
  3. mining, for advice on site planning and restoration to ensure minimal environmental harm during and after the mine’s operation
  4. water management in rivers and wetlands, to respond to climate change and higher demand from growing populations…….

    We need environmental experts

    Australia’s recent, brutal experience with bushfires and drought shows just how badly we need world-class environmental expertise. As climate change grows ever worse, these experts will be critical in steering us through these challenges.

    What’s more, the COVID-19 pandemic – linked to land clearing and more human-wildlife interaction – shows just what can happen under poor environmental management.

    Australia is uniquely vulnerable to climate change, and in 2019, recorded its worst-ever environmental conditions. These university funding cuts affect the people with the answers to our pressing environmental problems – they are a blow to the future of all Australians.


    Read more: A major scorecard gives the health of Australia’s environment less than 1 out of 10   https://theconversation.com/devastating-the-morrison-government-cuts-uni-funding-for-environment-courses-by-almost-30-147852

October 15, 2020 Posted by | AUSTRALIA - NATIONAL, environment, politics | Leave a comment

Australia a leader in the worst sense – biodiversity loss and risk of ecosystem collapse

Fifth of countries at risk of ecosystem collapse, analysis finds  https://www.theguardian.com/environment/2020/oct/12/fifth-of-nations-at-risk-of-ecosystem-collapse-analysis-finds
Trillions of dollars of GDP depend on biodiversity, according to Swiss Re report, 
 Damian Carrington Environment editor @dpcarrington, Mon 12 Oct 2020 .One-fifth of the world’s countries are at risk of their ecosystems collapsing because of the destruction of wildlife and their habitats, according to an analysis by the insurance firm Swiss Re.

Natural “services” such as food, clean water and air, and flood protection have already been damaged by human activity.

More than half of global GDP – $42tn (£32tn) – depends on high-functioning biodiversity, according to the report, but the risk of tipping points is growing.

Countries including Australia, Israel and South Africa rank near the top of Swiss Re’s index of risk to biodiversity and ecosystem services, with India, Spain and Belgium also highlighted. Countries with fragile ecosystems and large farming sectors, such as Pakistan and Nigeria, are also flagged up.

Countries including Brazil and Indonesia had large areas of intact ecosystems but had a strong economic dependence on natural resources, which showed the importance of protecting their wild places, Swiss Re said.

“A staggering fifth of countries globally are at risk of their ecosystems collapsing due to a decline in biodiversity and related beneficial services,” said Swiss Re, one of the world’s biggest reinsurers and a linchpin of the global insurance industry.

“If the ecosystem service decline goes on [in countries at risk], you would see then scarcities unfolding even more strongly, up to tipping points,” said Oliver Schelske, lead author of the research.

Jeffrey Bohn, Swiss Re’s chief research officer, said: “This is the first index to our knowledge that pulls together indicators of biodiversity and ecosystems to cross-compare around the world, and then specifically link back to the economies of those locations.”

The index was designed to help insurers assess ecosystem risks when setting premiums for businesses but Bohn said it could have a wider use as it “allows businesses and governments to factor biodiversity and ecosystems into their economic decision-making”.

The UN revealed in September that the world’s governments failed to meet a single target to stem biodiversity losses in the last decade, while leading scientists warned in 2019 that humans were in jeopardy from the accelerating decline of the Earth’s natural life-support systems. More than 60 national leaders recently pledged to end the destruction.

The Swiss Re index is built on 10 key ecosystem services identified by the world’s scientists and uses scientific data to map the state of these services at a resolution of one square kilometre across the world’s land. The services include provision of clean water and air, food, timber, pollination, fertile soil, erosion control, and coastal protection, as well as a measure of habitat intactness.

Those countries with more than 30% of their area found to have fragile ecosystems were deemed to be at risk of those ecosystems collapsing. Just one in seven countries had intact ecosystems covering more than 30% of their country area.

Among the G20 leading economies, South Africa and Australia were seen as being most at risk, with China 7th, the US 9th and the UK 16th.

Alexander Pfaff, a professor of public policy, economics and environment at Duke University in the US, said: “Societies, from local to global, can do much better when we not only acknowledge the importance of contributions from nature – as this index is doing – but also take that into account in our actions, private and public.”

Pfaff said it was important to note that the economic impacts of the degradation of nature began well before ecosystem collapse, adding: “Naming a problem may well be half the solution, [but] the other half is taking action.”

Swiss Re said developing and developed countries were at risk from biodiversity loss. Water scarcity, for example, could damage manufacturing sectors, properties and supply chains.

Bohn said about 75% of global assets were not insured, partly because of insufficient data. He said the index could help quantify risks such as crops losses and flooding.

October 13, 2020 Posted by | AUSTRALIA - NATIONAL, environment | Leave a comment

Australian State laws have weak environmental standards

Major gaps’: no state meets national environment standards, The Age, Mike Foley, October 4, 2020 —  State and territory governments should make major reforms to their environmental laws and increase compliance regimes to meet the national standards, new research has found.

The findings are revealed in a report from the “Places You Love” alliance of conservation groups, released on Monday, which found “not only does no state or territory law meet national standards, but in some jurisdictions, the environmental protections in state and territory laws have actually been weakened”.

This week the Senate is set to debate the federal government’s bill to hand approval powers for major projects to state governments, in a bid to remove bureaucratic duplication and speed-up project development to boost the economy.

Environment Minister Sussan Ley has pledged that any changes to The Environment Protection and Biodiversity Conservation Act will not reduce current level of environmental regulation…….

Ms Ley has been criticised by environment groups for rushing her bill through Parliament. It passed the lower house in August and could be enacted as soon as next week – ahead of a major review of the laws by former competition watchdog boss Professor Graeme Samuel, which is due by the end of October.

Professor Samuel said Australia’s “current environmental trajectory is unsustainable”. National laws were “not fit to address current or future environmental challenges”, he said, while for industry they are “ineffective and inefficient”…….

The EPBC Act was enacted in 1999 and created a list of “matters of national environmental significance”, including World Heritage areas, internationally listed wetlands and threatened species. While state laws do include some protections for these matters, federal government has wielded the most powerful protections for the past two decades.

The report found no state or territory legislation met the necessary suite of “national environmental standards required to protect matters of national environmental significance”.

Protection of threatened species habitat from development is one of the most significant functions of the EPBC Act. States run their own offset policies, which can allow developers who destroy protected habitat to mitigate the damage by protecting or restoring habitat somewhere else. State offset standards frequently do not meet national standards…….. https://www.theage.com.au/politics/federal/major-gaps-no-state-meets-national-environment-standards-20201002-p561iz.html

October 5, 2020 Posted by | AUSTRALIA - NATIONAL, environment, politics | Leave a comment

Morrison government refuses to sign leaders’ pledge on biodiversity

September 29, 2020 Posted by | AUSTRALIA - NATIONAL, environment, politics | Leave a comment

Australians recorded frog calls on their smartphones after the bushfires – and the results are remarkable 

Australians recorded frog calls on their smartphones after the bushfires – and the results are remarkable 

Jodi Rowley, Australian Museum and Will Cornwell, 

Frogs are one of the most threatened groups of animals on Earth. At least four of Australia’s 240 known frog species are extinct and 36 are nationally threatened. After last summer’s bushfires, we needed rapid information to determine which frogs required our help.

September 28, 2020 Posted by | AUSTRALIA - NATIONAL, environment | Leave a comment

Australian government never intended to follow the advice of the review on environmental law

September 17, 2020 Posted by | AUSTRALIA - NATIONAL, environment, politics | Leave a comment

Australia’s environmental law: the danger in moving powers to the States

‘We are relying on a pinky promise’: The problem with the Government moving its environmental powers to states, ABC , By national science, technology and environment reporter Michael Slezak,   13 Sept, 20

As the NSW Government descends into chaos over koala protections, the Federal Government is in a scramble trying to hand over its environmental powers to the states.

Just over a month ago — perhaps an eternity in the political news cycle — Environment Minister Sussan Ley welcomed a landmark review into our national environment laws by reaching across the aisle…….

After years of partisanship on what to do with the laws, Professor Graeme Samuel’s recommendations laid out a middle path. It delivered the deregulation sought by the Morrison Government, while protecting the environment with fundamental safeguards.

With that middle path laid out, Labor also came to the table, dropping their long-held opposition to deregulation.

Fast-forward just five weeks and the Government introduced amendments which, to a large degree, rehashed Abbott-era deregulation amendments, without yet introducing the fundamental protections recommended by Professor Samuel.

And partisanship is back at full throttle.

The Government rushed the amendment through the upper house, quashing debate. The crossbench and Labor called foul, and now conservationists have written to the United Nations calling for it to “express alarm” about the changes. And now the crossbenchers in the Senate appear set to block the bill.

How did we get here and where is all this going? And what could all this mean for the environment?

An old policy by a new name

For years, the Coalition has had one overriding reform planned for Australia’s environmental laws: devolving federal assessment and approval powers to the states.

When a proposed project — think a mine, farm or building — has the potential to damage matters of national environmental significance, it requires environmental approval from both state and federal governments.

Under Abbott, the devolution of federal approval powers to states was called a “one stop shop”. It’s been relabelled “single touch approval” under Morrison but it’s the same thing.

Graeme Samuel’s review recommended that devolution of powers to states proceed with some key safeguards to ensure the environment is protected.

Samuel called for an “independent cop on the beat” — a regulator that would function at arm’s length from the minister. That was immediately rejected.

But crucially, Samuel said the deregulation must be built on what he called “national standards” that would ensure state processes protected the environment. He described these as the “foundation for effective regulation”.

Minister Ley immediately accepted that recommendation.

But last week she introduced a bill to Parliament that devolved approval powers to states, without any reference to national standards.

Rather than allow a parliamentary debate of the matter, the Government rushed it through the House of Representatives, blocking debate, stopping crossbenchers from moving amendments to the bill and sent it straight to the Senate — although too late for it to be considered there this month.

Labor, the Greens and crossbenchers were furious, claiming that democracy was under threat. That anger seemed to jump to the Senate, with crossbenchers now looking to vote the bill down.

The missing national standards

The Minister still insists there will be national standards; that they will be legally enforceable; and they will be “Commonwealth led”. So why weren’t they in that bill?

In an interview with the ABC last week, Minister Ley said the Government already had a bill “ready” that would set up the framework for national standards and would introduce it soon………….

Does it matter?

Dr Megan Evans, an environmental policy expert from UNSW, says the law passed by the lower house gives the minister too much latitude to set the standards.

“It provides the Commonwealth with total discretion over the terms if entering into a bilateral agreement,” Dr Evans said. “This means we are relying on a pinky promise from the Government.”

Dr Peter Burnett from the ANU College of Law said “the mode of setting the Standards does make a difference”. According to him, it’s a matter of who will be able to enforce those standards.

“If they form part of a bilateral agreement between two governments, then it is likely that only the Commonwealth could take action against a state that did not comply with the standards, as only the parties to an agreement can enforce it,” Dr Burnett said.

If the standards were in federal legislation, then it is likely that third parties — like environmental groups — could challenge non-compliance by states in court.

And who’s enforcing the laws could make all the difference.

Of all the threatened species habitat cleared since the laws were first put in place, only seven per cent of it was even assessed under the act.

And according to the Auditor General, among projects that were assessed and approved by the Federal Government, 80 per cent were non-compliant or contained errors.

But how the Government will get these standards agreed to by states — without money on the table to help apply them — is still up in the air.

And this week in NSW, we saw just how fraught state environmental laws can be.https://www.abc.net.au/news/2020-09-13/environmenal-law-deregulation-states/12656318

September 14, 2020 Posted by | AUSTRALIA - NATIONAL, environment, politics | Leave a comment

Australia’s environmental scientists are being gagged

September 10, 2020 Posted by | AUSTRALIA - NATIONAL, environment, secrets and lies | Leave a comment

Morrison government rushing to make Austraia’s environment laws even weaker: a recipe for extinctions

‘Recipe for extinction’: why Australia’s rush to change environment laws is sparking widespread concern

Critics argue shifting approval powers to the states without an independent regulator will fail to protect the environment,   Guardian,  Lisa Cox– 6 Sept 20

Anger over proposed changes to national environmental laws is escalating, with legal, health and conservation groups urging that they not pass the Senate, with some warning it would increase the extinction rate.

The government rammed its legislation to change Australia’s Environment Protection and Biodiversity Conservation Act through the lower house on Thursday night, prompting outrage from Labor, the Greens and crossbench.

WWF-Australia says the bill in its current reform is a “recipe for extinction” and lacks standards that would ensure strong protections for nature, as well as a commitment to an independent regulator to enforce the law.

“There is more than just wildlife at stake here,” Rachel Lowry, WWF-Australia’s chief conservation officer, says. “If approved, this bill will fail Australians at this critical moment in time because it fails to incentivise win-win solutions that stimulate our economy and protect the places and animals we love.

“Shifting approval powers to the states without an independent regulator to ensure enforcement would be the most damaging environmental decision to occur within Australia in recent decades.”

The government’s bill would amend Australia’s environmental laws, clearing the way for the transfer of development approval powers to state and territory governments.

The prime minister, Scott Morrison, and the environment minister, Sussan Ley, have argued the changes are necessary to aid Australia’s economic recovery from the Covid-19 pandemic.

The proposed changes passed the lower house on Thursday night after the government used its numbers to gag debate on the bill and amendments proposed by Labor and the crossbench.

No member of the government spoke on the bill, which still has to pass the Senate and will likely be debated during the October budget sittings.

Rachel Walmsley, the policy and law reform director at the Environmental Defenders Office, says the government is trying to avoid scrutiny.

She warns the bill has the potential to undermine the statutory review of the EPBC Act, chaired by the former competition watchdog head Graeme Samuel, which is not due to table its final report until the end of October.

The key finding of Samuel’s interim report was that Australia’s system of environmental protections had failed and the decline of wildlife and habitat was unsustainable.

“It was a fairly atrocious process that, moments before adjournment, they rammed it through,” Walmsley says.

“The gagging of the debate, the fact they prevented voting on amendments and the fact no government MP stood up to justify the policy – it prevented proper parliamentary scrutiny.”

The Climate and Health Alliance, which is a coalition of Australian health organisations, has called on the Senate to block the amendments.

“Australia’s natural environment is declining on every possible measure. We lead the world in animal extinctions,” says the alliance’s executive director, Fiona Armstrong. “There is no economy without a healthy environment.

“The government is trying to rush through amendments to our environmental protection laws that would weaken them in favour of expanding gas and fossil fuel projects that harm the environment and threaten human health.”

The Law Council of Australia has called for the bill to be put before a parliamentary committee for inquiry and not rushed through the Senate.

The government and One Nation have blocked several attempts by the Greens to have a parliamentary committee examine the bill.

International obligations

The Law Council says the government needs to make sure it retains oversight of matters of national environmental significance if it enters into bilateral approval agreements with state and territory governments.

The council says this is particularly important for ensuring Australia still meets its obligations under some 33 international treaties and protocols to which it is signatory, including for world heritage sites…….. https://www.theguardian.com/australia-news/2020/sep/06/recipe-for-extinction-why-australias-rush-to-change-environment-laws-is-sparking-widespread-concern

September 7, 2020 Posted by | AUSTRALIA - NATIONAL, environment, politics | Leave a comment