Nature Laws Fall Short For Ocean And Marine Life

Australia's nature law reforms risk repeating the failures of the past, with the bills introduced to parliament today falling short of the strong, enforceable protections needed to safeguard our wildlife, coasts and ocean, the Australian Marine Conservation Society (AMCS) said.

The bills show progress on some fronts but the Albanese Government must lift its ambition so the laws deliver for nature, not just for business.

AMCS Chief Executive, Paul Gamblin said: "Australia's irreplaceable wildlife and the places we love are in steep decline. Australians want laws that protect nature, and the bills being introduced today don't do the job. With the right amendments, this legislation could deliver for nature. We call on all parties to ensure Australia finally has strong, enforceable nature laws.

"We welcome the recognition of damage to critical habitat – crucial for protecting wildlife – as an unacceptable impact in the Act for the first time. That's a vital safeguard, common sense and can provide both nature and business with greater certainty and guidance. However, other aspects of the proposed reforms are ambiguous and risk repeating failures of the past."

"One of the biggest failures of the current EPBC Act is the excessive discretion held by the minister of the day, and the Samuel Review recognised how political decision-making eroded public trust. Yet the reforms introduced today still allow far too much discretion, rather than setting clear limits and binding standards. This includes expanding rather than constraining the national interest exemption.

"These laws must close loopholes that allow the vast rates of deforestation within the Great Barrier Reef's catchments, and address climate change – the greatest threat to our reefs and a key driver of the algal bloom currently devastating South Australia's marine environment".

"Threatened species such as the Australian sea lion need strong, outcome-based standards that make decision-makers accountable. We must be able to track whether these laws are protecting nature, as Australians expect," Mr Gamblin said.

To meet community expectations, AMCS is calling for amendments to ensure the legislation:

  • Constrains ministerial discretion that enables weak or politicised decisions.
  • Closes loopholes that allow deforestation in the Great Barrier Reef catchment and shark nets to continue to be deployed without assessment.
  • Requires climate impacts to be considered in every decision.

AMCS also raises serious concerns about the proposed handover of approval powers to state and territory governments.

"We remain highly concerned that the legislation could be passed before strong, legally-enforceable national environmental standards are finalised, which creates significant risk. Without those guardrails, Australia's globally important reefs, kelp forests, coastal wonders and the precious wildlife that rely on these places will pay the price".

"We call on the Albanese Government to lift its ambition and get the job done on nature laws, once and for all," Mr Gamblin said.

Header: Tracy Olive

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