The most controversial aspects of Federal Labor’s proposed new environmental protections may remain under wraps until after the next election, with Prime Minister Anthony Albanese ducking questions about whether the detail would be released before Australians go to the polls.
The Commonwealth has been intensely criticised over the secretive consultation process for new “nature positive” laws, with many of the key pillars of the plan still shrouded from public view.
The backlash – led by WA’s resources sector – resulted in Environment Minister Tanya Plibersek last month confirming she would break up the sprawling reform package.
The Albanese Government remains committed to establishing a federal environmental protection agency – with legislation expected within weeks – but the new standards the watchdog will be tasked with policing will not come until a later date.
Asked on Thursday whether the full detail would be provided prior to the next election, Mr Albanese would say only that his Government was still “consulting”.
“It’s something that characterises my government, is consultation and getting details right,” he said.
The Prime Minister also denied scepticism over the nature positive reforms had hurt his electoral prospects in WA, which — alongside Queensland — shape the key battlegrounds of the next election.
“Not at all. (The decision to break up the legislation) confirms here in Western Australia that we, along with the Western Australian Government, want to get measures right,” he said.
WA Environment Minister Reece Whitby last month insisted the entire draft of the final Nature Positive Bill should be released for public comment before it was introduced to Parliament.
Mr Whitby’s intervention came in a sit-down meeting with Ms Plibersek alongside Premier Roger Cook in Canberra.
“We need to have industry and environmental stakeholders be aware of what the changes are and so they have input into that process,” Mr Whitby said.
“It was a very clear message that I made, that we need to see a draft piece of legislation and we need to be able to have conversations about it.”
The main aim of Federal Labor’s plan was to achieve “net positive” outcomes for nature, including by requiring proponents to leave the environment in a better state than it was found.
Exactly how the Commonwealth plans to accomplish that remains uncertain.
In the UK — where a similar concept has been legislated — the “biodiversity net gain” has been set at 10 per cent – but the percentage in the proposed Australian laws has not been confirmed.
There is also uncertainty over how States will be accredited to carry out the assessment functions of the Federal EPA – a key step to achieving one of Ms Plibersek’s stated aims of stripping duplication out of the current system.
Asked on Wednesday whether Mr Albanese should release the full nature positive details prior to the next election, Mr Cook said the timing was “for the Federal Government to choose”.
“But obviously what I’ve been urging both the Environment Minister… and the Prime Minister is that they need to consult with industry and provide every opportunity for industry, the environmental stakeholders, the traditional owners, all to have their input so that these laws work in everyone’s interest,” the Premier said.