Climate Action Merribek was one of over 100 organisations who signed an Open Letter to the Environment Minister Tanya Plibersek calling for an effective climate trigger in national environment laws. The Open letter was co-ordinated by the Australia Institute.

The update to these laws were promised to occur before the end of 2023, but were pushed back to 2024.

This week the Environment Minister announced three associated changes to national environment laws :

• Establishment of Australia’s first national independent Environment Protection Agency with new powers and penalties to better protect nature.
• Establishment of Environment Information Australia which will give businesses easier access to the latest environmental data, release State of the Environment reports every two years, and report on progress on national environmental goals.
• Faster environmental approval decisions on projects, thanks to a $100 million investment, including on renewables and critical minerals.

The first two are positive improvements. The third provides faster approvals of projects (both renewables and fossil fuels), yet still without positive reform of environment law to include climate impacts and a climate trigger approvals mechanism.

The Australia Institute asserts the delay in improving national environment laws, including climate assessments and a climate trigger approvals process, will likely lock in:

• allow at least 30 new fossil fuel projects to be approved under existing laws created by the Howard Government and weakened under the Abbott Government, driving further ecosystem collapse and species extinction.
• These fossil fuel projects represent up to 17 billion tonnes of emissions (or 30-years of Australia’s total annual emissions):
  • Up to 25 new coal projects would release over 12 billion tonnes of potential Co2-e, according to the Australia Institute’s Coal Tracker.
  • Several giant gas projects in WA, including Woodside’s Burrup Hub expansion, would release over 5 billion tonnes of carbon emissions.

At the 2022 election Labor promised to update national environmental laws in the Environment Protection and Biodiversity Conservation (EPBC) Act to meet current needs, including on climate threats. It also promised no new species extinctions. Without a climate trigger in these laws projects will certainly be approved which will result in species extinctions, as well as contributing to the acceleration of the climate crisis.

Climate Action Merri-bek Convenor John Englarrt called on Labor MP Peter Khalil to heed the many citizens of Wills in fast tracking national environment laws that also includes a climate trigger approvals process.

“Peter Khalil needs to take note of his colleague, the current Prime Minister Anthony Albanese , who introduced a Climate Trigger bill in Federal Parliament in 2005. Labor knows what needs to be done. This is crunch time for Labor action on climate.” said John Englart.

Open letter Text

DEAR ENVIRONMENT MINISTER TANYA PLIBERSEK

The world’s climate scientists, the International Energy Agency and the UN Secretary-General have made clear that if the world is to avoid more than 1.5°C of global warming there can be no approvals of new coal or gas projects or expansions.

Right now, the Great Barrier Reef is bleaching for the fifth time in eight years because of climate change.

The Australian Government keeps pouring fuel on the fire by approving new coal and gas projects.

Our national icons and wildlife will not survive unless we urgently change course.

But Australia’s environment laws are not fit for purpose.

There is no requirement in our national environment laws for the Government to reject fossil fuel projects even if their full climate impacts will cause major harm to Australian environments—our national environment laws lack a ‘climate trigger’.

In 2005, Anthony Albanese proposed a Bill calling for a ‘climate trigger’ in Australia’s national environment laws, saying:

“The glaring gap in matters of national environmental significance is climate change…
It is time to act. It is time for procrastination to end.”

We agree. To be effective, Australia’s nature laws require:

• 1 // A ‘climate trigger’ that enables fossil fuel projects to be refused if their full climate impact, including scope 3 emissions, will cause harm to Australian wildlife and habitats like the Great Barrier Reef.
• 2 // A public right to appeal an environmental decision on its merits, to test whether the science and information it was based on was valid.
• 3 // Prohibitions on the outsourcing of decisions on national environmental issues to state and territory governments and other statutory authorities.
• 4 // Cumulative impact assessments to ensure that projects are not assessed in isolation, but in the context of other approvals.

Without a climate trigger, the Government’s proposed reforms will continue to protect the fossil fuel industry instead of our unique environment

AUSTRALIA’S ENVIRONMENT LAWS MUST STOP NEW FOSSIL FUEL PROJECTS

You can add your name to the open letter here: https://nb.australiainstitute.org.au/epbc_open_letter

References:

Australia Institute, 18 April 2024, Government Environment Reform Backdown Set to Lock In New Fossil Fuels and Extinctions https://australiainstitute.org.au/post/government-environment-reform-backdown-set-to-lock-in-new-fossil-fuels-and-extinctions/

Minister Tanya Plibersek, DCCEEW, 16 April, 2024, Environment and business to benefit from Nature Positive Plan https://minister.dcceew.gov.au/plibersek/media-releases/environment-and-business-benefit-nature-positive-plan

Climate Action Merribek, APRIL 4, 2024, I want to see urgent climate action because… 74 letters to Labor MP Peter Khalil https://climateactionmerribek.org/2024/04/04/i-want-to-see-urgent-climate-action-because-74-letters-to-labor-mp-peter-khalil/

Climate Action Merribek, FEBRUARY 8, 2024 Climate Trigger not needed says Senate Committee majority report, despite public support https://climateactionmerribek.org/2024/02/08/climate-trigger-not-needed-says-senate-committee-majority-report-despite-public-support/

Climate Action Merribek, SEPTEMBER 26, 2023, Merri-bek citizens call for Pause of new coal and gas projects, prioritise a Climate Trigger in EPBC Act at Peter Khalil MP’s Coburg office https://climateactionmerribek.org/2023/09/26/merri-bek-citizens-call-for-pause-of-new-coal-and-gas-projects-prioritise-a-climate-trigger-in-epbc-act-at-peter-khalil-mps-coburg-office/

Lead Image: Australia Institute on X