The Albanese government has struck a historic deal with the Greens to secure passage of major reforms to Australia’s national environment laws, defying fierce opposition from the resources sector, the Queensland government and farm lobby.
Environment Minister Murray Watt led negotiations on changes to the Environment Protection and Biodiversity Conservation (EPBC) Act, after Prime Minister Anthony Albanese instructed him to secure backing from either the Greens or the Coalition to pass the legislation in the Senate by year’s end. Watt had pursued parallel offers to both parties before Labor ultimately opted to lock in support from the Greens, despite pressure from mining interests for a more business-friendly compromise with the Coalition.
Environmental powers expand but industry is not happy
The agreement marks the most significant expansion of federal environmental powers over the states since Bob Hawke intervened in 1983 to halt the Franklin River dam. Albanese described the outcome as “a great win for the environment and a great one for business”, saying it fulfilled decades of campaigning by Labor’s rank-and-file.
But the deal has triggered an eleventh-hour backlash from Queensland’s Crisafulli Liberal National Party government, which has urged Watt to abandon the agreement.
Queensland Mines and Natural Resources Minister Dale Last wrote to Watt warning that Labor’s concessions to the Greens – including excluding coal and gas projects from streamlined assessment provisions that will still apply to critical minerals and renewables – represent a “retrograde step that would put Queensland jobs at risk”.
Last argued the carve-out for fossil fuel projects would damage investor confidence, destabilise the energy system and weaken the resources sector’s contribution to economic and energy security. He urged Watt not to be “held to ransom by the Australian Greens, whose extreme anti-resources agenda puts at risk the well-paid resource jobs that directly support Queensland families”. The Crisafulli government has positioned itself as a defender of the sector, vowing to keep the state’s coal fleet running longer and releasing nine new gas tenements.
The National Farmers’ Federation has also come out against the Greens deal, particularly tighter controls on what has been labelled “high-risk land clearing”.
President Hamish McIntyre said farmers, who manage more than half of Australia’s land mass, had long been burdened by complex federal laws and had backed “genuine reform”, but could not support the current package. He warned that the proposed land-clearing measures were unclear and said the NFF was urgently seeking detail on how they would operate in practice.
MCA to work with government
Minerals Council of Australia chief executive Tania Constable said that while the council still holds some reservations about the environmental reforms, it will now press the government to “rapidly accredit all states for both assessments and approvals”, arguing this would help deliver a more competitive Australian minerals sector.
She said such accreditation would mark “a major step forward” for miners that currently face a “laborious, lengthy and complex double-track” federal and state assessment and approvals regime for largely identical issues.
Constable also welcomed the inclusion of several provisions long sought by the MCA and other industry bodies. These include:
- a simplified definition of “unacceptable impacts”, creating a clear new threshold under which projects are either rejected outright or proceed to detailed assessment
- a 28-day cap on Environment Protection Orders
- the retention of key existing approval pathways using preliminary documentation, the most commonly used route for resources projects.
The federal government has hailed the deal as a “significant victory”, with Prime Minister Anthony Albanese saying it will help “speed up the rollout of critical minerals projects”.
He told reporters the reforms are a win for both the environment and business, including Australia’s growing critical minerals sector, and will help unlock investment to fast-track housing, renewable energy and critical minerals developments.
“We’ve been held back by environmental laws that were not fit for purpose,” Albanese said. “This package speeds things up in a way that is sustainable and protects our pristine natural environment for this and future generations. This is a proud moment for the country.”