I bumped into a journalist I knew in the coffee queue at Parliament House, and he asked what I was up to these days. I told him I was looking at the environment law reforms. “Oh yeah, those,” he said confidently, then thought about it for a while before asking: “So, what’s the deal with that?”

Do you trust YOUR state premier to ensure their survival

Indeed. Most of us know something is happening with our national environment laws, but not exactly what, and if or how it will affect us. It’s quite complex, and I could talk about it for days.

But I don’t have days, I have a flat white coming in three So for all of you in the virtual coffee queue out there, here’s my three-minute, coffee-queue guide to the environment law reforms. They’re a niche interest. They only matter to you if you care about The Great Barrier Reef, native forests, The Tarkine, The Kimberley or any environmentally significant place in Australia, koalas, tassie devils or any species facing extinction, the multi-billion dollar eco-tourism industry or long-term, sustainable jobs, clean air, water or food.

The environmental law reforms may also matter to you if you have kids, or may have kids who may one day care about any of the above.

Are the current laws working?
Not well. The government’s own studies show us going backwards on the environment every decade, losing more precious habitat, forests, grasslands and marine wildernesses. The number of species under threat has nearly tripled in the last twenty years. Clearly, the laws haven’t been strong enough to protect some parts of the environment that needed protecting.

What will the reform package do?
These changes will weaken the laws even further. The biggest change will be that the federal Environment Minister, Tony Burke, will hand most – if not all – of his powers to state governments. This is awful news for the environment.

Why are the states so bad?
Have a look at their track record. Without the federal government, state governments would have dammed the Franklin River, put oil rigs in the Great Barrier Reef and built Traveston Dam, destroying areas and wildlife we now consider too precious to lose. Right now, Tasmania is planning tin mining for the Tarkine, Victoria is about to log their state emblem, Leadbeater’s Possum, to extinction, and NSW will open National Parks to shooting.

You wouldn’t want this bunch looking after your dog, let alone endangered species or critical habitat. But by March next year, that’s exactly what’s going to happen. Because the cash-strapped states often get direct benefit from development, like mining royalties and land tax, there’ll always be a fox-in-charge-of-the-henhouse element to it. That’s why we have a federal Environment Minister. (And also because we’ve signed some pesky international obligations to protect certain parts of our environment, like World Heritage and Ramsar wetlands.)

Why are these changes happening?
Because the Australian Government chose to listen to big business instead of Australian communities. The Business Council of Australia claimed that there was too much environmental regulation, a claim without independent evidence. With no consultation with the public, the government rolled over.

Why would Tony Burke agree to this?
To be honest, Tony Burke’s track record as federal Environment Minister hasn’t been that great either. He helped out Tasmanian miners by letting the Tarkine’s heritage-listing lapse. He let the oil and gas giants call dibs on the bits of the Kimberley and marine areas they wanted, before protecting what was left. The big stoush he had with Campbell Newman over the Great Barrier Reef was a total furphy, as it was Tony Burke’s approvals of major coal and gas ports next to the Reef that sparked international alarm in the first place. And recently, he’s just approved the largest coal mine in the southern hemisphere.

On the plus side, he stopped grazing in Victorian Alpine Parks and gave federal protection to koalas, as development approved by state governments has sent numbers in the wild plummeting – but come March next year, responsibility for protecting koalas goes right back to the states.

And these are the law changes in a nutshell – the federal Environment Minister wants to make protecting the environment somebody else’s problem. Which will make him not much more than a taxpayer-funded guy in a suit with his name on the door.

What are the politics around this?
Australians are used to thinking of Labor as OK on the environment, and the Liberals not so much. But here we have environment laws that were introduced by the Howard Government which are being made worse by Labor. Even John Howard’s old Environment Minister has said this handover to the states is a mistake.

But in case this reversal is doing your head in, don’t worry, it doesn’t last – Tony Abbott’s Coalition is backing these reforms to the hilt. So Labor and the Liberals finally agree! Unfortunately, what they agree on is selling out the environment.

Is it really that bad?
Sorry, it really is. The environment sector has called these reforms the worst thing to happen to our environment in thirty years.

What can I do?
Well, first you can have your coffee. If you’re as disappointed in these reforms as I am, you can write to the PM, her Environment Minister or your local member asking them not to flog off the environment to the states. But at the very least, next time you’re in line for your morning caffeine, you can have a chat with the person next to you about what the law reforms really mean for us. It would be a shame if Australia’s biggest environment fire-sale happened without everyone knowing about it, just because nobody took three minutes to explain it in the coffee queue.

Comments on this post close at 8pm AEST

Most commented

33 comments

Show oldest | newest first

    • Super D says:

      05:39am | 23/10/12

      I would have thought that the NSW government allowing shooters to cull feral animals would be a good thing environmentally speaking? I get that people don’t like hunters but this has nothing to do with the environment.

    • Get Real says:

      01:43pm | 23/10/12

      And what about the people using the parks for hiking, picnics, etc? Where is there safety taken into account? Also how will the welfare of the animals be monitored?

    • Gregg says:

      02:28pm | 23/10/12

      @get real
      You ought to really check out just what parks it is proposed to allow shooters into and you might well find the numbers of walkers and picknickers are going to be very few and far between.
      In addition, there will of course be some controls in place and chances of injury are likely to be far less than that of a pedestrian somewhere.

    • HARRIETT SWIFT says:

      03:31pm | 23/10/12

      Allowing a bunch of gun toting amateurs into National Parks is no way to control feral animals. Letting them into NSW State Forests has made NO DIFFERENCE to their feral animal populations. I wonder how many native animals were killed or injured by these goons. There is absolutely no policing.

    • Tim says:

      06:47am | 23/10/12

      Having the federal government in charge of this has been a joke.

      They cause massive unnecessary delays in needed development and don’t achieve any real environmental outcomes anyway.

    • Admiral Ackbar says:

      12:27pm | 23/10/12

      Yeah I’ve experienced this in my work. Quite often in my position I’ve had to liase with the feds on behalf of the state government because they won’t talk to each other, and poor environmental outcomes ensue.

      But to be honest, I’d probably say that unnecessary development causes massive delays in achieving good environmental outcomes. The urban sprawl for example is highly costly and unnecesary for the most part as long as we can do infill development, which where I am is completely viable but not pursued.

      Hopefully with the upcoming strategic assessment we can at least slow down the reckless developers and actually have something left to keep before they ruin the lot.

    • Mahhrat says:

      06:53am | 23/10/12

      Well, at least we’ve got that lonely planet review.  Oh wait, that’s because a rich professional gambler invested a whole chunk of money he didn’t have to into an art gallery.

      Here’s a question for you, OP:  How many rich investors do you know?  Is there enough of them to keep Tasmania’s economy afloat?  Without all the government intervention we receive from the mainland?

      I doubt it.

      Mate, I get conservation.  It’s a good idea.  We should protect flora and fauna.

      But we also need to be able to put food on the table.  I love and want to protect Tasmania’s glorious environment, but I also love and want to protect Tasmanians as well.

      The problem with your argument is that you have no solution to the lack of $$ that results from locking down all natural resources. 

      So, what is your solution to all the delicious problems you mention?

    • Admiral Ackbar says:

      12:30pm | 23/10/12

      Do humans have the right to exist at the expense of countless other species? We’re not that special.

      “So, what is your solution to all the delicious problems you mention?”

      Less people wink

    • Gregg says:

      06:58am | 23/10/12

      It probably makes little difference whether it’ll be a state or federal government, developments and some environmental stuff ups will no doubt occur hand in hand.
      Maybe if we’ll just have a guy in a suit with a name on the door, we’ll just have to rely on facebook and twittering by all those people who mostly probably never hardly get out into a more natural habitat.

      Meanwhile, with just a few over twenty million in our country I suspect we’ve got a long way to go with developments yet before we really endanger too much.

    • Mik says:

      07:27am | 23/10/12

      From what I ‘m hearing there are some real conservationists out there in the farming/rural sector but they feel very let down by the political green movement. That indeed the latte comes first and that the wisdom of old farmers is too close to a reality that is better ignored.

    • Admiral Ackbar says:

      12:31pm | 23/10/12

      “they feel very let down by the political green movement”

      That’s because the ‘political green movement’ has not been about conservation for some time now.

    • HC says:

      07:36am | 23/10/12

      This government lost an excellent opportunity to nationalise environment laws and remove a lot of the “green” tape that businesses have to go through when they introduced the carbon tax.  In fact a lot of businesses were critical of this lost opportunity, moreso than their objection to the tax itself.  Having one set of laws and one national department in charge of protecting Australia’s environment would create a great deal more certainty and massive reductions in costs to businesses instead of creating the toothless, impotent laws the government’s putting through now.

      The laws don’t have to be toothless to support business, they just need to be clear.

    • Don says:

      08:26am | 23/10/12

      The Federal government exists because of the states - not the other way around. Deal with it.

    • gnome says:

      10:06am | 23/10/12

      Ah but they got the Foreign Affairs power.  That’s what got the cattle out of Victorian national parks and has Tony Berk posturing about anything else he wants to.

      Time for a constitution change, because the people are being treated with contempt.

    • Isaac Ray says:

      10:06am | 23/10/12

      Thanks for the info Larissa. Sadly I am dissappointed with the comments I have read so far. When I was growing up our state forests were selectively logged. Now they are clearfelled and then burned. Environmental management by the states is madness. Shooting in Nat. Parks by amateurs isn’t something that is compatible with the ambiance I seek when in there. The part 3A laws in NSW are approving huge estates that its own studies recommend do not go ahead (such as Catherine Hill Bay and surrounds). Australia has the worst level of species loss due to humans in the modern world and someone on here said that nothing is yet endangered. Another says we should trust the farmers. Have you looked at aerial maps of Australia? Most Farmers have very little if any forest left on their land and have no desire to restore ANY either.I dont know what is wrong with all these people but the Greens are the only party who actually get it. Put it this way, The Greens wont let us starve or become “poor” or stop resource extraction. They will manage our resources so that our nation becomes better off.  The way it is going, we won’t be better off at all.

    • andrew says:

      12:35pm | 23/10/12

      The Greens would like to see the “success” of Tasmania extend to the mainland. They don’t mind that the (official) unemployment rate in Tasmania is 7.3% compared to the national average of 5.1%.

      http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by+Subject/1367.0~2012~Main+Features~Unemployment+Rate~7.4

      The Greens fail to realise that eco-tourism can not replace the incomes lost through the collapse of the forestry, mining and commercial fishing industries. I’m going to have to disagree with you Isaac but I think that yes, the Greens will let us starve (especially if you happen to enjoy eating meat) and become poor.

    • Ken says:

      01:35pm | 23/10/12

      @Andrew-The 3 industries you list mining, forestry and fishing, have reduced the number of people employed because they use bigger or more efficient machinery, that require fewer prople. 

      How many people do you think lost their jobs, in the forestry industry, when they did the conversion from hand tools to chain saws?

    • andrew says:

      02:58pm | 23/10/12

      good point Ken - in many cases fewer workers are required to produce the same output via new technologies and up scaling. I still think that when 40% of Tasmania is national park as opposed to 4% of Australia as a whole (quick internet search feel free to dispute the numbers) clearly the environmentalists have had a little too much say down there.

    • Lauren says:

      10:51am | 23/10/12

      If we need an indication of the disastrous consequences of handing the states power to manage our environment and wildlife, we need look no further than the catastrophe of Regional Forest Agreements (RFAs) - a bilateral arrangement that has seen the ongoing devastation of native forests, the continued dwindling of native wildlife, poor economic outcomes and a legacy of community conflict and angst.

      Time and time again it has been federal intervention that has prevented the evisceration of our precious and iconic wild places as a result of short sighted state planning - The Franklin River, the Barrier Reef, Victoria’s Alpine National Parks. Our environment and unique wildlife is under unprecedented threat, and it is time to strengthen, not weaken our federal environment laws.

    • Michele Bain says:

      10:53am | 23/10/12

      I truly despair of my fellow Australians at times. To suggest that we don’t need to protect our environment because ‘most of us don’t get out into it all that much’ is absolute idiocy.

    • Admiral Ackbar says:

      12:33pm | 23/10/12

      Nevermind that without said environment we wouldn’t exist in the first place.

    • Jill says:

      11:14am | 23/10/12

      The Business Council of Australia (BCA) is claiming that adhering to commonwealth environmental laws costs it dearly – between $270 and $820 million over the life of the EPBC Act (2000-2009). This is why the laws need to go they say. But let’s put that in context …

      To quote from the BCA’s own report - “there are around $900 billion of committed and prospective investment opportunities in large … scale projects, mostly in resources and economic infrastructure”.

      This represent just 0.03% to 0.09% of the value of the current investment pipeline for large scale projects in Australia.

      This plan shows that the Gillard Govt represents big business, above all else!

    • Ally says:

      11:30am | 23/10/12

      Thanks for your informative, eloquent article Larissa. I am deeply concerned about the ramifications of these law reforms.

    • baddog says:

      11:55am | 23/10/12

      A great article and I’m saddened this subject isn’t ‘sexy’ enough to make more headlines. I used to be a QLD Government Vegetation Management Offier. It was my job to ensure landowners did not clear endangered ecosystems. I have a relevent environmental degree and access to plenty of botantical/ecosystem mapping to assist with my job. Now the QLD Campbell Gov is scrapping this job and allowing landowners to decide what’s endangered and what isn’t. WTF? True story. What could possibly go wrng?? Yes, things really are this dire in QLD now.

    • St. Michael says:

      11:58am | 23/10/12

      So, Greens, with your primary vote plummeting, a carbon tax that doesn’t do anything you want it to do, and now Tony Burke basically divesting himself of the whole environment portfolio, how’s that whole Labor alliance workin’ out for ya?

    • Gordon says:

      12:12pm | 23/10/12

      Jill,  For the 900 billion (or whatever it is) to happen, there has to be 900 billion + coming back over the life of those projects. A lot of money gets spent already on compliance at a state level, if you add extra hundreds of millions of expenditure on Fed compliance pretty soon that + becomes -, and then it all falls over. $901 returned from $900 invested is OK(ish). If only $899 can be returned you’ll never get the $900 in the first place.

        In other words a loss might be a small proportion of the total investment, but why would you make the investment at all if it’s going to result in a loss? Much of that 900 billion dollar “pipeline” of future investments will simply disappear like smoke.

      This is NOT to say that bad projects should get a free go, only that imposing what looks like modest overheads can make a bigger difference than you might think.

    • Imogen says:

      12:28pm | 23/10/12

      I have to think that the first few commenters on this article don’t fully grasp what is at stake here.

      Take one example - The Great Barrier Reef. It provides over $5 billion to our economy, thousands of jobs.  Once it’s gone it’s gone, and all those jobs and economic wealth with it.

      Ask the Gladstone fishermen who’ve lost their livelihoods thanks to the dredging of their harbour what that’s like. Are their jobs - good, long-term jobs that help us eat I might add - worth less than ultimately short-term jobs shipping out our coal?

      I’m also trying to imagine an Australia where you can’t show your kids a koala, can’t see the total joy on their face when you take them for their first swim on the Reef, have to accept that Tasmanian Devils went the same way as the Tasmanian Tiger.

      We are incredibly wealthy right now; and that’s because of our higher education and finance sectors just as much as mining. Why on earth would we focus on a short-term economic gain that costs us the Great Barrier Reef and our tourism industry?

      Thanks Larissa, for speaking sense.

    • Woody says:

      12:39pm | 23/10/12

      Tourism brings more money to Australians than mining and the money flows through to communities faster rather than lining the pockets of billionaires. The fastest growing form of tourism in the past 10 years has been ecotourism.

      Protecting the national parks is protecting the economy.

    • andrew says:

      01:08pm | 23/10/12

      Actually Woody a 2 minute Google search revealed that tourism is responsible for only 2.5% of GDP , while mining is responsible for 8.2%.  Feel free to keep your head in the canopy but the facts speak for themselves.

    • DocBud says:

      01:32pm | 23/10/12

      Never let the facts get in the way of ideology, eh, Woody? You just know someone saying something like “and the money flows through to communities faster rather than lining the pockets of billionaires” is not going to be too bothered about accuracy. Come up to the Bowen Basin and the nearby towns of Mackay and Rockhampton to see that the money flows to the communities plenty fast enough.

    • Willie says:

      01:00pm | 23/10/12

      Wow what happened at 10.
      Someone called in the cavalry, sounds like any second now captain planets going to turn up.

    • Corinne says:

      01:18pm | 23/10/12

      I actually opened this article thinking that I was going to read a sob story about how we’re going to cull one of our iconic species and had my argument ready and rearing to go….(I actually support culling of koalas as in many areas they are starving themselves out of these areas and suffering, not because o habitat loss but actually their introduction into previously koala unpopulated areas ) Instead I’ve read something far more distressing. As with the school curriculum in Australia which is finally being made the same throughout the country, I feel that federals should hold all the power for all environmental interests…. However, I know that state governments have been pushing to regain power over these interests since they lost it, and it’s all because of greed, their want to be able to make all of their own decisions without consulting higher office so they can make more money for themselves and have less consideration for the effects it will have onthe country as a whole. As an environmental scientist it actually really scares me, it’s like giving power to a toddler, letting them have power to make decisions on what they get on a day to day basis…. Toddlers do not have the capacity of forward thinking and greater consequence, in my opinion, neither do the states.

    • owl says:

      06:10pm | 23/10/12

      Carbon dated 600 year old trees are being felled and pulped in WA.  The sickening disrespect we have for nature is beyond belief. State control of the environment is the classic fox in charge of the chickens scenario.

 

Facebook Recommendations

Read all about it

Punch live

Up to the minute Twitter chatter

Recent posts

The latest and greatest

The Punch is moving house

The Punch is moving house

Good morning Punchers. After four years of excellent fun and great conversation, this is the final post…

Will Pope Francis have the vision to tackle this?

Will Pope Francis have the vision to tackle this?

I have had some close calls, one that involved what looked to me like an AK47 pointed my way, followed…

Advocating risk management is not “victim blaming”

Advocating risk management is not “victim blaming”

In a world in which there are still people who subscribe to the vile notion that certain victims of sexual…

Nosebleed Section

choice ringside rantings

From: Hasbro, go straight to gaol, do not pass go

Tim says:

They should update other things in the game too. Instead of a get out of jail free card, they should have a Dodgy Lawyer card that not only gets you out of jail straight away but also gives you a fat payout in compensation for daring to arrest you in the first place. Instead of getting a hotel when you… [read more]

From: A guide to summer festivals especially if you wouldn’t go

Kel says:

If you want a festival for older people or for families alike, get amongst the respectable punters at Bluesfest. A truly amazing festival experience to be had of ALL AGES. And all the young "festivalgoers" usually write themselves off on the first night, only to never hear from them again the rest of… [read more]

Gentle jabs to the ribs

Superman needs saving

Superman needs saving

Can somebody please save Superman? He seems to be going through a bit of a crisis. Eighteen months ago,… Read more

28 comments

Newsletter

Read all about it

Sign up to the free News.com.au newsletter