We need you once again to get active to remind the Federal Parliamentary Party of the position in the Platform, call them to ensure Labor's position reflects it. This is about Labor listening to its members and respecting its democratic processes as well as the environment. 

UPDATE

Release of the final Graeme Samuel Review

The final report of the Graeme Samuel independent review of the EPBC was released on January 28 2021. You can read it here. 

CAMPAIGN MATERIALS - July 2020

Graeme Samuel's interim report is a mixed bag, it does include a number of ideas on important issues like indigenous and other cultural heritage. The Executive Summary is worth a read. 

Fundamentally however, when it comes to environment protection he has come up with a proposal to change the laws that has three inter-connected elements. 

REFORM ONE

Make protecting the environment mandatory. Currently the laws are process driven and do not obligate anyone to actually stop the environment decline. Samuel has recommended that strong national standards make environmental protection a legal obligation. This provides certainty for the environment and for business in knowing if their development proposals are likely to gain approval. 

What Labor's Platform says, what the Government says

This is a great reform and was central to LEAN's campaign for environmental law reform and is in our National Platform. The Morrison Government has said they will pursue this. Our task is to make sure they are strong.

REFORM TWO

On the basis that the laws criteria are much clearer, Samuel has proposed that the federal government hands over its decision making role to the states. This is of particular concern as the states have a woeful history of defending the environment and applying high standards. What's more the federal environment laws are about delivering on our international treaty obligations, you can't hand these over!  As ex treasury boss, Ken Henry said last month, “The big one, the really tough one, is environment. There I can see the sense in leaving it to the states. But their record has been so bad, I would not. It’s just terrible."

What Labor's Platform says, what the Government says

This is a bad idea and is explicitly rejected in our National Platform. It has been proposed again and again by business interests and Labor has stood firm against handing decision making to the states. 

Our Platform couldn't be clearer: Labor will not support handing approval powers under the Environment Protection and Biodiversity Act 1999 to state and territory governments and will terminate any arrangements that give states these powers (ALP National Platform 2018, Chapter 4, paragraph 47, p 80) 

The Government plans to enact this immediately without putting in place the national standards or the EPA. This is a disaster.

REFORM THREE

To ensure we can trust the states to actually deliver the national standards, Samuel has proposed an independent EPA (Environmental Protection Authority). He says “a strong, independent cop on the beat is required.” The current laws are not only inadequate, they are seldom enforced. Samuel's proposed EPA would keep an eye not only on the states as well as the developers.

Since 2010 there have been only 22 fines issues for breaches of EPBC development conditions, totally $230,000. That is about the same as Dubbo Council levies in parking fines every year.

What Labor's Platform says, what the Government says

Our platform explicitly supports the creation of an EPA and confirms its importance. For the purposes of managing matters of national environmental significance, [Labor will] create strong, well resourced, science based institutions to administer the law: including a federal Environmental Protection Agency...

The Government has ruled out creation of an EPA.

Key points for your advocacy with the Labor Party

1. We have a legacy to defend: Labor has always been the party for the environment. We have shown again and again that Commonwealth leadership matters - Labor Federal governments protected the world's largest marine sanctuary, the Franklin River, Kakadu and the ancient rainforests of the Daintree. It's time for Labor to stand up again. 

2. We have clear policy to inform our response: The ALP National Platform matters! 500 branches and many rank and file members of the ALP supported the adoption of strong policy to better protect the environment through Federal environment laws. LEAN worked hard to deliver good policy through the party's democratic processes in establishing the Platform. 

3. Labor should adopt three bottom lines:

1. Labor supports creation of National Standards, but insists they are strong.

2. Labor does not support devolving the federal government's responsibilities for protecting the environment to the states. Labor does not support development approval bi-laterals.

3. Labor insists that the reforms include creation of an EPA. Samuel's proposals will fail without an EPA to make sure they are robust. Without an EPA Samuel's model collapses, it is not negotiable.