You may have heard about the proposal for Labor to bring legislation to the Parliament next week to ensure the salmon industry in Tasmania’s Macquarie Harbour can continue. This has come about because of rising concern that the Maugean Skate, a fish that hangs around on the floor of the harbour, is under threat of extinction from the reduced oxygen the fish farms are creating. The current environmental laws don’t have provision for managing the ongoing operation of the industry alongside action to protect the skate.
The Guardian wrote this piece on Wednesday arvo:
Background
In 2012, the then environment minister decided that salmon farming in Macquarie Harbour did not need federal environmental approval. This was subject to certain conditions including compliance with state environmental requirements.
Developments that require a Federal environmental approval are called “Controlled Actions.” Developments like the salmon farming extension are called ‘Not a Controlled Action if undertaken in a particular manner’.
The Australia Institute and Bob Brown Foundation challenged this in 2023 on the grounds of evidence that it was having a significant impact on the Maugean skate, and on a World Heritage area. The current environment minister, Tanya Plibersek, agreed to reconsider the decision and wrote to the industry informing them that, if she concluded that the activity (salmon farming) would require a federal environmental approval (ie become a Controlled Action), it would have to pause while that assessment and approval process took place.
The industry pushed back, arguing that the several months’ pause this would entail would lead to job losses and unacceptable economic loss.
This is definitely a problem with the legislation, as there should be some way for the Minister to consider environmental impacts, when they come to light, without shutting down an industry while she makes her decision about how to manage those impacts.
Earlier this year the Prime Minister announced he would introduce legislation to ensure that such disruption would not occur and to ensure that salmon farming would be able to continue in a sustainable manner. He said he’d bring this legislation to the next sitting of parliament - that’s next week.
What it means for fossil fuels and for the skate
Based on the Guardian article above, various environmental groups are speculating that the Prime Minister proposes to introduce legislation to delete the part of the Environment Protection and Biodiversity Conservation (EPBC) Act that allows the Minister to reconsider decisions, including on coal and gas projects.
There is no evidence that the Government proposes to do this.
Any solution to this would not affect anything that was given approval to proceed under the EPBC Act, that is a Controlled Action. In other words, it wouldn't affect any significant fossil fuel project as they are all already controlled actions.
We are yet to see what the PM will propose to address the concerns of the salmon industry, but it is our understanding that it will not affect fossil fuel projects that are already controlled under the Act.
Hopefully the legislation will simply fix the process loophole that currently makes it impossible for the Minister to consider new impacts on this category of developments, without shutting everything down.
Environmental law reform and creation of the EPA
Of course, this is just another example of a problem with the existing EPBC Act. This whole scenario has come about because the Act didn’t foresee a situation such as this. More evidence of the urgent need for a full overhaul! It is really important that Labor reconfirms its commitment to delivering the full law reforms, as per the Government’s published response to the Samuel review, including:
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National Environmental Standards - a rules based order to provide clarity and transparency
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Clear “unacceptable impacts” - that deliver a speedy NO to projects that will destroy important places and animals
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An independent EPA - that will provide the rigour and oversight environmental management needs, as well as action against those breaking the law.
The commitment should include delivery within 12 months of the election, we’ve waited too long for this reform. It’s time to get on with it!