EPBC March 2024 Review

Submission Guide

What we’ll cover:

  • Background
    About the EPBC Act
    Why should you contribute to this review?

  • Ready to get at it?
    How to prepare and lodge your submission in minutes, step by step.

  • Bonus for Detail Nerds

    Additional guidance and references

The Opportunity

The Australian public has a chance to contribute viewpoints until March 30 to the Australian Government’s reform of our most important environmental laws. 

This review has the potential to have an important positive impact on the way our Federal Government protects the environment, but there is also a lot of pressure on the Government from interests who want to keep environmental laws weak. 

So it’s important for people who want to see nature and the climate protected to get their opinions counted too. If you have an opinion to share about laws intended to protect nature, BSCA is here to help you make your voice heard.

Background

About the EPBC Act

The Environmental Protection & Biodiversity Conservation (EPBC) Act is the Australian Federal Government’s main environmental protection law. It is intended to protect “Matters of National Environmental Significance” (MNES) like our unique flora and fauna, special ecosystems like the Great Barrier Reef and Kakadu Wetlands, culturally important sites, and nationally important natural resources like water. New development projects that may impact on one of the “MNES” need to go through an approval process to assess their impact.

The EPBC Act was put in place in 1999 and has been reviewed every 10 years. The most recent review, undertaken by Professor Graeme Samuel AC along with expert advice and feedback from a wide range of stakeholders (“the Samuel Review”), was published in 2021. Prof Samuel gave the current EPBC Act very poor marks – in short, he concluded that even though the law was causing a lot of complexity, cost and confusion for businesses wanting to undertake projects, it was still not effectively protecting the environment. To make matters worse, he found that First Nations cultural heritage and traditional knowledge were not appropriately valued by the law, data was poor quality and inaccessible, and enforcement was weak. The review recommended specific fundamental reforms, and the Government had a lot of work to do to get its most important environmental law fit for purpose.

In December 2022 the Australian Government released its plan to reform the EPBC Act, guided by the Samuel Review, The “Nature Positive Plan”. The proposed reforms are currently open to public consultation, and you can share your views until March 30.

Why should you contribute to this review?

Although the proposed reforms are a big improvement in some very important areas, in our opinion the Nature Positive Plan still has some big gaps that we would like to see addressed. From BSCA’s perspective, the most important and obvious gap is that it still doesn’t address greenhouse gas emissions of proposed projects. The Government argues that greenhouse gas emissions are taken care of by the Safeguard Mechanism, but we believe this isn’t good enough and that there should be provisions for assessing and regulating emissions in the EPBC Act itself. We support the idea of adding a “climate trigger” to the law, so that projects that are going to cause excessive greenhouse gas emissions need to answer for these specifically under the law.

A "Climate trigger" would mean that climate change would be a new standalone “Matter of National Environmental Significance” (MNES) that can be assessed in and of itself. This would be ideal because it is stronger than having climate considerations for other MNESs - but even that would be an improvement.

As Bushfire Survivors for Climate Action, we’re obviously very concerned about reducing emissions to help mitigate climate change which is fuelling extreme weather events that are hurting communities everywhere. Plus, it makes no sense that our most important environmental law would ignore climate change - the single most significant threat to the environment.

Prepare Your Thoughts

  • This doesn’t have to take a long time, but it can be handy to pull your thoughts together in a word document or similar, before you go to actually make the submission. 

    When you make your submission, you’ll have the option to either upload a document or paste your words directly into the submission webform (below) - so while you’re pulling your thoughts together you might want to think about which way you will want to go with that - it’s purely your preference which is easier for you.

    Your submission may be as short or as long as you like - and while it should make sense, it doesn’t have to impress your high school English teacher! One thing we do suggest you include is a brief description of why you care about this topic, or your connection to the environment.

    Here are a few points you might want to consider. If you want to go into other areas, you may want to check out “Bonus for detail nerds” below. You may wish to choose 1 to 3 of these ideas to raise in your submission, and connect to your own perspective.

  • While there are many threats that we want the environment to be protected from, in 2024 climate change is the biggest and most all-encompassing - and set to worsen in the coming decades. It makes no sense that our most important environmental law makes no effort to control the drivers of this threat, and gives Australia no mechanism for saying “No” to a project on the basis of greenhouse gas emissions. Climate considerations, especially greenhouse gas emission levels, should be fully embedded throughout the new law. Ideally this would take the form of including climate itself as a new MNES (Matter of National Environmental Significance), which would mean that climate change is assessed from the beginning of the process. But even if that can’t be achieved, the new law should still include a mechanism for evaluating the impact of a project’s greenhouse gas emissions on other MNES.

  • The new law should prioritise consultation with First Nations communities for the best outcomes in environmental and cultural heritage protection.

  • The current proposed law doesn’t allow for “merits appeal” – meaning that if the community wishes to challenge an approval, they can only challenge the legal process of the decision, not whether or not the project itself is actually a good idea. We believe the ability for community members to undertake a merits appeal is an important safety net for the environment and should be incorporated into the new law.

  • Engagement and consultation with community members is not just a box to be ticked - it should be central to the law and environmental decision-making at every step in the process.

  • The current legislation only addresses greenhouse gas emissions created directly at the project site (like escaping methane emissions or the company’s vehicles - often referred to as scope 1 emissions) and by the goods and services the project uses (like the electricity used on site - scope 2 emissions). For many projects the other indirect emissions are by far the largest (scope 3 emissions), but these are not dealt with in the law. This is partly because they’re harder (but possible) to track, and partly because they also encompass emissions caused by people using the products that come from the project (for example, by burning the coal that comes from a mine). The Government argues that this is OK because those emissions would be accounted for by someone else who uses that product, but we believe our most important environmental law should be more careful, and avoid taking a “not our problem” approach to greenhouse gas emissions.

Ready to Share your Thoughts?

Go to the Nature Positive laws consultation page. Scroll all the way down the page and under “Have your say” select the “Start survey” button

If you feel comfortable from here - go for it!

If you’d like some guidance for how to step through this process read on here…

If you want to share your submission with us we’d love to hear about it!

Please email hello@bushfiresurvivors.org to let us know that you made a submission and if this guide helped you. And if you'd like to share it with us, please attach your submission!

If you do, please also let us know:

  • If you’d be happy for us to share some or all of your words on our website / social media, or even in BSCA’s submission to the review.

  • If we may use your name or if you prefer to remain anonymous.

Thank you.

Bonus for Detail Nerds (you know who you are)

Lastly - we should note that there’s a lot of information in the Review and the Nature Positive Plan that we haven’t touched on here. We’ve tried to boil it down to make it easy for you to have your say on the area of the Plan that we think is the most pressing. But if you have time and want to make a more extensive submission that addresses other aspects of the Plan, that would fantastic - and there are heaps of resources available to help you, from different perspectives.