Minister for Environment and Water Tanya Plibersek has launched Australia’s first national independent Environment Protection Agency (EPA), alongside other key initiatives, as part of the Albanese Government’s Nature Positive Plan.
The EPA will hold new powers and penalties, including the ability to issue Environment Protection Orders – or ‘stop-work’ orders – to anyone breaking the law. It will also be able to audit businesses to ensure they are compliant with environment approval conditions.
Penalties will be increased, too, bringing maximum fines into line with punishments for serious financial offences such as insider trading and market manipulation. For extremely serious intentional breaches of federal environment law, courts would be able to impose fines of up to $780 million or send people to prison for up to seven years.
The new EPA will also provide guidance and education to make sure businesses are clear about the rules. The EPA chief will be an independent statutory appointment – similar to the Australian Federal Police Commissioner – to ensure no government can interfere with the new agency’s work.
“Our Government is doing more than ever to protect our country’s natural treasures, native plants and animals, so Australians can continue to enjoy our lifestyle in the great outdoors,” Plibersek said.
“We’re delivering stronger protections for the environment, including Australia’s first ever independent national Environment Protection Agency.
“We’re also working to support faster, clearer decisions for business. That greater certainty for business will help drive investment in nation-building projects.
“When I first announced the Nature Positive Plan, I said it would take a bit of cooperation, compromise and common sense to deliver. That’s exactly how we’re approaching the rollout.”
Results of an offsets audit, ordered by Plibersek last year, found that around one in seven developments could be in breach of their offset conditions – that is where a business had not properly compensated for the impact a development was having on the environment.
As a result, a dedicated team has been set up within the department to proactively audit offsets for projects approved under national environment law.
In addition, the EPA will be responsible for enforcing other federal laws such as recycling, hazardous waste, wildlife trafficking, sea dumping, ozone protection, and air quality.
The Albanese Government will also establish a new body called Environment Information Australia (EIA).
It will give businesses access to environmental data, and give the community transparent information about the state of Australia’s environment.
Alongside this, the Government is allocating nearly $100 million to speed up environmental approval decisions.
Laws to deliver the second stage of the Government’s Nature Positive Plan will be introduced into Parliament in the coming weeks.
The first stage was completed late last year when laws passed the Parliament to establish the world’s first Nature Repair Market, and to expand the ‘water trigger’ so all unconventional gas projects have to be assessed for their impact on water resources.
As part of the third stage, there will be a comprehensive exposure draft of the new laws released for public consultation, prior to their introduction to Parliament.
The latest announcements come two months before Plibersek’s one-year ultimatum for the fashion industry comes to a head.
Upon the launch of Seamless - a new clothing product stewardship scheme - in June 2023, Plibersek said the fashion industry has a choice.
“This can be an industry-led approach. You collect the money, you decide how the money is best used, you invest in the research you need, you invest in the collection systems you need, you take charge… or I'll do it.
“I've been really clear that this is too big an environmental problem to turn our backs on. I want to see industry leadership. I don't want to be making these decisions for you. But if I don't see enough movement in a year, then I will regulate.”
Plibersek reiterated these words in February this year.