Dr Phillipa McCormack on Ken Henry鈥檚 Call for Urgent Nature Law Reform

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Dr Phillipa McCormack, Future Making Fellow at the Environment Institute, wrote about Ken Henry鈥檚 call for reform of Australia鈥檚 fragile environmental protection laws in

In his speech to the National Press Club, Henry warned that Australia鈥檚 global reputation and its net zero commitments are at risk without urgent change. He described the Environment Protection and Biodiversity Conservation Act (EPBCA) as a misnomer if ever there was one鈥 and condemned delays in reform.

Henry鈥檚 speech is expected to set the tone for reform efforts that will carry forward across the next year, as the with miners, business groups, environmental advocates, and the Senate. Environment Minister Murray Watt has already committed to prioritising reform, pledging change within 18 months of taking on the portfolio.

Henry stressed that reform is central not only to meeting Australia鈥檚 climate goals but also to restoring nature. He lamented ongoing land clearing, poor fire management, and the logging of habitat for endangered species such as the koala and greater glider.

He also pointed to the potential of a well-designed natural capital market to create financial incentives for restoration through tradable credits. For example, such credits could help fund projects like the proposed Great Koala National Park in New South Wales.

Henry鈥檚 speech drew on Graeme Samuel鈥檚 2019鈥20 review of the EPBCA, which recommended:

  • Cross-sector collaboration across government, industry, and the community.

  • High-integrity scientific evidence to guide decision-making.

  • Clear and enforceable national standards.

  • An independent Environment Protection Authority.

  • A natural capital market to support restoration and carbon storage.

Henry endorsed these recommendations, stressing that while approvals for renewable projects must be faster, they cannot come at a greater cost to nature.听Henry also emphasised that reforming environmental laws could serve as a template for other complex reforms, such as fixing Australia鈥檚 tax system. With experience as Treasury secretary, chair of National Australia Bank, and author of the nation鈥檚 most significant tax reform white paper, he underscored that difficult reforms are possible when the political will exists.

Environment Minister Watt has acknowledged that the current laws are broken and has committed to delivering change. But Henry warned that delays only compound the challenge. 鈥淎ll of us have had our say. It is now up to parliament. Let鈥檚 just get this done,鈥 he said.

If Australia is to build new homes while also tripling renewable energy capacity by 2030, reform cannot be delayed any longer.

Read Dr Phillipa McCormack鈥檚 full article in for her detailed analysis of Ken Henry鈥檚 speech and what it means for Australia鈥檚 future.

Tagged in Environment Institute, law reform, environment, Australia, conservation, biodiversity, EPBC Ac t
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