The Environment Protection and Biodiversity Conservation Act (EPBC Act)
The problem of ministerial discretion and “national interest” exemptions.
" ‘Serious gaps’ in Labor’s environment laws undermine attempt to fix broken system, integrity experts say. Political integrity experts have raised concerns about Labor’s proposed new nature laws, including a contentious new “national interest” exemption...Despite the claims to a limited application, the centre holds grave concerns about the scope, transparency, and accountability of the exercise of the discretion. The centre’s report said it was “highly unusual” for an independent regulator to cede such “significant powers” to a minister." Environmental decision making is especially prone to capture by vested interests – that’s why integrity safeguards must be strong. "
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https://www.theguardian.com/australia-news/2025/nov/04/highly-unusual-exemption-in-labors-environment-laws-open-to-interference-integrity-experts-say
"Will Labor’s environment laws actually address Australia’s biodiversity crisis? Five reasons to be concerned. Experts say the proposed legislation is full of problems, including excessive ministerial discretion and relaxing like-for-like offset rules." >>
https://www.theguardian.com/australia-news/2025/nov/08/labor-environment-laws-australia-biodiversity-crisis-five-reasons-concerned
Biodiversity Conservation (EPBC) Act and excessive ministerial power
"In his 2020 review of the EPBC Act, Graeme Samuel, the former chief of the competition watchdog, said the “unfettered discretion” granted to ministers to interpret the laws was a major problem that had led to poor outcomes for Australia’s environment." >>
https://www.theguardian.com/australia-news/2025/nov/08/labor-environment-laws-australia-biodiversity-crisis-five-reasons-concerned
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