Not divided not conquered: Samuels Review finally hits home

Last 7 days

  • Bill introduced & sales pitch: The government tabled its Environment Protection Reform Bill 2025, pitching it as a fix for slow approvals and stronger protections, with a push to pass it by year-end. Reuters+2Minister for the Environment and Water+2
  • No split: The Coalition asked to split streamlining from tougher protections; Labor and key business voices rejected that, saying a split kills certainty. ABC+2ABC+2
  • Ministerial “override” flashpoint: Drafts indicate a national-interest override letting the minister approve projects inconsistent with new standards—Watt says it won’t be used for coal/gas; critics call it a carve-out. The Guardian+1
  • Climate “trigger” ruled out: The bill won’t include a climate trigger to block high-emitting projects; instead, emissions disclosure/mitigation plans are flagged. Greens say that’s not enough. ABC
  • Stakeholders diverge: Business wants clarity and speed; environment groups warn about discretion, offsets, and enforcement teeth; Greens want a climate test. Reuters+2ACF+2

What’s in the bill (headlines)

  • National Environment Standards with an “unacceptable-impact” test to knock out projects with irreversible harm up-front. Reuters+1
  • Independent EPA-style regulator for compliance/enforcement, while final approvals stay with the minister (subject to published reasons). The Canberra Times+1
  • Streamlined approvals via clearer rules and fewer Commonwealth/State duplications. Reuters
  • Offsets/restoration pushed toward “net-positive”/“nature-positive” outcomes (details still contentious). Allens
  • Harsher penalties & stop-work powers to lift compliance. Reuters

Where the fights are

  • Override power: Environmental groups fear the national-interest override blunts the standards; government says it’s narrow and accountable. The Guardian+1
  • Climate test: No climate trigger is a hard red line for the Greens; Labor argues Samuel didn’t recommend one and prefers other climate tools plus disclosure. ABC
  • Offsets & “net-positive”: Concerns over like-for-like, permanence, and leakage. ACF
  • Split vs package: Business and Labor want a single package; Coalition still pressing for a split to fast-track approvals. ABC+1
  • Litigation risk: Lawyers flag early court tests around definitions (eg, unacceptable impact, override scope). Capital Brief

How it lines up with the 2020 Samuel Review

Samuel Review (2020)Bill direction this week
Legally enforceable National Environment Standards; decisions (including accredited state processes) must be consistent with them. Rare, reasoned public-interest override permitted. DCCEEWStandards form the core; unacceptable-impact gate built in. A national-interest override is included with reasons—exact guardrails are politically hot. Reuters+1
Independent compliance & enforcement separated from politics (EPA-like office). DCCEEWEPA-style regulator created for monitoring/enforcement; minister retains approvals. Debate is over independence/teeth. The Canberra Times
Streamline & accredit states against Standards to cut duplication. DCCEEWStreamlining is central—explicit aim to reduce duplication/timeframes. Reuters
Better data & measurable standards; move toward granular, quantitative tests. DCCEEWDirectionally aligned; details on datasets/thresholds still to surface publicly. Reuters
Climate: consider climate scenarios in impact/avoid-mitigate hierarchy, but no separate “climate trigger” in EPBC. DCCEEWNo climate trigger (consistent with Samuel’s framing), with emissions disclosure/mitigation planning instead. ABC

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