Don’t look up! Don’t talk up! Don’t rock the status quo. Attenborough’s message upsets vested interests.

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By David Salt

David Attenborough is experiencing what happens when society is caught in the late ‘K’ phase of the adaptive cycle. It’s an insight from complex systems science that we are all seeing play out around us every day. The insight is this: over time, vested interests and elites distort the system to maximise their wealth while simultaneously playing the system to protect their perceived entitlement. They do this through denial, obfuscation, denigration and applying the levers of power to prevent change and stop any talk about the redistribution of power.

How is David Attenborough an example of this?

Apparently the BBC has decided not to broadcast an episode of his flagship new series on British wildlife, Wild Isles, because of fears its messages on the destruction of nature and the decline of biodiversity would risk a backlash from conservative politicians and the right-wing press.

The episode in question takes a stark look at the losses of nature in the UK and what has caused the declines (loss and degradation of habitat and climate disruption). The BBC claims this episode was only intended for the network’s iPlayer stream, a claim hotly contested, but even on iPlayer the episode is being attacked in the Daily Telegraph for being partly funded by WWF UK and the Royal Society for the Protection of Birds. The Daily Telegraph says these two establishment wildlife groups have a “campaigning agenda”.

When the message being put out by the world’s leading wildlife presenter is being constrained by one of the world’s leading information organisations (an organisation that proudly claims to be independent) for fear of a conservative backlash, then we have a classic ‘don’t look up’ moment.

Don’t look up

Don’t look up’ was the title and central idea of an American apocalyptic political satire film that came out in 2021 in which scientists tried to warn the world of in impending asteroid strike. When there was an opportunity to do something about it, the world ignored the warning as ‘doing something’ would shift the status quo. When it became apparent the threat was real, because the asteroid was growing larger in the night sky, the elites still thought they could escape (together with their privilege) by rocketing to another planet. To keep the masses from realising what was going on, they promoted the slogan ‘Don’t look up’.

The movie was a parable on climate change, and the unwillingness of society to respond to the warnings being put out by scientists because changing the status quo comes with short terms costs that the rich and the powerful don’t want to take on (costs of giving up some of that wealth and losing some of the power).

‘Don’t look up’ became a catch cry for climate denialism, and it had some resonance when it first aired.

But how quickly we forget. The movie came out in the dark days of the covid pandemic, a time before vaccines became available and lockdowns were rigorously enforced (and in some quarters vehemently rejected). Now, with the lifting of restrictions, everyone wants their cake and they want to eat it double fast. There’s even a term for it – revenge tourism – in which everyone is traveling as a way of making up for lost time during the pandemic. Though it might be asked, who are we taking revenge on? Planet Earth? Transport-related greenhouse gas emissions from tourism have been estimated at 5% of all human originated emissions.

So maybe none of us want to ‘look up’ for fear of upsetting our own plans of ever greater consumption and economic growth.

Don’t speak up

David Attenborough has been doing nature docos since Moses was a boy. He’s does a great job, but while he often points out issues of environmental decline, for most of his series he tries to stay as neutral and apolitical as possible. It’s something he’s often criticised for in environmental circles.

In recent years, however, as he has grown older and climate change and environmental disruption has ramped up, his neutral stance has markedly shifted to one of pleas for action. In 2020 he even suggested the coming decade was a make-or-break time for humanity.

And, as with all scientists who get proactive on climate change, he’s finding you face a backlash when you raise your head above the parapet.

Stand up and tell society it needs to change and those that have benefitted from the societal status quo will draw a target on you. Corporate and political interests will apply leverage to groups they can influence, spread misinformation, foment anger. In Attenborough’s case, that means a showcase on environmental decline is closed down by the very organisation that prides itself on its independence (but at the cost of becoming overly sensitive to government sensitivities and attacks by other media organisations).

Attenborough is big enough and strong enough to stand his ground and weather such attacks, but early career researchers pay a heavy price for standing up and being counted.

When a system becomes moribund

So what’s this ‘K’ phase business I opened with, and how does it apply here?

Society is complex system. Over time societies change following a variety of pathways; they develop and grow, weather change (or sometimes are overwhelmed by it), split into sub groups, collapse, reorganize and start again. Resilience scientists have described these patterns of change as adaptive cycles in which systems go through four phases of rapid growth, conservation (also known as the K phase), release and reorganisation. The rapid growth and conservation phases are times of relatively predictable dynamics and in which there is a slow accumulation of capital and potential through stability and conservation.

But this growth cannot continue indefinitely. As the system moves into the late conservation phase the system begins to become locked up as vested interests begin to dominate what can happen. Here are some things you might expect to see in the late K phase:
-Subsidies which were once designed to help set up new industries now prop up old industries (which are good at lobbying and influencing political power).
-More effort is put into protecting existing (sunk) investments rather than exploring new ones (think fossil fuels v renewals).
-Increased command-and-control (less and less flexibility).
-A pre-occupation with process (more and more rules, more time and effort devoted to sticking to procedures).
-Novelty being suppressed, with less support for experimentation (think of the government’s approach to research).
-Rising transaction costs in getting things done.
-Increases in ‘efficiency’ being achieved through the removal of apparent redundancies
(and ‘one-size-fits-all’ solutions are increasingly the order of the day).

Or, if you want another take on this, consider political economist Mancur Olson’s pathbreaking book, The Rise and Decline of Nations, published in 1982. He argued that a country’s economic stability ultimately leads to decline as it becomes increasingly dominated by organised interest groups, each seeking to advance their interests at the expense of others. It’s a very similar perspective to the complex systems framing.

So, next time you see something that appears to be a ‘don’t look up’ situation, ask yourself if this isn’t just another example of a complex system (eg, society) locking up because vested interests are seeking to perpetuate a status quo in which they benefit.

Maybe David Attenborough could do a doco on it.

Banner image: Don’t look up, don’t speak up, you might upset the status quo.
(Image by Gerd Altmann from Pixabay)

Get the basics right for National Environmental Standards to ensure truly sustainable development

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Peter Burnett, Australian National University

Federal Treasurer Jim Chalmers has attracted controversy by proposing to update 30-year-old superannuation laws with a definition of the purpose of superannuation as being to fund a dignified retirement. There is a clear lesson here for other reforms to make policy objectives clear, even when they seem obvious. One important example is Environment Minister Tanya Plibersek’s Nature Positive Plan.

Plibersek’s department began consulting last week on new National Environmental Standards. She will table these later in the year, along with a bill to replace Australia’s most significant environmental law, the Environment Protection and Biodiversity Conservation (EPBC) Act.

The standards will be the “beating heart” of the reforms. They will set out in some detail just what has to be protected and the circumstances in which development can be approved. It is essential these standards rest on solid foundations, including a clear statement of purpose.

You may be surprised to hear mandatory standards are new territory for environmental laws regulating development. Existing federal and state laws are mostly built around regulatory process and ministerial discretion. Typically, they tell ministers to consider ill-defined principles like “ecologically sustainable development”, but lack any real “bottom line”.

This leads to “black box” decision-making, in which decisions are unpredictable beforehand and opaque afterwards. This lack of transparency does little for the environment, which continues to deteriorate due to increasing pressures from climate change, habitat loss, invasive species, pollution and resource extraction.

Tough calls ahead

Plibersek faces some tough calls in developing the standards. If strong and clear, they will protect nature and make it harder to get developments approved. But if the standards lack a clear statement of purpose and carry over rubbery phrases and weak offset requirements, then it will be business as usual, freshly wrapped.

For these new standards, we must get the basics right. One basic is to gather enough environmental information to make properly informed decisions.

The government is acting on this need with its plan to set up an independent environment protection agency (EPA), including a dedicated data division. However, it has yet to put serious money on the table. Making up for lost decades of patchy data gathering will be expensive and time-consuming.

Lack of clarity makes for ineffective law

Another one of the basics is to properly define ecologically sustainable development (ESD) as the foundation of environmental policy. The existing words on ESD in the EPBC Act are hard to divine. They trace their roots to the early 1990s and reflect the state of knowledge, and the compromises, of that era.

In fact, the EPBC Act does not even attempt to define “ecologically sustainable development”. Instead, it requires the environment minister to take into account five “principles of ecologically sustainable development”.

This disaggregation is part of the problem. Among other things, it forces the minister, in deciding whether to approve the clearing of koala habitat, for example, to consider an obscure principle that “improved valuation, pricing and incentive mechanisms should be promoted”.

This is a high-level policy principle advocating “market-based instruments”, such as a carbon price. It does not belong in a decision about clearing native vegetation.

I am now a researcher but in a former life (2007-12) was responsible for the administration of the EPBC Act. I have gone back over several hundred statutory EPBC Act “recommendation reports”. In these reports, environment officials provide formal advice to the minister about whether to approve a development.

I found very few instances where ESD principles made a substantive difference to the advice. It’s not surprising, given the obtuse approach of the legislation to ecologically sustainable development.

How to breathe new life into ESD

That is not to say we should abandon ecologically sustainable development. Properly defined, it can provide an overarching statement as to what environmental laws are designed to achieve and what development can be approved.

In the broad, ecologically sustainable development should mean keeping the environment healthy, so future generations can enjoy the same quality of life as we do. It would follow that development should not harm anything essential to a healthy environment.

It is important that we not simply roll the current principles into the National Environmental Standards without reflection.

One of the principles, the precautionary principle, can stand alone. It’s about risk management, to be applied when environmental knowledge is limited, which is often. It means, in context, that if a development risks serious or irreversible environmental damage, don’t approve it.

With that done, the central intent of ecologically sustainable development can be met by having the standards require that each decision maintain the diversity of life and the integrity of ecosystems affected by development. Ecological advice would be needed on how to do this in each case.

The gist of such a rule is to keep nature in good working order. That means maintaining viable populations of species and the essentials of ecosystems – their composition, structure and function.

The other three ESD principles deal with policy integration, intergenerational equity and market-based instruments. These principles are important but do not belong in the standards. They should be rehoused in a major policy statement, such as an environmental white paper.

It is often said with regulatory reforms such as the Nature Positive Plan that the devil is in the detail. That can be true, but in this case the devil is more in the basics. Get the basics right, and the rest is just detail.

Peter Burnett, Honorary Associate Professor, ANU College of Law, Australian National University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Banner image: Image by Siggy Nowak from Pixabay

Whatever it takes, or just “whatever”? Biodiversity targets post Montreal

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By Peter Burnett

With some ambitious biodiversity targets negotiated in Montreal last December, now it’s time to translate these into action on the domestic front. The good news is that Australia was a leader in setting those ambitious targets. The bad news is the ambition may just be more hollow rhetoric.

Ambition at the 15th CoP

The 15th Conference of the Parties (CoP 15) to the global Convention on Biological Diversity (CBD) wound up its long deliberations in Montreal at the end of last year. It adopted a bold set of targets that needed to be met by 2030. While it didn’t receive enormous media attention back here, by all accounts one of the heroes of the hour was Australia’s environment minister Tanya Plibersek, who pushed hard for decisions with plenty of ambition.

After many years of bringing up the rear, it’s heartening indeed to see Australia returning to the leadership role first articulated by Prime Minister Bob Hawke in 1989.

That’s the good news. The bad news is that the CBD has form for adopting ambitious targets that nobody feels obliged to meet. Most countries, including Australia, have been long on aspiration and short on perspiration.

Will Tanya Plibersek also prove to be a biodiversity hero back home? I thought I’d go through the four goals and 23 targets adopted in Montreal to see what she’d have to do if she means business.

After all, 2030 is only seven years away and our current national biodiversity strategy is the most vacuous environmental policy I’ve ever seen, so there’s a lot of ground to cover.

Lofty goals and targets aplenty

The official CBD vision is that by 2050 we will be living in harmony with nature. The four goals adopted in Montreal in pursuit of this vision revolve around enhancing and restoring natural ecosystems and halting human-induced extinction. With this done, biodiversity should be used sustainably and the benefits of genetic resources shared equitably with Indigenous peoples. Finally, recognising the lack of effort to date, the fourth goal calls for adequate resources and increased capacity for implementation.

The four goals are in turn supported by 23 targets, grouped under three headings: reducing threats; sustainable use and benefit sharing; and tools for implementation. There’s too much to cover everything here, so I’ll cover what I think are the highlights.

The headlines are a ‘30-by-30’ target for land, freshwater and marine protected areas, and urgent action to reduce extinction risk, on a path to halting human-induced extinction by 2050. These are said to involve bringing biodiversity into spatial planning; preventing over-exploitation of wildlife; reducing new invasive species by 50%; eliminating risks from pollution; and minimising the impact of climate change and disasters.

Sustainable use and benefit sharing is said to require, not just management of wild species and ‘biodiversity friendly’ farming practices, but maintenance of ecosystem services such as ‘regulation of air, water and climate, soil health, [and] pollination’. For good measure, sustainable use is also said to require a significant increase in green and blue urban spaces.

When it comes to implementation, the specifics include getting large and transnational companies to disclose their impacts on biodiversity; halving global food waste; phasing out subsidies harmful to biodiversity; substantially increasing both government spending on national biodiversity strategies and private investment in Nature; payment for ecosystem services and ensuring ‘best-available data’.

What does all this mean domestically (and will Plibersek act)?

Even allowing for the usual mix of flowery language and weasel words, that’s a pretty hefty agenda.

Apart from core biodiversity actions such as increasing protected areas and increasing investment in restoration, pursuing the 2030 targets vigorously would bring biodiversity into a number of non-traditional’ areas for biodiversity policy — urban planning and development, pollution control, waste management, and corporate affairs, to name a few.

Plibersek has already made strong public statements about the 30-by-30 and no more extinctions targets. But can she deliver? And I mean in substance, not just in the fudging or ‘box-ticking’ sense.

For example, one fudge involves creating large reserves in places where there are few vested interests and voters. In that regard, Plibersek has just announced a tripling of the size of the marine reserve around Macquarie Island, creating a marine reserve the size of Germany.

As nice as that is, it makes me a little uneasy.

On the other hand, Plibersek has also shown signs of being a strong environment minister. In the same week she made good on her promise to use water ‘buy-backs’ if necessary, to meet the water savings targets of the Murray-Darling Basin Plan. That’s a move that will burn significant political capital.

Real world hurdles

If the minister is serious about the domestic delivery of the Kunming-Montreal 2030 targets, she’ll need to burn a lot more political capital, not just with various stakeholders, but with her own Cabinet colleagues.

Here’s three reasons, for starters.

First, biodiversity restoration is very expensive. The federal environment portfolio was run down by the previous government and competition for new funds will be cut-throat, given major demands in big-spending areas like aged care and defence.

Plibersek is attempting to overcome this with a Nature Repair Markets bill, designed to facilitate private investment in biodiversity. I’m just one of many who can’t see a business case for such investments, beyond the small amounts available from philanthropists and companies seeking to build their social licence. If business doesn’t come to the party, she’ll be back knocking on the Treasurer’s door.

Second, the states control most of the levers for on-ground action. They manage the lion’s share of Australia’s parks and reserves; they also make the planning laws and control most of the on-ground staff.

Traditionally the states oppose Commonwealth involvement in what they see as their backyards; they may be prepared to relent on this, but only at a significant price. That’s another path leading to the Treasurer’s door.

As for bioregional planning, while Plibersek has committed the Commonwealth and even has a ‘launch partner’ in Queensland, the going is likely to get very rough once people realise the constraints that need to be placed on development just to protect the Koala, let alone several thousand other threatened species.

The third reason is that halting threatened species extinctions is probably impossible, given we don’t fully understand the processes involved — the Red Goshawk for example is in serious decline, even though its main population is found in tropical savannah that is subject to relatively few pressures. If it went extinct tomorrow, the major causes might eventually turn out to be impacts that occurred decades ago.

“Whatever it takes” or just “whatever”?

The answer of some previous ministers to CBD targets has, in effect, been “whatever”. Plibersek seems to come more from the “whatever-it-takes” school, in which case she will need to pull some seriously large rabbits out of her political hat.

The alternative, down the track somewhere, will be that she (or her successor) will have to admit that the targets were just too ambitious, just like what occurred internationally with the 2010 CBD targets and the 2020 targets.

Apart from my uneasiness over Macquarie Island, I reckon the minister is showing real signs that she means business. Stay tuned.

Banner image: The official CBD vision is that by 2050 we will be living in harmony with Nature. Unfortunately, when it comes to the cut and thrust of realpolitik, Nature is rarely given a high priority. (Image by Ronny Overhate from Pixabay)

Offsetting lost species is easy – simply find a few new ones!

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By David Salt

Sad about the extinction crisis rolling out around the world? Don’t be, the Australian Government has figured out an excellent way for you to wash away your woes. Simply go out and discover a few new species to fill the void. It’s a well proven technique to grab a few headlines, give the impression the government cares and, best of all, hardly costs a thing.

And here’s the latest proof. This month, an 11-day expedition to discover new species in Australia’s Alpine region has uncovered three new species of spider previously unknown to science! How great is that!

But it gets even better, one of the new spiders is a “ferocious nocturnal mini-hunter that impersonates a tree branch during the day to hide from predators.”

Now, forget the fact that Australia’s alpine region is reeling under multiple assaults of catastrophic wildfires, outbreaks of bark beetles decimating the iconic snow gum and a raft of other disturbances connected to climate change (and we’re not going to even mention the self-inflicted disaster of exploding numbers of wild feral horses destroying our alpine water catchments); the thing to keep in mind here is that we have discovered three new species of spider.

The blitz on biodiversity

The program in which these new species were found is called Bush Blitz. It’s a partnership between the Australian Government through Parks Australia, BHP and Earthwatch Australia. It involves scientists, teachers and citizen scientists heading out into the ‘bush’ to discover new species and spread the word on nature.

Our environment minister was full of praise for the outcomes of this latest adventure.

“The discovery of three new spiders in the Australian alps is fantastic,” she told the media. “Around three-quarters of Australia’s biodiversity is still waiting to be discovered by science. Programs like Bush Blitz are giving us a deeper understanding of Australian habitats so that we can make nature positive decisions for the future.”

Forgive my cynicism, but crowing about the discovery of three new spiders from a region where habitats are in steep (and likely mortal) decline without even acknowledging the massive challenges facing this area is disingenuous if not outright hypocritical.

Please minister, spell out how this deeper understanding you’ve acquired is helping you make ‘nature positive’ decisions? Because, so far, as demonstrated by our collapsing biodiversity, Australian governments of all stripes are only making ‘nature negative’ decisions when it comes to balancing economic development against biodiversity conservation.

Nature negative

Of course, it’s not only Australia letting down Mother Nature here. It’s a global problem.

Most nations around the world eagerly signed up to the Convention on Biological Diversity (CBD) way back in 1992 (at the Rio Earth Summit), pledging to slow down and reverse rates of biodiversity decline. Ten years later (at the next Earth Summit in Johannesburg), these same nations (of which Australia is one) confirmed their commitment and even signed up to a target of seeing measurable improvement at a national and regional level by the year 2010, the International Year of Biodiversity.

2010 comes around and all signatories to the CBD were found to have comprehensively failed at meeting any of the targets they had signed up to. What’s more, the Global Biodiversity Outlook released in 2010 revealed rates of biodiversity loss were accelerating.

Consequently, a new list of more nuanced targets (the Aichi Targets) were drawn up for 2020 and (no surprises here) these too were comprehensively missed by all signatory nations.

A new list of CBD targets was released a few days before Xmas. Maybe you missed the announcement. The Kunming-Montreal Global Biodiversity Framework, as it’s called, includes four goals and 23 targets to be achieved by 2030. To tell you the truth, I don’t know anyone who holds out hope that these targets mean anything anymore. Default on them once is bad enough, twice is chronic and who cares what happens after that.

The line in the sand

I remember writing about 2010, the International Year of Biodiversity, back in 2007. Everyone was calling it a line in the sand in the fight for biodiversity. I thought Australia was taking it seriously. I thought there would at the very least be some successful stories where some nations managed to demonstrate it was possible to protect biodiversity while sustaining economic prosperity.

But I was wrong; comprehensively wrong. Everyone failed everywhere.

But what really stuck in my craw when the score cards came in for the Global Biodiversity Outlook in 2010, was Australia’s response? Did we acknowledge our failure and promise to redouble our efforts (and resource allocation) to do better in future? No, we set up a new national program to find new undescribed species. Can you guess what it was called? That’s right, Bush Blitz!

It was only supposed to run for three years but the political imperative of having something positive to announce in the face of unremitting failure (and given the ongoing decimation of resources for biodiversity conservation), there was strong reasons to keep in going.

And so it is, in the midst of an unravelling biodiversity catastrophe, we’re still seeing announcements from the minister on how wonderful it is that, thanks to Bush Blitz (and its wonderful partner, BHP) we’re still able to discover fascinating and quirky new species. The fact that these new species probably haven’t got much time left on this planet is by the by.

Cheap as chips

And discovering new species is so much cheaper than stopping the development of new fossil fuel projects or passing effective regulation on land clearing. Paying the expenses of a few taxonomists and a group of teachers for a week’s camping out in the bush to find new species is as cheap as chips by comparison.

Indeed, as a colleague pointed out to me when I shared this story with him, it could be even cheaper. He’s just identified 22 new species of mite just by going back through the collection at the Australian National Insect Collection and uncovering evidence there’s a greater diversity in existing records than previously appreciated. How much is his work costing the tax payer? Nothing, he’s retired and the work is voluntary!

So, next time you feel a planet-sized hole opening up in your soul as you hear the latest extinction reports; think of Bush Blitz*, they’ve just discovered three new spiders in the alps.

*I really need to underline that there’s nothing wrong with Bush Blitz itself or the quest to discover new species. This is important and worthy work. It just shouldn’t be a cloak for turning your back on the growing plight faced by so many species and ecosystems.

Banner image: Extinction crisis? What extinction crisis. Nothing to see here.
(Image by Ronny Overhate from Pixabay)

From moonlight jewels to common browns: what do butterfly accounts say about biodiversity conservation?

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By Suzi Bond and Michael Vardon*

Biodiversity is important and butterflies are beautiful. But Australia’s biodiversity is in steep decline. Maybe environmental accounts can help here, and butterflies are a great example demonstrating how.

We have around 450 butterfly species in Australia, almost all of them native. Seven butterflies are listed as under the Environment Protection and Biodiversity Conservation Act (EPBC Act), although 19 more are thought to be eligible for listing. While some species are commonly observed and adaptable – such as the common brown – others, such as the moonlight jewel, are not. Accounting for these differences begins with understanding.

Moonlight jewels are ‘specialist’ butterflies. Specialists are more likely to be found intermittently, in few places, have particular habitat requirements, a limited number of food plants and are sometimes reliant on attendant ants. Specialists are not necessarily endangered but they are less common, more vulnerable to extinction and more likely to be an indicator of biodiversity conservation success and the state of the environment than ‘generalists’ like the common brown.

How do we know this? Through painstaking research, expert knowledge and long-term monitoring by trained volunteers, all summarised in biodiversity accounts for butterflies for the Australian Capital Territory. For other types of animals, for example birds and mammals, we have much research and knowledge but very little monitoring and no accounts, just a five-yearly State of the Environment Report with a story of woe.

To have any chance of successfully implementing the “Nature Positive Planannounced by the Commonwealth Environment Minister Tanya Plibersek last December, then we are going to need more monitoring and reporting. This will be especially important for the planned “Nature Repair Markets”.

Biodiversity accounting

Biodiversity accounting provides a framework for integrating environmental and economic information. This accounting is part of the United Nation’s System of Environmental Economic Accounting, which has in theory been adopted by Australia’s governments, but has so far been under-resourced and provided underwhelming results.

Few countries have produced biodiversity accounts, partly a function of the newness of the accounts (the UN only adopted the SEEA Ecosystem Accounting in 2021) but also because of a lack of data. Without data you cannot make accounts. Because of this, the biodiversity accounts to date have used what data are available, which is on endangered species, rather than what is needed. Which means tallying the number of endangered species and putting this into a table. This does not tell you anything that you don’t already know. What we need to know is how, why, when and where things are changing. This requires monitoring and expert knowledge.

You would think that endangered species would be regularly monitored, and conservation actions recorded to figure out which conservation measures were giving the biggest conservation bang for the very limited conservation bucks. Sadly, this has not happened, as found in the Samuel Review.

Professor Graeme Samuel saw the potential for accounting, recommending accounts be produced and now the government has committed to their preparation in the Nature Positive Plan to “help us value nature”. The plan also commits to the “Better Use of Environment Data”. But it doesn’t commit to gathering more data: the focus is on artificial intelligence and remote sensing. Unfortunately, we cannot spot and identify butterflies from outer space, so we will have to keep the boots on the ground.

Butterfly values

Common browns, moonlight jewels, scarlet jezebels and golden ant-blues all conjure notions of value. They are of course all beautiful. Beyond this, they each occupy a different ecological niche and have different traits that make them more or less vulnerable to extinction.

As for value, we have already introduced the common brown and moonlight jewel.

The scarlet jezebel occasionally flies to the Australia Capital Territory and when it does it can be found in different places, but it does not breed. A heart breaker, but occurrence of this species probably tells us little about the state of the environment. This contrasts starkly with the golden ant-blue which is resident and breeds in the region, found only in a few places and is suspected to eat ant larvae. Like the moonlight jewel, a real treasure.

These butterflies and other breeding specialists can tell you a lot about the health of the ecosystems. This is because butterflies are excellent indicators of ecological condition as they respond quickly to change, are short lived, and many are specialists. They are also relatively easy to identify.

What about the economics?

If we follow Economics 101, the scarcer the commodity, the more valuable they become. Bad news for common browns. Worse, it would be possible for a specialist species like the moonlight jewel to increase in economic value due to declining abundance and listing as endangered. Not quite the outcome we want from biodiversity markets.

And how would we value the Bogong moth? This species is of great cultural significant to First Nations peoples. Once vast numbers flew by Canberra and the lights of Parliament House had to be switched off so as not to interfere with their migration to the Snowy Mountains. Their numbers crashed, but are beginning to recover, although no-one is sure why. They are culturally important and are internationally listed as endangered by the IUCN Red List, but not under Australian law. 

Accounting and accountability

For the Nature Positive Plan to work and for us to build a capacity to keep our precious species, we need to have information and hold governments accountable. Ecosystem accounting provides the numbers, but for accounting to be possible it needs biodiversity monitoring. At present we do not have this for most species, and the endangered species lists highlight our failure to protect biodiversity and are a poor reflection of value.

If we are to be ‘nature positive’ then we need accounts to reflect the different values and needs of common browns, moonlight jewels, scarlet jezebels and golden ant-blues and all of the other species that are not on the endangered species list, so that they stay off the list, and the success of any conservation policy or plan can be judged.

Banner image: The narcissus jewel (Hypochrysops narcissus), a thing of beauty currently sitting outside our economic values system. (Image by Suzi Bond.)

*Dr Suzi Bond works at the Australian Bureau of Statistics where she is a specialist in biodiversity accounting, and is also an honorary member of the Australian National Insect Collection at CSIRO, an honorary senior lecturer at the Fenner School of Environment and Society at ANU, and a butterfly moderator for citizen science platforms Canberra Nature Map and Butterflies Australia. Suzi published the first field guide to the butterflies of the ACT in 2016, was a co-author on the first book published on ACT moths in 2022 and leads an ongoing butterfly monitoring project in collaboration with citizen scientists.

*Michael Vardon is the Associate Professor of Environmental Accounting at the Fenner School of Environment and Society (Australian National University). He has assisted more than 30 countries with development and implementation of the System of Environmental-Economic Accounting and is the former Director of the Centre of Environment and Energy Statistics at the Australian Bureau of Statistics. He has been an advisor to the World Bank and United Nations on accounting https://researchers.anu.edu.au/researchers/vardon-mj

The golden ant-blue butterfly (Acrodipsas aurata) is resident and breeds in the Canberra region, found only in a few places and is suspected to eat ant larvae. (Image by Suzi Bond.)

Nature Repair Market bill may repair the environment, but is it the Budget that will need repair?

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By Peter Burnett

Environment minister Tanya Plibersek’s draft Nature Repair Market bill, currently out for public comment, appears to form part of a ‘build it and they will come’ strategy on nature repair.

Right from her first domestic speech as Minister last July, Plibersek has said consistently that the environment is in a bad way and getting worse. And — citing an estimate of more than $1 billion a year to restore landscapes and prevent further degradation— that the cost of repair is beyond the capacity of governments alone.

Plibersek believes the answer lies in finding industry and philanthropic partners. She says that markets can put a value on improvements in biodiversity, enabling landholders to be paid for their services to nature and allowing businesses, among others, to invest in the biodiversity credits that landholders would produce.

The Nature Repair Market bill certainly aligns with this framing, but I don’t think the investors will come, at least not without inducements.

Let me explain.

Nature Repair Market Bill

The bill itself is very similar to the Agricultural Biodiversity Stewardship Bill introduced by then-Agriculture minister David Littleproud before last year’s election. It addresses what can be regarded as the five foundations of efficient and effective markets in nature:

  • standards, to guarantee that any credit given for repairing nature delivers genuine ‘additionality’ — ie, that nature really is enhanced by the action concerned and that the ‘benefit’ produced wouldn’t have happened without the action
  • methodologies, to allow experts on a Nature Repair Market Committee, including conservation biologists and ecologists, to spell out exactly what must be done to enhance nature in particular cases, whether by preparing the soil in a certain way, planting native species in a particular mix, or controlling for particular pests
  • certification by a Regulator, to ensure that repair projects are following the methodologies
  • implementation and compliance, to ensure the repair projects deliver the intended additionality in a measurable way
  • good governance, to ensure that all aspects of the scheme comply with the standards and are seen to be doing so; this requires strict role separation between minister the methodology experts and the regulator, as well as full transparency, so that market participants can see that the elements that give the credits their value are present at all times.

But the bill needs strengthening if it is to lay these five foundations in full. In particular, it comes with some ‘mutant DNA’ inherited from one of its forbears, the Carbon Credits (Carbon Farming Initiative) Act 2011. This DNA was injected by the Abbott government in 2014 and blurs some of the boundaries between the policy role of the minister and the independent expert role of the Nature Repair Market Committee.

The bill also needs more transparency. The underlying principle should be that everything the Committee does should be publicly available, with a few narrow exceptions such as confidentiality while methods are under deliberation.

No doubt the government will make some changes itself to reflect its recent in-principle acceptance of the recommendations of the recent Chubb Review into the integrity of carbon credits, but the underlying principle is that integrity must not only be achieved but seen to be achieved. Anything less rests on a slippery slope towards greenwashing and impaired value.

Then there is the task, once the bill becomes law, of getting a swag of methods approved. This will be much harder for biodiversity than for carbon: a tonne of carbon is a tonne of carbon, but a unit of biodiversity has dimensions in structure, composition, geography and even history, and so may need to be defined in ways specific to a bioregion, ecosystem or area.

Take for example a site that has undergone pasture improvement with the application of fertiliser over time. This site will be more difficult to restore to its original condition than a similar unfertilised site, and sowing seeds and planting native trees on both sites will lead to different biodiversity outcomes.

Come hither, philanthropists, investors, one and all …

At the end of the day though, the biggest challenge is not building the scheme, but getting investors to come.

Philanthropy in Australia is limited, while the business case for companies to invest in biodiversity to build social licence is also very limited. And companies that invest in biodiversity certificates to deliver offsets are compensating for losses they are causing elsewhere — so overall, they deliver no additionality.

I think the government is wedged. If the investors do not come, it could look at some form of compulsion, such as a development levy with an exemption for companies that purchase biodiversity certificates. Any measure of this sort would be political poison without an election mandate.

Alternatively, the government could do what other governments have done over the years — fudge their way through by failing to collect comprehensive data and funding small tree planting programs to apply a veneer of greenwash. Apart from the policy failure this represents, I think Plibersek has already nailed her ‘no fudging’ colours to the mast.

The final option is for the government to stump up a billion or so each year to buy certificates itself. A billion against the Budget as a whole is not much, but a billion from the much smaller pile of ‘new money’ that the government puts on the table each year is a big slice.

Any large biodiversity certificate purchasing program the government did consider would likely come at the expense of either another portfolio or the Budget bottom line, because the environment portfolio was so run down by successive Coalition governments. It would represent an embarrassing, though survivable, retreat from ‘build it and they will come’.

Keep an eye on the coming May Budget for a response to the wedge. Or a cupped hand to the ear for the sound of raised voices emanating from a certain room deep in a well- known Hill in Canberra.

Banner image: Tree plantings and shelterbelts on agricultural land near Canberra. Defining what a biodiversity unit consists of is only part of the challenge in establishing a market for nature repair. (Image by David Salt)

The first casualty – do we really want a war with Mother Nature?

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By David Salt

Have you heard? We’re at war! And, in the fog of war, nothing is certain.

Well, one thing is for certain: the weather is going crazy. Have you ever seen anything like it?

The US went from killer heat waves, unprecedented drought, mega wildfires and hurricanes in the closing months of 2022 and then switched to unprecedented arctic snowstorms and monstrous flooding over Christmas and the opening days of what promises to be a very bumpy 2023.

“We’re in a war!” proclaimed New York’s Governor, Kathy Hochul, during her Xmas day emergency news conference as her state got pounded by some of the coldest temperatures and biggest snow dumps the region had ever seen. At that point, over 30 people had died in western New York alone, frozen in houses without power or trapped in stationary cars on gridlocked highways.

So, who’s the adversary here?

“We’re at war with Mother Nature,” explained the Governor. “And she’s been hitting us with everything she has.”

Inger Andersen, the Executive Director of the UN Environment Programme, also believes we’re in a war with Nature; however, she sees Nature as more as the victim than the aggressor.

“As far as biodiversity is concerned, we are at war with Nature,” she said at the Biodiversity CoP15 conference at Montreal last month. “We need to make peace with Nature. Because Nature is what sustains everything on Earth … the science is unequivocal.”

Though, when has ‘unequivocal science’ ever been the deciding factor? (See ‘The first casualty’)

A world at war

As everyone knows, wars are times of change; in wars horrible things happen; people die, leaders are vanquished or created, maps are redrawn, and things are very uncertain. The status quo is smashed, and new things arise, both wonderful and terrible.

In recent years there have been many calls to ‘wage a war’ on climate change because the current status quo of incremental shifts, climate denialism and vested interests do not appear to be reducing humanity’s remorseless buildup of carbon in our atmosphere. We need action, we need transformative change. (Consider this call to arms during last year’s Climate Summit: We must wage war on climate change to save the Earth.)

In one of my first blogs on Sustainability Bites I discussed the call for a new ‘Pearl Harbor’ moment, a reference to the day Pearl Harbor was bombed by the Japanese Imperial Forces during the Second World War, thrusting the US into that global conflagration. Over 2,400 Americans died in the attack on Pearl Harbor, but the event transformed the nation overnight into a war machine that would go on to become the world’s leading superpower.

If Pearl Harbor catalysed the transformation of a nation to become a lean-and-mean fighting machine, what would it take to transform humanity into a united force willing to tackle climate change in a sustainable and effective manner?

Shocking

A few years ago I believed a significant climate-related disturbance might be what was required to shock humanity out of its complacency; overwhelm the status quo of inaction. Then we experienced unprecedented mass coral bleachings across the Great Barrier Reef in 2016 and 2017. These events, long forecast by scientists and harbingers of the death of our planet’s biggest ecosystem, received enormous attention in the media but almost no action from our conservative climate-denying Australian Government (above and beyond a lot of hollow rhetoric and a few extra dollars thrown at managing the reef; little to nothing was done about reducing our emissions or playing a stronger role in encouraging other countries to reduce their emissions, the root cause of the bleaching).

Then Australia was hit by megafires at the end of 2019, a season which has since been dubbed the Black Summer. Again, lots of media, no action on emissions or climate. (Indeed, our then Prime Minister was overseas holidaying at the time. On his return he infamously quipped, “I don’t hold a hose.”)

Since then we’ve had a run of La Nina years with historic flooding wiping away many of our regional towns.

These are just a few of the climate ‘shocks’ we’re experiencing in recent years in my home country Australia. But these disturbances don’t seem to be catalyzing transformative action. Yes, our climate denying conservative government was voted out of office last year (denialism was only one of its many flaws), and the new government is doing more on climate change; however, simultaneously, this new government is still approving large fossil fuel developments so in the ways that count it’s same old, same old.

Around the world similar climate catastrophes have been rolling out with ever increasing frequency, and 2022 will go down as the year that climate disruption came to everyone’s backyard. But has it catalysed transformative change? Not really. The big forum on the climate last year, the CoP27 Climate Summit, was largely seen as a failure. Transformative change was not even on the agenda. There were even moves to unwind things agreed to the previous year in Glasgow.

The first casualty

Which is why the hype and hyperbole is increasingly invoking the metaphor of war. Our world is sinking; climate disruption is unpicking the very fabric of humanity’s identity; our belief in a future with certainty is withering. In response, people are calling for action, big action, revolutionary responses as only occur in a time of war, and the calls are growing more strident and desperate.

But be careful about what you wish for. In war, society’s norms are thrown out the window. Truth is no longer regulated by our institutions, chaos reigns.

‘Truth’ is always a relative commodity, but it’s been under growing stress in recent times. For example, the pandemic saw a flourishing trade in disinformation around science-based vaccination programs, and politics is being played faster and looser with the truth all around the globe.

In many ways, there’s been a cold war around climate action for decades with the vested interests actively peddling disinformation to protect their investments. The climate cold war may be coming to an end as things heat up, as climate disruption takes central stage. The big question, though, is what replaces it?

Because, let’s be clear, the ‘war’ is not Mother Nature out to get us, or even us out to get Mother Nature. It’s actually about the great divide within humanity itself in which a small proportion of the people on this planet enjoy the benefits of enormous economic wealth and power, while a growing segment of the majority of Earth’s people are buckling under the growing burdens of climate impacts.

The world’s richest 10% account for around 50% of global emissions. An analysis last year by the Center for Global Development found that each Briton produces 200 times the climate emissions of the average Congolese person, with people in the US producing 585 times as much! Within a single month, the carbon emitted by someone living in the UK will surpass the annual emissions of citizens of 30 low- and middle-income countries.

And the inequities so apparent between countries are just as real within countries. As one small example, an analysis of energy use in the UK in 2019 showed that car journeys and flights taken by the richest British people – especially “white, wealthy middle-aged men” – used more energy that year than 60% of the population got through in total.

Truth is the first casualty of war. The war on climate is usually portrayed as a battle for or against Mother Nature. If that’s the way we continue to frame it then I fear the battle is lost before a single shot is fired.

Banner image by 12222786 from Pixabay

Fusion energy, if you look too close… you’ll go blind – miracle technology or miserable mirage?

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By David Salt

Technology to the rescue!

Our profligate use of carbon-intense energy has enabled humanity to soar on an ever-growing wave of economic growth. It has also tipped the Earth system into a different way of behaving (welcome to the Anthropocene).

Climate scientists have been warning us of the consequences of this for roughly 50 years. Unfortunately, by and large, our political leaders have ignored these warnings through a mix of denial, obfuscation and delay. They have done this because the short-term pain society would experience as we transformed our energy systems comes with a high political cost; so high it’s easier just to kick the can down the road. What this has translated to has often been the claim that tomorrow’s technology will solve tomorrow’s problem (brought about by today’s inaction) so let’s keep burning oil like there’s no tomorrow.

Only thing is, tomorrow’s problem came down to roost this year. India had historic heatwaves, Pakistan unprecedented floods, the US was hit by killer wildfires, Europe copped devastating heatwaves, floods and drought (ditto China)… and the list goes on. It wasn’t a bad year, it was a catastrophic one in terms of climate disruption, and it’s only the entrée to what’s ahead – welcome to the Anthropocene.

Carbon emissions, largely associated with the way we use energy, lies at the heart of this disruption. So, it is with great enthusiasm that headlines everywhere in the dying days of this disastrous year have been hailing the recent breakthrough in ‘clean’ fusion energy (eg, Breakthrough in nuclear fusion could mean ‘near-limitless energy’).

The fusion breakthrough

Fusion, as most people know, is the process that powers our sun. It involves fusing together hydrogen atoms to release vast quantities of energy, but it only happens under conditions of extreme heat and pressure, conditions that exist in stars.

Scientists have been working on recreating these conditions by focusing high power lasers on hydrogen atoms held close together within intense magnetic fields. They’ve generated fusion energy on several occasions but, up until recently, it’s taken more energy to produce the fusion reaction than has been produced by that reaction.

The breakthrough that has just been announced was made by the Lawrence Livermore National Laboratory in California. It produced a fusion reaction that gave out more energy than was required to produce it. The lasers used to create the fusion used around 2 million joules of energy but the reaction emitted some 3 million joules; the first time a controlled fusion reaction has produced a net surplus of energy.

How cool is that? Humans are now capable of fusing atoms in temperatures and pressures 10 times higher than those at the centre of the Sun! Stand aside Prometheus, we’ll take it from here.

The fusion joke

But before you go ordering your own personal stellar power plant, keep in mind this technology has a few hurdles still to jump.

For starters, this ‘breakthrough’ is really a technical ‘proof of concept’ that fusion can be done in a controlled manner. The lasers may have used less energy than the fusion they produced, but the facility surrounding the lasers and the magnetic fields consumed around 300 million joules of energy to do the experiment. So, even in this experimental set up, the fusion reaction needs to generate 100 times more energy just to break even. (As it is, the net energy it generated in this experiment is about enough to boil a kettle, and could only be sustained for 100 trillionths of a second.)

Upscaling fusion to be a commercial reality has so many technical challenges that the running joke in the world of physics is that controlled fusion energy will take 50 years before it’s a reality. What’s more, scientists have been working on fusion for more than 50 years, yet that forecast of ‘it’s still 50 years away’ has never really changed.

Though, following this latest breakthrough, the Director of the Lawrence Livermore National Laboratory, Kim Budil, said on Radio National that she believed that operational fusion power plants might be possible in a mere two decades.

I think she’s dreaming – it’s the willfully naïve dream of the techno-optimist. Maybe the fabulous science being done at her lab will truly provide a guide for how fusion power plants might be built but the staggering – and I mean stupendously enormous – levels of resources (money, highly skilled people, land, infrastructure and, above all, political will) needed to build a fusion plant makes them projects bigger than any space race, and beyond the capacity of any single nation state. And how well have our big multi-state technological adventures gone so far? They exist, think International Space Station, massive radio telescopes and particle research facilities. However, none of these go even close to the resources that would be required by commercial fusion power.

As is often the case, a scientist, often a physicist, will make a breakthrough uncovering new realms of potential and say ‘problem solved’ (in this case, our energy needs will be met); claims which are then amplified and distorted by the media and political leaders to suit whatever ideological barrow they are pushing.

The fusion dream

The thing is, even if fusion power was a reality in 20 years, is it a solution we should be prioritizing?

Climate disruption is with us today and already tearing apart the fabric of our society.

We don’t have 20 years; we need to transition away from carbon-intensive energy now. We’ve literally wasted the last 20 years, and now the wheels are starting to come off project humanity.

To prioritize the ultra-expensive, highly risky idea of fusion energy as our salvation is really just one more form of climate denialism – we don’t need to change our ways because tomorrow’s technology will save us, so keep on consuming and polluting.

The irony here is that the real solution lies in natural fusion energy. That massive fusion reactor in the sky we call the Sun radiates a limitless supply of energy down on us every day. We’re starting to capture a tiny portion of that energy with photovoltaics (and wind turbines, wind is ultimately the result of solar radiation warming the atmosphere) but there needs to a massive switch from fossil fuels to renewables immediately. This is not happening.

Single fusion power plants are expected to cost between $20-65 billion dollars each and current research expenditures in the US alone are well over $500 million pa. Imagine what could be achieved if this level of funding was channeled into upscaling existing, relatively inexpensive and reliable solar technologies available today.

Or we could just continue to stare into the incandescent vision of endless ‘clean’ controlled fusion energy coming to our powerpoints sometime very soon. Just remember what happens when you stare into the Sun for too long.

Banner image: Image by 이룬 from Pixabay

New ‘Big Agenda’ for Nature faces many hurdles

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By Peter Burnett

This is a version of an article published on 12 December 2022 in The Conversation; it contains some additional material.

The Albanese Government’s ‘Nature Positive Plan’ reform package last week, announced by Environment minister Tanya Plibersek last week, is a much-anticipated response to Professor Graeme Samuel’s 2020 Review of the Environment Protection and Biodiversity Conservation (EPBC) Act. It will be a major plank in the Albanese government’s 2023 agenda.

The plan is packed with policy announcements, most of which stick close to Samuel’s recommendations. Major stakeholders have welcomed the package, none more so than Samuel himself, who expressed ‘complete elation and unqualified admiration and respect’ for Plibersek.

The heart of the plan is a bold decision to drop the current ‘box-ticking’ approach to development approval. Instead, decisions must deliver environmental outcomes that reflect new national environmental standards.

As Plibersek puts it, the government now has a ‘big agenda’ supporting a vision of ‘net zero and nature positive by 2050’.

Dauntingly for her, the path of this big agenda stretches far over the political horizon and is littered with hurdles.

Here are ten hurdles the minister will have to jump, just for starters.

1. Climate trigger

The Greens and several cross-benchers have already criticised the absence of a ‘climate trigger’ in the reforms. This would expose large developments to having their carbon emissions limited as a condition of approval. Developments might even be refused for excessive emissions.

The government argues that regulation should not duplicate other measures, especially the safeguard mechanism, which already limits emissions from major facilities. Fair point, but so is the concern that Australia’s primary environmental law, designed to protect matters of national environmental significance, does not deal with the most significant environmental threat of all.

There is scope for a limited climate trigger, to fill gaps in climate regulation, so perhaps a deal will be done. Large-scale land clearing is climate-significant, but not regulated for carbon impacts. Similarly, Australia does not regulate large developments for their ‘scope 3’ downstream domestic emissions (eg, domestic gas production). Now that we have a Climate Change Act and an emissions budget, there is a case for a reserve power not to approve projects on the ground that there is no room left in this budget to accommodate these omissions.

2. Weasel words in the standards

Setting standards for nature-based decisions is cutting edge; the idea is to spell out exactly what a healthy environment looks like, and how much environment we need.

Samuel worked with stakeholders to include some draft standards in his report; in doing so he rightly counseled against ‘weasel words’ — words that rob the standards of their punch, like ‘as far as possible’.

But one person’s weasel words are ‘flexibility’ to another. It won’t be easy keeping the devil out of the detail.

3. Sell standards to states

To eliminate duplication, a major bugbear for business, the reforms provide for states to be accredited to take decisions that are otherwise for federal government, provided they meet the standards. If the states agree to meet the standards for federal decisions, environment groups may push to apply the standards to state-only decisions. States will resist being driven by federal policy.

4. Get into bed with states on regional planning

Regional environmental plans sit alongside national standards at the heart of the reforms. Standards will define what needs to be protected, while plans will say where protected values lie and how much protection is needed, on a traffic light system: red for irreplaceable, orange for values that can be offset, and green for minimal restrictions.

Federation makes it almost essential that the federal government partner with states in preparing regional plans. Plans could be based on Australia’s 56 Natural Resource Management regions or 89 bioregions.

Plibersek has moved early, signing an MOU with Queensland to work together on regional plans on the day she announced the reforms. Even so, this is a long and winding road — time-consuming, expensive and politically challenging.

5. Forest deal

Regional forestry agreements (RFAs) are exempt from the EPBC Act, though both have been criticised for similar failings: inadequate conditions on development, inadequately enforced.

The Rudd government dismissed a similar recommendation pre-emptively. Labor still remembers the 1995 ‘siege of Canberra’, in which logging trucks encircled Parliament House.

One can almost feel the rumble of logging trucks in the cautious language of the plan to ‘begin a process of applying’ the new national standards to RFAs, in consultation with stakeholders.

6. Respect Indigenous views and values

Professor Samuel was rightly passionate about bringing true respect for Indigenous views and values into the EPBC Act. The challenges however do not stop with respectful engagement.

The Rudd Government endorsed the UN Declaration on the Rights of Indigenous People (UNDRIP) and a Parliamentary Committee is considering its domestic application. A key UNDRIP principle is free, prior and informed consent. If we listen respectfully to Traditional Owners, but are told ‘no’, will this translate this into a veto?

7. Kick-start nature repair markets

The Albanese government has placed significant emphasis on the environmental role of the private sector, through ‘nature repair markets’. The plan promises to establish the functional components of these markets.

The government says it cannot foot the repair bill alone. That may be so, but the private sector is motivated by profit, supplemented at the margins by social licence and philanthropy. The government may build a market but with these motivations only a few will come. Often, there just is no business case for voluntary action.

It would be different if we put a price on biodiversity, as we briefly put a price on carbon but, thanks to Tony Abbott, that idea is ‘dead, buried and cremated’.

8. Offsets

Offsets seek to compensate Nature for approved loss, eg clearing habitat for construction. The compensation should be ‘like for like’, eg growing new koala habitat to substitute for cleared habitat. The bottom line is that if offsetting is not possible, nor is the development.

The plan will replace this last restriction with a rule that if offsetting is not possible, pay cash and proceed. Government will spend it on something else, applying a ‘better off overall test’ (BOOT).

If we run out of koala offsets, would feral cat reduction, which benefits quolls but not koalas, leave nature better off? Does the offset need to save two quolls for every koala lost, or is one for one enough? Tricky.

This policy would fit better with a policy goal of conserving whole ecosystems rather than individual species.

9. Build not just trust but support

Samuel found that all sides had lost trust in the EPBC Act. Some things are easily fixed. Full transparency, clear policies, reasons for decision given routinely.

Ironically, things that restore trust will tend to box decision-makers in, just as magicians would find it much harder to perform their tricks if we could see into the magic box.

10. Buckets of money

Of the many hurdles confronting Plibersek in the near term, the highest sits in her own Cabinet room, where she will seek funding in the 2023 Budget. One recent study found that federal and state spending, on threatened species alone, was 15% of what was needed.

Whatever funding is announced, history suggests it will fall several zeros short of what Nature needs.

Endurance race

The biggest problem with the EPBC Act has not been what sits within it, but what does not sit behind it. It has been chronically under-resourced and under-implemented. EPBC is a story of unrealised vision.

We cannot afford a repeat of the EBPC story — better to dig deep and make the Nature Positive Plan work.

Banner image: Image by Christel SAGNIEZ from Pixabay

The fifth and final transformation: Restoring trust in decision-making

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By Peter Burnett

This is the last of my series of blogs arguing there are five transformations implicit in Professor Graeme Samuel’s review of national environmental law,* to which the Albanese government will respond in early December.

The first four transformations were to:

The fifth and final transformation is to restore trust in environmental decision-making.

Trust makes the world go round

It’s true, trust makes the world go round.

Democracies in particular depend upon it. Just look at the polarisation, indeed tribalisation, that has occurred in the United States, culminating in the insurrection at the Capitol building in Washington on 6 January 2021.

Trust in government has declined in Australia as well. According to the respected Scanlan Research Institute, trust in the federal government (measured as people saying that they trusted the government at least most of the time) reached a low of 27% in 2013.

This recovered dramatically with the pandemic — trust in the federal government had more than doubled by 2020, to 55% — but it started to drop back again last year (48%). Even if trust were to stabilise around 50%, which seems unlikely, that’s not a great result.

There is no trust in our nation’s most important environmental law

Against that backdrop, it is not surprising that one of the main findings of the Samuel Review of the EPBC Act was that it was not trusted, either by business, who are regulated by the Act, nor by the wider community, who rely on it to protect the environment.

Business views the EPBC Act as cumbersome, involving duplication between federal and state systems; slow decision-making; and as facilitating legal challenges intended to delay projects and drive up costs for business (sometimes called ‘lawfare’).

Businesses are concerned in particular by long delays — for business, time is money.

A major project, such as a mine, can take nearly 3 years to assess and approve. For a business, this is far too long. Most people would acknowledge this.

The community on the other hand, are frustrated by the Act, viewing their participation as limited and process-oriented.

Often, people cannot see how the various environmental, economic and social considerations are weighed by the environment minister and are left with a general perception that outcomes are unclear, if not unsatisfactory. Compliance and enforcement are seen (rightly) as weak and environmental monitoring ineffective (also, clearly correct).

According to Professor Samuel, environmental groups often bring legal challenges because of these frustrations. They have the sense that decisions are out of step with community values, but do not have sufficient ready access to information to know exactly why.

Samuel’s recipe for restoring trust

Happily, Samuel had a recipe for restoring trust in the EPBC Act (or its successor).

His most important recommendation supporting trust is the fundamental shift from process-based decision-making to outcome-based decisions, applying the new national environmental standards (which I discussed as the first transformation). Standards would be supported by regional plans and stronger institutions, including information systems and compliance regimes.

If we had a set of environmental standards spelling out just what we need to protect and conserve, and knew that the environment minister was a) required by law to take decisions reflecting these standards and b) properly supported in taking those decisions by well-designed and well-funded systems, we could all sleep more easily.

But it’s not just the results that matter, but how we get there as well.

Professor Samuel’s other recommendations for restoring trust relate to efficiency, transparency and accountability in decision-making processes. He proposed:

  • Giving the community much more access to information, including Plain English guidance; opportunities to participate; access to information being considered; and routinely-given reasons for decisions.
  • A new and more influential set of statutory advisory committees, including an new and overarching Ecologically Sustainable Development (ESD) Committee to provide transparent policy advice to the minister on overall progress towards the outcomes set out in the standards
  • Adding ‘limited merits review’ (explained below) of development approvals to the existing broad standing of community groups to seek ‘judicial review’ in the courts (also explained below).

Judicial review, which is currently available for EPBC decisions, is the right to ask a court to overturn a decision, but only on the legalities — eg, that the minister failed to follow due process by not consulting everyone affected — and not on the merits, which concern the pros and cons of the final decision itself.

Merits review, often sought through a tribunal rather than a court, but not currently available for the most significant EPBC decisions, would get down to the pros and cons of the decision. Samuel’s ‘limits’ to this kind of review include confining merits review to decisions that have material environmental impacts and good prospects of success.

This is designed minimise review of minor decisions, or those that lack merit and promote delay.

For constitutional reasons Samuel could not simply recommend that the Parliament block all delaying actions by prohibiting access to the courts.

Will the cooks follow the recipe?

You have no doubt guessed from my description of Professor Samuel’s recommendations as involving ‘five transformations’ that I think his approach is ground-breaking.

As he himself hinted, the switch to a standards-based decision-making alone is transformative.

In this context, his further recommendations for increased transparency and accountability are icing on the reform cake. That’s not to say they are not important or long overdue.

But will the government go down this track? We’ll know very soon.

I think they will go for the general approach. However, the devil will be in the detail, especially in the detail of the standards.

The Morrison government pretended to start down the Samuel track by proposing an initial set of draft standards that simply repeated various process-based requirements from the existing EPBC Act. These ‘standards’ added nothing to existing rules and so would not have changed decisions. It was an attempt to pull the wool over our eyes.

If the standards-based approach is to work, it is essential that they spell out, in unqualified detail, exactly how much of the ‘matters of national environmental significance’ we must protect and conserve, if we are to maintain quality of life for ourselves and for future generations.

This will not be easy to do — hopefully our ecologists are up for the job!

We’ll also need some good lawyers — it is essential that the standards contain no ‘weasel words’, as Professor Samuel likes to say.

At the end of the day, people will only trust environmental laws that truly protect and conserve the environment. Transparency and accountability are important, but cannot carry the day by themselves.

Banner image: Trust makes the world go round. If the government wants trust restored in its national environmental law it’ll need to ensure it is efficient, transparent, accountable, but most importantly, that it delivers real outcomes. (Image by Tahlia Stanton from Pixabay)

Laying new foundations for environmental decisions: the fourth transformation

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By Peter Burnett

My recent blogs have argued that there are five transformations implicit in Professor Graeme Samuel’s review of national environmental law*, to which the Albanese government will respond in early December.

The first three transformations were to:

  • pursue pre-defined environmental outcomes rather than simply following legal process
  • take Indigenous knowledge and values seriously
  • simplify the processes of environmental regulation and harmonise regulatory outcomes between federal and state systems.

This blog concerns the fourth transformation, which is to lay new foundations for quality environmental decisions.

Money is the root of all … problems

One of the biggest problems with the EPBC Act is that it is a ‘jumbo jet’ of an Act run on a budget fit for a propeller-driven plane.

It has been like that during most of the 20+ years in which the Act has operated.

The original problem was that the environment minister behind the Act, Senator Robert Hill, pulled off something of a coup in getting the EPBC reforms through Cabinet and the Parliament. Many of Hill’s colleagues would likely have opposed the Bill if they had fully understood its scope and power.

As good as he was, Hill was not a magician and scoring a bucket of ‘new’ money to operate a new law with a much wider scope than the laws it replaced was a bridge too far.

The EPBC Act has had some particular financial ups and downs.

In 2007, after the Auditor-General criticised the poor implementation of provisions for protecting and conserving threatened species, the Act received a healthy injection of funds.

On the other hand, over the period 2013-2022, and especially following the notorious Abbott/Hockey ‘horror budget’ of 2014, resources for the environment portfolio, including the EPBC Act, were cut by around 40%.

The new Albanese government has just put some money back in, but it has started from a very low base. The Act remains significantly under-resourced.

Every Act has its consequences (or not) …

The consequences of this long-term underfunding, compounded in some cases by lack of political vision or will, are that many of the foundations of the current system of protection and conservation provided for by the EPBC Act are either significantly under-done, or not done at all.

Three of the most important identified by Professor Samuel were environmental information, compliance and enforcement, and environmental planning.

He described the collection of data and information as ‘fragmented and disparate’, while compliance and enforcement had been ‘limited’ and lacked transparency.

As for planning, while the Act includes a full suite of planning provisions, Samuel found that these provisions had yielded only piecemeal approaches and ad hoc efforts at coordinated national action.

For example, ‘bioregional plans’ prepared for four of Australia’s marine bioregions have never been updated, while no bioregional plans had been prepared for any of Australia’s 89 terrestrial bioregions.

In many respects such ‘under-institutionalisation’ is a perennial problem in Australian environmental policy. So perennial in fact that (ANU) environmental policy expert Professor Steve Dovers even had a name for it: ‘policy ad-hocery and amnesia’.

Of course, this doesn’t excuse such failures.

Samuel’s fix

As we’ve seen, Professor Samuel’s proposed fix is built around the new concept of national environmental standards.

If we are to avoid the ‘on paper, but not in practice’ problem of the current law, the standards will need to be complemented by a range of supporting institutions. Samuel made a number of recommendations in that vein, including:

  • Extending the concept of national standards beyond on-ground environmental outcomes, to deal with requirements for transparent processes and robust decision-making, including environmental data and information; and compliance and enforcement
  • A national data supply chain, managed by a supply chain ‘Custodian’, guided by a strategic plan and supported by adequate investment in new information systems
  • Independent compliance powers for the environment department, with increased transparency and accountability; and adequate resources
  • A new set of planning tools which emphasise strategic approaches at national and regional levels

To go beyond regulation and encourage investment in restoration, Samuel also recommended establishing a central Trust to coordinate public and private investment. While he didn’t mention money every time he made a recommendation, there is a clear sense in his report that none of this will work unless properly funded.

Over to you Tanya

Although environment minister, Tanya Plibersek has spoken positively about implementing the Samuel reforms, there remains a significant risk that this government will repeat the mistake of the Howard government by enacting laws that are strong on paper but weak in practice.

Putting a stop to the long-term decline of Australia’s environment will take a political courage, persistence and (last but not least) major investment.

It is notoriously difficult to obtain ‘new’ money in a government Budget. The lion’s share of expenditure is already baked-in and there are many competing commands for any remaining Budget ‘headroom’.

Plibersek is about to announce the government’s design for the next generation of environmental regulation. Even if it looks very different to the EPBC Jumbo, I’m guessing the design will still be in same ‘heavy lift’ Jumbo Jet class.

But will there be provision to fill the fuel-tanks and a hire a full complement of crew?

* Independent Review of the Environment Protection and Biodiversity Conservation (EPBC) Act, 2020.

Banner image: Australia’s national environmental law was sold to us as a ‘jumbo jet’ set of protections… but then they only provided enough funds to run a propellor driven plane.
(Image by Anja from Pixabay)

A connection with tomorrow’s citizens – calling for a Ministry for the Future

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By David Salt

In a year of climate disasters, you’ve likely forgotten about what happened in India back in March and April. The country experienced its worst heatwave on record in terms of high temperatures, duration and geographical extent. At the end of April around 70% of India was stricken by the ‘event’, killing hundreds of people (probably a gross underestimate), and reducing crop yields by up to 35% in some regions. Heat waves are common in India but the science is suggesting they are now being supercharged by climate change. And things only promise to get worse.

I remember being appalled by the news reports I was reading at the time. Surely, when one of the world’s most populous nations is literally withering under global warming, right in front of our eyes, surely people start to act? Right?

Wrong! Just consider the hyperbolic rhetoric flowing from the just completed COP27 climate conference and its underwhelming outcomes. (What did António Guterres, Secretary-General of the United Nations, say? Oh, that’s right: “We are on a highway to climate hell with our foot on the accelerator.”)

And, as I suggested, if you’d even heard about the Indian heatwaves, you’ve likely forgotten them following the unprecedented Pakistan floods, Europe’s killer summer, the United States devastating hurricanes or China’s record drought. We’re becoming normalized to climate catastrophes!

In any event, back in May, after hearing me ask ‘can you believe what’s happening in India?’ for the twelfth time, a colleague gave me a copy of the book The Ministry for the Future to read. He said it’s full of interesting ideas about how to deal with the growing climate crisis and it begins in India during a heatwave (‘which you keep rabbiting on about’).

Delirium and fever

I thanked him, noted that (according to its cover) Barack Obama had highly commended it (clearly very ‘worthy’), and that it was over 550 pages long in really tiny type. I got home and put it on the reading pile where I expected it to gather dust because deep down I suspected it was just another technobooster effort to get us to believe that while the challenge was big, science would ride in to save us; something I’m very dubious about (and have discussed in the past). I probably wouldn’t read it at all. (I’m so tired of ‘worthy’ being drowned by ‘hypocrisy’.)

Then I came down with Covid, and for three days I suffered my own personal heatwave (high fever). And it was in this somewhat delirious state that I picked up The Ministry for the Future and began to read.

The opening chapter was truly nightmarish. It described a town in India trapped in an unrelenting heatwave in which almost everyone dies; except for a traumatized aid worker, Frank May, who miraculously survives but is scarred for life.

Frank searches for meaning and ends up getting to know Mary Murphy, the head of the Ministry for the Future, a group established under the Paris Agreement to work on policies that take into account the needs of future generations. How will they save the world?

Wait a sec, I asked myself. Is this real? Is there such a thing as a ‘Ministry for the Future’? And why would Mary, a former foreign minister of Ireland, show any interest in a burnt-out husk like Frank (especially when her job is about saving the world)?

Is this for real?

Well, of course, there is no such thing as the Ministry for the Future. The book was written in 2020 by science fiction author Kim Stanley Robinson (KSR). Indeed, according to its Wiki entry, the book is classified as ‘hard science fiction’; which is to say that the science presented is pretty robust (which, I gotta say, strikes me as valid; the science came over to me as authentic and realistic). And yet it’s like no sci fi I’ve ever read. Indeed, I’d place it in that little known genre, ‘hard policy fiction’.

The plot begins in 2025 with a killer heat wave in India (Kim got that wrong, it actually hit in 2022) and ambles its way into the future up until the 58th COP meeting of the Paris Agreement and a bit beyond.

Despite my initial reluctance, I found myself enthralled by the dazzling spectrum of ideas being presented and the multitude of methods KSR employed to tell his story. Mary and Frank are central characters, and their perspectives helped ground the story, but at the same time they are peripheral to a complex tale that goes off in all directions.

The story consists of 106 relatively short chapters, but the detail in many of these (economic theory, climate science, history and governance for example) often makes the prose difficult to engage with and absorb. It really is a tour de force, but it’s not an easy or page-turning read.

I think the thing that won me over was that while it deployed science as one way of dealing with some of the impacts of climate change, it did so in a low key, realistic manner. None of the solutions he presented were silver bullets; and, more than many writers, I thought he gave a good accounting of the trade offs and gaming that occurred around every effort. He creates a very uncertain and complex future world, but one I found quite plausible.

So, while he engaged with geoengineering in the form of aerosols being dumped in the stratosphere (the dumping was done by the Indian Government in response to the heatwaves), the impact was minor (as our current science suggests it would be) and didn’t really fix the problem of over-heating. In the world of the near future KSR also dyed the Arctic sea yellow to increase its ability to reflect light (humanity having melted all the highly reflective sea ice) and drained the meltwater under glaciers to slow their disintegration (thereby reducing the speed of sea level rise).

Connecting with the future

But possibly the boldest and most fundamental change being proposed in the book was a combination of economics, technology and innovations in governance that, when combined, gave reason for people to invest in their future.

KSR sets out the idea that if today’s generation were paid to capture carbon but the payments weren’t made until well into the future, then maybe we’d take this task seriously. To this end, KSR suggests the creation of a carbon coin. Each coin represents one ton of carbon sequestered but were only paid out at some time in the future. People, companies, governments would only invest in generating carbon coin if they believed they could cash them in down the line, so they needed to trust the institutions that ran the coin (the world’s banks), and they needed to believe there was a future they could get to.

Block chain is proposed as an important technology here. It is rolled out everywhere, again led by banks and governments, because for this investment in the future to work there needed to be full accountability and transparency (not, say, like what’s happening currently with carbon offsets). Gaming the system wasn’t feasible, and with time the climate denying elites, whose power lay entrenched in the past, began to lose influence.

Simultaneously, grass roots ‘terrorism’ by disenfranchised segments of society were beginning to tear apart the status quo, and many societies were experimenting with different forms of governance that distributed power to the people (and refugees even began to be treated in a humane manner and assigned genuine rights).

Investing in the future

I wonder what it would take to get humanity to really begin investing in the future? It seems unprecedented climate disruption, with the certain prospect of greater disruption with every passing year, is not enough.

There’s way too much in The Ministry for the Future to even briefly summarise its many insights in this blog, but I hope I may have said enough to pique your interest. It took a dose of Covid to get me to read it; I hope it takes less for you to consider it.

I’ll leave you with one memorable quote from the book when an American town suddenly runs out of water:

“Remember what Margaret Thatcher said? There is no such thing as society?

…I can take them all to a place where they will eat those words or die of thirst. Because when the taps run dry, society becomes very real.”

Banner image: Image by Gerd Altmann from Pixabay 

It’s ‘business as usual’, but at least there actually is plenty of business

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Senate Budget Estimates on the environment, November 2022

By Peter Burnett

Australia’s environment department has been run down over the past decade. I’m pleased to see from this month’s Estimate hearings that it’s getting extra resources. What does that mean? Let’s consider two areas, biodiversity and Indigenous heritage.

2022 is unusual in that the new Labor government has handed down a Budget, even though the previous government had already tabled the ‘normal’ Budget in March. The main objective for this extra October Budget was to fund election commitments and to de-fund programs from the former government that Labor did not support. Larger reforms have been held off until the next (normal) Budget, due in May 2023.

Some funding was redirected from old to new programs. For example, most of the money from the old ‘single touch approvals’ program, under which the former government wanted to accredit States to take environmental approval decisions under the Environment Protection and Biodiversity Conservation (EPBC) Act, was redirected into reforming the Act itself, in response to the Samuel Review of 2020.

The environment department has been run down over the last ten years. It has lost core capabilities as well as programs. The budget put $275 million over four years into strengthening corporate areas of the department.

This sounds like dull stuff, but it bodes well for building capacity to get things done. However, it’s impossible to tell how close this amount goes to enabling the department to do things it needs to be doing, like putting boots on the ground to deliver programs.

Environment is such a big agency now — covering climate and energy as well as biodiversity, water and heritage, that it’s impossible to cover everything here. So, I’ve picked just two topics of interest for a closer look, biodiversity and Indigenous heritage.

Endangered possum ‘on notice’

To illustrate just how low is the base from which the government is starting in this area, take Senator Rice’s attempts over 9 successive years to pin the government down on a credible recovery plan for the critically endangered Leadbeater’s Possum, the faunal emblem of Victoria.

Senator Rice pointed out that a 1997 recovery plan for the possum had expired in 2002 — 20 years ago. A draft replacement plan had not been sent to the Victorian government for comment until 2019; moreover, it remains a draft.

Officials assured Senator Rice that things had changed under the new government and that ‘we’ve really been asked to give this priority’. Unfortunately, however, the Threatened Species Scientific Committee had identified the need for further research as to exclusion zones for possums in forestry areas.

Apparently, funding had been identified and ‘we’d expect that the research would start quickly’. How long would it take? ‘We will be able to take on notice the exact timeframe’ said the official. ‘I’m not sure how long it needs to …’

Aargh! Leadbeater’s possum may be a particularly bad example, but it is by no means unique. Things are crook.

Modelling pathways to goals?

David Pocock is a new Independent Senator for the ACT. He displayed both a strong interest in environment and a good policy brain by asking about two government commitments, ‘no more species extinctions’ and its ‘30-by-30’ commitment (to have 30% of land and sea in reserve by 2030).

Had the government done its homework? Specifically, could the government deliver on these commitments with the $56 million p.a. it had allocated to threatened species, and the zero new funding it had allocated to the National Reserve System?

Senator Pocock pointed out that a recent academic study suggested that it would cost $1.7 billion p.a. just to save threatened species.

And another senator asked, had the government modelled the path to these goals?

‘Have you modelled this?’ has become something of an easy (but often valid) question in Estimates, asked mostly in relation to economic policies, but now it is being asked of environment policy.

For the record, no, the department had not modelled these outcomes.

The threatened species money was an election commitment — ie, the Labor Party came up with the amount while in Opposition, though we don’t know how, and Senators did not ask. So we remain in the dark about why $56 million p.a. is the right number.

On the 30 by 30, officials told the Committee that existing proposed reserves, including Indigenous Protected Areas, would get the government to 27%, leaving a 3% gap, unfunded but possibly met through no-cost additions, including Defence land (which, counter-intuitively, is often of high biodiversity quality) and State-owned land that they might be persuaded to place in reserve (presumably at their own cost of maintaining).

While modelling may not always be useful, we do need to move away from this kind of ‘a-wing-and-a-prayer’ approach.

Both major parties tend to announce modest yet very specific amounts for environment programs. The specificity implies that budgets have been carefully costed, while the modesty of the amounts involved often points to the opposite — that the calculations involved were probably based on a political calculus (‘this sounds credible’) rather than technical assessment of the costs of reaching the policy objective.

To be fair to the government, a target such as preventing threatened species loss can be delivered through multi-pronged approaches, including tighter regulation of development. Direct on-ground spending may be only one string to their bow.

The point remains however, that serious environmental policy needs to be taken more seriously than it is, and grounded in detailed strategy, fully and transparently costed.

Indigenous heritage

In 2020 Rio Tinto demolished, with state heritage approval, a 46,000-year-old Indigenous site at Juukan Gorge in the Pilbara. The site was probably of global cultural and archaeological significance. The outrage at this destruction was global; it was made worse by the fact that national safety net mechanisms to protect Indigenous heritage failed to trigger.

As part of its response to the resulting crisis, the previous government began a process of co-designing a new national First Nations’ cultural heritage regime.

The new government has allocated $14.7 million over the next four years to continue this process. Officials described an ongoing process of detailed consultation:

“It’s very much our intent to talk not only with bodies and representative bodies but actually with communities and community members in order to get feedback about, if we are going to have a structure or approach which potentially gives First Nations people and traditional owners a much greater role in decision-making about heritage protection, understanding their concerns and approaches around all of that.”

All of this is welcome, though decades overdue and prompted by an unmitigated and avoidable disaster.

As an indication of the long-term neglect of this area, one of the national safety net laws, enacted in 1984, was intended to be interim, and included that word in its title to make this clear. The Act was amended several years later — not to insert a permanent mechanism but to remove the word ‘interim’!

Also welcome is the attention the government is giving to include sites with significant Indigenous heritage values in its World Heritage program, with nominations under development for sites in Cape York, the West Kimberley, and Murujuga (also known as the Burrup Peninsula in the Pilbara, the site of over a million ancient petroglyphs of unknown origin.)

A small down payment

The Indigenous heritage processes in train are a rare example of good news in the environment portfolio.

On biodiversity, I think we could say that the new government has made a small down payment, but on a veritable mountain of environmental debt. The repayment schedule will be taxing and stretches out into the far distant future …

As to the rest, it’s a case of ‘watch this space’. Officials told Senators that the government was on track to announce its promised overhaul of national environmental law by Christmas and to legislate next year.

Here’s hoping the reforms are bold and innovative, because as Prince (now King) Charles has pointed out, we’ve been drinking in the Last Chance Saloon.

Banner image: “So, I see the Australian Government is back in the business of resourcing environmental management. I’ll believe it when I see the outcomes.” (Image by David Salt)

A resilient world is built on humility

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By David Salt

What helps keep a system resilient?

Of course, it depends on context, and everyone brings their own definitions to the party when answering this question. Which means you seldom find two people that will give you the same answer.

Yet, obviously, it’s a pretty important question.

Nine attributes

Towards the end of writing the book Resilience Thinking with Brian Walker, we asked many of the world’s most preeminent resilience scholars (including Buzz Holling) what they thought were the key lessons emerging from resilience science. They responded with a wide variety of answers, both in terms of length of response and areas covered. Even resilience experts vary in what they think is most important about the topic.

We didn’t have room in the book to reprint their responses so instead we attempted to distill their thoughts into a list of nine attributes of a resilient world. In summary, those attributes are:

1. Protect diversity: A resilient world promotes and sustains diversity in all forms (biological, landscape, social and economic).

2. Respect ecological variability: Resilience is about embracing and working with ecological variability, rather than attempting to control and reduce it.

3. Manage with modularity: Resilient systems consist of modular components. Failure in one component doesn’t collapse the system.

4. Acknowledge slow variables: There needs to be a focus on the controlling (often slowly changing) variables associated with thresholds.

5. Govern with appropriate feedbacks: A resilient world possesses tight feedbacks (but not too tight). Are the signals from cost/benefit feedbacks loosening?

6. Cultivate social capital: This is about promoting trust, well developed social networks and effective leadership.

7. Promote innovation: Resilience places an emphasis on learning, experimentation, locally developed rules and embracing change.

8. Govern with overlap: A resilient world would have institutions that include ‘redundancy’ in their governance structures, including a mix of common and private property with overlapping access rights.

9. Incorporate ecosystem services: A resilient world includes all the unpriced ecosystem services in development proposals and assessments.

It’s a good list (I’d even suggest a great list) though, of course, each attribute requires a lot of unpacking, explaining and illustration with examples (though, it did appear at the end of our book so readers who got this far were already in the frame).

But why only nine?

This was Brian’s idea: ‘Let’s set out nine attributes, one short of the biblical ten, and invite readers to suggest what attribute they would add to our list to complete it.’

I thought it was a dumb idea because a. I didn’t think we’d get much response (this was a science textbook after all), b. I suspected every reader would have their own idea (‘a resilient world would have lots of cats…’) and we’d just get a long list of pet thoughts with no emergent consistency; and c. what’s the point, how would we provide feedback to readers? This was a book afterall, not a monthly magazine.

The tenth (and 11th) attribute

As it turned out, I was wrong on all counts (hats off to you, Brian).

We received many hundreds of suggestions; most of them thoughtful, well considered and articulate.

And, while there was an enormous variety in the ideas being put forward (and no suggestion that cats would make for a more resilient world), there were clearly four themes constantly coming to the fore: democratization, fairness, learning and humility.

And, while we hadn’t planned on a follow-up book back when Resilience Thinking came out, it became apparent a few years later that people wanted more information on how resilience thinking can be implemented. Consequently, we wrote Resilience Practice, and included a discussion on the feedback we had received from readers of Resilience Thinking at the end.

Indeed, we added fairness and humility to our list of nine. Actually, we felt that the themes of democratization, fairness, learning and humility were all implicit to varying degrees in our original list of nine attributes. Our readers, however, obviously felt that equity and humility needed to be acknowledged explicitly; so we did. Here are the added two attributes to round off our list:

10. Enshrine fairness & equity: A (desirable) resilient world would acknowledge notions of equality among people, encourage democratization so that everyone has a say, a sense of agency, and promote the notion and practice of ‘fair trade’. These attributes would encourage diversity, innovation, collaboration and effective feedbacks while promoting higher levels of social capital.

11. Exercise humility: A resilient world would acknowledge our dependence on the ecosystems that support us, allow us to appreciate the limits of our mastery, accept we have much to learn, and ensure our people are well educated about resilience and our interconnection with the biosphere.

No panacea

Even if we adopted these 11 attributes as goals (even if we achieved them) there’s no guarantee that we will side step the looming shocks and changes currently facing our planet. However, a resilient world will be better placed come what may.

Which brings me to the end of this series of (relatively) ad hoc reflections on resilience thinking, what it is and why it’s worth knowing about. I’m not suggesting it will save the world; but I am certain it will provide new insights on the nature of the challenges facing us and why the complexity of the world makes these challenges so wicked. And, indeed, if we as a society are not prepared to acknowledge the complexity that lies at the heart of the challenge of sustainability, there is little hope of us meeting that challenge.

If you enjoyed this blog and would like to read any of my earlier pieces on resilience thinking, here’s a list of topics with links:

Why can’t we fix this? Because it’s complex
Introducing the notion that ‘complexity’ lies at the heart of our big challenges

Solving sustainability – It’s complicated AND complex. Do you know the difference?
‘Complexity 101’, complex is different to being complicated but most people mix them up

Thinking resilience – navigating a complex world
Ideas about resilience comes from many areas, most them are about working with complexity

The myth of the optimal state: adaptive cycles and the birth of resilience thinking
Buzz Holling and collapsing spruce forests. More control just made it worse

The perils of command and control and the pathology of Natural Resource Management
How the belief of mastery, blind application of efficiency and vested interests leads to a decline in a system’s resilience

On identity, complexity and a ‘little’ fossil fuel project off the West Australian coast
The identity of a system drives decision making above and beyond rationality

Death of the Queen, identity and a sustainable world
Thinking of ‘the Crown’ as a complex adaptive system (RIP Queen Elizabeth II)

Losing it – the consequences of stepping over the threshold
When a system crosses a threshold, it loses its identity

To be or not to be? It’s really a question about whether we adapt or transform
Adaptation and transformation, two important concepts in resilience thinking that most people use interchangeably without much thought

Resilience – the good, the bad and the ugly
Resilience thinking is almost always inspirational, but it’s also ambiguous and politicians love hiding behind it

Banner image: Maybe if Moses had shown a little more humility, the 10 Commandments might have been a tad more resilient. (Image by Jeff Jacobs from Pixabay)

Simplicity, harmony and the third transformation

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By Peter Burnett

My recent blogs have argued that there are five transformations implicit in Professor Graeme Samuels review of national environmental law, to which the Albanese government is about to respond.* The first transformation was to be driven by environmental outcomes rather than processes, while the second was to take Indigenous knowledge and values seriously.

Today I write about the third transformation, which is to simplify the processes of environmental regulation and harmonise regulatory outcomes between federal and state systems.

No more picking cherries

Proposals for regulatory streamlining, and for the alignment of federal and state environmental assessment laws, have been floated at various times over the last 30 years. Yet this goal remains elusive. Most recently, the Morrison government tried to pass streamlining amendments to the EPBC Act, but failed in the Senate.

The problem with the former Prime Minister’s proposals was that he picked the cherries (as he would have seen them) from the reforms proposed by Professor Samuel and pushed the other reforms out into the never-never. One of the messages from the (previous) Senate was that a majority of Senators wanted action that was comprehensive, not piecemeal.

Morrison’s reforms were dressed up as streamlining; however, they were better described as a devolution of responsibility from the Commonwealth to the states. Vacating the field is not a solution to duplication (at least, not here).

To my observation, the former Prime Minister didn’t have an environmental bone in his body. I’m convinced that he wanted to achieve ‘single touch’ approvals by simply extracting the Federal government from environmental decision-making as far as possible, rather than by negotiating a genuine compatability of different systems.

Officially, maintenance of environmental standards was part of the deal. In practice, it was a hollow promise: Morrison’s initial set of draft ‘standards’ were just a collection of process-based words taken from the existing law. They would have guaranteed nothing in terms of outcomes.

Easy as 1, 2, 3 …

In contrast, Graeme Samuel recommended a harmonising of both environmental processes and outcomes between federal and state jurisdictions. This is a much more ambitious proposal, although it’s easy enough to summarise.

In effect, Samuel wants to transform not just federal environmental regulation, but state regulation as well. His template is easy as 1, 2, 3:

  1. Develop national standards for ecologically sustainable outcomes and give these standards shape locally through regional environmental plans
  2. Build a leading edge, risk-based decision-making system, including comprehensive environmental information, extensive policy guidance, streamlined processes and strong quality control
  3. Accredit states to take most of the decisions, which should be easy because everyone will be singing from the same song-sheet!

But in practice …

Step 2 is perhaps the easiest of a difficult bunch. With enough time and money, information systems can be built, processes automated, helpful policy guidance prepared, and so on. All this would speed up decision-making but alone it doesn’t remove duplication or guarantee improved environmental outcomes.

It’s the harmonised standards that holds the most potential. If the standards were sufficiently high to stop environmental decline and the environmental planning processes met the standards, the feds really could accredit the states and then drop back to a ‘trust but verify’ brief.

The major challenge lies with securing the necessary genuine federal-state partnership to deliver on this ambition. The underlying problem is that, constitutionally, Federal and state environmental responsibilities overlap and, with the possible exception of the Morrison proposals above, neither side wants to play second fiddle to the other.

At first glance, the states are responsible for managing the major components of the environment — land, water and air.

However, environmental problems have been recognised increasingly over the last 50 years as ubiquitous and broad-scale — often national, sometimes global. As the pioneering ecologist Barry Commoner put it in the 1970s, ‘everything’s connected to everything else.’

Federal responsibilities for international matters, along with the federal government’s ability to use non-environmental powers such as its power to regulate corporations, have enabled the Commonwealth to deal with concerns such as the extinction of species, by overlaying State land-management responsibilities with internationally- and nationally-driven policy imperatives.

In response, the states have pushed back against what they see as creeping federal control, and continue to do so.

Another problem is that although Samuel’s proposed national standards are, on their face, for federally-protected matters only, if the states were to sign up to them to secure federal accreditation, it would be hard for them to apply lower standards to the rest of the environment.

To adapt Alfred Deakin’s famous 1902 prophecy about Commonwealth dominance in fiscal matters, the states could find themselves, ‘legally free but environmentally bound to the chariot wheels of the central government’.

Hardly a recipe for success, is it?

Yet I think Samuel’s policy prescriptions are the right ones. The threats posed by environmental degradation operate at landscape, if not global, scale and are, ultimately, existential, as is becoming increasingly obvious as more and more ordinary Australians feel the impacts of extraordinary natural disasters.

And the solution is …

We simply have to find a way to unravel this impossibly-intricate Gordian knot of a problem. These problems are wicked enough without adding inconsistent and even conflicting regulation to the mix.

Tradition has it that Alexander the Great solved the problem by drawing his sword and cutting the knot. Might Tanya Plibersek turn out to be a modern Alexander?

Stay tuned for my own Alexander-like solution in a forthcoming blog.

* Independent Review of the Environment Protection and Biodiversity Conservation (EPBC) Act, 2020.

Banner image: So much complexity, so much variation in the manner in which the federal government and state governments regulate the environment. What would it take to wipe the slate clean and start afresh? (Image by David Salt)

Resilience – the good, the bad and the ugly

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By David Salt

Some 17 years ago a former boss of mine, Dr Brian Walker, approached me to write a book with him that made the science of resilience more understandable and engaging. That text, Resilience Thinking(Island Press, 2006), would become one of the first widely read, popular science books on the subject of ecological resilience. In my humble opinion, Resilience Thinking played an important role in bringing the ideas around resilience into the mainstream, raising the very notion of ‘resilience’ to the status of being a buzzword (with all the good and bad that comes with this).

At the time that Brian approached me I knew little about resilience science (and I was also ignorant about Brian being one of the world’s leading researchers in this field; I knew him as the ridiculously overworked Chief of CSIRO Wildlife and Ecology, where I had been his Communications Manager). When he asked me to co-author a book with him, a few years after this, I was a freelancer. Indeed, I was an ageing freelance science writer that was growing increasingly cynical about ‘science being the answer’ to the world’s growing sustainability challenge.

When Brian began explaining what resilience thinking was my first thought was ‘it’s just another bit of tricky science that will supposedly boost efficiency and save us all, while we dig the planet into an even deeper hole’, just like many of the other ‘breakthroughs’ I had covered and promoted over the years.

Well, I was quite wrong about this. By the time I had finished writing Resilience Thinking, I looked at the world anew. Things that had befuddled me in the past, now made sense. I looked at the world with different eyes and became a proselytiser for the cause. It really was an epiphany; so much so that I would go on to write a second book with Brian (Resilience Practice, Island Press 2012), numerous articles on the theme, and lecture on the topic.

Though, I should be careful using the world ‘proselytise’ because resilience thinking has been criticised by some as looking like a religion (it’s not, it’s an ever-developing science with all the peer review and validation that comes with that) with adherents that sometimes come across as acolytes (God, I hope I don’t sound like one). Because, for all the value and insight that comes with resilience thinking, it has collected some unfortunate baggage along the way. But let’s begin with the positives.

The good

When I finished writing Resilience Thinking I suddenly realised that while we used the word ‘resilience’, the book was actually a guidebook to ‘complexity’ (and complex adaptative systems). Though I had written about complexity in the past, this was the first time the concepts wrapped up under the cloak of complexity came together and made sense.

The world is a complex system operating at multiple linked scales. I am a complex system, so is my family, my region, my country; all these systems are linked in lesser or greater ways; all are constrained by their histories to some extent; will change over time (adaptive cycles); are capable of self-organisation in the face of disturbance and have the capacity to sustain their identities (resilience), but only up to a certain point (thresholds) beyond which they take on new ways of being.

When these insights are applied to the world around me, I realise, in a very fundamental way, that my big problem with the world is that I always expect that things (events, people, history) to be rational (that people always act rationally, for example) when in fact they are complex (and often irrational). Rationality is just our way of simplifying things, of dealing with the uncertainty that goes hand in hand with complexity. It’s a great approach in the short term but brings wretched results in the longer term as the complex systems around us self-organise around our efforts to optimise, simplify and hold things steady.

Attempting to explain ‘resilience thinking’ to others gave me a framework that explained for me why optimisation is such a flawed model (maybe ‘partial’ or ‘incomplete’ are better adjectives here) to move us towards ‘being sustainable’; why ‘efficiency’, while being important, is never the answer to long term sustainability; why ‘stability’ is a myth and attempts to hold things steady actually reduces a system’s resilience. These and many other epiphanies became clear as I applied the insights from resilience thinking to systems around me.

So, I would say that, for me, ‘resilience thinking’ is jam packed with inspiration and insight about the world around me. Possibly more important, however, I am aware of many readers of Resilience Thinking who came away with their own epiphanies about their own systems of interest.

When people begin considering the complexity of their own system(s) (looking for thresholds, seeing adaptive cycles, reflecting on where their sources of resilience might lie) they too begin to see the world in a different way, and are excited by the insights that pop up.

The bad

Unfortunately, descriptions of ‘complexity’ become very complicated all too quickly (though please don’t confuse these terms). It takes time (and some patience) to absorb ‘resilience thinking’. And, like complexity itself, resilience thinking is not a linear process in which you read ‘the formula’ press a button and the answer is delivered (‘the answer to your question on resilience is 43’).

Resilience thinking is more of a culture in which stakeholders in a system investigate their system, assess different facets of its resilience (where are the thresholds, what is its space of safe operation; where does it sit in the adaptative cycle, what are the system’s levels of adaptability and transformability, and so on), decide on a course of action, monitor and adapt around that decision; and then iteratively go through that process (compile, assess, act) again and again; learning, adapting, experimenting and transforming as you go.

That’s all good and well, and it’s what we should all be doing all the time, but managers, decision makers and policy people need simpler and linear processes to inform their actions and decisions. Resilience thinking is sometimes seen as ‘nice (if time and resources are unlimited) but unhelpful (in the real world)’ when it comes to getting on with things.

Also, many of the insights emerging from the application of resilience thinking are quite dependent on a particular context and may not hold in a different context. On top of this (and maybe because of this), one person’s insights often vary from the insights another person finds when applying resilience thinking.

Some people have accused resilience thinking of being somewhat vague. Others have even suggested that this is deliberate and even important when it comes to framing complexity. One philosopher asked: “Does resilience exhibit conceptual vagueness, and, if so, is that beneficial? Can looseness in concepts and meanings lend itself to shedding light on unsolved problems? While resilience research has established that redundancy is an asset for complex adaptive systems, does a similar finding also hold for conceptual frameworks?”

All of which is to say is that while resilience thinking can be inspirational, it can also be problematic in its implementation.

And the ugly

While acknowledging this, I do believe it’s an important first step in re-evaluating our failing approach to sustainability (an approach largely based on simplistic linear thinking, technology and efficiency).

I’m happy to acknowledge the good with the bad. Where I get extremely frustrated, however, is where political leaders and corporate spin masters see ‘resilience’ as an opportunity to claim action while actually doing nothing (or continuing with their environmentally damaging activity).

Our last national conservative government claimed they were building a ‘resilient’ Great Barrier Reef while subsidising and expanding the country’s fossil fuel sector. (Our new national government appears to be doing much the same.) Carbon emissions are killing our Reef.

In a similar vein, one of Australia’s biggest companies, BHP, co-funded the Australian Coral Reef Resilience initiative to protect the ‘resilience’ of the reef while continuing to expand their fossil fuel pollution.

When climate-charged wildfires tore apart coastal communities along New South Wales (NSW) coastline in 2019/20 (our Black Summer), the NSW Government created a new overarching recovery agency called Resilience NSW (because who can have enough resilience, and the NSW government is there to provide it). Two years later and instead of fires, unprecedented floods devasted NSW coastal communities. A government enquiry found that Resilience NSW (an agency that hadn’t even found its feet) had failed and should be abolished.

These are just a few local examples where the ideas of resilience are inappropriately used (and abused). This happens everywhere. The problem here is that resilience is complex, most people don’t have the opportunity to have a deep engagement with it, and politicians are quick to exploit that ignorance; in the first place to hide behind it, in the next to use it as the scapegoat.

In a rational linear world, they wouldn’t get away with this. But, of course, we don’t live in a rational world, do we?

Banner image: Resilience thinking is about people, landscapes, society, ecosystems and complexity. Depending on how it is applied it can be good, bad or ugly. (Image by David Salt)

Taking Indigenous knowledge and values seriously: The second transformation of national environmental law

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By Peter Burnett

In an earlier blog I argued that Professor Graeme Samuel’s 2020 review of the EPBC Act amounted to a call for five transformations in national environmental law. Last time I wrote about transforming a system that is focused on process to a focus on outcomes. Today I write about the second transformation.

Something really struck me about Anthony Albanese’s election-night victory speech last May. After the usual ‘humbled by victory’ thank you, and the standard ‘bring Australians together’ call for unity, Albanese launched into what sounded like the passionate policy speech he had wanted to give all along, but couldn’t, because of Labor’s ‘small policy target’ strategy.

Warming up as he tripped across our future as a ‘renewable energy superpower’ and a more ‘just society’, Albanese reached full voice with:

And together we can embrace the Uluru Statement from the Heart. We can answer its patient, gracious call for a voice enshrined in our constitution. Because all of us ought to be proud that amongst our great multicultural society we count the oldest living continuous culture in the world.

After the frustrations of weeks of restrained ‘don’t frighten the horses’ language (central to their election campaign), it was a relief to hear this leadership.

I also felt that the ground had shifted. Just as the election of the ‘Teal’ independents expressed our national desire, finally, to address climate change properly, Albanese’s confident commitment to the 2017 Uluru Statement marks, in my opinion, our desire to take the next major step towards reconciliation with our First Nations people.

When the ground shifts, everything moves

The implications of this commitment don’t stop with a referendum on an Indigenous ‘voice’ to Parliament. Or even with the other elements of the Uluru statement, truth-telling and treaty.

With Rio Tinto’s 2020 destruction of the Juukan Gorge caves still fresh in many memories (an act done with the ‘consent’ of the Traditional Owners), Graeme Samuel’s strong criticism of Indigenous tokenism in his review of the EPBC Act, and his implicit call for a transformation in environmental policy to take Indigenous knowledge and values seriously, now feel mainstream.

Mainstream such sentiments might now be, but integrating them into our national environmental law is still complicated and challenging.

Providing for ‘respectful consideration of Indigenous views and knowledge’ will take time and investment. Indigenous knowledge doesn’t grow on trees and respectful engagement will have to move at a pace with which Indigenous people are comfortable.

It is the same with our Indigenous heritage protection laws, which don’t just need to protect Indigenous values and set national standards, but fully resourced; and that includes building capacity for extensive and respectful engagement.

This is where the 2020 Juukan Gorge disaster showed up major weaknesses in the existing system. The caves in the gorge were probably eligible for protection under a National Heritage listing, but no-one had nominated them.

There was also a safety net: an old and supposedly temporary law from the 1980s allowed the environment minister to issue an Aboriginal heritage protection order, provided the place was under threat. But when lawyers for the Traditional Owners called the minister’s office about invoking that law to save the Juukan Gorge caves, the minister’s staff failed to put them onto the right officials.

So, no application was made.

We can’t let important values fall through the cracks because we were waiting for Indigenous people to fill-out a white-culture nomination form, or because someone rang the ‘wrong’ phone number.

Finally, Samuel recommended a move to true joint management of federal national parks on Indigenous land, such as Uluru-Kata Tjuta. Again, this will require significant capacity building. As he put it, ‘the magnitude and significance of a transition to greater decision-making for Traditional Owners should not be underestimated.’

It doesn’t stop with EPBC

Taking Indigenous knowledge and values seriously in environmental policy is not limited to the transformation recommended by Professor Samuel under the EPBC Act.

Now we need to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

When UNDRIP was first adopted by the UN in 2007, Australia was one of only four countries to vote against it. Thankfully, we reversed our position only two years later.

Now, belatedly, a parliamentary committee has started looking at UNDRIP’s domestic application.

This declaration raises a lot of issues, but I’ll zero-in on the clause that links most strongly with the EPBC Act.

Article 32 states that Indigenous peoples have the right to control development or use of their lands and other resources. Specifically, for development projects such as mines or roads, it requires governments to:

consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources. [Emphasis added]

The implication is that, in addition to the respectful engagement proposed by Professor Samuel, Traditional Owners should have a right to veto developments.

The brings in the Native Title Act, which gives native title holders a ‘right to negotiate’ but not a veto.

This Act is complex but, in general, if negotiations over, say, a proposed mine, are unsuccessful, the matter will go to arbitration. In theory, an arbitrator such as the Native Title Tribunal could stop a mine from going ahead, but the more likely outcome is that development will proceed under conditions, which might include negotiated compensation.

Where is all this going?

The Indigenous affairs agenda for 2023 is looking packed.

In addition to the referendum on the Voice to Parliament, the government’s environmental package based on the Samuel Review will, hopefully, transform environmental law concerning Indigenous knowledge and values, as Samuel recommended.

We may even see a change to the Native Title Act to give native title holders the right to veto proposed developments.

These reforms are not just politically ambitious, but resource-intensive. The political passion the Prime Minister displayed on election night will need to extend to opening the national wallet!

Banner image: Kata Tjuta in the Northern Territory. Graeme Samuel recommended a move to true joint management of federal national parks on Indigenous land. (Image by sgrabus from Pixabay)

To be or not to be? It’s really a question about whether we adapt or transform

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By David Salt

To my mind, the word ‘transform’ is one of the most over used and abused words in the realm of sustainability scholarship and policy. It’s up there with the terms ‘resilience’ and ‘sustainability’, all of which have been rolled out so many times for so many mixed purposes that they have become panchrestrons (a fancy way of saying ‘buzz word’; a panchreston is an explanation that is used in so many different cases that it becomes almost meaningless).

The word itself seems harmless; ‘transform’ simply means to change into something else. In common parlance, however, it’s rolled out whenever someone wants to emphasise that the change we need has to be BIG! We’re not talking minor refinement or incremental reform here, we’re talking TRANSFORMATION! And this is problematic for several reasons. Consider this example.

Transformative change

In 2019, following the most comprehensive assessment of its kind, IPBES (the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services) announced 1,000,000 species have been identified as threatened with extinction and that the rate of species extinction is accelerating. What do you do in the face of such alarming news? IPBES called for ‘transformative change’; and by that they meant a “fundamental, system-wide reorganization across technological, economic and social factors, including paradigms, goals and values.”

At the time I was sceptical anyone would listen because while no-one liked seeing biodiversity collapse, no government was going to introduce the wholesale changes being demanded. “The American way of life is not up for negotiation,” said President George Bush (Snr) at the 1992 Earth Summit in Rio, in a breathtakingly insular and cynical remark that all national leaders parrot in their own way.

This particular IPBES announcement in 2019 followed on decades of similar assessments saying much the same kind of thing (something I discussed here). Each time one of these biodiversity reports came out they were heralded with catchy, headline-seeking stats (‘a million species on the chopping block’), dire warnings (‘we’re heading for the abyss’) and demands for a new and even more ambitious set of policy targets (‘this time we must respond with BIG change’).

However, the IPBES announcement explicitly called for ‘transformation’ and even listed what that meant: “fundamental, system-wide reorganization across technological, economic and social factors, including paradigms, goals and values.” Now, I actually agree with everything IPBES is saying, but I disagree with the manner in which it was communicated. In some ways it’s pushing hyperbole to a new level, ‘the stakes are existential and the only solution is changing everything’. Predictably, the report got lots of media and disappeared without a trace. And biodiversity collapse continues at an accelerating pace.

What are we actually calling for?

Transformation IS big and very challenging. Be careful invoking it if you haven’t got a pathway for how it might be achieved because simply demanding it to happen can be less than useful.

Why is it so challenging? I think the school of resilience thinking has some useful ideas here. Indeed, the ideas of ‘transformation’ and ‘adaptation’ are central concepts in a resilience framing of the world.

The system you are interested in – be it a farm, a region, a forest or some other ecosystem – has its own identity (emerging from its structure, function and feedbacks). This system can absorb disturbance, self-organise, and still continue to sustain its identity up to a point. Push the system beyond this point, this threshold, and system loses its identity, it becomes something else.

Adaptation is about managing your system so that it holds onto its identity. It’s about stopping it from crossing a threshold or, if it does cross one, moving it back across to restore that identity (engineer a crossing to get back into a desired regime). It might even involve moving thresholds to create a larger ‘safe-operating space’.

Transformation is about creating a new and different system, to create a new way of making a living. An example comes from South Eastern Zimbabwe where, in the 1980s, ranchers transformed their cattle ranches to game hunting and safari parks when the livestock industry proved unviable.

Transformation is hard as the existing system has a lot of inertia and sunk investment. Fossil fuel companies have long resisted the growth of renewable energy; neoliberalism will defend itself to the death as will autocratic dictatorships. Or, if you want to look at a smaller scale, a farm or business or even a golf club, will take a lot of persuading to transform their enterprise into something quite different because their identity is central to their very existence (and each system has made long-term investments in staying as they are).

Transformative capacity

For transformation to occur, resilience thinking says there are three important factors needed. The first is to get beyond denial. The ‘rule of holes’ is to stop digging when you realise you’re trapped in one. If your farm, business, golf club or energy sector is not sustainable in a changing climate-ravaged world then you need to acknowledge it and accept your existing ‘identity’ might have to transform.

However, even if you accept the need for transformation, what are you going to ‘transform’ to? The second factor is the ability to explore options for transformation. A resilient society is one that encourages experimentation in order to explore options.

And, if an experiment works (if, for example, the golf club works better as a multi-function community centre producing food), the third factor needed for transformation is a capacity to upscale the successful experiment so it becomes the norm everywhere.

These three factors add up to transformative capacity, and each presents major challenges for the managers of the system. Which is why calls for transformation are often made but rarely result in anything happening at all; it’s just too difficult.

To be or not to be…

What happens instead is resistance and denial (think of 50 years of climate wars), and token efforts at adaptation (think announcements of the latest techno gadget that will improve efficiency by X%). Because, at the end of the day, no national leader is going to suggest that the identity of their country (or the many electorally important sectors that have traditionally been the strength of that country) should be transformed into something else. What they will say, instead, is that by making the existing system work better (grow faster, be more efficient, etc) we can solve the mounting challenges that confront us (thereby breaking the ‘first rule of holes’).

So, when IPBES called for ‘transformative change’ to meet the challenge of collapsing biodiversity, I say ‘good luck to them’. However, without an honest engagement with what it is they are proposing when they invoke ‘transformation’, a systems approach, I can’t see anything changing (and so far I’m right).

Adapt or transform is a pretty big choice*, it’s as fundamental as the Hamlet’s reflection with ‘to be or not to be’; because it’s all about the essence of the system we care about, its identity.

* Should you adapt or transform? Actually, it’s not a binary choice. On the surface, it may appear there’s a tension between adapting and transforming. But the tension is resolved when you consider the system at multiple scales, because making the system resilient at a regional scale, for example, may require transformational changes at lower scales. Adapting and transforming are actually complementary processes, and adaptability and transformability are complementary attributes of a resilient system.

Banner image: “So, what do you reckon, Yorick. Should we adapt or transform?” (Sarah Bernhardt as Hamlet, with Yorick’s skull; photographer: James Lafayette. Image by WikiImages from Pixabay)

Getting results: the first transformation of our national environmental law starts with ‘standards’

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By Peter Burnett

‘All that’s gold does not glitter’.

So opens the poem that Bilbo Baggins, a Hobbit, wrote to his cousin Frodo, the hero of Tolkien’s Lord of the Rings.

In my last blog I argued that, underlying the definitely non-glittering recommendations of the Samuel Review of Australia’s main national environmental law, the Environment Protection and Biodiversity Conservation (EPBC) Act, lay policy gold, a call for five major transformations in law and policy.

The first of these was to shift from a regulatory regime that was prescriptive and focussed on processes, to one built around the setting and pursuing of national environmental outcomes.

In doing so we would get away from our current ‘box-ticking’ approach to regulation, under which decision-makers (typically the environment minister) consider various factors such as biodiversity loss and the precautionary principle but, at the end of the day, decide pretty much anything they want to.

The main driver of this shift in Professor Samuel’s recommended reforms is the creation of statutory ‘national environmental standards.’

Standards both old and new

We are already used to environmental standards in dealing with certain issues. We have, for example, had standards for ambient air quality and contaminated site remediation for decades.

But we have gone down a different track with nature conservation. Early battles focused on saving precious places from development and indeed the environment movement in Australia was built on some of these, such as the (unsuccessful) fight to save Lake Pedder in the 1970s and the (successful) fight to save the Franklin River in the 1980s.

These were more battles of the heart than the head.

Things shifted in the 1990s. Under the banner of ‘sustainable development’, or, in Australia, ‘Ecologically Sustainable Development’ (ESD), we became more focused on conserving entire landscapes and ecosystems.

But we struggled to pin down exactly what we were trying to achieve. Unable to answer the question, ‘how much environment is enough?’, something we could have worked out if we had done enough science and environmental monitoring, we defaulted to a legalistic approach in which we asked decision-makers to ‘consider’ or ‘have regard to’ certain principles such as precaution or intergenerational equity.

The trouble with such principles is that they are too general to serve as standards and instead become ‘mandatory considerations’ in discretionary decision-making (ie, boxes to be ticked).

The only real limit on this discretion-based decision-making is the ability of the courts to strike down a truly egregious decision on grounds of ‘irrationally’.

The first transformation

Discretionary, bottom-up decision-making is no way to achieve a consistent and ecologically sustainable outcome. Professor Samuel therefore recommended flipping the system on its head: spell out what an ecologically sustainable environment looks like, partly through National Environmental Standards and partly through a comprehensive environmental planning regime, and then require that individual development decisions comply with these standards and plans.

Although transformative, this change seems straight-forward enough; why haven’t we been doing this all along?

One reason is ‘path dependency’. Because many conservation problems first emerged as place-based or issue-specific concerns, we started dealing with them on a reactive, case-by-case basis. This is how our system deals with most issues, environmental or otherwise. As such it was as comfortable as a pair of old slippers — and in we slipped.

Another reason is that we haven’t had the comprehensive environmental information or the deep ecological understanding we needed to draw a line between harm that ecosystems can absorb without losing their identity (resilience), and harm that they cannot absorb. We still can’t do that precisely, although technology and good science have brought us a long way.

More significantly, it is only now that most members of the political class, and indeed a majority in society, are coming to understand and accept that if we don’t act soon, it may be too late.

What would these standards look like?

If standards are central to halting environmental decline, what would they look like? Well, the devil is in the detail, but Professor Samuel included some draft standards in his report, so I’ll use elements of the threatened species standard to give you a brief taste.

In part, this draft standard just repeats some existing formulae, for example that approved developments should not be ‘inconsistent with’ relevant recovery plans.

On the other hand, it also introduces new requirements. One of these is that decisions must take cumulative impacts into account. Another is that decisions must avoid adverse impacts to critical habitat and ensure ‘no net reduction’ of critical habitat.

Note the use of the word ‘net’, which implies that environmental offsets could be used.

So, would they work?

My general view is that Samuel’s draft standards would deliver significant marginal gains, but are not worded tightly enough to halt further major environmental decline.

Just looking at the examples above, I think the following changes (and complementary measures) are needed to make the standard strong enough to halt decline:

  • it is not enough that developments ‘not be inconsistent with’ recovery plans — they need to comply with plans; moreover, the plans themselves must spell things out with much greater precision than existing plans, eg by mapping critical habitat to be protected
  • taking cumulative impacts into account is a significant advance, but doing so requires a major national exercise in gathering and maintaining environmental data over time
  • if a species is to recover, decision-makers must not approve impacts to critical habitat, rather than simply ‘avoiding’ them
  • further, if there is to be ‘no net reduction’ in critical habitat, then offset rules would have to be so stringent that I doubt whether they can be met in practice, which probably means that the word ‘net’ should go from this requirement.

And will standards become reality?

Having National Environmental Standards would be truly transformative for environmental decision-making and in my view they could indeed be policy gold, as long as we get the detail right.

By the same token, standards lack lustre for a reason. As you can see from these brief examples, formulating the right words of protection is not that hard. The real challenge is to build political support for the tough decisions that strong standards imply.

Banner image: Good clear environmental standards could provide a pathway to transform our national environmental law into something that makes a real difference. (Image by David Salt)

Losing it – the consequences of stepping over the threshold

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By David Salt

In Australia, we called the horrible summer of 2019/20 the Black Summer. Unprecedented heat waves and drought led to the biggest, most ferocious, most extensive wildfires this nation had ever known.

I wonder what the world will call 2022? Once again that word ‘unprecedented’ gets rolled out to describe a series of heatwaves, extreme storms, massive floods and record-breaking droughts. This year these events were happening all over the world (and especially across Europe, Asia and America during the northern hemisphere summer). Will it be the ‘Angry Summer’ or the ‘Season of our Great Discontent’ or maybe just the year of ‘Climate Breakdown’. (At what point do we know it’s broken?)

Or maybe the climate disruption will just continue and even grow worse, as many climate scientists are predicting, and 2022 will be wilfully forgotten as we struggle to deal with each new emerging weather crisis.

The idea of normal

When describing abnormal events, unprecedented episodes or historic happenings, you need to have some idea about what ‘normal’ actually means. In some cases this is relatively straightforward.

We have temperature records, for example, that go back for at least a century so it’s easy to define ‘normal’ with statistical precision. Our temperature has ranged between X and Y, and there is a different average max and minimum value for each month of the year. This August was particularly hot for many regions in the northern hemisphere, so when you hear on the news that temperatures broke records, or were above average, you can appreciate just what is meant.

The more variables you bring in (precipitation, wind speed, humidity, wild storms etc), the harder it is to characterise what is normal. Of course, these variables are what add up to weather, and long-term average weather is what we call climate.

If the weather gets ugly, we normally console ourselves that we just need to survive this rough patch and at some point the weather will ‘return to normal’ – the rains will replenish the dams after the drought or calm will follow the big storm.

‘Return to normal’ is a form of equilibrium thinking. Your world gets rocked by some disturbance, your equilibrium is thrown out, but you do everything you can to bounce back, to return to normal.

Of course, I’m talking about the notion of resilience – the capacity to cope with disturbance and bounce back (the word ‘resilience’ derives from the Latin ‘resilire’, meaning ‘to jump back’ or ‘to recoil’).

What’s normal for a complex system

‘Resilience thinking’ is all about how this idea of ‘recovery’ applies to complex adaptive systems. Complex systems have the capacity to self-organise. Resilience is the amount of disturbance a system can absorb and still retain its identity, still continue to function in much the same kind of way.

In recent blogs I’ve attempted explain what complexity means, and how complex systems change over time, how they go through a pattern known as an adaptive cycle. The concept of adaptive cycles is one important building block of resilience thinking, the other is the idea of ‘thresholds’.

There are limits to how much a complex system can be changed and still recover. Beyond those limits the system functions differently because some critical feedback process has changed. These limits are known as thresholds.

When a complex system crosses a threshold it is said to have crossed into another ‘regime’ of the system (also called a ‘stability domain’ or ‘basin of attraction’). It now behaves in a different way – it has a different identity (or you might say it has lost its original identity).

In coral reefs there’s a threshold on the variable of the level of nutrients in the surrounding water. If nutrients become too high, the coral will be displaced by algae. The coral reef identity is lost, replaced by the identity of an algal reef.

On many rangelands there is a threshold on the amount of grass present. If the grass level falls below a certain level (because of too many grazing animals or a prolonged drought), shrubs begin to take over. The grassy rangeland identity is lost, replaced by a shrubland.

Sometimes it’s easy to cross back over to the identity you want, sometimes it’s difficult and sometimes it’s impossible.

Tipping points

In a recent blog I discussed how fossil fuel corporations are complex systems. The identity of this system is heavily influenced by quarterly profit statements; more so than any concern they might hold for longer term climate disruption. The levels of the profits in those quarterly statements likely has a threshold point, below which the fossil fuel corporation will likely change its business (eg, take on the identity of a renewables company, maybe) or shut down. Either way, crossing this threshold leads to a change of identity in this system. (Of course, what might put downward pressure on their profits is stronger government regulation or broader community rejection of the cost being imposed on society by the fossil fuel company.)

In my last blog I also said you could view the British Monarchy as being a complex system. Its identity hinges on public acceptance and support over time, something the late Queen Elizabeth II understood and worked with like a pro. Again, its likely a threshold point exists on this variable of public support, below which the Monarchy becomes vulnerable. QEII represented integrity, authenticity, stability and certainty. She had very high levels of social approval (social capital) that has ensured that the system of the Monarchy had resilience, even to the disturbance of her own death, and the Crown passed seamlessly to her son, now King Charles III. But imagine what might have happened if the Queen didn’t have that level of social capital. Or what happens if King Charles squanders that social capital? Smooth successions aren’t always the rule in the UK (or elsewhere), and many countries don’t need Queens (or Kings) to function.

Thresholds occur in many complex systems however they are often described as ‘tipping points’ where they occur in the social domain. In addition to the two examples I just discussed (profit levels and levels of public approval), tipping points might manifest as changes in fashion, voting patterns, riot behaviour, or markets.

Defining a safe operating space

So here is useful way of defining a system. Every system can be described in a variety of ways using a number of variables. The identity of the system can be characterised by an average range of those values. While kept in that range, the system will behave as you expect, be it a business, a monarchy, a coral reef or a rangeland. However, when the system passes a certain level on one of a number of key variables (eg, profit, popularity, nutrients, grass cover) – a threshold or tipping point – the system changes its identity and begins to behave differently (often in strange or undesirable ways).

Or, in other words, you can understand a system’s identity by knowing how much change it can take before that identity is lost, replaced by a different identity.

Not only are thresholds critical to understanding the behaviour of complex systems, they are the basic limits to whatever enterprise you’re responsible for or have an interest in. To use the phrase in a prominent analysis of global-scale thresholds (Rockstrom et al 2009), thresholds define the safe operating space of your system.

And how are we going in keeping our society in a safe operating space? Well, considering our experiences with the Black Summer of 2019 or the Angry Summer of 2022, not so well.

Climate and weather systems are complex systems too. Their current behaviour suggests they have been pushed over critical thresholds and their emerging identity is something quite new, quite destructive and terrible. Allowing the Earth system to cross these thresholds comes with an enormous cost to society, and will sorely test our own resilience as we cruise into an increasingly uncertain future.

Banner image: How much disturbance can your ‘system’ take before it loses its identity? It’s not just the intensity of a specific event (a single hurricane for example) that’s important, it’s also the frequency of such disturbances. The Great Barrier Reef can survive mass bleaching events if they only occur once every 20 years but it loses its ‘identity’ if they occur every few years (which is now what’s happening). (Image by David Mark from Pixabay)

Five transformations: Breathing life into Australia’s national environmental law

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By Peter Burnett

I often write in these blogs about Australia’s national environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). My excuse is that the EPBC Act is the most important environmental law in the country, but it doesn’t work. This is something we all should be worried about, and, as you’ve heard before, this is a piece of legislation that badly needs reform. Australia’s new federal government is making hopeful sounds here but, again as you’ve heard before, talk is cheap.

The job of reform is big, complex and challenging. However, if you reflect on the basic aims of what the EPBC Act was established to achieve, I think it’s possible to envisage a simple pathway forward. And that pathway involves five basic transformations on how the Act currently performs.

The story so far …

The new Australian government has promised to overhaul the EPBC Act and to establish a independent federal Environmental Protection Agency (EPA).

In pursuit of this reform, environment minister Tanya Plibersek has promised to respond to Professor Graeme Samuel’s 2020 review of the Act by the end of this year and to table proposed new laws in 2023.

Plibersek has hinted strongly that the government will follow Samuel’s recommendations, so that provides a clear starting point for discussion while we wait for the detail of the government’s plan.

From great green hope to great green flop

Looking back over the history of the EPBC Act — three years in development and 22 years in operation — it is clear that few of the high hopes held for the Act have been realised. While it expanded federal government involvement in environmental regulation significantly, the evidence suggests that the benefits of this have been marginal. Worse, when we look at the whole picture, the limited benefits achieved are partly offset by the resulting regulatory duplication.

The fundamental reason for this failure to deliver is not poor regulatory design, but gross under-implementation, mostly the result of under-resourcing and a lack of political will.

The EPBC Act can be seen as a three-legged stool on which most of one leg, dealing with environmental planning, is largely missing. (The other two legs protect the so-called ‘matters of national environmental significance’ and provide for environmental impact assessment.)

Most of the plans envisaged by the Act, and essential to its operational, are either vague in content, sitting unimplemented on the shelf, or simply not done.

Meanwhile, as Professor Samuel put it in his review, ‘Australia’s natural environment and iconic places are in an overall state of decline and are under increasing threat.’

What should we do about it?

The EPBC Act is highly complex. It is over 1,000 pages long and there are hundreds of pages of supporting regulations and determinations.

And the Act in turn sits within a complex set of roles, responsibilities, laws and agreements that govern the environment in Australia’s federal system.

Understanding the system is no mean thing, let alone fixing it. So, where to start?

When I went through Professor Samuel’s 38 recommendations, it struck me that he was calling for a complete transformation, in fact five of them. These are:

First, to change from prescriptive regulatory processes to setting and pursuing national environmental outcomes

  • the EPBC Act (and its state counterparts) focus on following due process, a ‘box ticking’ exercise that requires consideration of various factors such as biodiversity loss and the precautionary principle but, at the end of the day, allows governments to decide pretty much anything they like

Second, to shift from Indigenous tokenism to full use of Indigenous knowledge and a full recognition of Indigenous values

  • Samuel was highly critical of the tokenism of current arrangements, while recent events, especially the Juukan Gorge disaster in 2020, have generated considerable impetus for change

Third, to simplify regulatory processes and harmonise environmental processes and outcomes between federal and state jurisdictions

  • this isn’t just about ‘streamlining’ which has become almost a cliché, but a call for harmonisation of processes and outcomes across the nation

Fourth, to lay new foundations for quality decision-making

  • many of the foundations of the current system are either significantly under-done (eg environmental information, compliance and enforcement) or not done at all (eg bioregional planning across the continent)

Fifth, to restore trust in decision-making

  • damningly, Samuel found that none of the key stakeholder groups — business, environment groups and the wider community — trusted the current arrangements.

The reform process going forward

I’ll take a closer look at each transformation in a series of blogs over the next two months, in the lead up to Tanya Plibersek’s response to Samuel.

The reform debate will last right through 2023 and into 2024, as, once the response is on the table, there’s a large reform Bill to draft and an extended Parliamentary process to navigate as Plibersek seeks to shepherd her reforms through a Senate in which the balance of power, for the first time, lies with a cross-bench that is tinged a fairly dark shade of green.

Among other things, she will have to deal with very strong pressure to extend the EPBC Act by including a ‘climate trigger’.

My aim in the lead-up to that debate is to offer some points of focus in a discussion that always risks getting lost in its own complexity. (If you prefer to watch rather than read, I presented these transformations in a Parliamentary Library Seminar on 30 August.)

The problem is enormous and policy ambition needs to be high — bring on the reform!

Banner image: The job of reform is big, complex and challenging. However, it’s possible to envisage a simple pathway forward involving five basic transformations. (Image by David Salt)

Death of the Queen, identity and a sustainable world

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By David Salt

The Queen is dead, long live the King. Okay, we’ve said it, can we now please return to normal transmission*!

On the announcement of the death of Queen Elizabeth the 2nd, Australia sunk into a blackhole of mourning (described by some in the twitterverse as ‘mourn porn’). All news bulletins and national programming seemed only to talk about her passing, how good she’d been, and the 1,000 tiny (tedious) steps of what happens now as her son becomes King. We suspended parliamentary business for a staggering 15 days and declared a public holiday that, because of its suddenness, some believe may cost our economy over a billion dollars. All of this in a country on the other side of the planet from where she had lived, with a population whose majority want us to ditch the monarchy completely, and whose government for all intents and purposes is independently elected and run. What gives?

Of course, there are hundreds of stories currently doing the rounds at the moment on how wonderful and enduring Queen Elizabeth had been. However, for my money, the furore over her passing is more about what it means for our own identity – what and who we are.

The Queen has been our monarch for over 70 years. She’s always been there performing her many public duties through thick and thin; with a polished reserve, constancy and perseverance that is almost superhuman. She is universally lauded as a trusted and hard-working soul, a role model of public service, temperance and restraint. Her very existence gave us confidence in the stability and validity of the system of which we are a part, a confidence that this system would endure and be around to sustain ourselves and our children.

So, even though the Queen was growing old, her death still hit us like an existential slap. Yes, she was a good person, but suddenly her constant presence had vanished, and we all needed reassurance that the validity and dependability of our system was still there, that we still had good reason to believe in the certainty of tomorrow.

The Queen and the Great Acceleration

So much has happened during the 70 years of her queenship. If you think about it, her reign began in 1952, just as the ‘Great Acceleration’ of humanity was taking off; a time of unprecedented technological change, economic growth, exploding population and accelerating consumption. Beginning in the 1950s, humanity built more dams, converted more land to agriculture, eliminated more species and released more greenhouse gases than at any other time in history.

By the 1970s scientists were beginning to point out how unsustainable this development was, but the warnings did little to change our course over the next half century.

With the new millennium, the warnings started proving true. The ‘spotfires’ of deep droughts, floods and mass coral bleachings are becoming more intense and frequent. 2022 seems to have seen most of the northern hemisphere engulfed in one climate-ramped natural disaster after another. The US is burning, Pakistan is drowning while all our great rivers are withering. A climate crisis is emerging.

And, during this time, our trust in the institutional pillars of society have been eroded by neoliberal drivers and market forces. A recent Australian Prime Minister** observed: “We face the spectre of a transactional world, devoid of principle, accountability and transparency.”

‘False news’ and misinformation cloud all our reflection, as tribal partisanship displaces reasoned debate and good governance.

Throughout all this tumultuous, transformational change, the Queen was always there, always constant. The monarchy no longer had the power and influence of earlier centuries, but the Queen still represented all the symbols (flag, crown and anthem) that lay under everything we have built (and fought for, and in some cases died for).

For King, country and the higher cause

Part of that is what the empire built lies here on the other side of the planet. Almost 250 years ago, Britain deported felons to a remote settlement in New South Wales, and that convict colony grew and flowered to become a vibrant multi-cultural, economic powerhouse that we now call Australia.

For King/Queen, God and flag, we displaced (and oppressed) a pre-existing First Nations culture as if it had never existed (a process codified as Terra nullius). Indeed, Indigenous people were not given recognition in the Australian Constitution till the 1960s, and (against a backdrop of multiple appalling legacies in the areas of health, education and welfare) we’re still fighting over how their voice might be heard in our national parliament.

Australia leads the world when it comes to extinction rates, land degradation and per capita emissions of greenhouse gases. Until very recently, we have been seen as the climate change laggards of the developed world.

The belief in ‘Queen and country’ have been central to our society and how we have justified so much of our development trajectory; ‘yes there have been costs, people and cultures have suffered, but it’s all been done for a higher cause’.

The loss of ‘our Queen’

So, with the sad loss of ‘our Queen’, our very identity has been under siege as we reflect upon what it is we have built, and how much certainty is there that it will be there in the future.

The fact that the Queen was undeniably an honest, hardworking servant of the public only clouds our reflections. She was a ‘good’ person but what is the value of the institution she represents, and is this belief in the Crown really an appropriate justification for how we are developing this world?

I quipped at the beginning: ‘can we please get beyond this and let normal transmission return’. But on reflection, humanity can’t afford ‘normal transmission’. We’re driving off a cliff at the moment and the powers that be are only concerned with the condition of the car they’re driving, not where it’s going.

Actually, what we should be saying is: The Queen is dead, long live the King, and may we use this moment of fragility and uncertainty to honestly reflect on the world we have built in their names.

*Speaking of ‘normal transmission’, my recent blogs on Sustainability Bites have been reflections on resilience thinking. This blog on the Queen has been a bit of a divergence. And yet, thinking of the Monarchy as a complex adaptive system might reveal some interesting insights. For example, how much disturbance (and of what form) can the Monarchy absorb before it loses its identity, and begins to operate as a different system (ie, how resilient is this system)? And does the Monarchy have its own adaptive cycle? And during what periods might reform actually take root?

** Which recent Australian Prime Minister observed: “We face the spectre of a transactional world, devoid of principle, accountability and transparency?” I think this is a smart and incisive observation, so I am totally gobsmacked that it was uttered by PM Scott Morrison, the most unprincipled, unaccountable and secretive Australian Prime Minister in living memory.

Banner image: It’s only common cents – the Queen symbolizes certainty in an increasingly uncertain world. (Image by Alexander Lesnitsky from Pixabay)

Down into the weeds again – the new government announces a return to bioregional planning

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By Peter Burnett

In a recent speech at the National Landcare Conference, still-honeymooning federal environment minister Tanya Plibersek announced what she called the ‘third arm’ of the government’s environmental agenda, regional planning.

(The first two arms, by the way, are an overhaul of national environmental law following the Samuel Review (2020) and setting up a federal Environment Protection Agency.)

A little history

More correctly, Plibersek was announcing a return to regional planning. Federal and state governments first signed up to bioregional planning in 1996 as a key action under the National Strategy for the Conservation of Australia’s Biological Diversity.

This National Strategy was our first attempt to meet our commitment under the Convention on Biological Diversity 1992 that each country should have such a strategy.

In 1995, in the run-up to adopting the strategy, then-environment minister Senator John Faulkner convened a national conference on bioregional planning.

But with the conference done and the National Strategy signed-off, momentum dissipated. This was no doubt due to the change of government that followed.

Although the new Howard government remained committed to bioregional planning, and in fact legislated for it as part of its big and shiny new national environmental law, the Environment Protection and Biodiversity Conservation (EPBC) Act, there was a problem.

The EPBC Act was seriously under-funded. With available funds sucked up by the day-to-day business of project-based environmental assessment and approvals, there was simply no money left for bioregional planning.

Eventually, in 2012, a later government found enough money to prepare bioregional plans for four of Australia’s marine bioregions. But there have never been plans for Australia’s 89 terrestrial bioregions.

What’s on the table this time?

Fast-forward to the present.

Following a recommendation for regional planning in the Samuel Review (NB. no longer bioregional planning, although the name change is not that significant) the Morrison government put its toe in the water by announcing $2.7m in the 2021 federal Budget for a pilot terrestrial bioregional plan.

By the time Morrison lost government in May 2022, this pilot program had not translated into on-ground action. Instead, Morrison had put more money on the table in the 2022 Budget (tabled in the lead up to the May election).

This time the government announced some $63 million for up to ten regional plans. However, this Budget didn’t pass the Parliament before the election of the Albanese government and so we must wait until next month (October) to see whether Treasurer Jim Chalmers keeps this measure in his replacement 2022 Budget.

In the meantime, Plibersek has announced the government’s commitment to regional planning and laid down some markers. She acknowledges that the idea is not new and says she will build on good work already done.

She says regional plans will improve federal environment protection by providing insight into cumulative impacts and enabling threats to threatened species to be addressed more effectively.

Plibersek wants to cooperate with states and territories and she wants the plans to be integrated across land uses, programs and tenures. She also wants the plans to improve resilience to climate change.

And, significantly, she wants to start now, so that ‘regional planning will be well underway by the time we pass our improved environmental laws next year’.

It’s complicated

This is an ambitious agenda, particularly from the low base of a fragmented environmental information base and a depleted environment department.

What challenges will Plibersek face? To borrow the title of one of my favourite Meryl Streep movies, ‘It’s Complicated’.

Plibersek needs to partner with state governments, who traditionally resist federal government involvement in land management, which they see as both their backyard and their bread and butter (excuse the mixed metaphors).

She will need to offer incentives, and in this context ‘better environmental outcomes’ doesn’t cut it. If I were a state I’d be after money for environmental restoration, by the truckload.

Assuming one or more partner governments step forward, regional planning would need to integrate with a myriad of other plans which, depending on location, could include metropolitan plans and strategies, state environmental plans and policies, catchment management plans, town plans, local environment plans and so on.

Then there are other federal plans to fit in with, including the Murray Darling Basin Plan and Regional Forest Agreements.

Once the government gets into the planning itself, it will need a full suite of supporting policies. What are the planning objectives? Do they include creating reserves for areas of high environmental value, such as critical habitat? Should zoning for development be done on the basis of maintaining ecological function? Would development be allowed in areas containing significant environmental values and if so, would an environmental-offset policies such as ‘no net loss’ apply?

Then there’s the need for appropriate governance. There’s no point in doing these plans on a one-off basis. They would need to be revised regularly, say every five years. Climate adaptation will make this even more complex.

Finally, how would public consultation be undertaken and who would undertake it?

Climb lower mountains

I could go on but I’m running out of space. I think there’s a real risk here of taking up mountain climbing and choosing Mt Everest as one’s first summit.

Given the minister’s determination to move on this front ahead of her major reform package next year, the risks of this could be avoided by treating the early regional plans as experiments — by confining the exercise to two or three regions and focusing on skill acquisition and capacity-building rather than aiming to take a full suite of plans through to legal adoption and operational use.

I know it’s hard in a political context, but with something this ambitious I think it’s important to allow for failure.

Rather than tackle Mt Everest straight up, a little practice in the foothills could be just the thing. That way, injuries from the inevitable falls will be minimal; and the whole process won’t be discarded when the going gets rough.

Banner image: Image by Joshua_Willson from Pixabay

On identity, complexity and a ‘little’ fossil fuel project off the West Australian coast

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By David Salt

Earlier this month I spotted a tweet that chilled my soul while neatly summing up the challenge of sustainability for our age.

Here it is:

In a nutshell it shows the CEO of a major fossil fuel company extolling the virtues of a massive new project, the Scarborough development, with a comment from one of the world’s top coral scientists describing it as ‘a crime against humanity’ (while asking the responsible politicians to respond appropriately).

One single development

We’ve discussed aspects of the Scarborough development (the biggest oil and gas development to be built in Australia in a decade, situated off the coast of Western Australia) a few times on Sustainability Bites (see Lies, damned lies and environmental economics). It’s worth repeating that an analysis by the company Climate Analytics found that the total emissions from the proposed Scarborough project will be just under 1.4 billion tonnes, three times Australia’s annual emissions! Think about that. Climate Analytics is under no illusion and points out this single project undermines the Paris Agreement (of which Australia is a signatory).

The Australian Conservation Foundation has calculated these emissions will result in 0.000394 degrees of additional global warming that will, among other things, accelerate the decline of the Great Barrier Reef (which may partly account for the coral scientist’s dismay at Woodside’s promotional tweet).

Is an extra 4 x 10,000ths of a degree significant? Keep in mind this is a single development which, by itself, has the capacity to create a measurable global temperature increase at a time when the world is already overheating. This summer has seen unprecedented droughts, storms, fires and floods across Asia, Europe and North America. At this time no-one has even attempted to calculate the economic impact of the carnage from this northern summer, let alone tally the lives lost. And this situation only promises to get worse as carbon emissions increase.

A boon for the economy

Despite the accelerating impacts from climate change being felt all around the world, Woodside’s CEO tells us (though more likely she’s really wanting her shareholders and politicians to hear this) that Scarborough will “deliver value for Woodside shareholders and significant long-term benefits locally and nationally, including thousands of jobs, taxation revenue and supply of gas to export and domestic markets for decades to come.”

I cynical paraphrase might read: “let this project proceed and shareholders will be richly rewarded by quarterly rises in share price; while the enabling government can claim ‘jobs, jobs, jobs’, regional development and a secure supply of energy well into the future (and definitely beyond your next election).”

The planet? Well, it may endure a little more heating but focus on the profits.

And humanity? Bits of it will do very nicely, thank you very much, from the increased economic activity. And those that don’t? Well, most of them don’t vote in Australia and they definitely aren’t shareholders in Woodside, so there’s nothing to worry about here.

In any event, the planet and humanity are not the focus of the CEO’s missive to the masses; she’s more worried about quarterly returns to shareholders.

The standard model

The standard explanation for this situation goes something like this: some people put the economy before all else and believe the ‘climate alarmists’ are overstating the problem. These people might even acknowledge the climate is becoming increasingly problematic but are confident that as the crisis grows we’ll make more of an effort to fix it, and science and technology will save us. These people think that radical action to reduce carbon emissions will cause deep and unjustifiable pain to the economy and everyone’s standard of living.

The other side (which includes most scientists) believe humanity is changing the Earth System in deep and unpleasant ways that will hurt everyone. We need to do something now. Enabling new fossil fuel developments is mad; some describe them as ‘crimes again humanity’.

Both sides think the other side is crazy, and many have stopped listening to anything coming out of the other side.

You might have your own variant on this ‘standard model’ of the sustainability challenge but I believe most people subscribe to some version of it: two sides/tribes, two sets of values/priorities, situation gets worse, both sides blame the other and after a while everyone stops listening to anyone outside of their own tribe. It’s simple and neat – my side right, your side wrong.

A more complex model

Now here’s a more nuanced explanation that uses a bit of complexity (resilience) theory. Each of the players/actors/groups in this situation are complex systems, and each has its own identity emerging from the structure, function and feedbacks that make up that system. Understanding the feedbacks is important to understanding the behaviours of these systems.

The politicians are very responsive to voter’s needs and the level of support received from party supporters (including lobbyists and political donations).

The fossil fuel companies are very responsive to changes to the quarterly returns on investment and shareholder sentiment.

The scientists are very responsive to changes in biophysical indicators of the many components that make up the Earth System, the respect of their peers and the papers they can publish.

And the voters just want to be able to pay their bills, have a little certainty in what tomorrow brings, and maybe have the occasional holiday.

These are interacting complex systems and expecting them to behave in simple rational ways doesn’t necessarily help us resolve the differences that emerge between them over time.

Pointing out that the other side is wrong may work well with your own tribe but it usually does nothing to change the behaviour of the other side.

However, understanding what’s central to the identity of the other side and working on the feedbacks that shore up that identity is much more likely to produce change.

If voters don’t believe the future is safe, if shareholders no longer trust their shares will yield dividends in the longer term, if politicians are only allowed to make fully accountable and transparent decisions, then the very identity of their systems change, as does its behaviour. Of course, changing these feedbacks is never easy.

Another thing about complex systems

Another thing about complex systems that’s very relevant to this discussion. They are non-linear. That means you can’t always predict how they’ll change based on how they have changed in the past. Sometimes big disturbances can hit your system and yet it can absorb them and its identity remains intact (the system is ‘resilient’). Other times, it will only take a small disturbance and the system’s identity collapses (unexpectedly and often quickly, does anyone remember the Soviet Empire?).

The Earth System itself is a good example of this non-linearity. The group of scientists who first proposed the idea of ‘planetary boundaries’ (Rockstrom et al, 2009) pointed out that the Earth System itself is a complex system that has considerable capacity to absorb disturbances (changing atmospheric concentrations, declining biodiversity etc) and still retain its identity. For the past 10,000 years, that identity has been one of a relatively stable climate that has enabled the rise of civilisation.

But this capacity to continually absorb disturbance has limits, sometimes referred to as thresholds. They proposed a set of planetary boundaries (possible thresholds) beyond which the stability of the Earth System could well be lost. They proposed nine planetary boundaries, most of which we have now transgressed.

In some ways, the scientists suggest, the complexity of the Earth System has lulled us into a false sense of security. All the change we’ve imposed on it (most of it in the last half century), has been absorbed by the Earth System and it continues to function in a way conducive for humanity. But, having crossed these planetary boundaries, we have exhausted the planet’s capacity to absorb further disturbance. Many now believe further incremental disturbance may change things drastically. Indeed, we may even be seeing this with the savage summer of 2022.

Which all serves to underscore how complex the challenge of sustainability can be. We are all complex units operating in complex groups within a complex Earth System. ‘Simply’ pointing out why the opposite side is wrong may score points with our side but does little to fix the problem. For that to happen we need a deeper engagement with the complexity in which we find ourselves, more reflection on what gives us (our tribe and our planet) our identity, and a greater respect for the things that impact on that identity.

Banner image: Civilisation rose during an epoch of climate stability. Now that stability is possibly breaking down. So far, our response to this possibility has been simplistic and ineffective. Maybe it’s time to acknowledge the problem is complex. (Image by Reimund Bertrams from Pixabay)

Game of Sustainability – Episode One: A New Hope

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By Peter Burnett

This is another in our series on the environmental policies of previous Australian Governments. This time, the policy story is too long for a single blog …

In my last blog in this series I told the story of how the Hawke government started with an environmental bang in 1983 by blocking Tasmania’s Franklin Dam project. It did this by passing laws to protect the World Heritage status of the surrounding wilderness.

By taking this unprecedented action, Hawke dramatically expanded federal environmental power through the High Court decision in the Tasmanian Dam Case. After that, Hawke pretty much lost interest in the environment.

Until, that is, the 1987 election was in the offing.

The second wave

There was a second global wave of environmental concern in the mid 1980s (the first wave was in the late 1960s and early 1970s).

In 1984, the worst industrial disaster in world history, a chemical accident at Union Carbide’s Bhopal factory in India killed more than 22,000 people.

Then in 1986 there was a nuclear accident at the Chernobyl nuclear power station in the Soviet Union (now in modern-day Ukraine). The casualties were much lower than Bhopal (the death toll will eventually reach around 4,000 when long-term injuries are included) but the accident forced the resettlement of some 350,000 people and released a radioactive cloud that gave the world, and Europeans in particular, enormous concern.

The resulting wave of environmental concern swept around the world. And it affected Australia as well, although the issues here played out more through a revival in anti-development sentiment, again played out in several instances through World Heritage nominations.

Environmental revival in politics

All this led the Hawke Government to run hard on environmental issues in the lead up to the 1987 election. Labor made campaign commitments about environmentally-significant areas such as Kakadu Stage II; in return the environment movement had advocated a vote for Labor.

Graham Richardson, an influential party fixer, was instrumental in this political deal-making. His reward after Labor won the election was not just promotion to the ministry as Environment Minister, but the elevation of the environment portfolio to cabinet.

Suddenly the environment was at the centre of Australian policy-making.

Let the games begin …

Yet there was more to this second wave than a return to prominence of environmental issues. The whole debate was about to shift from a case-by-case approach (revolving around ‘places of the heart’) to one based on joined up, but complex and contested, policy principles.

Just after the election, the United Nations released a major report, Our Common Future, also known as the Brundtland Report. This is the report that put Sustainable Development on the map.

Brundtland argued that countries should pursue Sustainable Development as ‘development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs’.

This deceptively simple idea captured imaginations around the world. Within five years, at the Rio Earth Summit in 1992, Sustainable Development would become the phrase on everyone’s lips and the foundation stone for Agenda 21, an action plan endorsed by almost every country and major stakeholder group in the world.

Meanwhile, back home …

Even though Australia was part of this global phenomenon, things played out differently at home during the five years between the publication of Our Common Future through to the Rio Earth Summit.

Richardson rejected early advice from his department to take the Brundtland Report to Cabinet for a discussion of its policy implications. He was a political hardhead and hardly a policy nerd — presumably he wanted to stick with the simple ‘case-by-case’ political appeal of World Heritage listings, rather than explore the rabbit warrens of a policy concept like Sustainable Development.

However, ministers with economic portfolios were deeply frustrated by Richardson’s ‘one-off forays’, or ‘icons’ approach as they called it (an icons approach only worries about the iconic bits of nature, the special rainforests and coral reefs, for example).

Richardson had the reputation of stitching up deals on popular environmental causes with Prime Minister Hawke in advance of Cabinet meetings, with the result (as they saw it) that well-developed proposals for economic development would be torpedoed by the latest popular environmental cause. Economic ministers wanted some rules to play by.

Primary Industries Minister John Kerin led a Cabinet revolt. He first took his frustrations to Cabinet at the end of 1987, arguing that existing processes for considering conservation and development proposals were characterised by a lack of consistency and frequent requirements for:

eleventh hour ad hoc responses to proposals … (both within and outside Governments), minimal recognition of the multiple objectives involved in resource allocation decisions and a propensity for parties to seek ‘winner take all outcomes’ without understanding economic, social or environmental consequences.*

Round one to rationality … sort of

Round one went to Kerin and the economic ministers. Sort of. The government announced in late 1988 that it would establish a Resource Assessment Commission (RAC) to assess major environment and development issues. However, while the advice of the RAC was to be based on three legislated principles, dealing with policy integration, optimising benefits and sequential use of land, this was not ‘Sustainable Development’ as was being discussed elsewhere around the world.

In fact, in a process later described by Richardson as ‘long and difficult’, officials had come up with no less than forty five principles related to environment and development, covering everything from ‘maintaining essential ecological processes and life support systems’ (spot-on) through ‘development and environmental considerations should be taken into account … early’ (relevant) to ‘rights of interested parties … in the decision-making process should be made clear and adequately publicised’ (marginal)!

In other words, although Sustainable Development had been on the table for more than a year, the Australian government had yet to engage with it properly.

All this would change the following year, 1989.

Watch this space for the next exciting episode in this ‘Game of Sustainability!’

*John C Kerin (2017). The Way I Saw It; the Way It Was: The Making of National Agricultural and Natural Resource Management Policy (Analysis and Policy Observatory)

Banner image: What is ‘sustainable development’? Is it protecting the best bits of nature? Is it the right to clean water and safe food for everyone? Or is it living in a way that doesn’t limit the choices of future generations? The debate on what sustainable development meant was raging towards the end of the 1980s; and in Australia it took on its own unique direction. (Image by David Salt)

The perils of command and control and the pathology of Natural Resource Management

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By David Salt

As a younger man I honestly believed that sustainability was a tractable problem; a difficult challenge no doubt but one that was solvable with hard work coupled with science and technology. And, as a confident young thing, I thought I could contribute to this outcome by serving in the area of science communication and education; get more talented young people into science, and increase community acceptance of emerging technological solutions so they can be effectively implemented.

How might science and technology save us? By providing us with insights on the many problems being faced by humanity and the environment, and by helping humanity lighten its footprint on Planet Earth. Well, science has definitely provided ample insights on the plight of our planet, and technology has given us so many ways to be more efficient in how we do things.

For all that, however, we are moving away from being sustainable; indeed, we seem to be accelerating away from it. In the last half century, humanity has pushed the Earth system over several planetary boundaries, unleashed a sixth extinction event, and seems unable as a global community to do anything about greenhouse gas emissions which are remorselessly on the increase (as a by-product of our addiction to economic growth).

Science and technology has underpinned so much of our wealth creation and economic activity, and many techno-boosters are fervent in their belief that science and technology is the solution to the many problems facing our environment (indeed, I heard Australia’s Chief Scientist say this exact thing on the radio this morning, as I write.)

As I grew older and watched the natural world decline around me (on a number of scales; think of weed infestation in your local bush reserve, glacial retreat or the bleaching of the Great Barrier Reef), my enthusiasm for (and faith in) science and technology also declined. I could see the potential of all these new discoveries (think renewable energy, nanotech and biotech as examples) but could never see where the outcomes were creating a more sustainable future. For example, for every 10% improvement in efficiency in process X, we seemed to see 100% increase in people using that process resulting in more waste, more consumption and more damage (albeit less impact per capita, see the Rebound Effect for a discussion on this).

The dangers of partial solutions

It’s not that I’m anti science and technology and I do believe increasing efficiency is important. However, by themselves they are not enough.

Then I was asked to write a couple of books on resilience science (Resilience Thinking and Resilience Practice) and my doubts on the belief that ‘science and technology is the solution’ crystallised into a new way of looking at the world. The experience of writing about resilience opened my eyes to ideas of complexity, and the capacity of a complex systems to absorb disturbance and retain their identity (the definition of resilience). The consequences of these ideas are deep and far reaching. In a range of different ways, I’ve been attempting to articulate them in my stories for Sustainability Bites.

One major consequence of acknowledging the complexity around us is to be aware of the cost of partial solutions sold to us as complete answers. Science and technology (and endlessly increasing efficiency) are not only not enough to move us to being sustainable, an exclusive reliance on them (and belief in them, think ‘technology not taxes’) will actually reduce resilience in the systems we depend upon and make us more vulnerable to disturbance.

There are many lines of evidence supporting this contention (see Resilience Thinking and Resilience Practice) but in the space I have here I’d like to discuss how natural resource management agencies decline over time. Improving science and technology (and efficiency) is often touted as the solution but only fuels this decline. This discussion is based on a landmark paper by CS Holling (one of the founding fathers of resilience thinking) and Gary Meffe, written a quarter of a century ago: Command and Control and the Pathology of Natural Resource Management.

The command-and-control pathology

Holling and Meffe point out that when command and control is applied in natural resource management, the initial phase is nearly always quite successful. Insect pests are reduced by pesticide use; fishing and hunting are enhanced by stocking or predator removal; forest fires are suppressed for years; floods are minimized by levees and dams.

But what follows on these initial successes is rarely acknowledged. The agencies responsible for management shift their attention from the original social or economic purpose towards increasing efficiency and a reduction in costs. (Of course, all agencies/companies do this over time not just NRN agencies. It’s a pattern well described in the idea of ‘adaptive cycles’ first proposed by Holling.)

NRM agencies search for better and more efficient ways to kill insects, eliminate wolves, rear hatchery fish, detect and extinguish fires, or control flows. Priorities thus shift from research and monitoring (why ‘waste’ money studying and monitoring apparent success?) to internal agency goals of cost efficiency and institutional survival.

Holling and Meffe contend that as this happens, there is a growing isolation of agency personnel from the systems being managed and insensitivity to public signals of concern. They describe this as institutional myopia and increased rigidity (again, something well described by the theory of adaptive cycles).

At the same time, economic activities exploiting the resource benefit from success (of more fish, or water or whatever) and expand in the short term. We see greater capital investment in activities such as agricultural production, pulp mills, suburban development, and fishing and hunting. There’s nothing wrong with this, they say, within limits.

But the result is increasing dependency on continued success in controlling nature while, unknown to most, nature itself is losing resilience and increasing the likelihood of unexpected events and eventual system failure. When natural systems are ‘controlled’ they invariably lose their natural diversity and processes, which leads to a declining ability to absorb disturbance (while maintaining its identity).

With dependency comes denial and demands by economic interests to keep and expand subsidies, and pressure for further command and control.

So, the initial successes of command and control come with a costs that are usually never acknowledged. Command and control reduces natural variation and erodes resilience, environmental managers aim for efficiency rather than connection with the system they are managing, and economic interests that benefit from original command and control distort the system to maintain it. The composite result is increasingly less resilient and more vulnerable ecosystems, more myopic and rigid institutions, and more dependent and selfish economic interests all attempting to maintain short-term success.

Holling and Meffe point out that solutions to this pathology cannot come from further command and control (for example, stronger regulations) but must come from innovative approaches involving incentives leading to more resilient ecosystems, more flexible agencies, more self-reliant industries, and a more knowledgeable citizenry.

Back in the ‘real world’, you’ll largely hear our political leaders deny the complexity of this and simply say science and technology will save us. Unfortunately, in a complex world, simple solutions have a habit of only making the situation worse.

Don’t get me wrong, I still love science and technology. However, by themselves, they are not the solution. To contribute to a sustainable world, they need to work with complexity, not subjugate it.

Banner image: Dams are an important piece of human infrastructure offering many valuable short-term benefits by controlling our rivers. In the longer term they come with a range of often unacknowledged costs. They reduce the natural variability of the river; they encourage human settlement in areas subject to flooding; and allow food production in areas that normally wouldn’t support agriculture. Over time, the agencies managing the dam become myopic and rigid, the economic sectors depending on the dam become increasingly reliant and selfish, and the river system becomes increasingly vulnerable to disturbances. (Image by David Salt)

Triggering the safeguard or safeguarding the trigger: Climate, large emitters and the EPBC Act

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By Peter Burnett

Last week’s debate in the Australian Parliament on the new government’s Climate Change Bill generated a surprising level of debate on a side issue, the possible inclusion of a ‘climate trigger’ in Australia’s most significant environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

So much so that I made it the subject of my last blog, in which I argued that we mostly didn’t need a climate trigger, because it would double up on the ‘safeguard mechanism’ that sets individual baselines for major carbon-emitting facilities like steelworks, and then reduces that baseline over time.

The exception was for actions that would generate significant carbon emissions but weren’t ‘major facilities’, which mostly means major land-clearing.

I’ve changed my mind. In light of last week’s debate, I now think we should have both a climate trigger and a safeguard mechanism, on the proviso that they must dovetail with each other.

Let me explain. As the government is committed to the safeguard mechanism but somewhat skeptical about a climate trigger, I’ll start with the former.

Safeguard mechanism

We don’t yet have the full detail of what the government is proposing — it has promised to release a discussion paper towards the end of August. We do know, however, from statements by climate minister Chris Bowen and from Labour’s election policy, that the gist of the proposal is to keep the existing legal machinery while reducing facility emissions baselines progressively to net zero by 2050.

The safeguard mechanism will apply to the 215 existing major emitters, together with any new facilities emitting more than 100,000 tonnes CO2-e per annum.

Climate trigger

A climate trigger in the EPBC Act would prohibit developments likely to emit more than a certain volume of greenhouse gases per annum (lets say 100,000 tonnes), without first undertaking an environmental impact assessment (EIA) and obtaining a development approval from the environment minister. Such an approval might simply require the developer to use the best available emissions technology at the time of construction, with no follow-on requirements.

Alternatively, much like the safeguard mechanism, it could require reducing emissions from an initial baseline. It might even allow emissions credits to the traded with other such facilities, although this could be complicated in practice.

Dovetailing a safeguard with a trigger

If used together, these two mechanisms would be seeking to occupy much the same regulatory space. That’s why I argued that a climate trigger should be limited to actions that are not caught by the safeguard mechanism, such as land clearing.

However, there are some benefits that are better delivered by one or other of the two mechanisms.

For example, it seems that many projects underestimate their likely emissions by a significant amount. The rigour of the EIA process, including the opportunity for public scrutiny, will help ensure early and accurate estimates of emissions, before the final investment decision is made.

Another benefit of a climate trigger is that the environment minister would have the option of saying ‘no’ to a proposal for a high-emitting facility. Sometimes outright rejection is the right answer, even where the government has no objection to the activity itself, as with Tanya Plibersek’s proposed rejection of Clive Palmer’s latest Queensland coal mine shows.

On the other hand, the safeguard mechanism is designed to facilitate emissions trading, which is something not readily available under the more traditional regulatory mechanism of an EPBC approval.

This leads me to suggest that we can have the best of both, provided we ensure that the two mechanisms dovetail with each other and so avoid duplication.

It could work like this.

First, there would be a whole-of-government policy specifying that major emitters would be subject to a facility-specific emissions cap, set by reference to the lowest feasible emissions from existing technology. This cap would then decline to net zero by 2050.

Second, under the climate trigger, the environment minister would limit herself to assessing the likely emissions under best low-emission technology and setting that level as the initial cap. She would do so knowing that her approval of the project would, in turn, trigger the safeguard mechanism.

In the end, we would have the benefit of both mechanisms but no duplication — just a hand-off from one regulator to the other.

Objections anyone?

Some might object to this ‘dovetail’ approach on the basis that Professor Graeme Samuel recommended against a climate trigger in his review of the EPBC Act in 2020.

This objection lacks substance, for two reasons. First the review did not extend to policy matters such as a climate trigger, but was confined to the operation of the existing Act.

Second, while Professor Samuel did note that previous governments had chosen not to use a climate trigger, an outcome he said he agreed with, he left it at that, without making any arguments of substance against a climate trigger.

‘Both/and’, not ‘either/or’

This debate has quite some way to run —the government will not be responding to the Samuel review until late in 2022 and will not bring forward legislation to amend or replace the EPBC Act until 2023.

However, it is clear already that there will be a major episode of brinkmanship played out between the government and the Australian Greens over the climate trigger. The Greens are determined to push for ‘no new fossil fuel projects’ while the government are equally determined not to ban these projects unilaterally, on the ground that if we act alone, other countries will take up the slack as a suppliers of fossil fuels.

I hope my ‘both/and’ approach will prove useful as that debate plays out.

If we stick with the ‘either/or’ approach currently on the table, then we can expect high-stakes brinkmanship in the Senate next year, as the unstoppable force of the Greens’ passion for avoiding climate disaster collides with the immovable object of a government that knows that its future depends on occupying the centre lane on the political highway.

Banner image: Some want a ‘carbon trigger’ to stop the development of big emitting facilities. Others reckon a ‘safeguard mechanism’ is enough to constrain emissions. Maybe we can dovetail them and get the best of both. (Image by catazul from Pixabay)

The myth of the optimal state: adaptive cycles and the birth of resilience thinking

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By David Salt

Being sustainable, is tough. So far, we (as in humanity) are failing at the task miserably. My contention is that a big part of the problem is our inability to deal with the complexity of the systems around us, that we are a part of. Rather than acknowledging this complexity, we impose framings on these systems treating them as simple. (I discussed these ideas in complicated vs complex.)

Command and control

Simple systems can be managed and controlled, and held in an optimal state for as long as needed. Complex systems, on the other hand, self-organise around our efforts to control them. They can’t be held in an optimal state.

The notion of an ‘optimal sustainable yield’ was a widespread idea in natural resource management last century. The belief was that if you knew a little about what drives a natural resource (say reproductive capacity in fish stocks or forest trees), you could harvest that system removing an optimal amount of that resource forever as it would always replace itself. It’s a command-and-control approach that left countless collapsed fisheries and degraded landscapes in its wake.

‘Command and control’ involves controlling aspects of a system to derive an optimized return. The belief is that it’s possible to hold a system in a ‘sustainable optimal state’.

However, it’s not how the world actually works. Yes, we can regulate portions of the system, and in so doing increase the return from that portion over a short time frame, but we can’t do this in isolation of the rest of the system. If we hold some part of the system constant, the system adapts around our changes, and frequently loses resilience in the process (ie, loses the capacity to recover from a disturbance).

While we can hold parts of the system in a certain condition, the broader system is beyond our command. Indeed, no one is in control; this is a key aspect of complex adaptive systems.

Resilience thinking is an alternate approach to working with these systems, an approach that places their complexity front and centre. And the origins of this approach are entwined with an early realisation that a command-and-control approach to harvesting natural systems will always strike problems eventually. (The following example is based on a discussion that appears in the book Resilience Thinking.)

Of budworms and social-ecological systems

Spruce fir forests grow across large areas of North America, from Manitoba to Nova Scotia and into northern New England. They are the base of a highly valuable forestry industry.

Among the forests’ many inhabitants is the spruce budworm, a moth whose larvae eat the new green needles on coniferous trees. Every 40 to 120 years, populations of spruce budworm explode, killing off up to 80% of the spruce firs.

Following World War II, a campaign to control spruce budworm became one of the first huge efforts to regulate a natural resource using pesticide spraying (thanks in part to new technologies emerging from the war).

Initially, the pest control proved a very effective strategy, but like so many efforts in natural resource management that are based on optimizing production, it soon ran into problems.

In a young forest, leaf/needle density is low, and though budworms are eating leaves and growing in numbers, their predators (birds and other insects) are easily able to find them and keep them in check. As the forest matures and leaf density increases the budworms are harder to find and the predators’ search efficiency drops until it eventually passes a threshold where the budworms break free of predator control, and an outbreak occurs.

While the moderate spraying regime avoided outbreaks of budworms, it allowed the whole forest (as distinct from individual patches) to mature until all of it was in an outbreak mode. Outbreaks over a much greater area were only held in check by constant spraying (which was both expensive and spread the problem).

The early success of this approach increased the industry’s dependence on the spraying program, intensified logging and spawned the growth of more pulp mills.

Now there was a critical mass of tree foliage and budworms. The whole system was primed for a catastrophic explosion in pest numbers. The managers in this system were becoming locked into using ever increasing amounts of pesticide because the industry wouldn’t be able to cope with the shock of a massive pest outbreak. The industry had little resilience, and yet the continued use of chemicals was only making the problem worse. They had created a resource-management pathology.

Adaptive cycles

The industry acknowledged the looming crisis and engaged ecologists (including CS ‘Buzz’ Holling) to see how they might tackle the problem from a systems perspective. In 1973, Holling proposed a new analysis of the dynamics of the fir forests, one based on what he described as ‘adaptive cycles’.

Forest regions exist as a patchwork of various stages of development. The cycle for any one patch begins in the rapid growth phase, when the forest is young. The patch then proceeds through to maturity, and eventually, following some 40 to 120 years of stable and predictable growth (referred to as the ‘conservation phase’), the cycle tips into the release phase. The larvae outstrip the ability of the birds to control them, larvae numbers explode, and the majority of forest trees in that patch are killed. Their rapid demise opens up new opportunities for plants to grow, and during the reorganization phase the forest ecosystem begins to re-establish itself. The cycle then repeats.

With this understanding of the cycle and the key changing variables that drive the system, the forest managers were able to fundamentally modify the manner of their pest control. Rather than continually using low doses of pesticide over wide areas they switched to larger doses applied less frequently at strategic times over smaller areas. They re-established a patchy pattern of forest areas in various stages of growth and development rather than keeping wide areas of forest primed for a pest outbreak.

The forest industry also changed through the process, moving to regional leadership with a greater awareness of the ecological cycles that underpinned the forest’s productivity.

From budworms to resilience thinking

The case study of the spruce budworm and the fir forest is important on many levels as it was in part the genesis of what has become resilience thinking. During his investigations, Holling proposed that the key to sustainability was an ecosystem’s capacity to recover after a disturbance, not the ability to hold it in a notional optimal state.

He also recognized that the ecosystem and the social system had to be viewed together rather than analyzed independently, and that both went through cycles of adaptation to their changing environments. Adaptive cycles don’t just happen in nature, they happen in communities, businesses and nations, it’s feature of complex adaptive systems.

His proposal catalyzed the thinking of ecologists and researchers (with an interest in systems) all over the world because similar patterns were being identified everywhere social-ecological systems were being studied.

One key insight that grew out of an understanding of adaptive cycles is that bringing about change/reform in a social-ecological system is always difficult. However, windows of opportunity do open when a system goes into a release phase, although the window doesn’t open for long. You need to be prepared to seize the opportunity while it’s there.

A basic lesson I draw from the notion of adaptive cycles is that systems get locked into themselves over time and become rigid. There’s no such thing as a sustainable optimal state because even if the system is managed into a condition deemed desirable, it then progressively loses its capacity to learn, innovate or keep its flexibility (often in the name of efficiency). Efficiency is important but is never the complete answer. Efficiency is not the key to sustainability.

Over the decades since Holling first described adaptive cycles, the models and the thinking associated with managing for resilience has gone through much refinement but the two core ideas remain at its heart: the fact that social-ecological systems constantly move through adaptive cycles over many linked scales, and that they can exist in different stable states. I’ll discuss this second building block in my next blog.

Banner image: Spruce fir forests provide valuable timber. However, efforts to optimise these systems last century with the widespread application of pesticide almost destroyed the industry. Uncovering what was going wrong became the origins of resilience thinking. (Image by Reijo Telaranta from Pixabay.)

Should we include a climate-change trigger in national environmental law?

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By Peter Burnett

In Australia this week, all eyes (well most of them) are on Canberra for the first sitting of Parliament since Labor came to power in May. The first order of business is the promised Climate Change Bill, to enshrine the government’s promised 43% target.

While public debate on the bill has focused on the target itself and the nature of a possible ‘ratcheting mechanism’ to raise the target over time, there’s also been quite a bit of attention given to something that definitely won’t be included: a ‘climate trigger’ for environmental approval of large projects such as mines and dams.

Let me explain.

Triggering the EPBC Act

For constitutional reasons, our main national environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), is based on a set of ‘triggers’. These are formally known as ‘matters of national environmental significance’. The triggers cover various things you’d expect to be of national significance, such as impacts to World Heritage places and threatened species, but not the most obvious candidate of all, climate change.

The EPBC Act was drafted by the conservative Howard Coalition government in the late 1990s as part of an overhaul of national environmental law. This bold reform was an unlikely project for a conservative government, but came about for two reasons.

First, Howard had courted the environment movement quite successfully in the 1996 election campaign, largely by promising a large pot of money (the National Heritage Trust) in exchange for privatising the national phone company, Telstra. There was a sentiment at the time that perhaps conservatives could care for the environment as well as progressives, by investing in it.

Second, Howard’s environment minister, Senator Robert Hill, was not just a skilled political operator, but a genuine environmental reformer (though perhaps a flawed one — see below).

In particular, Hill demonstrated an ability to navigate obstacles in government where others would have foundered on the political rocks.

Kyoto and the climate trigger

Despite Hill’s commitment to reforming environmental law he also led the Howard Government’s negotiating team at Kyoto, securing the notorious ‘Australia clause’, under which Australia was allowed to increase its emissions to 108% of 1990 levels, despite other rich countries being locked-into cuts.

Beyond this, also notoriously, Howard refused to ratify the Kyoto Protocol, despite Australia’s easy ride through with the Australia clause.

Howard had a real thing about action on climate change. Despite Australia’s easy ride, early on his major concern seemed to be that Australia might be taken for a ride, by being required to do more than its fair share of the ‘heavy lifting’. Later on, he seemed determined to hold out on ratification as a way of supporting the USA under George W Bush.

You can see why, despite being the most obvious candidate, climate was never going to be a trigger in the EPBC Act. Unfortunately for the government though, it had to do a deal with a minor party, the Australian Democrats, to get the EPBC Bill through the Senate.

Howard agreed to more than 400 Democrat amendments to secure passage, but wouldn’t include a climate trigger.

A climate trigger discussion paper

The government did however agree to consult about including a climate trigger by later amendment, and released a discussion paper on the topic at the end of 1999.

An obvious issue was the emissions threshold for the trigger. The lowest number discussed was 500,000 tonnes CO2-equivalent. This was said to capture 92% of emissions from new major facilities, such as power stations and aluminium smelters, then under construction.

Interestingly, today’s ‘safeguard mechanism’, enacted by the Abbott Government to support its Emissions Reduction Fund and requiring large emitters (currently 215 of them) to meet an individually-tailored emissions cap, has a threshold of 100,000 tonnes.

Even more interestingly, while the discussion paper canvassed some of the more technical issues associated with defining the trigger in some detail, such as whether emission estimates would be based on average or peak capacity, it completely avoided the significant issue of what kinds of requirements might be imposed on a new facility once the trigger was, well, triggered.

The discussion paper said this was because approval decisions had to be consistent with the principles of ecologically sustainable development and should take account of issues such as jobs and international competitiveness. (Had they addressed the issue, I think the most likely approach at the time would have been to require that the proponent use ‘best available low-emission technology at reasonable cost’.)

Then there was the issue of carbon emissions from land clearing. The discussion paper simply excluded this topic; the implication was that land clearing was not a ‘project’.

I think this explanation and exclusion are tendentious. I suspect that the government never intended to introduce a trigger, but simply to go through the motions. In that context, any content beyond the barest minimum could expose the government to enemy political fire, for no gain (to them).

Back to the future

So, there we have it. No climate trigger. But should we have one now?

Labor is promising to re-orient the safeguard mechanism, under which emissions from the major facilities are capped.

The previous government kept resetting the caps, giving emitters an easy ride in meeting them. Now, the government will lower the caps progressively, as the theory says such a scheme should, forcing facilities to lower emissions or buy emissions credits.

Under that scenario, it doesn’t make much sense to apply a climate trigger to major facilities — anyone building such a facility already knows that its emissions will be subject to a reducing cap.

Even if a climate trigger applied, what conditions could the environment minister impose that would achieve more than keeping emissions under a reducing cap? (In theory, a trigger would allow the minister to block a project entirely, this seems unlikely).

What about land-clearing?

Then there’s land clearing. Although the significance of land clearing is usually seen in terms of habitat loss, it is also significant for carbon emissions where the vegetation concerned is of high quality (low quality regrowth areas are marginal in terms of carbon emissions).

At present there is no land clearing trigger in the EPBC Act, even for biodiversity-related reasons. And, unlike industrial facilities, there are no climate-related laws applying to land clearing.

Thus, above a certain extent and quality, there is a case for a climate trigger relating to land clearing.

However, states and territories all regulate land clearing for other reasons. Due to the complexities of doubling-up on land regulation, it might be more effective to combine a trigger with a national standard for land clearing and to switch off the trigger in states where clearing laws meet the standard.

And in the end?

At the end of the day, given Labor’s plans for the safeguard mechanism, the case for a ‘climate trigger’ is particular rather than general. It would make sense for the clearing of significant areas of land containing old-growth and other high quality vegetation, but that’s about all.

In any event, a climate trigger is off the agenda as an amendment to the Climate Change Bill, given climate minister Chris Bowen’s statement that the government would rather pursue its climate target on a non-statutory basis, than have policy change forced on it by legislative amendment.

But there will be a second opportunity, when environment minister Tanya Plibersek delivers on her commitment to introduce major reforms to the EPBC Act in 2023.

Then, unlike now, the government won’t have the clean option of simply walking away, because so much of the non-climate environmental reform agenda hangs off that reform.

Banner image by Yazril Tri Mulyana from Pixabay

Thinking resilience – navigating a complex world

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By David Salt

Our world seems to be coming unstuck at the moment. Climate fuelled weather extremes – floods, droughts, heatwaves and fires – are crippling large parts of humanity. Many people are grappling for answers; What do we do? Why haven’t we already done something about this? It’s not like we haven’t been warned (repeatedly and with comprehensive detail by our climate scientists and others).

I believe many of your problems lie in our inability to deal with the complexity of the world around us (my last two blogs discussed this very thing – we can’t fix this because it’s complex and complicated vs complex). One way of better appreciating that complexity and navigating a way through lies in the area of resilience thinking.

The word ‘resilience’

The word ‘resilience’ is now common in many vision and mission statements. But ask the people who use these statements what they think it means and you get a range of different answers, most of which relate to how something or someone copes with a shock or a disturbance.

Concepts of resilience are used in all sorts of disciplines, but it has four main origins – psycho-social, ecological, disaster relief (and military), and engineering.

Psychologists have long recognised marked differences in the resilience of individuals confronted with traumatic and disastrous circumstances. Considerable research has gone into trying to understand how individuals and societies can gain and lose resilience.

Ecologists have tended to describe resilience in two ways; one focused on the speed of return following a disturbance, the other focused on whether or not the ‘system’ can recover. People engaging with resilience from the perspective of disaster relief or in a military arena incorporate both aspects (ie, speed and ability to recover). Indeed, there is a lot of commonality in the understanding of resilience in the three areas of psychology, ecology and disaster relief.

In engineering the take on resilience is somewhat different. Indeed, engineers more commonly use the term ‘robustness’ with a connotation of designed resilience. It differs from the other three uses in that it assumes that the kinds of disturbances and shocks are known and the system being built is designed to be robust in the face of these shocks.

Resilience thinking

The ‘resilience’ that is being invoked in vision and mission statements relating to Australia’s environment is largely based on the idea of ecological resilience, and it’s all about the ability to recover.

The science underpinning our understanding of ecological resilience is often referred to as resilience thinking. The definition of resilience here is: the capacity of a system to absorb disturbance and reorganize so as to retain essentially the same function, structure and feedbacks – to have the same identity. Put more simply, resilience is the ability to cope with shocks and keep functioning in much the same kind of way. 

A key word in this definition is ‘identity’. It emerged independently in ecological and psycho-social studies, and it is both important and useful because it imparts the idea that a person, a society, an ecosystem or a social-ecological system can all exhibit quite a lot of variation, be subjected to disturbance and cope, without changing their ‘identity’ – without becoming something else.

The essence of resilience thinking is that the systems we are dealing with are complex adaptive systems. These systems have the capacity to self-organise around change but there are limits to a system’s self-organising capacity. Push a system too much and it changes its identity; it is said to have crossed a threshold.

The systems around us that we depend on (and are embedded in) are linked systems with social, economic and bio-physical domains, operating over multiple scales. To understand what enables these complex systems to retain their identity, what keeps them resilient, we need to appreciate the linkages between these domains and scales. We also need to understand how the system is behaving within each domain and scale, because over time these components go through their own cycles (known as adaptive cycles) in which the capacity for change (and the ability to hang on to their identity) shifts.

Many ideas, many insights

Resilience thinking involves all these ideas. It is the capacity to envisage your system as a self-organising system with thresholds, linked domains and cycles.

Each of these ideas take a bit of explaining, something I’ll attempt in upcoming blogs (for a good guide, see Resilience Practice*). However, when you begin engaging with ideas relating to a system’s resilience, you begin to appreciate the world in a different way.

Some of those insights have been for me that no-one is in control, and you can’t understand a system by understanding the components that make it up – complex systems have emergent properties (for example, the whole is greater than the sum of the parts).

We also need to appreciate that the narrower concept of ‘efficiency’ – ie, holding a part of our system in a state that delivers optimal returns (eg, food or fibre) without considering interactions with other domains or scales – leads to a loss of resilience, making it less likely that these systems will continue to deliver into the future. Efficiency is important but, by itself, it is not the solution to the challenge of sustainability.

We live in a complex world facing enormous challenges. Too much of our efforts so far have been directed to command-and-control approaches, techno solutions and improving efficiency. If the problems we were dealing with were simple and tractable, such approaches would work well. Unfortunately, our current approaches to sustainability are not working at all, and the problem is growing significantly.

Could it be we’re trying to solve the wrong problem? We’re managing a complex world as if it were a simple system.

*Walker B & D Salt (2012). Resilience Practice: Building Capacity to Absorb Disturbance and Maintain Function. Island Press. Washington.

Banner image: Forests begin their recovery after Australia’s Black Summer of 2019/2020. (Image by David Salt)

What can we expect in Australia’s new climate law?

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By Peter Burnett

Australian climate minister Chris Bowen has promised to introduce a Climate Change Bill when Australia’s newly-elected Parliament convenes in late July. The Bill won’t be available until then but we already have a fair idea of what it is likely to say.

The story so far

What used to be Australia’s main climate law, the Clean Energy Act 2011, imposed a price on carbon. It was repealed by the then-new Abbott government in 2014 as part of its ‘axe-the-tax’ platform.

As far as I know, this is the only reversal of a carbon price, anywhere, ever. Hopefully it will also be the last, because the abolition of such an effective policy instrument was a major loss.

Several other climate laws survived Prime Minister Abbott’s anti-climate change stance in amended form, including the Act establishing the independent Climate Change Authority (CCA). The CCA lost its power to advise on Australia’s overall emissions target but retained its power to review specific climate mitigation policies.

Some Australian states and territories have their own climate change laws that set targets, broadly similar to what Bowen is now proposing.

Shape of the new law

The Climate Change Bill will not seek to reimpose a carbon price — the government plans to use an existing law brought in by the Abbott Government known as the ‘safeguard mechanism’ to reduce allowable emissions for the largest polluters (over 100,000 tonnes C02-e) over time.

Rather, the new Climate Change Bill will deal with national targets. Minister Bowen outlined its content in a recent speech at the National Press Club.

The Bill will enshrine both Australia’s ‘net zero by 2050’ goal and its new Paris ‘nationally determined contribution’ of a 43% reduction in emissions by 2030.

It will also restore the CCA’s role of advising Government on future targets, starting with the 2035 target. In addition, the CCA will assess progress against existing targets, with these assessments made public.

Separately, the climate minister will be required to report annually to Parliament on progress in meeting targets.

Finally, the bill will paste the new climate targets across into the formal objectives and functions of several government agencies, including the Australian Renewable Energy Authority (ARENA, which makes grants for new but pre-commercial renewable energy technologies and businesses) and the Clean Energy Finance Corporation (CEFC, which operates in a similar space but makes loans rather than grants).

Some interesting implications

Bowen says that the twin aims of requiring the minister to report to Parliament each year are to force government to be transparent and to focus the minds of parliamentarians on climate change as ‘our most pressing challenge’. Hopefully he is right on both counts and Parliament will focus increasingly on the substance of climate policy and progress in reducing emissions and less on the political posturing that has been so dominant to date.

More interesting than the pasting of targets across into the ARENA and CEFC legislation is the proposal to paste the targets into the objectives of bodies that are not dedicated climate agencies, including Infrastructure Australia and the Northern Australia Infrastructure Fund.

Such a requirement is likely to force these infrastructure bodies to expand their horizons beyond conventional cost-benefit analysis and to evaluate in detail whether there are more climate-friendly alternatives to what is proposed. For example, climate considerations might force the ditching of a road upgrade in favour of rail or sea-carriage for long distance freight.

In a similar vein, legally-enshrined climate targets should have a ripple effect on all government deliberations. In particular, I would expect the government to amend the cabinet handbook to require that proposals evaluate climate implications against the target, including by considering low-emission alternatives, on a routine basis.

Under such a regime, a proposal to purchase new tanks for the army would be required to consider electric propulsion or, more realistically in the short term, a commitment to use biofuels or other synthetic fuels, despite the additional expense. Failure to consider such alternatives would open the government to criticism that it was not taking its own legally-enshrined commitment seriously.

Getting the law passed

While Bowen made it clear that the government regards legislated targets as best practice for the policy certainty that they provide, he also stressed that legislated targets are not strictly necessary.

In this light, he says that the government is open to ‘complementary’ amendments but will withdraw the bill if it cannot secure Senate support for the fundamentals of its agenda.

For example, if the Greens and climate-friendly cross-bench Senators were to oppose the bill on the basis that the targets were not ambitious enough, the government would probably withdraw it. Clearly the government regards itself as treading a fine line on climate ambition and does not wish to risk being held to ransom by forces on its Left, as it was in the Rudd years.

On the other hand, it is less clear whether the government would regard amendments based on Independent MP Zali Stegall’s Climate Change (National Framework for Adaptation and Mitigation) Bill 2021 as ‘complementary’.

Would the government accept amendments to enshrine, not just the 2030 target, but a rolling series of five yearly ‘emissions budgets’ and a full ‘national adaptation plan’? Or would it agree to legislate for a permanent Parliamentary Joint Committee on Climate Adaptation and Mitigation with a supervisory role over the CCA?

Watch this space for a report on the debate.

Banner image: Image by Gerd Altmann from Pixabay

Solving sustainability – It’s complicated AND complex. Do you know the difference?

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What is it about the challenge of climate change that makes it so difficult to solve?

Clearly, it’s a complicated problem involving many interacting components. These interacting parts include the Earth system (and its billions of components), people (you and me), states and countries; organisations and institutions; unknowns; tradeoffs; winners and losers. We’ve spent decades of effort addressing this issue – including billions of dollars on research – and yet the problem of mounting levels of carbon emissions and accelerating environmental decline only seems to get worse. (Have you seen what’s happening in the northern hemisphere at the moment? And it’s only spring!)

Clearly, climate change is a big and complicated problem but it seems to me, having watched us deal with this challenge (and fail) over many years, what we’re not acknowledging is that it’s also a complex problem, and we’re not dealing with this complexity very well.

‘Complicated’ and ‘complex’ are words often used interchangeably but they are fundamentally different ideas. Do you know the difference? I’ll confess that for most of my life I didn’t.

So, what is complexity?

Complex systems scientists have been attempting to pin down what complexity is for decades. To me, most of their definitions are highly technical and only understandable by other complex systems scientists.

Here’s one commonly used definition set out by the famous evolutionary biologist Simon Levin in 1998 that encapsulates many of the ideas floating around complexity. It’s relatively short and sets out three criteria for defining a complex adaptive system. Complex adaptive systems have:

-components that are independent and interacting;

-there is some selection process at work on those components (and on the results of local interactions); and

-variation and novelty are constantly being added to the system (through components changing over time or new ones coming in).

Sounds straightforward but what does it mean and why is it important? Here’s how I attempted explain it in the book Resilience Thinking*.

Cogworld vs Bugworld

Consider these two situations: Cogworld and Bugworld.

Everything in Cogworld is made of interconnected cogs; big cogs are driven by smaller cogs that are in turn driven by tiny cogs. The size and behavior of the cogs doesn’t change over time, and if you were to change the speed of the cogs of any size there is a proportionate change in speed of other connected cogs.

Because this system consists of many connected parts some would describe it as being complicated. Indeed it is, but because the components never change and the manner in which the system responds to the external environment is linear and predictable, it is not complex. Really, it is just a more complicated version of a simple system, like a bicycle with multiple gears.

Bugworld is quite different. It’s populated by lots of bugs. The bugs interact with each other and the overall performance of Bugworld depends on these interactions. But some sub-groups of bugs are only loosely connected to other sub-groups of bugs. Bugs can make and break connections with other bugs, and unlike the cogs in Cogworld, the bugs reproduce and each generation of bugs come with subtle variations in size or differences in behavior. Because there is lots of variation, different bugs or subgroups of bugs respond in different ways as conditions change. As the world changes some of the subgroups of bugs ‘perform’ better than other subgroups, and the whole system is modified over time. This system is self-organizing.

Unlike Cogworld, Bugworld is not a simple system but a complex adaptive system in which it’s impossible to predict the emergent behavior of the system by understanding separately its component subgroups. It meets the three criteria outlined by Levin: it has components that are independent and interacting; there is some selection process at work on those components; and variation and novelty are constantly being added to the system.

Complicated vs Complex

In Cogworld there is a direct effect of a change in one cog, but it doesn’t lead to secondary feedbacks. The cogs that make up Cogworld interact but they are not independent, and the system can’t adapt to a changing world. Cogworld might function very ‘efficiently’ over one or even a range of ‘settings’ but it can only respond to change in one way – that is working all together. If the external conditions change so that Cogworld no longer works very well – the relative speeds of the big and little cogs don’t suit its new environment – there’s nothing Cogworld can do.

In Bugworld the system adapts as the world changes. There are secondary feedbacks – secondary effects of an initial direct change. The bugs of Bugworld are independent of each other though they do interact (strongly – though not all bugs interact with all other bugs).

In our Bugworld, if we attempted to manage a few of the subgroups – eg, hold them in some constant state to ‘optimise’ their performance – we need to be mindful that this will cause the surrounding subgroups to adapt around this intervention, possibly changing the performance of the whole system.

Ecosystems, economies, organisms and even our brains are all complex adaptive systems. We often manage parts of them as if they were simple systems (as if they were component cogs from Cogworld) when in fact the greater system will change in response to our management, often producing a raft of secondary feedback effects that sometimes bring with them unwelcome surprises.

The real world is a complex adaptive system. It is more like Bugworld than Cogworld and yet it seems most of our management, policy and leadership is based on a Cogworld metaphor.

The consequences of complexity

Complex adaptative systems are self-organizing systems with emergent properties. No-one is in control and there is no optimal sustainable state that it can be held in. These are just two of the consequences that fall out when you begin to appreciate what complexity is all about, and they are pretty important consequences if you reflect on it.

Our political leaders will tell you they are in control, and that they have a plan, a simple solution that solves the problem of climate change without anyone having to change the way they do things. This is the message that Australians have been hearing for the past decade from our (recently defeated) conservative government. But we grew skeptical of these claims as we saw our coral reefs bleach and our forest biomes burn.

Why is climate change so difficult to solve? Yes, it’s complicated with many interacting components. However, more importantly, it’s complex and complexity is something humans don’t deal with well (let alone understand).

As one piece of evidence on this, consider how we think about thinking. What’s the image that immediately comes to your mind? For most people it’s a set of mechanistic cogs encased in a head (like in our banner image this week). If you thought my ‘Cogworld’ was fanciful, how many times have you seen this representation of human thinking as mechanistic clockwork without questioning it. Because what you’re seeing is a representation of a complex system (you thinking) as a non-complex simple system (a set of cogs). The ‘cogmind’ is a fundamentally disabling metaphor.

And if you scale this up to the systems around us, how many times have you accepted that someone is in control, and that the answer is in just making the world a bit more efficient, a bit more optimal? How is that going for us at the moment?

Different priorities

If, however, we are living in a complex world, then maybe we should stop looking for the illusory optimal solution and start dealing the complexity in which we are all embedded. How is that done?

One set of ideas I have found helpful lies in resilience thinking. Rather than prioritising efficiency, command-and-control, reductionism and optimisation, resilience thinking encourages reflection, humility and co-operation, aspects on which I’ll expand in my next blog on complexity.

*Two decades ago I was asked by a group called the Resilience Alliance to write a book on resilience science. That book, co-authored with Brian Walker, one of the world’s leading authorities on resilience science, became the text Resilience Thinking. As I learnt about resilience science I discovered that it was all about dealing with complexity, an insight that transformed the way I understood the world.

Banner image: If you thought my ‘Cogworld’ was fanciful, how many times have you seen this representation of human thinking as mechanistic clockwork without questioning it. (Image by Pete Linforth from Pixabay)

Lies, damned lies and … Environmental Economics?

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A single LNG development in Australia could raise the global temperature by a tiny amount. Should it be allowed? What has the ‘economics of substitution’ got to do with it?

By Peter Burnett

People frustrated by weak government responses to the Paris Agreement (with its goal of limiting global warming to ‘well below’ 2° Celsius and ‘pursuing efforts’ to achieve 1.5°’), continue to look for ways to pressure governments for stronger action. One strategy is to challenge fossil fuel developments in court.

In the latest Australian challenge, the Australian Conservation Foundation (ACF) is challenging the federal approval given to Woodside Energy’s $16 billion Scarborough liquefied natural gas (LNG) project, off the Pilbara coast in Western Australia.

The formal basis for the challenge is, in essence, that Woodside obtained approval from the wrong federal regulator. Beyond that, it gets complicated. But it’s worth considering the details here because there are some very important principles at play.

Offshore Approvals and the Reef ‘carve-out’

Under Australia’s national environmental law, the Environment Protection and Biodiversity Conservation Act (EPBC Act) the federal environment minister would normally need to approve major developments such as Scarborough. However, in 2014, then environment minister Greg Hunt switched off this requirement for offshore projects by, in effect, accrediting the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to approve projects in his stead.

The basis for NOPSEMA’s accreditation is that its regulatory regime was assessed as meeting the requirements of the EPBC Act. But the accreditation had several ‘carve-outs’, including for projects likely to have a significant impact on the Great Barrier Reef (GBR). In other words, if a major offshore project was likely to have an impact on the GBR, then NOPSEMA could not approve it and the task but would revert to the minister for the environment.

ACF’s claim is that even though Scarborough is off WA, its total greenhouse gas emissions, especially the ‘scope 3’ emissions generated when the gas is burnt by overseas customers, will be so large that as to have a significant impact on the GBR, even though it lies on the other side of the country.

If the ACF win the case, this would trigger the carve-out and bounce the project back to Australia’s new environment minister Tanya Plibersek for a fresh approval process, something that could take years (which could well scuttle the proposal).

Overheating

An analysis by Climate Analytics found that the total emissions from the Scarborough project were just under 1.4 billion tonnes, three times Australia’s annual emissions. ACF argues that this will result in 0.000394 degrees of additional global warming that will harm the Reef.

Woodside may counter that this is not a significant impact, even on the back of existing emissions-driven climate change.

Is an extra 4 x 10,000ths of a degree significant? I think there is a good argument that when the GBR is already at a critical point, every additional measurable impact on the whole reef is significant. Keep in mind this is a single development which, by itself, has the capacity to create a measurable global temperature increase (at a time when the world is already overheating).

A second likely defence argument will be that 1.4 billion tonnes is a gross figure, which would be offset significantly, if not completely, by various factors, including that gas from Scarborough, relatively low in carbon intensity, will displace other fossil fuels with significantly higher carbon intensity. This is the ‘market substitution’ argument.

We have been here before. In 2015, environment minister Greg Hunt used a similar argument in successfully defeating ACF’s challenge to Adani’s huge Carmichael coal mine in Queensland. The Federal Court upheld the minister’s decision at both first instance and on appeal.

So, if this argument has failed before, why run it again?

Will the market substitution argument prevail?

The basic argument may be the same, but the legal context is different, notwithstanding that both cases concern the application of the EPBC Act. In the Carmichael case, the relevant arguments revolved around the meaning of certain words in the Act, including ‘relevant impact’.

However, the appeal judges did say that their decision was made on the basis of the particular arguments which ACF had put; they dropped a hint that a different argument might have led to a different result. With so much at stake, this alone is enough to make one think it was worth having another go at the market substitution argument.

I don’t know what arguments ACF and their lawyers have in mind this time around, but the Scarborough case turns on some different legislative words, especially on what is a ‘significant’ impact, as distinct from the meaning of ‘impact’ itself.

In this slightly changed context, I think the economic substitution argument could be attacked from a different angle to the one used in Carmichael. It goes like this:

If the total emissions from the Scarborough project, including scope 3 emissions, are ‘likely to have a significant impact’ on the GBR, the current approval from NOPSEMA is invalid and Woodside must refer the project afresh to Minister Plibersek.

Notwithstanding that significance must be decided on the basis of a likely net, rather than gross emission increase; the likelihood is that each of the factors said to offset the gross impact does not, on balance, reduce the gross figure significantly, for the following reasons.

Even if gas from Scarborough has a much lower carbon content than the fuel currently consumed by Scarborough’s customers, it is not enough to find that this low carbon gas would displace high carbon fuel for these customers. Rather, to achieve a net reduction, the high carbon fuel must be displaced from the entire market — ie, it must be likely that it will be left in the ground.

This is because, prima facie, if supplies of a fossil fuel are displaced by an alternative, basic economics (the principle that markets ‘clear’) suggests that the displaced fuel will be sold elsewhere, even if this requires a price reduction. This is especially true given that the global market for fossil fuels continues to grow, despite a Covid19-induced dip.

Then there is the policy argument, that because many countries have adopted Paris targets such as ‘net zero by 2050’, emissions from Scarborough will be offset by reductions that are driven by these targets.

Even if countries delivered on such targets in full and the 1.5° goal were achieved, the reef would still be under significant threat and Scarborough would still exacerbate that threat.

However, countries are not on a global trajectory for anything like 1.5°, so the backdrop to Scarborough’s impact is closer to a 3° increase. Worse, many countries have a history of promising more than they deliver, in some cases adopting targets that are little more than aspirations.

Finally, there is the argument that technological change will drive major emissions reduction through the shift to renewables. This is valid in some countries, but, globally, the renewables shift is more than offset by global increases in demand: otherwise, global emissions would not continue to rise.

At the end of the day, unless there is evidence that gas from Scarborough is leading directly to high-carbon fuels being left in the ground, the supposed offsets look rather vague at best, leaving it likely that Scarborough’s net emissions will be similar to its gross emissions.

Where are we headed with this?

I wouldn’t like to predict where the Federal Court will land, but I do think it is possible that the market substitution argument, at least under the EPBC Act, will prove to make little difference.*

If I were the federal government I would deal with cases like this by moving quickly to legislate a comprehensive climate policy regime, not to mention a wider and contemporary environment protection regime as recommended by the 2020 Samuel Review.

I would be thinking that it is better for governments to get on the front foot rather than risk the unpredictable results that can follow when people are driven to litigation by their frustration with outdated or missing laws.

*I know the argument has been rejected by the Land and Environment Court in NSW in the Gloucester Resources case (Rocky Hill). But the Court there had the power to review the decision on the merits, which makes a big difference, for reasons too complicated to explain here.

Banner image: New research shows global warming of 1.5°C relative to pre-industrial levels will be catastrophic for almost all coral reefs – including those once thought of as refuges. Should any new fossil fuel developments be approved in such a time? (Image by Maria Beger)

Why can’t we fix this? Because it’s complex

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By David Salt

If you could go back in a time machine some 20 years, what would you tell a younger version of yourself about climate change and how the world has responded to it in the last two decades?

Back from the future

“Well, young David, you know how many people are talking about climate change; and how scientists are forecasting horror weather, ecosystem collapse and mass climate disruption if we do nothing about our carbon emissions? Well, guess what? I’m from your future, from 2022, and you know what we did? We did nothing!

“And the scientists were right. We’re now experiencing horror weather, ecosystem collapse and mass climate disruption.

“Of course, it’s unfair of me to say we did completely nothing. In the past two decades there’s been heaps of talk, research and many agreements signed. And many of us now have photovoltaics on our rooftops.

“The scientific consensus on climate change has only firmed since the year 2000, and there have been efforts in various places on ways of reducing carbon emissions.

“However, by and large, atmospheric concentrations of greenhouse gases like CO2 and methane have steadily, remorselessly, built up. (In 2000 we were around 370 parts per million CO2, in 2022 we’re over 412 ppm, over a 14% increase.)

“Here are few ‘milestones’ that you might want to reflect on from the past two decades (that’s the next 20 years from where you’re standing).

“As you know, there had been multiple international scientific consensus reports on the biophysical reality of climate change, most notably the IPCC reports of 1990, 1995 and 2001. These set out the very clear case for the scientific basis of the changes happening to the Earth system and what this meant for us, but they were quite ‘sciency’, bloated with technical jargon and largely discounted by the politicians.

“Then, in 2006, the UK released the Stern Review on the Economics of Climate Change. It was significant because it was the largest and most authoritative report of its kind setting out the dire consequences for civil society. It found that climate change is the greatest and widest-ranging market failure ever seen, presenting a unique challenge for the world. The Review’s main conclusion was that the benefits of strong, early action on climate change far outweigh the costs of not acting.

“I’m telling you this, young David, because at this time (still six years in your future) it looked like all the political ducks were lining up for strong action on climate change.

“In 2007, Australia elected in a new government led by Kevin Rudd who declared that ‘climate change was the great moral challenge of our generation’ and proposed a comprehensive policy called the Carbon Pollution Reduction Scheme (CPRS) that would put a cap on Australia’s carbon emissions. It would have placed Australia at the vanguard of global climate action.

“I have to say, young David, that up until this time I had begun to despair that any of our political leaders were going to do the right thing. And then Rudd stood up and said this was too important not to do something, we couldn’t abrogate our responsibility to future generations. I felt hope.

“But then the opposition conservative party decided to turn climate change into a divisive political battle, and the Greens said the CPRS wasn’t strong enough and voted against it… and the CPRS failed to pass through Parliament.

“And then Rudd said ‘Ah well, it’s too difficult to get through so we’ll park the CPRS and revisit it sometime down the line.’

“This moment is several years in your future, young David, but, mark my words, when you reach it your illusions that climate change is a tractable issue capable of being solved by good science and well-meaning people will be shattered. And it will be a significant moment in which you begin transforming into me, grumpy old David.

“Because you believed Rudd when he said this was the most important issue of our time. And you stopped believing him when he threw it to the side. (I note his party stopped believing in him after this, too.)

“And then I watched in horror as climate denialism started taking centre stage, populism trumped informed debate and the costs of acting were overhyped in order to prevent any meaningful action being taken. Stern’s mantra of ‘early action on climate change far outweigh the costs of not acting’ were completely forgotten in the political shit storms that followed.

“And then the Great Barrier Reef started bleaching (2016), our forest biomes went up in flames (2019) and historic floods devastated the nation (2022). The most common adjective being rolled out in all these disaster stories is ‘unprecedented’ because the past is no longer a guide to what we can expect.

“In 2022 (the year in your future from which I return) the whole world is enduring ongoing climate catastrophes. India and Pakistan have just suffered their longest and most intense heat wave resulting in crop failures. Europe is reeling under the ‘unprecedented’ heat and the fires are expected soon. In the United States an ‘unprecedented’ drought is crippling the water supplies of their western cities. Many of our small island Pacific nations are facing an existential crisis as rising seawaters lap at their doors. And everyone everywhere is going a little bit crazy.

“And, young David, this is not ‘a new normal’. This is only the start of the warming that scientists were describing two decades (and more) ago, with some accuracy I might add. Yet still our political leaders allow today’s ‘sunk investments’ in fossil fuels to delay our actions.

“Oh, and speaking of investments, young David, one last thing before I’m back to the future; buy as much stock as you can in Apple and Facebook. But don’t tell anyone I told you, otherwise I’ll be in big trouble with the mechanic who runs the space-time continuum.”

It’s complex

So, what’s the point of this little thought exercise (above and beyond a reflection on my earlier poor investment choices)?

In recent weeks, Australia has been gripped by an energy crisis – not enough affordable energy to power the system at the beginning of a cold winter. Experts from across the energy spectrum have commented on the causes and solutions to this crisis, always noting they are complex and not quickly solved. In response, many people have accused the experts of obfuscating and hiding behind the idea of ‘complex’. Just tell us how to fix it, they cry.

But it’s true, I thought. It is complex. You can’t solve this energy crisis with simple and easy fixes. You increase energy supply here, and you throw out the system over there. Simple fixes to complex problems inevitably create bigger problems down the line or on the other side of the continent.

And the energy problem is only a small part of the bigger climate change issue, which is complex times complex. Greenhouse gas emissions are embedded in our energy, our food, our transport, in everything.

And yet, again, our political leaders tell us there is a simple solution, just vote for us. Anyone who acknowledges it is a complex problem with complex solution will be torn to shreds by the opposing party when they go for election. The costs to the present status quo (based on fossil fuel dependence) will outweigh calculations on future sustainability.

Stern’s claim that the “benefits of strong, early action on climate change far outweigh the costs of not acting” are valid, but completely lost in the complex world in which we live.

In some ways I’m feeling like it’s 2007 again. We have just elected a new government promising action on climate change and hopes are high. But I fear we’re still not engaging with the complexity of this challenge.

If I could turn back time, this is what I would be trying to tell our political leaders. Don’t treat climate change as a simple problem. It’s not. It’s complex. And complexity means you need to acknowledge connectivity between sectors, path dependency, non-linearity and threshold behaviour in key variables. All themes which I will discuss in up-coming blogs.

I titled this essay ‘Why can’t we fix this? Because it’s complex.’ Another way of framing that is encapsulated in the quote: “For every complex problem there is an answer that is clear, simple, and wrong,” (HL Mencken).

I believe climate change is a challenge that can be resolved, but only if we acknowledge that it really is a problem of complexity.

Banner image: Quick Young David, there’s not a moment to lose. The very future is at risk! (Image by Danny Springgay from Pixabay)

Our new environment super-department sounds great in theory. But one department for two ministers is risky

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By Peter Burnett

Good news, Australia – the environment is back. Our new government has introduced a new super-department covering climate change, energy, the environment and water.

But while the ministry move sounds great in theory, it’s risky in practice. Having one super-department supporting two ministers – Tanya Plibersek in environment and water, and Chris Bowen for climate change and energy – is likely to stretch the public service too far.

If a policy area is important enough to warrant its own cabinet minister, it also warrants a dedicated secretary and department. This is especially true for the shrunken environment department, which has to rebuild staff and know-how after having over a third of its budget slashed in the early Coalition years.

Supporting two cabinet ministers stretches department secretaries too thinly. It makes it hard for them to engage in the kind of deep policy development we need in such a difficult and fast-moving policy environment.

What are the politics behind this move?

Tanya Plibersek’s appointment last week as minister for the environment and water was the surprise of the new ministerial lineup.

Even if Plibersek’s move from education in opposition to environment in government was a political demotion for her, as some have suggested, placing the environment portfolio in the hands of someone so senior and well-regarded is a boon for the environment.

Having the environment in the broadest sense represented in Cabinet by two experienced and capable ministers is doubly welcome. It signifies a return to the main stage for our ailing natural world after years of relative neglect under the Coalition government.

It also makes good political sense, given the significant electoral gains made by the Greens on Labor’s left flank. While ‘climate’ rather than ‘environment’ was the word on everybody’s lips, other major environmental issues need urgent attention. Threatened species and declining biodiversity are only one disaster or controversy away from high political urgency.

When released at last, the 2021 State of the Environment Report will make environmental bad news public. Former environment minister Sussan Ley sat on the report for five months, leaving it for her successor to release it.

Now comes the avalanche of policy

Both ministers have a packed policy agenda, courtesy of Labor’s last minute commitment to creating an environmental protection agency, as well as responding to the urgent calls for change in the sweeping [2020 review] of Australia’s national environmental law (https://epbcactreview.environment.gov.au/resources/final-report).

That’s not half of it. Bowen is also tasked with delivering the government’s high-profile 43% emissions cuts within eight years, which includes the Rewiring the Nation effort to modernise our grid. He will also lead Australia’s bid to host the world’s climate summit, COP29, in 2024, alongside Pacific countries.

Plibersek also has to tackle major water reforms in the Murray Darling basin and develop new Indigenous heritage laws to respond to the parliamentary inquiry into the destruction of ancient rock art site Juukan Gorge by Rio Tinto.

Can one big department cope with this workload?

Creating a super-department is a bad idea. That’s because the agenda for both ministers is large and challenging. It will be a nightmare job for the department secretary tasked with supporting two ministers. It’s no comfort that the problem will be worse elsewhere, with the infrastructure department supporting four cabinet ministers.

Giving departmental secretaries wide responsibilities crossing lines of ministerial responsibility encourages them to reconcile policy tensions internally rather than putting them up to ministers, as they should.

The tension between large renewable energy projects and threatened species is a prime example of what can go wrong. Last year, environment minister Sussan Ley ruled a $50 billion renewable megaproject in the Pilbara could not proceed because of ‘clearly unacceptable’ impacts on internationally recognised wetlands south of Broome.

Ley’s ‘clearly unacceptable’ finding stopped the project at the first environmental hurdle. That’s despite the fact the very same project was awarded ‘major project’ status by the federal government in 2020.

The problem here is what might have been the right answer on a narrow environmental basis was the wrong answer more broadly.

If Australia is to achieve its potential as a clean energy superpower and as other renewable energy megaprojects move forward, we will need more sophisticated ways of avoiding such conflicts. This will require resolution of deep policy tensions – and that’s best done between ministers rather than between duelling deputy secretaries.

Super-departments also struggle to maintain coherence across the different programs they run. While large departments bring economies of scale, these benefits are more than offset by coordination and culture issues.

An early task for Glyn Davis, the new head of the prime minister’s department, will be to recommend a secretary for this new super-department of climate change, energy, the environment and water. In addition to the ability to absorb a punishing workload, the successful appointee will need high level juggling skills to support Plibersek and Bowen simultaneously.

Ironically, in dividing time between two ministers, she or he will be the least able to accept Plibersek’s call for staff of her new department to be ‘all in’ in turning her decisions into action.

Peter Burnett, Honorary Associate Professor, ANU College of Law, Australian National University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

(Banner image of two king parrots by David Salt)

Bringing ‘the environment’ in from the cold

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By David Salt

‘The Environment’ is a tricky portfolio for any incoming minister.

The truth is, both major political parties are shy when it comes to campaigning on big environmental reform. Big reforms are very expensive, easily attacked (there are always lots of potential losers), difficult to implement in single terms of government and the implementing party doesn’t get rewarded at subsequent elections as there is rarely a large dividend for individual voters.

Consequently, the majors usually play a small target game when it comes to campaigning on the environment – say enough to suggest you’re concerned about the environment but don’t commit to too much. The aim is to differentiate yourself from the other team without raising the debate to such a level that people might start looking closely at what you’re actually proposing.

Consider how the outgoing conservative government campaigned on the environment when it was seeking to take government 9 years ago, and then how it performed. Back in 2013 the conservative party (the Liberal National Party, then in opposition) placed its focus on saving threatened species because the Labor Government was turning its conservation efforts towards a more holistic landscape focus.

Putting those plans into action

Back then Greg Hunt, the shadow minister for the environment, loudly trumpeted that his party would never turn its back on a threatened species, that his party would take positive action when it came to saving endangered animals. I remember him saying while Labor was happy to leave recovery plans up on the shelf, the conservatives would get those plans down and put them into action.

In many ways this suited the action orientated, anti-bureaucracy, managerial approach of the Abbott conservatives, in which they placed a tight focus on parts of the environmental challenge while ignoring the bigger picture.

As a campaign tactic it played well. It gave the conservatives a respectable fig leaf of environmental credibility; they hadn’t committed to too much; and it was different to Labor’s approach. When coupled with their intention to ‘axe the [carbon] tax’, deploy a green army and plant 20 million trees, the conservatives had an environmental strategy to bat away all probing questions. They went on to win that year’s election.

They didn’t win because of the brilliance of their environmental plan. That wasn’t the point; their plan was to neutralize the environmental debate at no net cost, enabling them to take up the fight to the Labor government on a number of other fronts.

Once in office they threw a few pennies towards threatened species research and management while gutting the environment department as a whole. They did their best to not talk about biodiversity conservation at all (the term literally slipped from view) while attempting to reduce the legal checks and balances surrounding development approvals that harmed biodiversity.

Nine years into their term of office and the pennies spent on threatened species research came to an end. The Threatened Species Recovery Hub was closed down despite the problem of threatened species only growing (in some cases accelerating).

While I’m talking about the last government, which has now left office, this is not ancient history. A couple of months ago, just before the election, the environment minister Sussan Ley scrapped the requirement for recovery plans for 176 threatened species and habitats. The move was quietly published by the environment department after the election was called in April. (Ms Ley made the decisions despite a government call for feedback receiving 6,701 responses, all disagreeing with the proposal.)

Book ends to a sad saga

While possibly a minor note in the symphony of neglect and vandalism that characterized the conservative government’s approach to the environment, the saga of recovery plans for threatened species is significant for two reasons.

First, it provides symbolic bookends to their nine years in office. They began in 2013 by trumpeting their superior management would see recovery plans put into action so real conservation outcomes would be realized. They finished in 2022, having gutted the environment department’s capacity to even produce recovery plans (recovery plans for many species were years overdue), by simply scrapping the requirement for those plans. It’s hard to get more cynical than this.

It’s also an important story because it shows how difficult it can be to campaign on the environment. People care about threatened species and habitats, but they vote on cost of living and perceptions on who is the strongest leader. The conservative’s campaign on threatened species was as cynical as it was hollow. It was cobbled together to provide the impression they were doing something on the environment, but they knew that when their approach was shown to be false the electorate would have moved on to focus on other issues.

In a sense they were right. The electorate still worries about threatened species but its attention has been grabbed by unprecedented wildfires, mass coral bleaching of the Great Barrier Reef and floods. Accelerating environmental decline has become the new normal and the electorate has lost faith in the government’s ability to deal with it. The fact that Sussan Ley refused to release the latest State of the Environment Report (which was available months before the election) only heightened our concern.

Of course, the conservatives were defeated last month for a raft of reasons, with climate denialism, contempt for women, and a lack of integrity high on the list.

The Labor opposition played a small target campaign on many issues and especially on the environment. As things have turned out, it looks like this was a clever course to take. Having won office, however, what now?

Demoted to the environment

As the ashes begin to settle following their victory, the familiar game of ‘new government’ begins to play out. The broken defeated conservative party turns on itself; the new Labor government discovers the old government have left many nasty undisclosed secrets lurking in the books; and positions of power are divvied out.

One ‘surprising’ ministerial appointment was making Tania Plibersek the Minister for The Environment. Regarded by many as one of the new government’s star performers, Ms Plibersek had been the Shadow Minister for Education and was expected to keep this responsibility moving into government; indeed, it was her stated preference. Many media commentators suggested the switch to environment was a ‘demotion’.

As a ministerial posting, why would education be seen to be more important than the environment? To put it crudely, because the department of education commands more money as a policy area, and education probably influences more direct votes than the environment; and money and votes equals more power.

Personally, I’m delighted someone as talented and capable as Ms Plibersek has been given the responsibility for the environment, but the very framing of the position as ‘a demotion’ says a lot about how ‘the environment’ plays in politics. To coin an economic idea, the environment is too often seen as an externality to political life, it’s not part of the core business.

In from the cold

As an externality, the major parties will always be keen to downplay big environmental reform ideas because rocking the boat is simply unacceptable in a political campaign. (Witness the blowback from a price on carbon for the Gillard government.)

The solution is to bring the environment in from the cold, to connect it to the numbers that politicians see as central to what voters think is important.

One way of doing this is by developing environmental accounts that are incorporated into the economic national accounts that sit at the heart of so much political debate; to capture the environmental externality and bring it inside the tent.

Another way this might happen would be to have a trusted, transparent and independent office overseeing all development applications where there is an environmental impact.

How will we know that the environment has been brought in from the cold? We’ll know when the next ‘surprise ministerial posting’ to the environment is described as a promotion.

Banner image: Image by Eduardo Ruiz from Pixabay

A new government and a new environment minister – what now for Australian environmental policy?

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By Peter Burnett

So Australia has a new Labor government, having secured its win on the back of a ‘small target’ strategy that meant saying as little as possible about substantive policy (including on the environment).

That’s nice for them, but what now for the environment itself, especially since Labor’s intended environment minister, Terri Butler, lost her seat to a Green?

Before I get to that, a little more on the environmental implications of the election results.

Despite both major parties largely ignoring the environment (see my last blog), it was quite a ‘green’ election, with the Greens picking up three inner-city Brisbane seats in the lower house to add to their base of just one, while also jumping from nine to 12 seats in the Senate, a 33% increase.

More than this, there was a ‘Teal wave’ in the lower house, with five supposedly-safe ‘blue-ribbon’ Liberal Party seats falling to pro-climate-change ‘Teal’ Independents, joining Zali Steggall and several others to create a loose pro-climate cross-bench ginger group of up to nine.

Meanwhile, the Senate, with the addition of Canberra-based Independent David Pocock, now has a pro-climate majority.

Together these changes represent a major shift in favour of environmental action. (I’m going to assume that the pro-climate MPs will be generally pro-environment, although the degree to which this is ‘on the record’ varies between these MPs.)

While it’s hard to divine the reasons for this shift, I’ll go with conventional wisdom for the moment, which is that our recent horror years of drought, fire, smoke, storm and flood have brought climate change in particular into the homes many millions of Australians, literally.

Policy on the record

Until just before the election, Labor had well-developed policies on climate and water, but a small grab-bag of policies on the rest. At the last minute, Labor released a policy on environmental law reform, in the context of the previous government’s failure to table a full response to the 2020 Samuel Review of Australia’s national environmental law, the Environment Protection and Biodiversity Conservation (EPBC) Act.

Labor promised a full response to the Samuel Review, but in the meantime says they will establish an independent Environment Protection Agency. The agency will have two roles, one concerned with gathering and analysing environmental information and the other focused on compliance with environmental regulation and assurance that environmental standards are being met.

Labor highlights that, as well as being a custodian for national environmental information, the EPA’s data division will take a ‘leadership role’ in environmental accounting. This is a welcome and overdue development for a decision tool that remains largely unrecognised.

Policy off the record

While Labor lifted its game at the last minute with its environmental law reform policy, they can hardly be said to be environmental-policy high performers.

Their ‘43% by 2030’ climate target, while a significant advance on the ‘26 to 28%’ target of the outgoing government, is still much criticised as falling well short of what the Paris target of ‘well below 2 degrees’ requires.

And the environmental law reform commitment remains, for the most part, a commitment to come up with answers rather than an answer in itself. Once the new government starts work on fleshing its policy out, they will find that the job requires much more than just a streamlining of environmental regulation and some extra money for a resource-starved department.

The really big challenges are a lack of clarity and ambition about environmental outcomes and a major under-investment in environmental restoration.

While the Paris targets and our ‘Net Zero by 2050’ commitments provide a clear policy objective for climate policy, the same cannot be said for other areas, biodiversity in particular.

Australia (and almost everyone else) has failed to engage seriously with international targets based on halting and reversing biodiversity decline and our existing domestic biodiversity policies are either meaningless waffle or non-existent.

And our data is so poor that even the experts find it hard to tell us what a policy to halt biodiversity decline would look like on the ground.

Our history of policy failure to date suggests strongly that if reversing biodiversity decline is to be the goal, major institutional change and major investment in environmental restoration will be needed, far beyond anything seen to date.

And the new minister?

The good news is that Tanya Plibersek has been appointed environment minister in the new government. Announcing her appointment, the Prime Minister said Ms Plibersek had a long-term interest in the environment and would be ‘outstanding in that area … particularly in the area of the Murray Darling Basin Plan … it’s very important that that actually get delivered.’

Ms Plibersek is a very experienced and capable operator with previous ministerial experience. She is often spoken of as a future leader and has political heft.

The bad news is that her challenge is not simply to be a political success in the role, nor even to deliver real progress on the ground. The real challenge is to lay the foundations for ongoing success, against a backdrop in which the goal-posts, thanks to climate change, keep moving further away.

Tanya Plibersek will need all her considerable skill and experience, and a significant dollop of Parliamentary and stakeholder goodwill, if she is to have any prospect of meeting this daunting challenge.

We wish her luck.

Banner image: The Australian numbat, now listed as Endangered. Widespread clearing of their habitat and predation by feral animals have led to their steep decline. Arresting the collapse of our biodiversity is just of several major environmental challenges Australia’s new government needs to tackle. (Image by Seashalia Gibb from Pixabay)

In the war of the colour chart, where lies the colour of resilience?

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By David Salt

If you were trying to explain Australian politics to an outsider (an alien or an American, for example), you could do worse than falling back on a colour chart synthesis.

Australia has two major political sides, a red team and a blue team.

The red team is called Labor and supposedly places priority on workers and organisations that represent workers. Red might represent the colour of the blood that flows through the veins of the good honest wage earner.

The owners of the businesses that benefits from the toil of these honest workers believe the blood that flows in their veins is blue. Their political allegiance is to the idea of freedom and letting businesses and markets decide on priorities and that government should be kept small. They call themselves Liberals and their colour is blue.

But there are a couple of other teams we need to mention up front.

There’s also a party that claims its mandate is based on standing up for the people of regional Australia – farmers and miners on the whole – these are honest hard-working folk with strong roots in the soil. They’re a little red because they expect government to support them in the regions but more blue because they don’t like being told what to do. They call themselves the National Party, and I’m naming them ‘team brown’ after the dirt they toil over (even though their official colours are green and yellow).

Then there are the greens. No prizes for guessing what they stand for – it’s the environment. They want strong government regulation (or, as the blues and browns say, ‘pesky government interference’) on climate change, pollution and conservation. They are more aligned with the reds than the blues, and the browns largely hate them because they represent ‘government telling them what to do’.

Every three years Australians vote for someone in their region to represent them in our national government. These candidates largely come from the red or the blue team (though the blues have been in coalition with the browns for as long as anyone can remember) and Australia has always been ruled by the red team or the blue/brown team.

What else do you need to know? Well, you should be aware that all adult Australians have to vote (no discretion there) and that we have an independent organization that oversees the electoral process (the Australian Electoral Commission). This is important because Australians trust our electoral process and always accept the people’s verdict (I’m looking at you Mr Trump). Whenever the people choose the other side to govern, there is always a smooth transition of power. This is something the nation is very proud of.

Business as usual

Why am I telling you all this? Well, if you’re from another planet (or the US) you might be a little confused at how we’re responding to multiple environmental crises engulfing Australia (and the world).

Our coral reefs are bleaching, forest biomes are burning and low land communities are flooding. Climate change is exacting a horrible and growing toll on our nation (and the poor are copping it the worst), we have a very strong scientific consensus on what we need to do to address the problem (ie, reduce greenhouse emissions) yet our national government (which until last week was blue/brown) has been steadfast in its opposition to do anything about climate change. Many of its members are in strong denial that climate change is even real.

Whenever a proposal comes up to make a change to our economy to reduce greenhouse emissions, the government scares people about the cost of that change (without reflecting on the larger cost of not changing). This is exactly what happened at our last national election (in 2019, the same year of the Black Summer that scorched Australia’s eastern seaboard).

Over the last three years since then, our blue/brown government has done little about climate change while at the same time ignoring growing calls for an independent commission on integrity, turning its back on the pleas of our First Nations people for voice in our constitution, and largely ignoring cries from women everywhere for respect and agency.

Over the past six weeks the country has been dragged through an election campaign in which the blue/brown party claimed they should be re elected because the world was becoming too dangerous to trust anyone but them to lead us forward. It’s a powerful message that always favours the incumbent. They said they had a plan though few people knew what it was beyond keeping things the same.

The red party also they said they had a plan – a plan for change. But because they got beaten up at the last election over the cost of change, at this election the change they detailed was very small (a small-target campaign).

This left many people very depressed because both parties were saying the world was increasingly dangerous and that they had a plan, but both plans didn’t involve much change.

A new colour?

In many cities around Australia there were many people who normally voted blue who no longer trusted the blue party because they seemed to be ignoring growing calls for action on climate change and greater integrity in government. It seemed the blues were hostage to the demands of the right-wing conservative browns (the junior partners in government).

These disenchanted blue voters were reluctant to vote red but even more loathe to support the greens (often portrayed as fanatical and uncompromising in their zeal for environmental reform). However, they were damned if they were going to support the blues anymore.

Independent candidates (people with no specific colour preference) have long been a component of Australia’s political scene but they appear spasmodically and normally campaign on a limited range of issues in specific regions. They occasionally exert considerable influence when they hold the balance of power but they usually disappear after one or two terms. They normally get in because they have good grass-root connections with the communities they seek to represent.

In the lead up to our most recent election, however, something unprecedented occurred. High profile community-based independents stood for office in a range of blue seats in cities across Australia. They were almost all women with strong professional backgrounds, and would likely have been blue supporters in the past.

They became known as the teal independents, teal* being a shade lying between blue and green. And they proved phenomenally successful at the weekend’s elections knocking off some of the blue’s most high-profile candidates including the former treasurer (who had been touted as the next blue leader).

The colour of resilience is teal

Indeed, the ‘teal revolution’, as some have dubbed it, may go down in Australian political history as the day our political leaders finally heard the message resonating through the broader community: we want real action on climate change, and we want integrity in our political leadership. No more lies, denial and corruption; no more kow-towing to the fossil-fuel industry (listening to political donors rather than electors).

Though the counting still continues, it looks like Labor (the reds) will have a workable majority and can form government in its own right. However, they know they can’t ignore the broader community’s wishes on environmental reform and integrity. If they do they risk a similar revolt as with the teals (maybe a rufous rebellion). The Australian electorate now knows it can’t be ignored.

The blues, being overly influenced by the browns, thought they could ignore the wishes of electorate. They thought they could trounce the reds while laughing at the greens because they believed a sufficiently frightened public would shy away from change, stick with a status quo no matter how inadequate. The teals appeared as if from nowhere and proved them dead wrong.

Our now defeated former Prime Minister, a man without a moral compass and a prolific liar (according to his own party colleagues), often spoke about making Australia more resilient. By bowing to the browns he prevented meaningful change, and actually helped make the country less resilient. Perversely in terms of what he intended, his actions directly contributed to the rise of the teals and the destruction of his own party.

Resilience is all about changing as the world changes.

If resilience has a colour then it has to be teal.

*Teal is a cyan-green color. Its name comes from that of a bird — the Eurasian teal (Anas crecca) — which presents a similarly colored stripe on its head.

Banner image: The Eurasian teal (Anas crecca) from Mangaon, Raigad, Maharashtra, India. (Photograph by Shantanu Kuveskar. This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International license.)

It’s election time! For one party the environment is not a priority. For the other, it’s not something to talk about.

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By Peter Burnett

With Australia heading to the polls at the end of this week, what better time to look at election policies on the environment, especially those of the two parties capable of forming government: a re-elected Coalition, or Labor?

Climate gets the lion’s share of environmental attention these days, so I’ll focus on the rest, but I can’t resist a couple of quick comments on climate before doing so.

First, both major parties have committed to net zero by 2050, but Labor is more ambitious in the short term, with a 2030 target of 43% (adopted in 2021), compared to the Coalition’s target of 26-28% (adopted in 2015).

Second, the issue is not just the target but whether there’s a credible path to achieving it. I’ve already criticised the government for tabling a plan for its new 2050 target without any new policy to go with it.

As for Labor, they don’t have any measures for getting to zero by 2050 either, though they have supported their ‘43% by 2030’ target with policies and modelling.

Whoever wins government, they’ll need to get cracking on post-2030 policy, as 2030 is less than eight years away and climate is by far the biggest challenge for governments since World War II.

As to environmental policy on everything else, it boils down to ‘not a focus for us’ vs ‘not telling’. Let me explain.

The Coalition on the Environment

The Coalition at least has a policy, but that’s the high water mark of my compliments.

Climate aside, three things stand out.

First, for a party that likes to claim the mantle of being the best economic managers, they are heavily into creative accounting. A number of the claims in the Coalition policy contain big numbers, such as the claim that they are investing $6 billion for threatened species and other living things, but they puff these up by counting past spending and/or projecting a long way forward.

I’ve criticised this practice as ‘disingenuous bundling’. Certainly, one of the headline policies, ‘$1 billion for the Reef’ represents little more than business as usual.

The second stand-out theme is making a virtue of necessity. The Coalition has a reasonable policy on waste and recycling. And they quote the Prime Minister himself as arguing that ‘It’s our waste, it’s our responsibility’.

The back-story however is that we used to ship a lot of domestic waste to China, but they banned this from 2018. In reality, we had no choice but to fix the problem.

Again, the Coalition policy recites money spent on bushfire recovery and flood response, but practically speaking they had no choice in this. Hardly inspiring.

Finally, they tell you that they have put another $100 million into the Environment Restoration Fund. I’ve criticised this elsewhere as pork-barrelling.

All in all, if you ignore the pork, necessary disaster-response and the smoke and mirrors, it’s pretty much an empty box, though freshly wrapped.

Labor on the Environment

While the Coalition reached for the wrapping paper, Labor have gone for ‘keeping mum’.

Pursuing a small-target strategy overall, but forced by circumstance to engage with the high political risks of climate policy, Labor have gambled that they can run dead on the rest.

They have released a few topic-specific policies. Labor will double the number of participants in the successful Indigenous Rangers program and spend $200m on the Great Barrier Reef, on top of the Coalition’s $1 billion by 2030. They’ll also spend $200m on up to 100 grants for urban rivers and catchments.

A little more significantly, Labor’s Saving Native Species Program commits $224.5 million over four years to preparing overdue species recovery plans and investing in the conservation of threatened species, especially the koala.

Like the Coalition, however, Labor likes to make virtue out of necessity: more than 10% of this money goes to fighting Yellow Crazy Ants in Cairns and Townsville.

All of this is at the margins.

But on the big issues … silence.

What of the 2020 review of Australia’s national environmental law by Professor Graham Samuel? What about the ongoing decline identified by successive State-of-the-Environment reports?

Labor’s website cheerily tells us that: ‘Labor will commit to a suite of environmental policies that continues Labor’s legacy on the environment, and we’ll have more to say about this over the coming weeks’ (my emphasis).

Well, if the ‘coming weeks’ refers to the election campaign, time’s up.

And the winner is …

If you are looking to the major parties for vision and boldness on environmental policy then, with the possible exception of Labor’s climate policy, you’re destined for disappointment.

The Greens are always strong on environment, and have some well-founded hopes of winning an extra seat or two, so they are a definite option for environmentally-concerned voters.

With minority government a real possibility and the major parties reluctant to associate with the Greens, it’s the ‘Teal’ and other climate-focused independents like David Pocock in the ACT (collectively, ‘Teals’ for short) who look to have the most potential to up the ante on the environment.

Standing mostly in well-off inner-city seats and blending liberal blue with environmental green, the Teals may find themselves holding the balance of power, at least in the Senate and possibly in the House of Representatives as well. While climate is clearly their focus, I’d expect the Teals to push strong environmental policy generally, if the chance comes their way.

Teal anyone?

Banner image: Look closely at what both major parties are offering on the Environment and there’s nothing to get excited over. (Image by yokewee from Pixabay)

Wanna save Planet Earth? Try ‘thinking slow’. In praise of Daniel Kahneman

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By David Salt

Why do simplistic three-word slogans have such cut through? Why does incumbency give a political party such an advantage? Why does a simple lie so often trump an inconvenient and complex truth?

The answers to these questions (and so many other mysteries surrounding the way election campaigns are run) lies in the way we think. And one of the finest minds alive today who has devoted much of his life on trying to understand how we think is a psychologist named Daniel Kahneman.

Kahneman, a Nobel Laureate in Economics, distilled the essence of his research on how we think in a book called ‘Thinking, fast and slow*’. It’s around 500 pages long and quite dense in parts as Kahneman explains how he and colleagues** rigorously tested many assumptions on how humans think and make decisions. There’s a lot of detail presented, and I’m not saying it’s an easy book to take in; however, if you have any interest in how our inherent biases distort our decision-making processes then this is a must read.

In a nutshell, Kahneman describes how ‘fast thinking’ is what we do intuitively, almost thinking without thinking. ‘Slow thinking’ is when we analyse the information we’re processing. It takes time (hence it’s ‘slow’) and, most importantly, it takes considerable mental effort. Slow thinking helps us correct the biases inherent in our fast thinking but because slow thinking is hard, our brain often gives up on it because it takes too much effort. When this happens, we default back to fast thinking usually without even being aware of it; which is fine a lot of the time (like when you’re fending off a sabre tooth tiger) but can often lead to sub optimal (and sometimes awful) outcomes.

In the words of Kahneman

How does this relate to the way politicians prosecute their election campaigns? I’ll let Kahneman spell out some of the consequences.

On the ‘illusion of understanding’, Kahneman says (p201 in Thinking, fast and slow):

“It is easier to construct a coherent story when you know little, when there are fewer pieces to fit into the puzzle. Our comforting conviction that the world makes sense rests on a secure foundation: our almost unlimited ability to ignore our ignorance.”

My take: Politicians capable of telling a ‘coherent’ narrative do better than scientists attempting to explain to you a complex story with all the details.

On the ‘illusion of validity’ (p209):

“The amount of evidence and its quality do not count for much, because poor evidence can make a very good story. For some of our most important beliefs we have no evidence at all, except that people we love and trust hold these beliefs. Considering how little we know, the confidence we have in our beliefs is preposterous.”

My take: We make many of our most important decisions based on what other people believe, people we trust, not on what we know. Scientists always believe more evidence and quality evidence will win the day (probably because the people they trust, other scientists, think the same way).

On ‘confidence’ (p212):

“Confidence is a feeling, which reflects the coherence of the information and the cognitive ease of processing it. It is wise to take admissions of uncertainty seriously, but declarations of high confidence mainly tell you that an individual has constructed a coherent story in his mind, not necessarily that the story is true.”

My take: Don’t confuse confidence with validity. Don’t believe, as most scientists do, that information with high uncertainty is always discounted.

On ‘the engine of capitalism’ (p262):

“Optimism is highly valued, socially and in the market; people and firms reward the providers of dangerously misleading information more than they reward truth tellers. One of the lessons of the financial crisis that led to the Great Recession [GFC] is that there are periods in which competition, among experts and among organisations, creates powerful forces that favor a collective blindness to risk and uncertainty.”

My take: Some people (in some circumstances) can fool all of the people some of the time.

On being a successful scientist (p264):

“I have always believed that scientific research is another domain where a form of optimism is essential to success: I have yet to meet a successful scientist who lacks the ability to exaggerate the importance of what he or she is doing, and I believe that someone who lacks a delusional sense of significance will wilt in the face of repeated experiences of multiple small failures and rare successes, the fate of most researchers.”

My take: Scientists are human, too.

On not seeing flaws in the tools you use (p277):

“I call it theory-induced blindness: once you have accepted a theory and used it as a tool in your thinking, it is extraordinarily difficult to notice its flaws. If you come upon an observation that does not seem to fit the model, you assume that there must be a perfectly good explanation that you are somehow missing. You give the theory the benefit of the doubt, trusting the community of experts who have accepted it.

…disbelieving is hard work, and System 2 [thinking slow] is easily tired.”

My take: When your only tool is a hammer, all you see are nails.

On ‘reform’ and attempting to change the status quo (p305):

“A biologist observed that “when a territory holder is challenged by a rival, the owner almost always wins the contest”…

…In human affairs, the same simple rule explains much of what happens when institutions attempt to reform themselves…

As initially conceived, plans for reform almost always produce many winners and some losers while achieving an overall improvement. If the affected parties have any political influence, however, potential losers will be more active and determined than potential winners; the outcome will be biased in their favour and inevitably more expensive and less effective than initially planned.

Loss aversion is a powerful conservative force that favors minimal changes from the status quo in the lives of both institutions and individuals. This conservatism helps keep us stable in our neighbourhood, our marriage, and our job; it is the gravitational force that holds our life together near the reference point.”

My take: Incumbent conservative governments have all the advantages when it comes elections involving reform and complex policy positions. Reformers wanting to shift the status quo have a very hard task because of the power of ‘loss aversion’. Also, a concentrated force beats a dissipated force, even if the dissipated force is greater overall.

On dealing with rare events (p333)

“When it comes to rare probabilities, our mind is not designed to get things quite right. For the residents of a planet that may be exposed to events no one has yet experienced, this is not good news.”

My take: Human thinking is not well adapted to deal with climate breakdown or biodiversity loss.

On good decision making (p418)

“They [decision makers] will make better choices when they trust their critics to be sophisticated and fair, and when they expect their decisions to be judged by how it was made, not only by how it turned out.”

My take: Good decisions are not just about good outcomes. Decisions should be judged as much by the process by which they are made, and that people take better decisions when they think they are accountable. (This quote, by the way, is the final line in the book.)

Kahneman’s legacy

Kahneman’s quotes aren’t pithy generalised reflections that came to him as he was thinking about thinking. They are direct conclusions of multiple rigorous trials in which subjects were given options to choose between in which they needed to assess risk and possible outcomes.

And the research isn’t new or unreviewed. Some of his findings on cognitive biases and decision heuristics (the mental rules-of-thumb that often guide our decision making) go back some 50 years. Kahneman is recognised as one of the world’s leading behavioural psychologists, was awarded a Nobel Prize in economics in 2002 for his work on prospect theory (pretty good for someone who had never studied economics), and his work has been a cornerstone to the developing field of behavioural economics.

Of course, all of this is also central to marketing and politics: how do you communicate (sell) information to score a sale or bag a vote? You don’t do it by providing every detail available, like many scientists try to do. This simply switches people off.

Rather, you build a simple coherent narrative that you can ‘sell’ with confidence. You scare people about their losses if the status quo is threatened (as will happen if you ‘vote for the opposition’), and you frame your arguments for maximum salience to your target group.

‘Good marketing’ is about exploiting people’s cognitive biases and not overloading them with detail they can’t absorb. ‘Good politics’ is about simplistic three-word slogans and scaring voters into believing that change means they will lose.

Elections are all about good marketing and good politics

Good marketing and good politics often add up to poor policy, short-term thinking and vulnerability in a climate ravaged world.

Fossil fuel corporations (and conservative politicians in their thrall) have been manipulating community sentiment for decades, stoking scepticism and denialism about complex science, and preventing the world from responding to an existential threat.

Kahneman didn’t give them the blueprint for how this is done, but his science has revealed just how easy it can be to steer and nudge a person’s behaviour and beliefs if you understand how inherently biased our thinking can be.

The solution? There is no pill (red or blue) that can help people do more slow thinking and better reflect on the biases inherent in their fast thinking. As Kahneman has demonstrated throughout his career, humans simply think the way that they think. However, society has created many institutions that provide checks and balances on the way marketeers sell products and politicians acquire and use power. The integrity of these institutions is the bridge between day-to-day politics and good policy outcomes.

Australia is currently in election mode with a federal election only days away. Political integrity and climate change are a major concern to most Australians. Despite this, the incumbent conservative government has long resisted the establishment of an independent integrity commission to test the many claims of corruption that have been levelled at it over the years. And this government has been seen as dragging the chain on climate action (and lying about what they are actually doing).

And yet, our Prime Minister, a man who has been described as lacking a moral compass and being a serial liar (by his own colleagues!), is a masterful marketeer. Nick named ‘Scotty from Marketing’, maybe he should be retitled Australia’s ‘Prime Marketeer’. He knows how to spin a simple and coherent story and stick to it. He knows how to scare people about the costs of change, and divide communities by playing on people’s prejudices and fears. Using these skills he pulled off ‘a miracle’ victory at the last election.

Thinking fast has served him well. Now, for a meaningful response to multiple environmental emergencies, it’s time for a little reflection; a little more thinking slow is called for.

*Thinking, fast and slow

To be honest, I had never heard of Daniel Kahneman 15 years ago. But then I began working for a group of environmental decision scientists and his name constantly came up. Kahneman was the leading light who illuminated why our internal decision-making processes were so flawed, so biased. He was the ‘god’ who (along with his friend Amos Tversky**) had published the landmark paper ‘Judgement under uncertainty: heuristics and biases’ in 1974 in the journal Science, one of the most widely read papers of all time I was told. Well, I tried reading it and found it too technical and dense to take in.

Then, in 2011, Kahneman published Thinking, fast and slow. Someone described it as a 500-page version of his 1974 paper. Not a great sales pitch for me, I’m afraid.

However, just prior to the corona pandemic, I spied Thinking, fast and slow on a friend’s bookshelf and asked to borrow it. It took over a year before I found the courage to open it (it was my big pandemic read), six months to wade through it, and another three months before I’ve attempted to write down why I found its wisdom so compelling.

So, for me, my journey with Kahneman has been a long one. And now that I have finished this blog, I can return Thinking, fast and slow to my friend Michael Vardon, who loaned it to me many moons ago. Thanks Michael, sorry about the delay.

** Amos Tversky

If I’ve interested you at all in Daniel Kahneman but possibly put you off reading Thinking, fast and slow (because who has time to read a 500-page horse pill of information on cognitive biases) then I highly recommend another book that covers the same ground but from a more personal framing. This one is about Daniel Kahneman and his life-long colleague and closest friend, Amos Tversky. The book is called The Undoing Project and is written by Michael Lewis (who also wrote The Big Short and Moneyball, both about biases in the way we think and assess risk). It tells the story of Kahneman and Tversky, both Israeli psychologists, and how together they unpicked the many ways our thinking is biased without us even being aware of it. Not only does The Undoing Project give an excellent overview of the research described in greater detail by Kahneman in Thinking, fast and slow, it also paints a touching portrait of the friendship between two of the world’s finest minds. Tversky tragically died of cancer in 1996.

Banner image: ArtsyBee at Pixabay

International declarations and other environmental promises: A game for those who talk but don’t walk

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By Peter Burnett

When is an international declaration on the environment worth the paper it’s printed on? Don’t worry, it’s a rhetorical question. Based on the way the Australian Government treats them, they’re not worth anything. Consider what we’ve recently said about forests and climate change.

When it comes to forests, Australia stands with Bolsonaro

I was a little taken aback when, at last November’s climate summit in Glasgow, Australia joined 140 other countries in signing the Glasgow Declaration on Forests and Land Use.

The declaration pledges to halt and reverse forest loss and land degradation by 2030 and the signatories represent 85% of the globe’s forested land.

Surely this was great news!

Unfortunately, of course, it was too good to be true. Countries were playing the old environmental promises game again. All you have to do is sign up — no action required.

Even President Bolsonaro of Brazil had signed! The same Bolsonaro who has been widely condemned for accelerating the destruction of the Brazilian Amazon.

As a declaration, this document is not legally binding. It’s also full of weasel words like ‘sustainable land use’ and ‘opportunities … to accelerate action’.

And, of course, even if you cut down all the trees, it’s not deforestation … as long as you plant new ones!

Are they any more serious at the OECD?

More recently, environment ministers from OECD countries had one of their five-yearly (or so) pow-wows in Paris at the end of March. Australia’s minister Sussan Ley was one of the vice-chairs and of course the OECD Secretary-General, Australia’s own Mathias Cormann, was there to advise ministers in their deliberations.

The top agenda topics were climate and plastics and the meeting yielded a formal outcome, the OECD Declaration on a Resilient and Healthy Environment for All.

Now we’ll see some action, I thought — unlike the UN, the OECD regards ministerial declarations as legal instruments, having a ‘solemn character’, though in this case the declaration is not actually legally binding.

So, I thought (naively) if this is a solemn commitment they’ll have to act!

The declaration committed OECD countries to net-zero by 2050, ‘including through accelerated action in this critical decade with a view to keeping the limit of a 1.5°C temperature increase within reach’ (my emphasis).

You might think this would require Australia to increase the ambition of its ‘26-28% by 2030’ target, but I’m sure you’d be wrong.

The Australian Government would probably cite later words from the statement that ‘we underscore the need to pursue collective action’ to achieve the Paris Agreement. We’ll step up if everyone else does so first.

Alternatively, we might announce ‘accelerated action’ in December 2029. I’m sure the lawyers will come up with something to get us off the hook.

Ministers also committed to ‘strengthen our efforts to align COVID-19 recovery plans with environmental and climate goals to build a green, inclusive and resilient recovery for all.’ If you thought this would require Australia to increase its policy ambition and pursue a green recovery, again I think you would be wrong.

I expect the government would say (without hint of irony or embarrassment), that its stimulus efforts were already ‘green, inclusive and resilient’. Green is, after all, in the eye of the beholder.

Plastic promises in Paris

Finally, ministers at the OECD pow wow committed to developing ‘comprehensive and coherent life cycle approaches to tackle plastic pollution’ and ‘promoting robust engagement in the intergovernmental negotiating committee to develop an internationally legally binding instrument on plastic pollution with the ambition of completing negotiations by the end of 2024’.

Australia is on more solid ground here, as it has some genuine policy ambition on plastics. These were forced on it when China stopped all imports of plastics and other waste in 2018, including ours, but … it’s the result that counts!

And no doubt Australia is happy enough to commit to an objective of negotiating a convention on plastics over the next nearly-three years. After all, it’s only a process commitment.

Much of the rest of the declaration consisted of pious incantations or directions to the OECD bureaucracy to do more work on policy tools, data-gathering and the like. No problems here — apart from a few dollars to support the OECD machine, this work creates no obligations.

In terms of putting ‘walk’ over ‘talk’ (ie, actions over words), Paris rates just a little ahead of Glasgow. I’d give the Paris declaration 2 out of 10 and Glasgow 1.

Postcard from Mathias: feeling expansive in Paris

A couple of other things jumped out at me in reading the record of the OECD meeting in Paris.

How strange it is to my Australian ears to hear Mathias Cormann abandon his ‘tell-em-nothing, concede nothing’ Australian political style, in favour of spruiking the international environmental cause, even though he did so in very-OECD economistic terms. I’ve emphasised the interesting words:

Secretary-General, Mr. Mathias Cormann, stressed the importance of a whole-of-government, whole-of-society approach to meeting the climate challenge. He set out key thoughts in this regard including the need to mainstream climate change across all areas, step up efforts on implementation, to secure real net reductions in emissions, mobilise investment and realign global flows towards the transition, the need for reliable data and monitoring, and the importance of enhancing efforts towards adaptation and managing losses and damages.

Esperanto anyone?

Of greater interest, the environment ministers had lunch with a group of business leaders. Emmanuel Faber, Chair of the International Sustainability Standards Board, and former CEO of Danone, a multinational food corporation based in Paris, stressed the need for:

a common language to understand the climate impact of portfolios, underlining this pivotal moment in developing such a common language that can guide decisions to align finance with environmental goals and avoid greenwashing (emphasis added)

We have such a common language in the form of the System of Environmental Economic Accounting (SEEA), adopted in 2012 and enhanced with a standard for Ecosystem Accounting in 2021.

In my view, what we really need is for governments to learn to speak it! (Reminded me of Esperanto — great idea, but a little lacking on the uptake)

While my main point has been to decry the dominance of talking over walking, in the case of environmental accounting, talking is walking!

Banner image: Vaunting ambitions declared in Paris amount to little back home.
(Image by GAIMARD at Pixabay)

Disaster follows failures in integrity. Don’t think the Earth System is too big to fail.

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By David Salt

In an effort to distract myself from Australia’s putrid federal election campaign, I’ve taken to watching disaster films, specifically Chernobyl and Deepwater Horizon. Unfortunately, because they are both based on real-life events, they only remind me about the failings of our current political leaders. Both films carry powerful messages on the importance of good governance and the consequences of taking it for granted.

Melt down

The award-winning series Chernobyl was created by HBO and went to air in 2019. It tells the events surrounding the explosion in Reactor 4 at the nuclear power plant at Chernobyl in 1986. It’s a story of nuclear nightmare, self-sacrifice, heroism and cascading tragedy. Underpinning the disaster is a tale of greed, corruption and power in which an ossified Soviet empire censored science that had years earlier revealed that the nuclear reactor design was flawed, and a hierarchy that only wanted good news, a tight focus on production targets and punished anyone who pointed out when things were going wrong.

The power plant was under-resourced, poorly equipped, and badly managed. When the Reactor 4 blew up, the local emergency response was totally unprepared and ignorant about what to do in a nuclear accident. The consequences were horrific for the attending fireman and locals watching on.

The inadequate local response was then matched by the broader Soviet response of denial and cover up, but the scale of the disaster meant it couldn’t be ignored as radioactive debris sprayed over Europe.

It was the worst and most expensive nuclear accident the world has ever seen, and many scholars believe it directly contributed the collapse of the Soviet empire a few years later.

The HBO series brilliantly captures the unfolding horror of the disaster following it from the moment of the accident through to the investigation much later in which scientists do their best to reveal the rottenness of the system that allowed the catastrophe to occur. The message is not well received and the whistle blowers pay an enormous price for their courage.

Blow up

If anyone thinks that major disasters like this are the preserve of sclerotic dictatorships like the Soviet Union, you’re kidding yourself. A couple of months before the melt down at Chernobyl in 1986, the US experienced its own catastrophic failure when the Space Shuttle Challenger blew itself to smithereens 73 seconds after lift off. Seven crew died as a result and the whole Space Shuttle program was suspended for years. Some suggest the program never really recovered.

And what caused this disaster?

The Space Shuttle was touted as the most complex machine ever put together by humans, but what destroyed the Challenger was the failure of simple rubber O-ring seal on the shuttle’s solid rocket booster. Except it wasn’t really a failure of an O-ring so much as a failure of governance. Engineers had known for many years the O-rings didn’t work very well in extreme cold conditions, such as were experienced at the time of launch, and even recommended against launching at that time.

But the mission, which had already gone through long and costly delays, was under enormous time pressures and somehow the concerns of the engineers, who sat at the bottom of the management hierarchy, were not conveyed to the decision makers at the top of the tree. The decision to go ahead with the launch was made, and the rest is history. (HBO really should make a docu-drama on this.)

Blow out

Now maybe you’re thinking big disasters like these only occur when state-controlled hierarchies are in charge. If that’s the case, I recommend you see the 2016 film Deepwater Horizon which recounts the origins of the largest marine oil spill in the history of the petroleum industry.

The spill occurred when the Deepwater Horizon, an ocean oil drilling rig operated by BP, caught fire when high-pressure methane gas from the well expanded into the marine riser and rose into the drilling rig. There it ignited and exploded, engulfing the platform, killing 11 workers and setting off the largest environmental disaster in American history.

The film contends the disaster was the direct result of BP officials rushing through safety tests and ignoring the ageing infrastructure on board the drill rig. As with Chernobyl and Challenger, engineers were ignored, and production timetables were prioritized over safety and due diligence.

Though this was an accident in the commercial sector, it can also be said that government oversight and environmental protection and monitoring were found wanting.

Integrity fail

When disaster strikes we are too often absorbed by the heat and light of the event itself. When we look past that, the real problem is almost always a failure in integrity around the way in which the system is being governed.

Good governance, transparency and accountability would have prevented Chernobyl, Challenger and Deepwater Horizon from ever becoming disasters. And if we want to prevent future disasters of this type, this is where we should be looking.

Which is why I got depressed when watching these movies because it just got me thinking about the failing integrity of leaders such as Johnson, Trump, Putin and our own Scott Morrison. These leaders have been actively eroding the integrity of the institutions that allow us to trust our governments and the processes they run. Without this integrity we won’t hear the warnings of the ‘engineers’ that the systems we depend upon have vulnerabilities and may be heading for collapse.

Hollow credits

One excellent example of this in Australia is the recent revelations by Professor Andrew Macintosh that our system of carbon credits lacks integrity – that Australian Carbon Credit Units are being awarded to projects that are not actually capturing the carbon they claim. Macintosh, one of the architects of the system, claims the problem is poor governance, that the same people awarding the credits are doing the monitoring and the selling of the carbon credits. A market with integrity would allow for transparency, accountability and independent validation of what’s being bought and sold but our carbon market does not have these features.

The problem is that these carbon credits are being purchased by fossil fuel producers to offset their own carbon emissions. If, as Macintosh contends, 70-80% of the carbon credits do not represent captured carbon, then they’re not actually offsetting anything, but fossil fuel companies still have a green light to keep pumping out carbon emissions.

Now, maybe you can’t see Chernobyl or Deepwater Horizon in this story. However, our government has simply denied Macintosh’s claims, even though he has considerable empirical evidence supporting his case (and our government isn’t releasing the information that Macintosh has asked to be made public). Our government says the carbon market is fine, they won’t fix it, and our carbon credits are in high demand. Our performance on climate change is beyond reproach, they say (even though we trail the developed world in reducing carbon emissions). It’s like the Chernobyl operators ignoring warnings on the basis that the project is too good (too big) to fail; and they’ll only be punished if they say something.

In our government’s admonishment of ‘engineer’ Macintosh’s attempts to blow the whistle on this broken carbon market I hear the echoes of Soviet administrators and BP corporates claiming ‘push on, there’s nothing to see here’.

But the system is not good, carbon emissions are rising, people and species are dying from climate-enhanced weather extremes. And in response, our political leaders tell us not to worry, the systems they have in place will protect us. But those systems have no integrity!

Then, one more straw is added to the camel’s back…

Banner image: A scene from the HBO series Chernobyl in which military officers spray the accident site to kill all life in order to prevent it spreading radioactive contamination. The ‘fallout’ from this nuclear accident is still being experienced today.

Last Chance Quiz – the Australian Government’s (non) response to queries on the environment

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By Peter Burnett

With an election called, you might want to inform your vote with the latest on the Australian environment and what the Government is doing about it. Unfortunately, the Government says: ‘Tough!’

As we all know, a federal election has been called for 21 May 2022. The Australian Government is now in ‘caretaker mode’, meaning it must refrain from major decisions during the campaign.

Before going into caretaker mode, it’s not uncommon for governments to make lots of major decisions immediately beforehand. This year, the vehicle for many of those big decisions was the Budget, handed down in late March.

For reasons likely connected with an internal Liberal Party brawl over candidates, the election was not called immediately after the Budget was handed down, but two weeks later. This meant that the business of Parliament continued, including ‘Budget Estimates’, in which Senators quiz officials about Budget initiatives and other things.

This turned Budget Estimates into a ‘last chance quiz’ about sensitive issues, including the environment.

Here are a few ‘highlights’ or, more correctly, lowlights from this ‘quiz’. I think they demonstrate well what priority the Government places on environmental issues (as well as good governance).

More budget honesty please

One of the political tricks of recent times has been to inflate budget numbers by announcing programs for longer and longer periods.

Once upon a time, spending was only for the coming year. Then it was three, then four. Four years is now the official period of the ‘forward estimates’ or ‘forwards’ as you sometimes hear politicians say.

But now politicians are making announcements for eight or nine years down the line. These commitments are un-legislated and go way beyond the life of the government, and are thus very rubbery.

For example, I wrote recently about the Budget announcement of $1 billion for the Great Barrier Reef amounting to little more than ‘steady as she goes’, once averaged over its announced nine year timeframe.

Now we have, supposedly, $22 billion for clean energy technology. Not only does this figure stretch to 2030, twice the four-year estimates period, but officials told Senators in Estimates that much of it covered a continuation of ‘business-as-usual’ activity for bodies such as the Clean Energy Finance Corporation and CSIRO.

Breathtakingly, one ‘key investment’, listed under the $22 billion clean energy spend, is the same $1 billion I mentioned above for the Great Barrier Reef!

The explanation was that this $1 billion was in fact a climate investment, not ‘clean energy’. Either way, as Manuel from Fawlty Towers would have said, ‘Que?

So, how much in the Budget actually represented ‘new money’ for increased policy ambition as part of a pre-election commitment?

Officials couldn’t say — they took it on notice. As a result, I can’t tell you! (And don’t hold your breath that any answers will be provided before the election.)

Clearly the Howard Government’s statutory ‘Charter of Budget Honesty’ needs an overhaul!

State of the Environment Report

We learned that his five-yearly report has around 1200 pages, cost $6m and was sent to the Minister last December. Unfortunately, we also learned that the law gives her until a date after the May election to table the report, and there are no indications that she will table it early.

So, if you want to inform your vote with the latest environmental trends, don’t look for the State of the Environment report!

Environment Restoration Fund

In my last blog I raised concerns that the $100m newly allocated to this fund would be used for pork barrelling, because that’s what happened to the previous round of $100m in 2019.

The new revelations in Estimates were that the Minister was yet to adopt any grant guidelines for this new round, but that priorities would include threatened and migratory species; coastal waterways; pest animals and weeds; and greening cities, with an emphasis on east coast flood recovery.

My concerns remain. In the absence of guidelines, this money could, once again, be allocated through election commitments, without scientific advice and without competitive applications. They got away with it last time, so why not do it again?

Threatened species at warp speed

The Auditor-General found recently that only 2% of recovery plans were completed on time; 207 remain overdue and there is no integrated process for monitoring implementation.

It turned out that in responding to the Auditor-General, the department had committed to ‘track and publish the implementation of priority actions in conservation advice and recovery plans for all 100 priority species under the Threatened Species Strategy 2021-30 by 2026’.

That’s right. In another four years, we’ll be able to see what’s going on for 100 out of nearly 2000 threatened species (ie, 5%). Now that’s what I call warp speed!!

More disingenuous bundling

The Budget headline for threatened species was $170m over four years.

But $100m of that is the second-round Restoration Fund discussed above, which could be given away as pork, while $53 million, previously announced, is for koalas, of which only $20m reserved for large scale restoration and animal health — I think there is a real chance that much of the money will be dissipated as small grants.

Another element of the claimed spend on threatened species is a new $20 million Queen’s Jubilee Program, providing grants for locals to plant trees, such as ‘large shade trees in a school or civic centre’ under the I can see Carnaby’s cockatoos and orange-bellied parrots lining up now!

The real gain for threatened species, on a proper science-based prioritisation? As usual, it’s hard to know, but it could be a few million a year. I’d say ‘chicken feed’, but chickens are not a threatened species.

What prospects for change?

You can see from my cynicism that I think this government tinkers with the environment while inflating and conflating its efforts so as to deliberately mislead the people. The ‘last chance quiz’ poked a few holes in this carefully contrived environment Budget narrative, but this doesn’t mean we are any wiser about what’s going on.

But I just can’t leave things on such a depressing note.

Would a Labor government be any better? Possibly, though they have yet to announce their policies and their general ‘small target’ approach holds little prospect of the the sort of bold (and expensive) action we need to halt the decline of Nature.

Perhaps the best prospects for the environment lie in a hung Parliament – the ‘teal Independents’ have been very strong on climate change and it’s hard not to think their attitude would spill into environmental policy more generally.

Hope springs eternal!

Banner image: Image by Mietzekatze at Pixabay.

The IPCC has left me hanging on the line – more detail is not making a difference

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After six goes you’d think they’d try something different

By David Salt

The way we communicate climate change is not working. This is not a new situation but it’s about time we acknowledged it.

The IPCC has just released its sixth report on climate change. Did you miss it? Probably not if you’re a scientist or you worry about the environment. For the rest of humanity, it sunk without a ripple; which is pretty amazing when most of the world seems to be dealing with unprecedented supercharged weather, floods and droughts.

The story in detail

Thirty years ago I was a science writer working at CSIRO Education. I was doing a story on the ‘greenhouse effect’, something associated with global warming, a phenomenon scientists were talking about but governments were largely ignoring.

I was speaking by phone with the Information Officer at CSIRO Atmospheric Research, a former climate scientist himself.

“So, this greenhouse effect describes what’s happening on our planet?” I put to Dr Smith [not his real name]. “The Earth’s atmosphere is trapping heat like a greenhouse, is that the story?”

“No, no, no!” Exclaimed Dr Smith. “The ‘greenhouse’ analogy is completely misapplied because it doesn’t capture what’s really happening. The Earth’s atmosphere is not like a greenhouse holding in warm air. What really happens is the Sun’s energy passes through the atmosphere, over two thirds of it, anyway, and is absorbed by the land and the oceans. It then gets re radiated in the form of invisible infrared light and…”

But I didn’t hear anymore. Unfortunately, our phone connection had cut out. I rang Dr Smith straight back but I couldn’t get through to him because his phone was engaged. I tried again five minutes later but it was still engaged. I kept trying again and again.

Thirty minutes later I got through. The reason his phone had been engaged was because he hadn’t noticed the line had dropped out. He’d kept on talking to me – for 30 minutes without interruption, never pausing for breath or checking to see if I was keeping up with him.

This is a true story but it’s also emblematic of the problem of scientists communicating complicated stories to non-scientists. They include all the details, they lecture rather than listen, and they don’t have much awareness of their audience or how the audience hears the information. They are frequently unaware that their message is even getting through.

Well, that was 30 years ago. Things have changed, right?

We know a hell of a lot more now, that’s for sure. But we’re still not doing anything about it.

Summer of the Greenhouse

The science of global warming was well understood by the 1970s. Data collected since the 1950s was showing that carbon dioxide levels were steadily on the increase. By the mid 70s, it was well established that the rising carbon dioxide was due to anthropogenic emissions (ie, humans were producing them).

The consequences of this were even being observed by the late 1980s. 1988 was the hottest and driest summer in history (at that point), and NASA’s Jim Hansen declared that the signal from climate change had emerged. He wrote: “The greenhouse effect has been detected, and it is changing our climate now.”

Indeed, the hot northern summer of 1988 has sometimes been called the ‘greenhouse summer’. It’s very appropriate then that this was the year the Intergovernmental Panel on Climate Change (IPCC) came into being. Jointly established by the World Meteorological Organization (WMO) and the United Nations Environment Program (UNEP), the IPCC was created to review all aspects of climate change and its impacts, with a view to formulating realistic international responses to this global concern. The IPCC does not undertake scientific work itself but rather reports a consensus position.

In 1990 the IPCC published its first assessment report. It noted that greenhouse warming could result in ‘several degrees’ of warming by the middle of the following century.

More and more certain

In 1995 the IPCC released its second assessment report. Considerable progress had been made since the 1990 report in distinguishing between natural and anthropogenic influences on climate. The balance of evidence, it said, suggested a discernible human influence on global climate.

By the time of its third report, in 2001, the possibility had become a strong probability, and the rate of change was ‘without precedent for at least the last 10,000 years’. The ‘several degrees’ had become a precise band (somewhere between 1.4 and 5.8 degrees Celsius). This band of possible future warming became the basis for a mechanism to implement the Kyoto Protocol, ratified by 178 governments (though not the United States and initially not Australia either, though we came around in 2007 after a change of government).

The fourth assessment report, released in 2007, reported that anthropogenic harm was ‘already evident’ (though, as I already indicated, prominent climate scientists were actually claiming this back in the 80s).

2015 saw the fifth assessment report released. It basically said everything previous reports had said but with greater certainty and urgency. The IPCC pointed out that the longer we wait to reduce our emissions, the more expensive it will become. And it spelt all this out in a report coming in at over 2,000 pages long and citing 9,200 scientific publications.

The most detailed ever

Which brings us to the sixth and current assessment. It has 278 authors from 65 countries, cites over 18,000 references and is almost 3,000 pages long!! What does it say? I’m not sure. I haven’t had time even to read the 64 page summary for policymakers. I am interested, it’s just I’m not too fussed by the details. I accepted the basic story of ‘need for change’ over 20 years ago.

(Also, I got the gist of the assessment through comments I read on twitter, where brevity is the rule. And that gist is that climate change is real and now; the evidence is now overwhelming and unequivocal; cost of inaction is much bigger than doing something; everyone will suffer if we continue down the current path; and the window of opportunity is closing quickly.)

I’m more interested in the fact that such a detailed report can be so comprehensively ignored by pretty much most of the developed world, the section of humanity that has created this problem. News instead has been dominated by an actor slapping the face of comedian at the Oscars. (And in Australia, there’s also been much attention to historic floods destroying whole communities up and down the eastern seaboard. These reports often note the likely link to climate change and then revert to reporting efforts to put everything back just the way it was!)

The IPCC is like my Dr Smith. It’s feeding loads of climate detail down the phone to an audience that may not be there.

We don’t need more detail.

We do need more effective communication, greater engagement with more of the community, real policy integration and better leadership.

The next assessment report might want to consider that.

(I tried ringing them but their phone was engaged.)

Banner image: Monikas_Wunderwelt @ Pixabay

Federal budget: $160 million for nature may deliver only pork and a fudge

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By Peter Burnett

Treasurer Josh Frydenberg’s cash-splash budget has a firm eye on the upcoming federal election. In the environment portfolio, two spending measures are worth scrutinising closely.

First is a A$100 million round of the Environment Restoration Fund – one of several grants programs awarded through ministerial discretion which has been found to favour marginal and at-risk electorates.

Second is $62 million for up to ten so-called “bioregional plans” in regions prioritised for development. Environment Minister Sussan Ley has presented the measure as environmental law reform, but I argue it’s a political play dressed as reform.

It’s been more than a year since Graeme Samuel’s independent review of Australia’s environment law confirmed nature on this continent is in deep trouble. It called for a comprehensive overhaul – not the politically motivated tinkering delivered on Tuesday night.

A big barrel of pork?

The Environment Restoration Fund gives money to community groups for activities such as protecting threatened and migratory species, addressing erosion and water quality, and cleaning up waste.

The first $100 million round was established before the 2019 election. In March 2020 it emerged in Senate Estimates that the vast majority had been pre-committed in election announcements. In other words, it was essentially a pork-barelling exercise.

The grants reportedly had no eligibility guidelines and were given largely to projects chosen and announced as campaign promises – and mostly in seats held or targeted by the Coalition.

Given this appalling precedent, the allocation of grants under the second round of the fund must be watched closely in the coming election campaign.

A tricky Senate bypass

Australia’s primary federal environment law is known as the Environmental Protection and Biodiversity Conservation (EPBC) Act.

Under provisions not used before, the need for EPBC Act approval of developments such as dams or mines can be switched off if the development complies with a so-called “bioregional plan”.

Bioregions are geographic areas that share landscape attributes, such as the semi-arid shrublands of the Pilbara.

In theory, bioregional plans deliver twin benefits. They remove the need for federal sign-off — a state approval will do the job – and so eliminate duplication. And national environmental interests are maintained, because state approvals must comply with the plans, which are backed by federal law.

But the government’s record strongly suggests it’s interested only in the first of these benefits.

Since the Samuel review was handed down, the government has largely sought only to remove so-called “green tape” – by streamlining environmental laws and reducing delays in project approvals.

Bills to advance these efforts have been stuck in the Senate. Now, the government has opted to fund bioregional plans which, as an existing mechanism, avoid Senate involvement.

Meanwhile, the government has barely acted on the myriad other problems Samuel identified in his review of the law, releasing only a detail-light “reform pathway”.

A rod for the government’s back?

Ironically, bioregional plans may create more problems for the government than they solves.

First, the surveys needed to prepare the plans are likely to spotlight the regional manifestations of broad environmental problems, such as biodiversity loss.

And the EPBC Act invites the environment minister to respond to such problems in the resulting plans. This implies spelling out new investments or protections – challenging for the government given its low policy ambition.

The federal government would also need to find state or territory governments willing to align themselves with its environmental politics, as well as its policy.

Of the two Coalition state governments, New South Wales’ is significantly more green than the Morrison government, while Tasmania is not home to a major development push.

Western Australia’s Labor government has been keen to work with Morrison on streamlining approvals, but fudging environmental protections is another thing altogether. And Labor governments, with a traditionally more eco-conscious voter base, are particularly vulnerable to criticism from environment groups.

The government may fudge the bioregional plans so they look good on paper, but don’t pose too many hurdles for development. Such a fudge may be necessary to fulfil Morrison’s obligations to the Liberals’ coalition partner, the Nationals.

Tuesday’s budget contained more than $21 billion for regional development such as dams, roads and mines – presumably their reward for the Nationals’ support of the government’s net-zero target.

Bioregional plans containing strict environmental protections could constrain or even strangle some of these developments.

But on the other hand, the government may be vulnerable to court challenges if it seeks to push through bioregional plans containing only vague environmental protection.

For a government of limited environmental ambition bioregional plans represent more a political gamble than a reform.

Morrison has clearly rejected the safer option of asking Ley to bring forward a comprehensive response to the Samuel review, casting streamlining as part of a wider agenda.

Such a reform would have better Senate prospects and created room to negotiate.

Morrison could also have promised to reintroduce the streamlining bills after the election. But he must have concluded that the measure has no better chance of getting through the next Senate than this one.

What price fundamental reform?

If the government successfully fudges bioregional plans, the result would be watered-down national environmental protections.

This would run completely counter to the key message of the Samuel review, that to shy away from fundamental law reforms:

“is to accept the continued decline of our iconic places and the extinction of our most threatened plants, animals and ecosystems”.

Clearly, good reform is too expensive — politically as well as fiscally — for this budget.

Peter Burnett, Honorary Associate Professor, ANU College of Law, Australian National University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Banner image: Feed them pork, win their votes. (Image by BeckyTregear @ Pixabay)

Off the dial – Planet Earth is showing multiple instrument warnings

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But the dials don’t appear to connect to anything

By David Salt

You’re driving along and one of the dials on the dashboard suddenly shoots way over normal. The car, however, seems to be travelling fine so you decide its an instrument error and ignore it.

But what if several dials begin overshooting? Oil pressure is up, heat is going through the roof, warning lights are flashing all over the console. What do you do? You pull over as fast as possible and try to find out what’s wrong because ignoring this multitude of warnings will likely wreck your car and possibly risk your life.

Quick, stop the car!

Well, multiple serious warning lights are flashing at us from all over the globe.

An unprecedented sixth mass coral bleaching event is sweeping up and down the Great Barrier Reef – in a La Nina year!

We’re still trying to dry out after historic floods generated by a series of ‘rain bombs’ up and down Australia’s east coast (with the possibility of more to come).

The US Mid-West is gripped by unprecedented drought (with Lake Powell behind the Hoover Dam, the world’s first super dam, hitting a record low this week).

Death Valley in the US has just recorded its hottest March day on record with a sweltering 40°C (records date back to 1911). Keep in mind winter has just finished for this part of the world.

But possibly the most alarming weather events being experienced at this moment are heat waves striking both Antarctica and the North Pole – alarming because it has climatologists and meteorologists in a spin.

Parts of eastern Antarctica have seen temperatures hover 40 degrees Celsius above normal for three days and counting.

“This event is completely unprecedented and upended our expectations about the Antarctic climate system,” said Jonathan Wille, a researcher studying polar meteorology at Université Grenoble Alpes in France.

“Antarctic climatology has been rewritten,” tweeted Stefano Di Battista, another noted Antarctic researcher. He said that such temperature anomalies would have been considered “impossible” and “unthinkable” before they actually occurred.

Meanwhile, what is being described as a record-breaking ‘bomb cyclone’ that developed over the US East Coast a couple of weeks ago is bringing an exceptional insurgence of warm air to the Arctic. Temperatures around 28 degrees Celsius above normal could cover the North Pole this week, climbing to near the freezing mark. Keep in mind the North Pole is still in its ‘polar night’. It hasn’t seen the sun for nearly six months.

This is bonkers

This is all so far ‘outside of normal’ that the implications of these observations are not yet appreciated by the experts who study these things. Indeed, the solid peer-reviewed science we depend upon to understand what’s been happening will take months and possible years to generate.

However, if the dials on your car were giving you this feedback, even if you didn’t understand exactly what it meant, you’d likely be pulling over immediately for fear of a catastrophic failure.

If the heating we’ve been experiencing so far has been frying our coral reefs, incinerating our forest biomes and washing away our homes and human infrastructure, then these huge anomalies in our Artic and Antarctic weather are specters of coming climate catastrophes.

As a science writer working in the sustainability space, I’ve been keeping an eye on many of the ‘planetary dials’ for years if not decades. I’ve watched the remorseless rise in CO2 levels, methane levels and temperature. I’ve shed tears over the criminal decline in biodiversity, and noted the growing extent, ferocity and frequency of extreme weather (floods and wildfires).

Reading the dials

Keep in mind these ‘dials’ are not privileged or secret information. They’re available to anyone wanting to read them. They can be found in regular reports from international agencies and institutions like the UNEP, IPCC and IPBES (look them up if the acronyms are new to you).

Within nations there are multiple organisations monitoring and reporting on the environment. In Australia we have the BoM, ABS and CSIRO as well as dozens of universities and specialist organisations focusing on particular aspects of the environment (for example, the Great Barrier Reef has GBRMPA and AIMS).

The information is there; it’s all cross checked and peer reviewed. It’s reliable and solid; and it’s all pointing the same way: human activity is distorting the Earth system and it’s beginning to behave in unusual and dangerous ways.

The problem is, the dials don’t seem to connect to our decision making, the information they present is not linked to policy action. Worse, many vested interests (like the fossil fuel sector) actively work to discredit and ignore what the dials are telling us.

Our political representatives have funded (with your taxes) and announced the construction of these myriad dials – “today I announce the launch of this great new environmental monitoring ‘machine/invention/organisation/report/dial/whatever’; so rest assured, our environment is now saved!” But when it comes time to respond to what the dial then begins to tell us, the readings are discounted, denied or deleted. Acknowledging the information, it seems, comes with too high a political price.

What we need is a mechanism that connects the dials to the decision making. In concept, such a mechanism already exists. It’s called environmental accounting and while many have called for its widespread implementation (including Sustainability Bites), it’s yet to be adopted in a meaningful manner.

Let it rip

What we have instead, to continue with our car analogy, is a modern economy cruising along the highway of Planet Earth at an ever increasing speed (indeed, this metaphorical vehicle has been steadily accelerating since the 1950s). The way ahead is becoming uncertain and the road itself is turning very dangerous, full of pot holes and gaping cracks. Many are suggesting we should slow down, we can’t see what’s beyond the next curve, and we’re not sure if the vehicle is safe anymore.

Our political leaders, however, are in no doubt.

“She’ll be right, mate. The car is purring. Indeed, our policies, based on ‘jobs and growth’, guarantee stability and strength. No need for brakes. Indeed, we reckon the solution is actually a little more pedal to the metal. So, let’s see what happens if we let it rip!”

Governments around the world have been ignoring the dials for decades but Australia’s current government are world beaters when it comes to climate denial and inaction. In Australia we’re on the brink of a national election. Maybe it’s time to switch drivers.

Banner image: Why is that dial acting funny? (PublicDomainPictures  from Pixabay)

The Farm Biodiversity Stewardship Market Bill 2022 – Watch out for weasel words

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By Peter Burnett

In 2020 I was a member of a consultative group established by Professor Graham Samuel in his review of Australia’s national environmental law, the Environment Protection and Biodiversity Conservation (EPBC) Act.

At several points in our discussions, Professor Samuel, a highly experienced and well-regarded former regulator, cautioned against ‘weasel words’: that is, hollow or ambiguous words that create a false sense of certainty or clarity.

I agreed with Professor Samuel whole-heartedly: one of the secrets of good regulation is to use simple and clear words that leave no scope for confusion or manoeuvre.

Say what you mean and mean only what you say. No legal fudges. It gives everyone certainty and increases trust in a regulatory system.

The Morrison government’s new Agriculture Biodiversity Stewardship Market Bill 2022 (Biodiversity Credits Bill), was introduced last month (February) with very little fanfare. It fails the weasel-words test by including words copied from a similar law on carbon credits, the Carbon Credits (Carbon Farming Initiative) Act 2011 (‘Carbon Credits Act’).

Creating biodiversity credits

Governments in Australia have experimented over the years with biodiversity stewardship schemes (for example, see Learning from agri-environmental schemes in Australia). Typically, these schemes pay farmers to protect or restore native vegetation on their land. The Morrison government is the latest to trial such a scheme.

One difference this time around is that the government is going further than before, using the scheme to lay foundations for wider biodiversity markets. A key to doing this is to create ‘biodiversity credits’ as a new form of property readily bought and sold.

This requires legislation and hence the Biodiversity Credits Bill. The Bill is modelled on the Carbon Credits Act.

In principle, this is a good thing.

Weasel Words

The problem is that the part of the Carbon Credits Act that deals with the integrity of carbon credits was watered down by the Abbott government in 2014 as part of its policy of replacing a carbon price with a (much more limited) purchasing of emission reductions by government.

At the time the government called this watering-down ‘streamlining’ and ‘simplification’, using its now-standard justification that the changes would ‘provide greater flexibility … while retaining the same high standards …’

Integrity is essential to ensuring that carbon or biodiversity credits represent a real gain for the environment at full face value. To achieve this, the credits must be both additional to business as usual and achieved in full compliance with a scientifically robust methodology (renamed ‘protocol’ in the new bill).

The methodology requirements for carbon credits, which are set by the minister, were watered down by the following changes:

The Biodiversity Credits Bill adopts this same watered-down system from the Carbon Credits Act.

It also lowers the bar on the integrity standards, dropping a requirement in the Carbon Credits Act that any necessary assumptions in an approved methodology be ‘conservative’ and replacing it with a requirement that any such assumptions be ‘reasonably certain’.

Superficially, the changes look minor, even trivial. In substance, they are very significant.

Their net effect was and is to weaken the benchmark for, and rigour of, the expert advice; to allow the minister to disregard the advice once given; and to allow more use of CSIRO scientists who, as government employees, can be subject to greater pressures from within government, subtle or otherwise.

In addition, the weaker and more subjective the language, the more difficult it becomes to mount a court challenge on the ground of failing to meet statutory requirements.

What now?

Rumour has it that the government is pushing for a quick passage of the Bill in the few days remaining before the Parliament is prorogued for a May election — presumably on the expectation of bipartisan support.

Such support would deliver another blow to the environment by opening the new biodiversity credits to political influence, compromising their integrity. As the market for credits grows, there will pressures from suppliers to make it easier to have approaches accredited, and from buyers to increase the supply of credits to meet demand and lower prices.

The 2014 carbon credit integrity model should not be adopted for biodiversity credits.

But more than that, biodiversity credits are like a currency. Just as the integrity of our currency has been entrusted to the Reserve Bank board, an independent and expert body, so too should the integrity of biodiversity (and carbon) credits be entrusted to an independent expert body.

I hope the Senate will not support the Biodiversity Credits Bill in its current form.

Act in haste, repent at leisure.

Banner image by monicore @ Pixabay

So, who actually does have the ‘duty of care’? Who is responsible for tomorrow?

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By David Salt

The Federal Minister for the Environment does not have a duty of care to protect young people from the harms of climate change. This was the unanimous finding of the Federal Court earlier this week. It was a finding that left high school students crying, legal scholars frowning and Sussan Ley, the Federal Minister for the Environment, beaming.

Given this, the big question I want answered is, if not the Minister for the Environment, then where (and with whom) does the ‘duty of care’ lie?

Many reasons

Much has been made about the Court decision and why the judges overturned an earlier decision that the Minister did have a duty of care when approving fossil fuel developments. (And for one of the best analyses of the legal case around this issue I’d point you to the excellent Sustainability Bite Does a ‘duty of care’ to future children make any difference to environmental approvals? written by my colleague Peter Burnett; who, incidentally, predicted exactly this outcome.)

Another excellent summary of this decision can be found at The Conversation (Today’s disappointing federal court decision undoes 20 years of climate litigation progress in Australia) which neatly brings together the facts, history and findings surrounding this appeal.

At the end of the day the three judges each ruled in favour of the Environment Minister who, in her appeal against the original finding, contended that the stated duty should not be imposed on the Minister. However, each judge had their own reasoning for why this should be.

One judge said that climate change is a matter for government, not the courts. The ‘duty’ involves “questions of policy (scientific, economic, social, industrial and political) […] unsuitable for the Judicial branch to resolve”

Another said there wasn’t a direct link between minister’s power to approve the coal mine and the effect this would have on the children.

And the third said the EPBC Act (under which the fossil fuel development was being approved and which the Minister is responsible for) doesn’t create a duty-of-care relationship between the Minister and the children. He added that establishing a standard of care isn’t feasible and that it’s not currently foreseeable that approving the coal mine extension would cause the children personal injury, as the law is understood.

If not the Minister, then who?

All well and good, and I expect this makes much sense to all the lawyers out there. But, for me, it begs the question: if not the Minister, then who should hold the duty of care?

If we are allowing a development today that is harming the people of tomorrow, then shouldn’t someone be responsible for allowing this development to proceed?

Of course, the people of tomorrow include the youth of today. Some of these young people are profoundly worried about what they are seeing around them, about what the science is telling us.

For God’s sake, it’s not even being worried about gloomy forecasts; society is actually experiencing the horror of climate change as we speak. Climate enhanced flooding is wiping away families, businesses, hopes and histories up and down Australia’s east coast. Climate-enhanced wildfires are scorching communities, forest biomes and wildlife with a ferocity and at a scale never before witnessed. We’re losing our coral reefs, our wetlands and woodlands. We’re trashing our natural heritage and our prospects for the future.

Young people see this, they can connect the dots; and they despair at the denialism and prevarication being shown by government. Many are self-organizing and protesting on the streets calling for change (only to be rebuked by our Prime Minister).

Others are exploring different pathways to get the ‘grown ups’ to do the right thing for the future they will inherit; and one of these pathways involves testing our laws about who is taking responsibility for developments (like new coal mines and gas projects) that will only be adding to the already catastrophic level of carbon emissions our species are producing.

Where to look

I don’t appreciate the detail of the law on this but, like the students at the centre of this current court case, it seems to me that our political representative who has been made Minister for the Environment is a logical place to aim.

But, as the courts have ruled, this is a question of policy, not law! This is for the politicians to fix up.

What?

Our political leaders are refusing to engage with climate change on any meaningful level. They’re happy to fight about over-the-horizon net zero targets that they will never be responsible for. They pay lip service to the mounting scientific evidence while happily turning a blind eye to the growing pile of misinformation and corporate malfeasance seeking to distract us from any measure to constrain (or reduce) our carbon economy.

If not the Environment Minister, then who? Our Prime Minister or the Minister for Emissions? Their track record for lies and integrity is even worse than our Environment Minister’s.

Is it the responsibility of our corporate leaders and billionaires? Seems their short-term interests are tied to unbounded economic growth, so I doubt we’ll see much effort here.

Or should we look to the world government to impose effective and just sustainability limits on us all. Sorry, I forgot; there’s no such thing as a world government (though conspiracy theorists like to pretend that one exists).

There are, of course, international agreements that sovereign nations can enter into on how we care for the environment and the future. Think Ramsar Convention, Convention on Biological Diversity, Kyoto Protocol and the Paris Agreement; Australia has signed up to all of them, and then failed to meet our commitments on any of them, just like all other nations.

At the end of the day, whether you’re thinking (or acting) globally or locally, no-one is actually responsible for tomorrow. ‘Duty of care’ for tomorrow is more a ‘vibe*’ than an ‘actionable’ item.

If duty of care on climate change is a question of policy more than a question of law then our whole polity is failing us and is in need of transformation. Who’s up for some serious reform?

*‘Vibe’ is a particularly Australian term arising from the cult classic 1999 movie The Castle in which a lawyer, Dennis Denuto, struggles to articulate to the judge why his clients, the Kerrigans, should be allowed to keep their home and not be compulsorily acquired for an airport development. Denuto says: “In summing up: it’s the Constitution, it’s Mabo, it’s the vibe and… no, that’s it. It’s the vibe.”

Banner image by byrev @ Pixabay

Senate Estimates – slippery answers like bare-handed barrel-fishing

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The latest Senate Environment Committee ‘Estimates’ hearings

By Peter Burnett

Regular readers will know that I have written several times about what emerges from Senate Estimates. Estimates is a somewhat esoteric proceeding in the Australian Parliament (and some others) in which politicians ask questions of (mostly) bureaucrats about proposed allocations of money to spending programs.

Well, that’s the theory anyway. In practice, questions get asked about any official activity, right down to the micro level of when the official sent a document to a minister.

In return, officials, who are often the meat in the sandwich here, respond with lots of detail but work hard not to reveal anything of substance in their answers. It’s a bit of a game but sometimes the stakes can be quite high.

Despite having long left the bureaucracy, I have retained my interest in this ritual form of combat, partly for what it reveals about the art of public administration but, more relevantly here, for the little gems of information that spill forth about environmental programs.

As a participant, I was focused on surviving the stressful experience of a public grilling from the politicians. As an observer, I now have much broader aspirations to seeing the accountability mechanisms (for that is what the Senate Estimates is supposed to be) of Parliament work.

Unfortunately, they usually do not.

The most recent Environment Estimates were held in February. I’ve chosen several issues of interest below, one to illustrate the failings of Estimates as an accountability mechanism and another as a vehicle for arguing the need for improved accountability.

Dragging it out (that’s the Australian Way)

I sympathise with frustrated politicians trying to get straight answers to legitimate questions. To them, Estimates must feel like bare-handed barrel-fishing: it’s easy enough to get close, but landing a catch is something different entirely.

My example from the February Estimates concerns the modelling commissioned by the government to support its Long-Term Emissions Reduction Plan — that’s the plan to implement the government’s commitment to achieve net-zero emissions by 2050, sanctimoniously subtitled in the ‘popular’ version of the plan as ‘The Australian Way’.

(Recall that the decision to commit to net zero by 2050 caused great division between the Liberal and National parties in the Coalition, and that the Nationals were said to have secured significant concessions from the PM in return for signing on, which the PM reluctantly felt he had to do, because Jo Biden and others were doing it.)

The story revealed over several Estimates hearings was that work on ‘the plan’ had started in February 2021.

The finalised plan was released on 26 October 2021, in the lead-up to CoP 26 in Glasgow, but the supporting modelling, which would have helped critics to ask penetrating questions, was not released until 12 November, after CoP 26 had finished.

Why the delay? asked the Senator. She complained that back in the Budget Estimates, in May, officials wouldn’t even confirm that they were doing the modelling. Then, at Supplementary Estimates, held just before the Plan was adopted, the government made a claim of ‘public interest immunity’ in relation to the modelling, meaning that it would not be released on the ground that it was the subject of current Cabinet deliberation.

Now, in February this year, officials were saying that they hadn’t released the modelling promptly, after the government announced the Plan, because they didn’t have the capacity to produce both the plan and the modelling for publication. In particular, officials said they needed more time to make the public version of the modelling ‘accessible’.

The questioning Senator was naturally suspicious. Had the Minister himself taken the decision about when to release the modelling? ‘I’d have to take it on notice to specifically check if the minister himself gave any particular direction’ replied the official, thus avoiding dropping the minister in the proverbial and further drawing out the accountability process.

You can see why this sequence of events would frustrate the Senate’s attempts to scrutinise a major decision.

The underlying answer to legitimate questions was that it is never the right time to ask for politically-sensitive information, until the moment chosen by the government to release it — that’s the Australian Way!

Peas and thimbles

On 28 January the government announced an ‘additional’ $1 billion over nine years in funding for the Great Barrier Reef. A number of Estimates questions were directed to ascertaining how this money would be allocated.

In this case the government had to be much more forthcoming because the questions related directly to the purpose of Estimates, which is to scrutinise proposed new expenditure.

So, officials provided detail, for example, that the funding would be allocated to the environment department and to the Great Barrier Reef Marine Park Authority, but that no further money would be channelled through the Great Barrier Reef Foundation, a private body through which the government had channelled, in 2017, Australia’s largest and most controversial-ever grant of $443m.

Questioners also probed the governments’ decision to announce nine years’ funding, as this was far beyond the standard four year forward forward-estimates period.

Senators also elicited from officials that ‘the new money effectively dovetails with the decline in the existing funding commitments’ — ie, that much of this ‘new’ or ‘additional’ money was simply an extension of existing spending, which was declining, not because the job was done, but because governments often allocate funding for arbitrary periods.

Looking at these answers, it seems to me that the government started with the idea that they needed to be seen to be spending big to stave off the threat of an ‘In Danger’ listing for the Reef, and simply took the current spending that was about to lapse, decided to continue it, and just kept adding more forward years until they got to the politically credible figure of $1 billion.

That’s why nine (years) was the magic number, though of course officials didn’t say so! Interestingly, if they had used the standard four-year period, on a pro-rata basis the funding would have been $444m — almost identical to the controversial Reef Foundation grant!

A coincidence like that would never have done!

Unfortunately, however, the questions stopped short of asking whether any of the money was truly ‘additional’, ie, representing increased effort overall.

Once allowance is made for the fact that most of the money just extends existing budgets or programs, and for inflation, would there be anything left to represent a real increase? It appears not, although we can’t be sure.

And even if there were a real increase for the Reef, would that increase come at the cost of a reduction in environmental expenditure elsewhere?

In other words, does any of this ‘additional’ money reflect any additional effort for the environment? Or is it just a transfer from one environmental program to another

In theory, it would be possible to ask a series of questions that would force an answer this question.

In practice, obfuscation in official documents, limited time in Estimates and limited resources available to Senators to formulate a set of questions sufficiently comprehensive to force the answer, make such an exercise impractical.

A better way?

As an exercise in bare-handed barrel-fishing, Estimates is hardly satisfactory. While Parliament has other accountability mechanisms, most of these have their own problems.

And when a mechanism does work well, as we’ve seen recently with successful reviews of grant programs by that pesky Auditor General, the government counters by cutting his budget!

One solution to strengthen accountability would be — wait for it — to publish proper accounts! I’m talking about detailed accounts at the program level, which logically should form part of a comprehensive set of environmental accounts.

To date, the commitment of Australian governments to improved accountability, and to environmental accounts themselves, has been very limited, but … we live in hope!

Banner image: Senate Estimates is like barrel fishing with your hands. Lots of targets but most are slippery and impossible to hold on to. (Image by David Salt)

A billion-dollar bad idea is no escape clause for the Great Barrier Reef

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A big pledge for a big problem is no solution without integrity

By David Salt

“So, Minister, how exactly did you arrive at this one-billion-dollar price tag for saving the Great Barrier Reef?” asked the newly appointed Director of Government Probity.

“Well Ms DGP, as you will see from the extensive paperwork we’ve submitted, the figure of a billion dollars is based on extensive scientific, social and economic research compiled by the good officers of our well-resourced Department for the Environment.

“It’s a lot of money but what price do you put on saving a priceless piece of World Heritage; not to mention the economic return derived from people enjoying the Reef.

“Our scientists have pin pointed exactly the threats assailing this coral wonderland; our economists have worked up a precise list of actions we need to take to address these threats – costed down to the last dollar; and our social scientists have undertaken rigorous process of community engagement to ensure that the people on and around the Reef know what the situation is, and are ready to put their backs to the wheel to ensure the Great Barrier Reef will be there in all its glory for them, their children and grandchildren.

“It all brings a tear to your eye,” said the Minister (and, indeed, her eyes were tearing up). “But with something this important, it’s worth all the effort. It is, of course, simply the Australian Way!”

“Yes, thank you Minister,” responded the DGP. “Well done. It seems you and your Department have really done the due diligence on this one. The Reef is in good hands! The world thanks you.”

The Australian Way

Of course, there’s nothing much real in the above exchange. There is no Director (or agency) of Government Probity; the Department of Environment (subsumed into the bigger Department of Agriculture, Water and Environment) is underfunded and overworked; and scientists do know what is killing the Great Barrier Reef – it’s climate change – but the Government is not listening to them. Our Prime Minister has described this approach to climate change as “the Australian Way”; but the world is not thanking Australia for adopting this path.

For all that, the Federal Coalition Government has pledged $1 billion dollars towards saving the Great Barrier Reef, one of the single biggest investments on an ecosystem in Australia’s history; surely, even if it’s only been done as a sweetener in the run up to a Federal election – that’s a good thing, right?

Let’s consider what a billion dollar buys you

For starters, it’s not an up-front payment but a promise to commit $1 billion dollars to reef-related programs over the next nine years – if the Coalition gets re-elected.

Most of that money ($579.9m) won’t go on the Reef itself but will be dedicated to water quality projects on land, the adjoining catchments from which water runs off onto the reef. Declining water quality has long been identified as a major threat to reef health. In 2016 the Queensland Government contracted economists to estimate how much it would cost to meet water quality targets through actions such as changing land management, improving irrigation and repairing erosion. Their best estimate was that it would cost $8.2billion over 10 years (that’s $820 million per year).

The Government’s promise of $570 million over 9 years (or an average of $63.3 million per year) suddenly doesn’t look so grand.

The next largest slice of the billion dollars – $252.9m – will go towards reef management and conservation. Again, split that over 9 years and multiple institutions caring for the Reef and it’s not the boon the headline number suggests.

But it doesn’t really matter anyway because the best science says the reef is cooked if we don’t do anything about rising carbon emissions.

Indeed, the science on this is firming. In 2018, the Intergovernmental Panel on Climate Change predicted that 1.5°C of global warming would cause between 70 and 90% of the world’s coral reefs to disappear. In research just out, it’s been found that with 1.5°C of warming, which the world is predicted to reach in the early 2030s without drastic action to limit greenhouse gas emissions, 99% of the world’s reefs will experience heatwaves that are too frequent for them to recover.

None of the billion dollars promised to ‘fix’ the Reef is going towards reducing emissions. Analysts say Australia’s approach is aligned with heating closer to 3°C. The Australian Government is not introducing any new policies to tackle carbon emissions in the near term and claims that new (unspecified) technologies will deliver net zero emissions in 30 years’ time. Prime Minister Morrison describes this as the Australian Way.

A billion dollars of cover

At the same time, the Government is trumpeting its billion-dollar investment on saving the Reef to UNESCO in a bid to keep the Great Barrier Reef off the World Heritage ‘in-danger’ list. A fortnight ago the Government released a report on why the Reef should be kept off this list.

The Morrison government argued every single World Heritage site can be considered in danger from climate change, and the Great Barrier Reef shouldn’t be singled out for a UNESCO status downgrade.

On the release of that report, Environment Minister Sussan Ley puzzlingly observed: “Reefs around the world are under pressure from warming oceans and in the face of that the Morrison government’s leadership in reef management and reef science is second to none.”

So, what are we to make of that? The Government acknowledges that climate change and warming oceans are killing our coral reefs – everywhere, not just around Australia – but chooses to do very little about it.

At the same time they are happy to commit a billion dollars to a cause they know is futile; maybe that’s why they don’t really care that this level of investment is patently inadequate to achieve even the outcomes on water quality they are targeting.

It’s enough to make you blush with embarrassment (and shed a tear of shame).

The real problem

The real problem at the heart of this treacherous affair is a total lack of probity. There is no transparency or accountability around these decisions; no connection between science, economics and funding pledges; no integrity behind government claims and action.

This is a billion-dollar bad idea but the greatest shame in this whole affair is that there is no mechanism (no independent office of government integrity) to hold our political leaders to account.

No, Minister. The Reef is not in good hands! And the world will not be thanking you now or in the future.

Banner image: The Great Barrier Reef is in big trouble. Will a big billion dollars make a difference? Not with an absence of probity. (Image by Sarah_Ackerman under the Creative Commons Attribution 2.0)