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)

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)

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.

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

What is ecology’s contribution to sustainability? And why does economics get the Big Chair at the dinner table?

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By Peter Burnett

For most people who take an interest in it, sustainability is the central idea of Our Common Future, a major United Nations report on environment and development. It was published in 1987.

You may know it as the Brundtland Report, after its principal author, Gro Harlem Brundtland, a medical doctor who became the first female Prime Minister of Norway in the early 1980s and, later, Director General of the World Health Organisation.

Whenever I pick up my copy of Our Common Future I’m always drawn to a sentence on the back cover: ‘Our Common Future serves notice that the time has come for a marriage of economy and ecology…’

Due to the efforts of some pioneering economists and ecologists from the late 1980s, there is a marriage of economics and ecology within a new discipline created by those pioneers, that of ecological economics. But this marriage has few progenies beyond academia.

Even within ecological economics, there are some signs that the marriage is not an equal one. Ecology has influenced the approach of economics but not the other way round.

I began to wonder. What is ecology and what is its contribution to sustainability?

Economics comes in from the cold

Let’s start with economics. In the decades following the outbreak of World War II, economics ‘came in from the cold’, completely transforming itself from just another academic discipline, inhabited by retiring academics, to one that some critics attack as ‘imperialist’ or ‘hegemonic’ in its attitudes.

This transformation happened because governments invited economists into the very heart of government.

First, they wanted to win the war, a ‘total war’ requiring that the efforts of every sector of the economy be directed towards victory.

Then, governments wanted economists to assist them to win the peace, initially to find jobs for millions of returning allied soldiers and subsequently to show that capitalism had a better recipe for prosperity than communism in the ideological battles of the emerging Cold War.

The resulting mantra of ‘jobs and growth’ also helped win elections at home and became a fixed feature of the political landscape.

Economists delivered the goods. As a result, they wield an influence that is the envy of most other disciplines.

Oxford economist Kate Raworth encapsulated this influence in her description of economics as the ‘mother tongue of public policy’.

If economics is its ‘mother tongue’ then, unfortunately, ecology remains a foreign language to public policy.

What about ecology?

The term ‘ecology’ was coined in 1866 by Ernst Haeckel (1834–1919), a 28-year-old German marine biologist, although some ecological ideas, like ‘the balance of nature’, go right back to the Greek philosophers.

Ecology is the study of the relationship between living things and their environment.

Ecology didn’t really take off until the mid-twentieth century. Raymond Lindeman’s (1915–1942) work on trophic dynamics (energy flows in particular food-web levels) was seminal for ecosystem ecology, while the brothers Eugene Odum (1913–2002) and Howard Odum (1924–2002)published their influential textbook, Fundamentals of Ecology, in 1953.

Ecology entered the popular lexicon in 1962 with the publication of Rachel Carson’s book Silent Spring. Many claim this book triggered what can be described as the modern environmental era.

The influence of ecology on sustainability

Sustainability seeks to identify the human behaviour that will allow the greatest possible level of economic activity consistent with maintaining the ‘ecosystem services’ that Nature provides to humans.

Because ecology is concerned with the natural relationship between plants and animals and their physical environment, ecologists can advise humans on what they may do, or must not do, if they want these ecosystem services to continue (let alone maintain Nature for its inherent value and beauty).

Economics is concerned with the efficient allocation of scarce resources, all of which come, directly or indirectly, from Nature. Economic advice is given routinely in the context of constraints on the supply of resources.

Typically, those constraints have been related to humans factors, such as cost. But there is no reason why economics cannot operate equally well within restraints identified by ecologists, based on Nature’s ability to maintain ecosystem services.

In essence, this is the marriage of economics and ecology.

Economics does not have much to teach ecology in terms of its method, but it can help set ecology’s agenda: from a sustainability perspective, the key questions are ‘what is required to keep Nature operating’ and ‘how can humans restore ecological loss already sustained?’

Married, but not communicating

Both ‘ecology’ and ‘economics’ come for the Greek oikos, meaning household, so it seems the attraction between the two disciplines is a natural one (pardon the pun).

However, they speak different languages and, unfortunately for ecology, the marital home, sustainability, lies in the (economic-speaking) land of government.

The challenges of communicating ecological insights in this foreign land are myriad. Apart from ecologists not being native speakers of economics (and vice-versa) their substantive ideas concerning ecological relationships and processes are not obvious to the ordinary person.

Great communicators wanted

It seems to me that, to put this marriage on a more equal footing, ecology needs more great communicators.

These are rare birds indeed. So rare, that of the first two who spring to my mind, one is of great age and the other passed away nearly 15 years ago.

Internationally, David Attenborough is a master and highly influential.

In Australia, the late Professor Peter Cullen of the Wentworth Group of Concerned Scientists was also a master communicator. His passing in 2008 was a great loss to our country.

These two leaders exemplify the skills we need: they are (were) well-versed in biological science, relate naturally to ordinary people through media, speak fluent public policy and, to ice the cake, have mellifluous voices!

We need to do more to grow these skills.

In 2018 the ABC began awarding media residencies annually to Australia’s ‘Top Five Young Scientist Communicators’, a great initiative.

Who else will nurture our young ‘Attenboroughs’ and ‘Cullens’?

Building a truly sustainable future will require more of these vital bridge builders.

Banner image by geralt @ Pixabay

The existential toll of climate change on wetlands – maybe we should go with the flow.

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By David Salt

Every February we’re encouraged to think about wetlands as we celebrate World Wetlands Day. While society has come a long way in changing its mind about the value of wetlands – once they were smelly swamps, now they are precious, life-sustaining ecosystems – these days we’re stuck in a form of denialism about their prospects as climate change radically threatens their very existence.

The sad truth is, climate change modifies water levels, and the best protected wetland in the world ceases to be a wetland without water. Too much water, in the form of rising sea levels, will have the same outcome. If we can’t protect our wetlands in the space they exist today, do we need to make more effort to let our wetlands move with the flow?

Fifty-one years of Ramsar

Fifty-one years ago, on the 2nd of February 1971, one of the world’s most important international environmental conventions came into being with the adoption of the Convention of Wetlands. It’s important because it was the first international treaty for wetland and waterbird conservation, and one of the world’s most enduring and significant international agreements on the environment. It’s been responsible for establishing the world’s largest network of protected areas – being declared a Ramsar Wetland is akin to being listed as a World Heritage area – and the treaty has been used as a basis for other international conservation policies and national wetland laws.

The adoption ceremony for the Convention was held in the Iranian city of Ramsar, on the shores of the Caspian Sea, and most people know this Convention as the Ramsar Convention. To mark the day of the treaty’s creation, the Ramsar Secretariat has promoted the 2nd of February as World Wetlands Day, and it’s been run on this date every year since 1997.

The Ramsar Convention together with World Wetlands Day have transformed the way humans engage with wetlands. They’ve gone from ‘swamps’ only fit for draining and development, to critical land and water scapes that provide humans with a range of valuable ecosystem services in addition to being critical habitat for biodiversity conservation. Wetlands, in all their forms, are now recognised as precious and irreplaceable.

However, our efforts to increase awareness about the state and value of our wetlands have also revealed they are in serious trouble. The Ramsar Secretariat’s Global Wetland Outlook (newly revised this year) tells us that over a third of the planet’s wetlands have been lost since the Convention was enacted. Indeed, wetlands are our most threatened ecosystem, disappearing three times faster than forests. Land-use change is the biggest driver of degradation to inland wetlands since 1970. Agriculture, the most wide-spread form of land-use change, has damaged more than half of the Wetlands of International Importance (often referred to as Ramsar Wetlands). Climate impacts to wetlands are happening faster than anticipated. Rising sea-levels, coral bleaching and changing hydrology are all accelerating, with arctic and montane wetlands most at risk of degradation and loss.

Land locked and lost (or drowned)

And here’s an irony the Treaty’s designers probably never envisaged: The city of Ramsar, the place that gave the treaty its name, is rapidly becoming land locked as the Caspian Sea shrinks under climate change and water extraction. Its surrounding wetlands will be gone within decades.

The Caspian Sea is actually a landlocked lake with a surface that is already around 28 metres below sea level. And it’s dropping by 7 centimetres every year. As temperatures rise with global warming, evaporation will accelerate this decline. The Caspian Sea will be nine to 18 metres lower by the end of the century and lose a quarter of its size. How do you sustain a wetland that can no longer be kept wet? Researchers believe the unfurling crisis will result in an ecocide as devastating as the one in the Aral Sea, a few hundred kilometres to the east.

Falling water levels are challenging many other major landlocked lakes and seas (consider the Aral Sea and Lake Chad) but most coastal wetland systems face the opposite problem – rising sea levels associated with warming oceans, another consequence of climate change. Sea levels are currently rising by between 3-4 mm per year but this is expected to accelerate in the coming decades. This could lead to the submergence of 20–78% of worldwide coastal wetlands by 2100!

Whether water levels are rising, falling or doing major damage through extreme weather events (think of this season’s unprecedented flooding all around the world), the prospects for the planet’s precious wetlands are darkening with every year. World Wetlands Day (and the Ramsar Convention) have played a valuable role in highlighting the importance of these watery ecosystems, as well as identifying wetlands of particular significance; but as climate change bites we need to face the grim reality that changing water levels mean that many, possibly most, wetlands cannot be protected by surrounding them in strong laws, good signage and a more receptive society. The sad truth is that shifting water levels mean many wetlands cannot be protected in their current spaces.

Just as the city Ramsar heralds this grim reality, the history of the Caspian Sea upon which it lies, may hold a possible solution. The Caspian Sea has a history of rises and falls. Around 10,000 years ago the sea was about 100 metres lower. A few thousand years before that it was about 50 metres higher than today’s level. Yet people who lived beside the sea were able to move with the fluctuating sea level. Back then, no large human infrastructure was around to be destroyed, and people moved (adapted) as required. The same applied to animal and plant species. Ecosystems simply moved up and down as the sea level shifted, as they had done over the past 2 million years or so.

In today’s world, with massive city infrastructure and property rights attached to specific locations, moving with a changing water level presents enormous challenges. And yet, doing nothing (ie, not moving) is not an option either. Roughly a tenth of the world’s population and assets are based less than 10 metres above sea level. Sea level rise means land currently home to 300 million people will be vulnerable to annual flooding by 2050.

Water is the messenger

Jay Famiglietti, Executive Director of the Global Institute for Water Security at the University of Saskatchewan, recently observed that “Water is the messenger that delivers the bad news about climate change to your town, to your neighborhood, and to your front door.” Our first response, unfortunately, is usually to deny the message as we have so much invested in ‘sustaining’ the status quo. Economists would say we worry too much protecting ‘sunk investments’.

We’d rather reinforce and armour our shores against the rising tides, than consider moving to adapt to rising (or falling) water levels. Not only is this expensive and fails to address the underlying problem – sea level rise is predicted to accelerate, not stabilise – it makes us more vulnerable to the multiple threats being generated by climate change (eg, more intense storms and extreme rainfall).

In many ways, we’re doing the same with our wetland reserves. We’re managing them for the proximate dangers that threaten their natural values such as guarding against pollution, overexploitation and development. But, as with our cities and towns, we’re ignoring the consequences of changing water levels in a time of climate change. The places where we find wetlands today may not sustain wetlands into the future.

In some cases, wetlands have the capacity to move (migrate) with the water level as it changes. Some research is suggesting that sea levels could rise faster than a wetland’s natural migration rate. Other studies have shown their capacity to move is limited by how land is being used around existing wetlands.

The challenge of sustaining our precious wetlands in a time of climate change and changing water levels is enormous. The first step in meeting this challenge is getting beyond denial. Seas are rising. Lakes in many places are shrinking. We can see it happen, and there is a strong scientific consensus it’s only going to get worse. Given this reality, we need to extend the tool box of policy measures to conserve these vital ecosystems. It’s not enough to increase our protection of existing wetlands. We need to start planning on how we can facilitate their ability to move with changing water levels – to go with the flow.

Research is happening in many places around the world to explore what’s possible. For example, Australian scientists are developing the idea of “rolling covenants” to protect coastal ecosystems in the face of sea-level rise. These are conditions on land titles that permit productive use of land in the short term, while ensuring land use can shift over time to allow for coastal ecosystem migration in the medium to long term.

Of course, such provisions require considerable funding and a change in mindset on what is an appropriate way to use (and set aside future uses) of land. But such change is possible when society gets beyond denying what climate change means and works with the change rather than attempting to control it.

‘Making room’ for water

One of the best examples of this is the response of the Netherlands to the threat of rising sea levels and increased flood risk. The Netherlands is both flat and low lying, and has always been prone to flooding. More than half of the Netherlands is located on flood-prone land. Following two particularly horrifying floods in the 1990s, requiring the evacuation of hundreds of thousands of people, the Netherland’s government adopted a new paradigm in water management.

Rather than building bigger dykes and dams to control the floods, they adopted an approach called making “Room for the Rivers” in which floods were better accommodated by the landscape. Many farms were converted to wetlands (proving a boon for bird life), land around rivers was dedicated to allow for flooding, and cities and towns were adapted to cope with flood waters.

The approach cost billions of dollars, many land holders were required to give up their homes and their farm land, and the whole community needed to change the way they dealt with flooding.

The result? Dutch rivers can now absorb about 25% more water than they could in 1995, and the recent episode of historic floods that devasted parts of Germany, Belgium, France, Luxembourg and Switzerland, left the Netherlands relatively unscathed.

If the Netherlands can make room for their rivers and demonstrate the value of this approach to flood control, what would it take for the world community to ‘make room’ for our wetlands?

This World Wetland Day, we all need to consider how we can better go with the flow.

This blog originally appeared on The Global Water Forum

Banner image: Climate change is moving water levels. Moving water levels means wetlands also need to move. We need to ‘make room’ for our wetlands. (Image by David Salt)

Could anything be ‘New’ About Capitalism and the Environment?

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An opening for ‘environmental debt’

By Peter Burnett

Capitalism is a popular theme in Australian environmental policy at the moment, at least for Liberal governments.

Hardly surprising I suppose. The Liberal Party prides itself on being the natural home of free enterprise.

Addressing a business breakfast last month, Prime Minister Scott Morrison told his audience that ‘We believe climate can be ultimately solved by “can-do capitalism” not “don’t do governments” seeking to control peoples’ lives.

As a three word slogan, ‘can-do capitalism’ would not have rated a further mention in this blog if it were not for the fact that, shortly afterwards, Matt Kean, recently-appointed NSW Treasurer (who also remains, for the time being, Environment Minister) popped up in a media interview spruiking ‘New Capitalism’ as the solution to environmental and other problems.

At first blush, this seemed like nothing more than a bit of political jockeying between two Liberal politicians who have a bit of form in the needling department, as Mr Kean seemed to be taking aim at Morrison.

“I think it [New Capitalism] is very different [to Can-Co Capitalism],” Mr Kean told the Australian Financial Review. “I don’t want to make policies just for a news cycle, I want to make policies for a generation that will build a stronger and more prosperous nation for everyone,” Mr Kean said.

Kean’s ‘New Capitalism’

But there was more to it than that. Mr Kean went on to say that ‘I guess “New Capitalism” is looking at the environmental and social benefits of the decisions we take, not just the financial benefits.’

Still fairly ho hum and hardly new. This amounts to a very weak form of sustainability: ‘sustainable’ in a sense of requiring economic, social and environmental factors to be taken into account, but very weak because it does not require any particular weight to be given to social or environmental factors. Indeed, this formula doesn’t require any weight at all!

However, Kean continued, outlining “five pillars” of his economic portfolio, including “climate and sustainability”. A little more substance, but still just a topic and not really a policy.

Then it got interesting. Kean started talking about there being a once-in-a-generation opportunity to address the big structural issues in the economy. ‘There’s no point leaving our kids with a bucketful of money if we’ve left them with a mountain of environmental debt,’ he said.

What’s ‘environmental debt’?

Now you’re talking Matt. I’ve always thought ‘environmental debt’ was a useful concept, conveying clearly that we have borrowed someone else’s share of nature (the ‘someone else’ being future generations) and must pay it back.

But the term hasn’t been used much in our political discourse, perhaps because it is potentially so powerful and, to my mind, policy-specific.

In fact, the only serious mention of environmental debt I can recall in Australian political discourse comes from 30 years ago, when the Hawke government made reference to the importance of not saddling future generations with environmental debt, in the course of developing the now-long-forgotten National Strategy on Ecologically Sustainable Development.

But why does using up nature create a debt? Because Nature can only produce what each generation of humans needs if there is enough of each of its component ecosystems, its ‘natural capital’, to do so.

Call it ‘critical mass’ if you like. That’s just the way Nature works. Drop below critical mass in any ecosystem and you are in trouble.

This phenomenon has been explained by comparing Nature to an inheritance, coming in the form of a large fund that has been invested.

We can live off the natural ‘dividends’ or ‘ecosystem services’ forever, but if we draw down more than just the dividends, we start eating into the natural capital, condemning future generations to receiving fewer ‘dividends’ (and more trouble) from Nature than we have.

Unfortunately, this is exactly what we have done.

So, if we value our children and grandchildren as much as ourselves, we owe it to future generations to pay back our over-consumption. (As an aside, try arguing against that proposition: Groucho Marx is reported to have said ‘What has posterity ever done for me?’ But he was a comedian.)

And how do we pay back environmental debt? Through environmental restoration. Restoration can come from doing things that build Nature’ capacities (like planting trees) or from reducing things that harm Nature (like carbon emissions).

Don’t forget the accounts

And if Kean is serious about repaying environmental debt, there’s another implication: we need a way to measure it. Banks keep track of their loans by keeping accounts. As I’ve explained before, there is an now an internationally recognised way of keeping environmental accounts, the System of Environmental-Economic Accounts, or ‘SEEA’.

By recording the extent and condition of our ecosystems, and then identifying the minimum of such extent and condition (‘critical mass’) needed to produce the ecosystem services on which we all rely, we can then identify any shortfall as our accumulated ecological debt.

Environmental accounts could also be used to keep track of the gains achieved through environmental restoration, as we reduce the debt.

Going somewhere?

As you can see, that this is dangerous territory for a politician. Talk of environmental debt raises issues that are moral (always tricky), long-term (when most politics goes for the quick fix) and specific (raising the risk of being boxed in, to a potentially-unpopular policy).

But Matt Kean is a highly unusual politician, not only because he comes from the political Right but outdoes the environmental commitment of many on the political Left, but also because he’s been unusually successful in bringing his conservative colleagues along with his pro-environment policies.

In deploying the language of environmental debt, Kean may now be striking out further, into waters that, while not newly discovered, are rarely sailed.

Let’s hope his boldness pays off. Not only for ourselves, but for our children.

Image by geralt at Pixabay

And for my next environmental trick …

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Will the federal government engage in real environmental reform before the election?

By Peter Burnett

One of my favourite environmental cartoons appeared in 2015 in the lead up to the Paris climate meeting. It depicts Australia’s environment minister (who was then Josh Frydenberg) as a magician performing for a domestic audience. The magician pulls a climate policy rabbit out of a hat. Meanwhile, a giant rabbit called ‘Paris’ peers round a curtain on the stage …

This October Prime Minister Morrison tried something of a similar trick, releasing the ‘Australian Way’, a climate ‘plan’ that ramped up Australia’s climate ambition to Net Zero by 2050, without the benefit of any new policy to support this heightened ambition.

With almost breathtaking hutzpah, Mr Morrison even told the domestic audience that ‘the Australian way shows a way for other countries to follow’! Meanwhile, a justified monstering awaited him at Glasgow …

A Magic Pudding

At the time of the PM’s announcement, my immediate thought was not of magicians but of Norman Lindsay’s 1917 children’s book, The Magic Pudding, in which Albert, the irascible pudding, is forever being eaten but is never consumed.

When the ‘modelling’ behind the plan was released, it confirmed my suspicion of ‘magical thinking’. For example, it uses an unrealistic baseline scenario called ‘No Australian Action’, in which every country except Australia reduces their emissions to achieve a below 2 degrees emissions trajectory. The scenario then assumes that the only adverse reaction to such free riding by Australia comes from investors imposing a capital risk premium.

Meanwhile, the costs of climate inaction, imposed by extreme weather, climate refugees and so on do not rate a mention.

Content-free reform

While the government has yet to display such blatant ‘magical thinking’ in its approach to reforming Australia’s national environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), it is certainly showing ‘magical’ tendencies in the sense that the ‘reforms’ it has announced to date contain nothing real.

Readers will recall that the EPBC Act was the subject of a major independent review by Professor Graeme Samuel in 2020. The centrepiece of the Samuel Review was a shift from process-based regulation to outcome-based National Environmental Standards.

Releasing a reform ‘pathway’ in response to the Samuel Review in June this year, the Government announced that it would adopt Interim Standards that — wait for it — reflected the (process-based) status quo!

Yet all is not quite as vacuous as it seems. The government does have an agenda, just not one concerned with halting environmental decline.

Rather, its priority is to devolve environmental approvals to the states. It has labelled its devolution proposals as ‘single touch’ approvals and declared these to be the ‘priority reforms’ in its response to the Samuel Review.

While, on paper, there’s a timeline for substantive environmental reforms to come later, in reality, nothing happens until Parliament passes the necessary legislation.

The subtext? If you want environmental reform, you’ll pass our devolution laws.

Trouble is, the devolution laws are stuck in the Senate and are looking increasingly unlikely to pass. Cross-benchers have called the government’s bluff.

So, with an election looming, will the government be content to leave it at that?

One more shot in the environmental reform locker?

Well, the government has another shot in its environmental reform locker, but it is not clear how they will use it.

In the last federal Budget, they announced $2.7 million over three years to pilot a Commonwealth-accredited regional plan to ‘support and accelerate development in a priority regional area’. Tiny as it is, this is a response to one of Professor Samuel’s 38 reform recommendations.

Accrediting bioregional plans under the EPBC Act holds the prospect of both better-protecting the environment while also fulfilling the government’s dream of getting the federal government out of giving environmental approvals on a case-by-case basis and leaving that to the states.

Especially in light of the Senate bottleneck with the ‘single touch’ legislation, you’d think the government would have moved quickly with this project, to get some runs on the board before the election.

This expectation is reinforced by the Budget itself, with the largest share of the funding, $1.179 million, allocated to the current financial year.

Yet with the year almost half over, there’s been no announcement of a partnership with a state or territory for the pilot plan.

Going to plan(?)

So, is the federal government taking regional environmental planning seriously? If it does, there’s a lot of groundwork to do and statutory requirements to be met. ‘Bioregional’ plans, as the EPBC Act calls them, can be disallowed by either House of Parliament; they could also be subject to court challenge if substantive requirements were not met.

With nearly half the year gone, there’s probably not time before the election for much more than an announcement of a deal with one lucky state or territory to develop a pilot regional plan.

Not a lot of electoral bang there.

And there are also potential downsides. For example, the exercise of preparing a regional plan might reveal that the environment in that region in fact needs more protection (and more investment in recovery) that the government might like.

There’s always the base political option of not taking regional planning seriously and simply putting a federal ‘koala stamp’ on an existing, or rustled up, state plan. This could then be trumpeted as the first instalment of a major reform, though it would almost certainly bring on Parliamentary and legal challenges.

Certainly nothing for the environment in that. But would the Coalition see votes in it?

Or will it simply roll out some ‘practical environmental restoration’ (known to the rest of us as marginal-electorate-targeted environmental pork barrelling) as it did last time with the $100 million Environmental Restoration Fund?

Magic Pudding anyone?

Banner image: And for my next trick (Image by u_dg9pheol at Pixabay)