Trust us? Well let’s look at your record

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Can governments be trusted to set and enforce effective environmental standards?

By Peter Burnett

Can Governments be trusted to set and enforce effective environmental standards? By ‘effective’, I mean standards that protect the environment to the point of halting long-term environmental decline?

I’m asking this question because in the current debate about reform of Australia’s national environmental law, the EPBC Act, environment minister Sussan Ley is saying ‘trust me’ on two major issues, both arising from Professor Graeme Samuel’s Independent Review of the EPBC Act.

First, she is rushing through a small but controversial set of legislative changes while promising more extensive reforms to come.

These initial changes are about reducing duplication and ‘green tape’ by introducing ‘single touch’ environmental decisions. They are posing as the first tranche of reform but are in fact a recycled version of the Abbott government’s ‘one stop shop’.

Second, the Government has rejected the recommendation of the Independent Review that there should be an ‘independent cop on the beat’ to regulate States accredited to make ‘single touch’ decisions. Without such a regulator, it would be up to Minister Ley to call to account any State making decisions that didn’t comply with Samuel’s proposed National Environmental Standards.

Unfortunately, I don’t think the government can be trusted on this. But it’s not about anyone’s personal qualities. It’s about the politics. I base my argument on two examples, Regional Forest Agreements (RFAs) and the Environment Restoration Fund (ERF).

Trust us on the forests

RFA’s were developed in the 1990s as the solution to the ‘forest wars’, especially over the harvesting of old growth forests to produce wood chips. The idea was that, following an environmental assessment, Federal and State governments would produce a 20-year plan, in the form of an RFA, for each forestry region.

There are 10 RFAs across southern Australia. Each one identifies areas for harvest and sets out how the State will conserve ecological values such as threatened species. In return, the Commonwealth grants export licences for forest products covered by the RFA and exempts forestry in RFA areas from the need for development approvals under the EPBC Act.

In 2006 Bob Brown challenged a Tasmanian RFA on the ground that Forestry Tasmania were failing to deliver the protection required by the RFA for several threatened species. He won the initial challenge but lost on appeal.

The interesting point however is not who won or lost but what happened between the initial case and the appeal.

Obviously the Federal and Tasmanian governments were concerned that the appeal court would uphold Brown’s win. So they changed the wording of the RFA. Instead of requiring that the species be protected (by applying agreed management prescriptions), the amended RFA specified that the establishment of the CAR (Comprehensive Adequate and Representative) Reserve System, together with the application of the agreed prescriptions, protected the species.

In other words, instead of requiring an actual environmental outcome, the RFA deemed the agreed inputs to be delivering the outcome.* The two governments were concerned that the law might require, not just that they take action, but that they actually achieve a result!

Trust us on endangered possums

Similar sentiments can be seen at play in the Leadbeater’s Possum Cases of 2018 and 2020, in which environment group Friends of Leadbeater’s Possum took VicForests to court, twice, arguing that the corporation was failing to comply with the RFA and that as a result it had lost its RFA exemption under the EPBC Act. (The cases also related to the Greater Glider.)

The cases are complex, but in brief the Court held that to maintain its EPBC Act exemption, VicForests had to conduct its forestry operations ‘in accordance with’ the RFA.

The first challenge failed because it was based on the failure of the Federal and Victorian governments to conduct, in a timely way, the five year reviews required under RFAs. The court said these reviews, though performing a ‘critical’ role in preserving the currency, appropriateness and effectiveness of the RFA, were not integral to forestry operations.

The second challenge was based on VicForests’ failure to comply to apply the precautionary principle, as required by the Victorian Code of Practice for Timber Production, in planning its logging activities. This time the challenge succeed, because the planning process was integral to forestry operations.

Again, the interesting point here is not so much the outcomes of the cases but the attitude of governments.

First, the Federal and Victorian governments were significantly late in conducting regular reviews of the RFAs. In fact, they missed the first one altogether. And, in playing ‘catch up’, they didn’t review the five Victorian agreements individually but rolled the reviews into one.

This creates a strong impression of initial neglect on both sides, followed by a scramble to get into compliance.

Second, rather than comply with the precautionary principle by undertaking serious on-ground monitoring work, VicForests relied on ‘desktop and other theoretical methods’ which the Court found to be flawed. In fact, the Court said that VicForests had prepared ‘defensive documents … suggesting VicForests felt obliged to have a policy addressing further protection for the Greater Glider, but was reluctant to implement it’.

Again, one is left with the strong impression that protecting the environment was far from the minds of those concerned.

Trust us on restoration

As I’ve written about the Environment Restoration Fund before, I’ll just recap briefly.

This $100m fund was announced in the 2019 Federal Budget, just before the election. The fund was presented as representing ‘practical environmental action’.

The government committed nearly 80% of the funds in the form of election commitments, ie. immediately, without calling for applications and without access to the usual expert advice about how to prioritise the spending for best environmental effect.

In other words, despite serious and ongoing environmental decline, the government’s ‘practical environmental action’ was, in reality, a pork barrel. When challenged about their approach in the Senate, the government’s main defence was that the Opposition did this sort of thing too.

So, who do ya trust?

I could go on, but in my view these two significant examples alone suggest strongly that governments, irrespective of political persuasion, or whether Federal or State, cannot be trusted to implement good environmental policy. Without ginger groups such as Friends of Leadbeater’s Possum to keep them honest, or Professor Samuel’s ‘independent cop on the beat’, they have a strong tendency to ‘talk the talk’ but not ‘walk the walk’.

The politics are just too hard.

With the RFA’s, I’m betting politicians still have an indelible memory of the timber trucks encircling Parliament House, like ‘Indians’ riding around the circled wagons in an old Western, even though this occurred more than 25 years ago. Once bitten, not just twice shy but pathologically averse to stirring up the timber industry.

With the ERF, the Morrison Government was widely expected to lose the 2019 election and perhaps this was an initiative born of desperation. The fact that it worked will only suffice as justification to the most rusted-on Coalition supporters. For the rest of us, it’s only helped to reinforce the widely held view that governments can’t be trusted.

So, while it’s possible that we’ll get a reasonable set of National Environmental Standards out of the current national environmental law review, because talk and even laws are cheap, it’s much less likely that governments would implement them effectively, if left to their own devices.

Bring on Professor Samuel’s independent cop on the beat!

Image by Pixabay

*On appeal, the Full Federal Court said that the change was unnecessary and that, as a matter of interpretation, the original words only required the application of the agreed prescriptions and not the achievement of protection, but this is beside the point.

The bumblebee conspiracy

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Could the quest for ‘single touch’ environmental approvals spread a dangerous feral species?

By Peter Burnett

The Government is intent on pushing through its partial agenda on environmental reform — it’s so called ‘single touch’ approvals approach — even at the expense of pre-empting the current independent review of the EPBC Act. To do that it’ll need to buy a few votes from the Senate cross benches.

In anticipation of a Parliamentary debate I’ve been digging through some recent legislative history and I’ve started to hear a loud buzzing noise. There’s a bumblebee in this equation and if we’re not careful it may soon be pollinating a weed near you.

Before I reveal the bumblebee, some background.

The buzz of ‘green tape’

As most of our readers will know (because we’ve discussed it from many angles), Professor Graeme Samuel is conducting a 10-year review of the EPBC (Environmental Protection and Biodiversity Conservation) Act and has released an Interim Report. He has recommended a new approach to environmental protection based on National Environmental Standards (which would be interim in the first instance).

One of the drivers for EPBC reform is duplication and overlap between Commonwealth and State environmental impact assessment (EIA) systems. This problem is real enough, although the Government is one-eyed about it, framing the issue pejoratively as ‘green tape’ and talking little of anything else in the environmental reform space beyond its response to this issue, ‘single touch approval’.

‘Single touch approval’ is the Government’s new name for the failed ‘one stop shop’ initiative.

The Government is so focused on this issue that it will be introducing hastily-drafted legislation, probably this week, to hand over most Commonwealth EIA decision-making authority to the States.

It says that this accreditation will be based on Professor Samuel’s Interim Standards, even though they do not exist yet.

In the meantime, Professor Samuel continues with his review. He has formed a Consultative Group to help develop an interim set of Standards. The Group consists mostly of major stakeholders such as the Business Council of Australia and Australian Conservation Foundation, but it also includes a couple of individuals (including me).

Enter the bumblebee

Apart from EIA, the EPBC Act also plays a significant part in dealing with landscape-scale threats, including weeds and pests.

One of the Threat Abatement Plans made under the Act deals with gamba grass and four other invasive grasses in Northern Australia. Ironically, many of these grasses were deliberately introduced as improved pasture plants that then escaped to become major environmental threats.

The EPBC Act also makes it an offence to possess a exotic plants or animals that are not on the Live Import List. This offence applies even to feral species that have become established here.

One such species is the large earth bumblebee (Bombus terrestris), which apparently was smuggled into Tasmania from New Zealand in the 1990s and has since become established there. (At this time, the bumblebee is not found on the mainland). The likely reason for smuggling is that the bumblebee is a very efficient crop pollinator and could be a boon to horticulture, including tomato-growing.

Several applications have been made by the horticulture industry to include the bumblebee on the Live Import List and so allow its use as a pollinator, but each application has been rejected because of the biosecurity risks, which include out-competing native bees and, through their efficiency as pollinators, exacerbating the impacts of weeds.

Could a bumblebee buy a vote?

Why am I linking weeds and feral animals with environmental review and reform? Well, as I write, the Commonwealth’s urgent Bill has yet to see the light of day. However, rumour has it that it will draw heavily on the Abbott Government’s ‘one-stop-shop’ EPBC Amendment Bill, which was introduced in 2014 and was allowed to lapse in 2016 after it became clear that it would not pass the Senate.

I went back over that 2014 Bill. Initially, I was puzzled by blandly described amendments in the proposed Bill that would allow people to apply for permission to possess live specimens of feral animals. These seemed to have no connection to the one-stop-shop reforms.

Further research revealed that this amendment was proposed by the Government to secure the support of Independent Senator Jacqui Lambie. The amendments would allow a two year ‘trial’ in Tasmania of the pollination of greenhouse-grown tomatoes by bumblebees.

Given previous assessments that this would pose unacceptable risks to biosecurity, I was shocked that Senator Lambie would seek, or worse, that the Government would agree to, such an amendment. It was only by luck that the ‘trial’ did not proceed because of opposition to the Bill on other grounds.

But some bad ideas just will not die. I was shocked again to find that even though the Bill had lapsed, the bumblebee proposal was later considered by a Senate Committee, which supported the idea unanimously! Even Senator Whish-Wilson of The Greens supported it!

The shock of the bumblebee

I also discovered that I was not the only one shocked. The Invasive Species Council, a non-profit advocacy group, published an article in the Feral Herald (best newsletter name ever!) expressing their shock that the warnings from the CSIRO and the Environment Department, together with opposition from the Honeybee Industry Council, the South Australian Government (plus bans in NSW and Victoria) and the Council itself, were not enough to deter the Committee from supporting the plan.

I’m raising all this because, once again, the Government are likely to need Senator Lambie’s support to secure passage of their hasty reforms. Given this, and the Government’s subsequent endorsement in 2019 of the Committee recommendations, I expect they will include it in their ‘single touch approval’ Bill.

As the Invasive Species Council has pointed out, legalising the use of feral bumblebees in Tasmania will create a perverse incentive for someone to smuggle them to the mainland.

A cost-benefit analysis taking this into account would find the small benefits in Tasmania to be vastly outweighed by the likely costs nationwide.

The contested arena of environmental reform is already littered with complexity, ideological conflict and vested interests. In case there was any doubt, now we can add irrationality to the list. And irresponsibility.

Image by Nel Botha from Pixabay

Effective environmental reform: What are the prospects?

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Change is in the wind. There is cause for hope but also for caution

By Peter Burnett

The Review of the nation’s premier environmental law, the Environment Protection and Biodiversity Conservation Act (EPBC Act) is showing signs that it could reshape the environmental policy agenda in Australia.

The Review is being led by Professor Graeme Samuel. Despite having no background in environment, Professor Samuel has shown in his interim report (released last month) that he is well-across the problems of the environment and the failings of the EPBC Act. And he has taken a clear stance on solutions through his proposal for National Environmental Standards.

On the other hand, the Government has stuck to its very narrow focus on efficiency through its ‘green tape’ narrative. It is also in an unseemly rush (as I discussed last time), proposing to push legislation through the Parliament this month to accredit states to give federal environmental approvals on the basis of interim Standards, without even waiting for Professor Samuel’s final report, due on 31 October.

With a potential clash looming between policy-driven reform and politically-driven change, what are the prospects for effective reform, by which I mean reform that has reasonable prospects of halting Australia’s well documented environmental decline?

The positives

A cynic would say we’ve been pursuing environmental protection for fifty years now, with limited impact, so why would things change now? My response is that there are some significant new factors at play and that, as an optimist, I’m hoping some of them might carry the day.

First, there are some significant shifts taking place in business in terms of climate change. A number of major companies have adopted policies of ’net zero by 2050’, as has the Business Council of Australia, which represents Australia’s largest companies.

My own explanation for this change is that climate issues are now emerging over the business horizon. Factors such as shareholder concern, directions from business regulators to address climate risk and rising insurance premiums, not to mention the risk of being sued, all mean that climate change is, for them, no longer ‘out there’.

Second, Australia’s Black Summer of 2019-2020 confronted the nation not just with the impacts of climate change on humans, but with the impacts on nature as well. Initial reports were that the fires killed over a billion vertebrate animals, but a new report concludes that the figure is around three billion if the casualty list is expanded to include injured and displaced animals.

Third, Professor Samuel himself, appointed by a government of the political Right and coming from a background in law and business, is, through his report and public statements, helping to legitimise the environment as a concern of all rather than just those on the Left.

Significantly, Professor Samuel’s framing of environment policy in terms of desired outcomes and standards, across the board, could prove instrumental in shifting debate away from individual controversies such as the Adani coal project, towards policy-relevant questions like ‘what are we trying to achieve?’ and ‘what does a sustainable environment look like?’

If general environmental decline is socially unacceptable (which I think it is), then it is hard to argue against a goal of halting the decline and setting legally-binding standards to give it effect.

It’s also harder to get traction at a high level for a general ‘jobs-and-growth’ argument, than it is to make a project level claim that ‘this mine will create thousands of jobs in this region’.

And if a leading business person like Professor Samuel is driving a process to nail down exactly what halting that decline will require, political arguments about ‘green agendas’ and the like will not apply.

Negatives

Of course, it would be one thing to persuade a Professor writing a report and something else entirely to carry the day politically.

The influence of these positive factors may not extend beyond Samuel’s report. The Government may be unmoved and has already ruled out one critical element of the Samuel model, an independent compliance regulator.

Indeed, the Government may have its first (and possibly only) tranche of reforms enacted before he submits his final report.

In that regard, even if Labor and the Greens oppose the Government’s plan, it needs the support of only three cross-benchers to get its Bill through the Senate. The prospects of securing three votes from among two One Nation senators, two Centre Alliance and Jacqui Lambie, must be reasonably good.

At this stage then, the likely scenario is that Professor Samuel’s final report in October will make strong recommendations for National Environmental Standards and supporting measures, but the Government will pre-empt that by securing passage of EPBC Act amendments that will see States accredited to make the Prime Minister’s ‘single touch’ development decisions on the basis of ‘interim’ standards by Christmas.

And on balance?

What prospects then for major reform? If the Government wins over the Senate, the reform horse will have bolted. It will be very hard to implement Professor Samuel’s strategy of progressive development and tightening of interim standards while no longer holding the carrot of State accreditation.

Despite this, I remain hopeful. The Senate Cross-bench may be persuaded to insist on considering the final Samuel Report before legislating. And that final report may make a convincing case for comprehensive reform.

It is even possible that the Prime Minister meant what he said in May in his National Press Club address on post-pandemic recovery:

As we reset for growth, [we] will be guided by principles that we as Liberals and Nationals have always believed in, to secure Australia’s future and put people first in our economy...

Secondly, is the principle of caring for country, a principle that indigenous Australians have practiced for tens of thousands of years.

It means responsible management and stewardship of what has been left to us, to sustainably manage that inheritance for current and future generations.

We must not borrow from generations in the future, from what we cannot return.

This is as true for our environmental, cultural and natural resources as it is for our economic and financial ones.

Governments therefore must live within their means, so we don’t impose impossible debt burdens on future generations that violates that important caring for country principle.

Image: Image by christels from Pixabay

The choir – lobbyists and powerbrokers

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Who is singing and who is listening in the biggest environmental game in town?

By David Salt

The biggest environmental policy game in town at the moment is the review of the EPBC Act. That’s because the outcome of this review will have a major bearing on how governments deal with the perennial tension between economic development and environmental protection. It could influence how our nation looks after our environmental values for years, maybe decades, to come. It is a big deal.

Last week the government belatedly released the draft report of the review (led by Professor Graeme Samuel). This draft pointed out the EPBC Act was failing on multiple fronts. It was failing to protect the environment and it was too slow in processing development approvals. It proposed a range of reforms (and these have been discussed at length by many).

I’m always fascinated by what lobby groups say when reviews such as this are released. Their public statements come out so fast on the heels of the release I really wonder if they have even read the document (or even its executive summary). Reading their statements it quickly becomes apparent that most of their words are simple rehashes of their lobby platforms – what they want the public to think about them, and what they want the government to do in respect of the stakeholders they represent.

Let’s look at a few of those statements

Political statements

First up, there’s the draft review itself. It’s released by the Department of Agriculture and Environment (DAWE), the Department that oversees the EPBC Act (we’re already getting a signal even in the Department’s title on the priority given to the environment). The media statement provides a fairly good summary of the draft review with a link to the review itself.

Central to Samuel’s review is the belief that a set of National Environment Standards need to be developed, duplication between state and federal levels needs to be reduced and that an enforcement regulator needs to be established. On this final point, he said: “Community trust in the EPBC Act and its administration is low. To build confidence, the Interim Report proposes that an independent cop on the beat is required to deliver rigorous, transparent compliance and enforcement.”

Following simultaneously on this release comes the statement from the Government which thanks Professor Samuel for delivering the report, agrees we must end duplication and instantly squashes any idea that an ‘independent cop’ will be brought in. The government will not “support additional layers of bureaucracy such as the establishment of an independent regulator.” (It should be noted that when Labor was in government when the EPBC Act was last reviewed in 2009 that it similarly rejected the proposal for a ‘greenhouse trigger’ because it added layers of bureaucracy to the Act.)

The opposition party then follows with a statement saying it’s all the government’s fault: “In considering the Samuel Review Interim Report, it’s important to understand that Australia’s biggest problem in environmental management has been blue tape: delays and poor decision-making caused by Liberal and National cuts and mismanagement.”

Predictably, the Greens are also blaming the government for everything that’s wrong, and bitterly disappointed in their flat rejection of a regulator: “Environmental standards will be worthless if there is no one there to enforce them. This report shows the government can’t be trusted.”

Business statements

The Business Council of Australia was complimentary in its appraisal of the review: “What has been achieved in this review is a way forward that increases accountability, increases the transparency of decision making and retains the central goal of protecting the environment.” Pity the government’s already killed the prime mechanism for enhanced accountability.

The Minerals Council of Australia sees it as a greenlight for development: “Faster approvals, greater national cooperation and clearer guidelines on environmental management will boost jobs and investment and improve biodiversity outcomes.” They’re delighted by the government’s commitment to develop a ‘single touch’ approach to assessment: “The interim report highlights the need to address unnecessary regulatory complexity and duplication – including overlapping state and federal processes which deter investment.”

The Association of Mining and Exploration Companies and the Australian Petroleum Production and Exploration Association pretty much parrot the Minerals Council’s thoughts. Less duplication and faster approvals are essential; though they don’t have much to say about improved environmental outcomes beyond suggesting they think they are important too.

But it’s not just the miners who see gold in the report, the farmers see carrots. The National Farmers Federation said: ““For too long the regulatory stick has been preferred, despite biodiversity outcomes actually declining. The solution is in a market-based approach rather than a stronger stick. It is time for some carrots.” I think the NFF are also not a fan of the ‘independent cop’ idea.

The foresters are also keen to support the report’s call for greater clarity, in their case clarity between the EPBC Act the Regional Forestry Agreement process. The Australian Forestry Products Association said: “This is our chance to ensure the right protection for our environment while also unlocking job-creating projects to strengthen our economy and improve the livelihoods of every-day Australians.”

Environmental sector statements

So business interests everywhere are in furious concord, the review is good if it reduces transaction costs around environmental protection. What are environmental NGOs saying? They are somewhat worried.

The Australian Conservation Foundation said: “the Federal Government would be lining up Australian wildlife for extinction if it rushes to devolve environmental approval powers to states”.

The Wilderness Society is also concerned by an apparent devolution to the states. It said: “Professor Samuel’s report outlines that environment laws are rarely policed, that endangered species recovery plans are rarely implemented, that Australia’s most important environmental values are in decline and yet the central Government response is to seek to hand environmental approval powers to the states with no concrete proposals to address any of the main environmental challenges facing Australia.”

The Invasive Species Council’s response was that it welcomed what it said was a “less reactive, more comprehensive response to Australia’s growing biodiversity crisis”. It supported the call for ‘strategic national plans’ and ‘regional plans’ but was “greatly disappointed that the Environment Minister today ruled out Samuel’s proposal for an ‘independent monitoring, compliance, enforcement and assurance regulator’.”

The choir

These were just the statements I saw in response to the release of the draft review of the EPBC Act. I’m sure there were many more but they give you a good flavour of the push and shove following such an announcement.

Most people never see these statements beyond, maybe, a quote here and there used in news stories, normally to add a bit of colour to the otherwise drier reportage. However, these statements are always coming out from the different lobby groups whenever the government makes a statement on anything, the story being reported here is just one from the environment sector.

These statements telegraph to the government what different stakeholder groups are expecting from our political leaders. You’ll often see lobby groups repeating phrases used by the government (like ‘single touch’ approval processes) giving them credence and solidity. Sometimes it’s the other way around; the government will pick up on phrases coined by a lobby group.

And, of course, this is just the visible signs of the lobbying process. There’s a whole industry based on cultivating influence of the government and most of it happens behind closed doors and is unseen by the public.

Having worked for many years in science communication connected with biodiversity conservation I’ve seen this game of duelling public statements many times. It amazes me the seeming co-ordination with which it happens, with each side singing to their own constituency and maybe pulling the strings behind some of the important decisions.

In this current situation relating to the EPBC Act, the industry groups seem to be at one with the government’s message of shorter approval times, less regulation and less bureaucracy. This is only an interim report but it provides a clear idea of what the final report will contain, and we also have a good idea which bits the government will act on (and which bits it will reject).

Missed the boat

The review is currently calling for public feedback on the interim report. But you’ll have to be quick. Having been given the report by Graeme Samuels last month but only releasing it last week, the government will only accept feedback till 17 August. The final report is due in October.

Though, even if you respond through the official channels, it could be you’ve already missed the boat. It seems the Government is not waiting for the final report and have promised legislation in late August. The Prime Minister’s statement from the most recent National Cabinet yesterday said the Premiers were all on board and keen to sign up to ‘single touch’ asap (why wouldn’t they)?

It is quite clear which choir the Government is listening to.

Image by stanbalik from Pixabay

Environment Minister Sussan Ley is in a tearing hurry to embrace nature law reform – and that’s a worry

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The Morrison government has just released a long-awaited interim review into Australia’s federal environment law. The ten-year review found Australia’s natural environment is declining and under increasing threat. The current environmental trajectory is “unsustainable” and the law “ineffective”.

The report, by businessman and academic Professor Graeme Samuel, called for fundamental reform of the law, known as the Environmental Protection and Biodiversity Conservation (EPBC) Act. The Act, Professor Samuel says:
“[…] does not enable the Commonwealth to play its role in protecting and conserving environmental matters that are important for the nation. It is not fit to address current or future environmental challenges.”

He confirmed the health of Australia’s environment is in dire straits, and proposes many good ways to address this.

Worryingly though, Environment Minister Sussan Ley immediately seized on proposed reforms that seem to suit her government’s agenda – notably, streamlining the environmental approvals process – and will start working towards them. This is before the review has been finalised, and before public comment on the draft has been received.

This rushed response is very concerning. I was a federal environment official for 13 years, and from 2007 to 2012 was responsible for administering and reforming the Act. I know the huge undertaking involved in reform of the scale Professor Samuel suggests. The stakes are far too high to risk squandering this once-a-decade reform opportunity for quick wins.

‘Fundamental reform’ needed: Samuel

The EPBC Act is designed to protect and conserve Australia’s most important environmental and heritage assets – most commonly, threatened plant and animal species.

Professor Samuel’s diagnosis is on the money: the current trajectory of environmental decline is clearly unsustainable. And reform is long overdue – although unlike Graeme Samuel, I would put the blame less on the Act itself and more on government failings, such as a badly under-resourced federal environment department.

Samuel also hits the sweet spot in terms of a solution, at least in principle. National environmental standards, legally binding on the states and others, would switch the focus from the development approvals process to environmental outcomes. In essence, the Commonwealth would regulate the states for environmental results, rather than proponents for (mostly) process.

Samuel’s recommendation for a quantum shift to a “single source of truth” for environmental data and information is also welcome. Effective administration of the Act requires good information, but this has proven hard to deliver. For example the much-needed National Plan for Environmental Information, established in 2010, was never properly resourced and later abolished.

Importantly, Samuel also called for a new standard for “best practice Indigenous engagement”, ensuring traditional knowledge and views are fully valued in decision-making. The lack of protection of Indigenous cultural assets has been under scrutiny of late following Rio Tinto’s destruction of the ancient Indigenous site Juukan caves. Reform in this area is long overdue.

And notably, Samuel says environmental restoration is required to enable future development to be sustainable. Habitat, he says “needs to grow to be able to support both development and a healthy environment”.

Streamlined approvals

Samuel pointed to duplication between the EPBC Act and state and territory regulations. He said efforts have been made to streamline these laws but they “have not gone far enough”. The result, he says, is “slow and cumbersome regulation” resulting in significant costs for business, with little environmental benefit.

This finding would have been music to the ears of the Morrison government. From the outset, the government framed Samuel’s review around a narrative of cutting the “green tape” that it believed unnecessarily held up development.

In June the government announced fast-tracked approvals for 15 major infrastructure projects in response to the COVID-19 economic slowdown. And on Monday, Ley indicated the government will prioritise the new national environmental standards, including further streamlining approval processes.

Here’s where the danger lies. The government wants to introduce legislation in August. Minister Ley said “prototype” environmental standards proposed by Professor Samuel will be introduced at the same time. This is well before Samuel’s final report, due in October.

I believe this timeframe is unwise, and wildly ambitious.

Even though Samuel proposes a two-stage process, with interim standards as the first step, these initial standards risk being too vague. And once they’re in place, states may resist moving to a stricter second stage.

To take one example, the prototype standards in Samuel’s report say approved development projects must not have unacceptable impacts on matters of national environmental significance. He says more work is needed on the definition of “unacceptable”, adding this requires “granular and specific guidance”.

I believe this requires standards being tailored to different ecosystems across our wide and diverse landscapes, and being specific enough to usefully guide the assessment of any given project. This is an enormous task which cannot be rushed. And if Samuel’s prototype were adopted on an interim basis, states would be free, within some limits, to decide what is “unacceptable”.

It’s also worth noting that the national standards model will need significant financial resources. Samuel’s model would see the Commonwealth doing fewer individual project approvals and less on-ground compliance. However, it would enter a new and complex world of developing environmental standards.

More haste, less speed

Samuel’s interim report will go out for public comment before the final report is delivered in October. Ley concedes further consultation is needed on some issues. But in other areas, the government is not willing to wait.

After years of substantive policy inaction it seems the government wants to set a new land-speed record for environmental reform.

The government’s fixation with cutting “green tape” should not unduly colour its reform direction. By rushing efforts to streamline approvals, the government risks creating a jumbled process with, once again, poor environmental outcomes.

Image by MrsKirk72 from Pixabay

This story originally appeared in The Conversation.

Health trumps economy; economy trumps environment

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Political priorities hinge on voter values

By David Salt

As CoVID 19 burns it way through 2020, the economy is taking a king hit. And I don’t simply mean a downturn in economic activity and ‘wealth’ creation; I also refer to the hegemony of economic advice in our national decision making. Traditional economic advice is taking a back seat to health advice.

The environment, as always, isn’t given any priority despite the environmental catastrophe of the wildfires at the beginning of the year.

Political priorities

The reason behind this switch of priorities is self evidently political. We have been receiving an avalanche of information and media showing us how bad the pandemic can be and our political leaders have had little choice but to follow expert advice on how to tackle this highly contagious virus because the consequences of not following this advice would be political death.

As I have discussed earlier (see ‘The man who shamed the PM’), Australia was uniquely lucky in its engagement with CoVID 19. Our national government was reluctant to bring on the lockdown because of the economic pain it would cause (even in the dying moments prior to the lockdown the PM was keen to promote mass crowd gatherings and wanted to personally attend rugby league matches) but the Black Summer of fire had our leaders hypersensitive to the perils of delay in the face of disaster. Consequently, they listened and responded quickly to the expert advice they were receiving.

And when that advice (and the government’s response) appeared to halt the virus in its tracks in Australia there was wide spread praise for government action and a belief that we had defeated CoVID 19.

Now we’re facing a second wave of disease with an explosion of cases in Victoria stemming from a breakdown in quarantine procedures. The critics are lining up to berate the Victorian State Government for not doing enough (often the same critics who castigated the Government for being too slow to reopen the economy) but all governments (state and federal) appear to be very responsive to the expert medical advice on how we need to respond as a society – close the borders, step up testing, enforce a lockdown of affected areas and increase community awareness of appropriate (and inappropriate) social behaviour.

Just as the bushfire emergency primed us for this pandemic emergency, so this breakout in Victoria is sustaining our vigilance and readiness to act on expert advice.

Real costs

Of course, this advice runs contrary to many economic advisers and business interests encouraging the government to open up the economy again.

Indeed some economists, such as Professor Gigi Foster from the University of NSW, say there’s a strong argument suggesting Australians would have been better off if the economy was never locked down, even if a “very extreme epidemic” had occurred. She points out that there are real and significant costs (including increased loss of life) associated with the economic lockdown that are not acknowledged by health experts who are just focussing on the impacts of the corona virus.

The Prime Minister tells us the lockdown is costing the economy $4 billion a week and that we need to get one million Australians back to work.

Of course, every decision has a cost, but these costs vary over time and space with different impacts on different people. The costs that matter most to our political leaders are those costs their voters perceive to be the most important to them. At this instant, voters are most scared about the immediate health implications of an unraveling pandemic.

A hierarchy of concern

Yes, those same voters are worried about the death of the Great Barrier Reef due to climate change. Indeed, a recent ABC poll found 60% of Australians believer climate change is real and present and “immediate action is necessary” (with another 24% feeling “some action” should be taken). The experts have provided the government with detailed advice on what action it needs to take to counter climate change but that advice by and large has been ignored, primarily behind the cover that it will hurt our economy.

The government is currently reviewing its premier environmental law and the line it is running is the primary focus needs to be on how it can be reformed to speed up economic growth (a line strongly backed by the resources industry).

Time and again we see it, the economy trumps the environment. Recall former Prime Minister Abbott’s words after the last election: “Where climate change is a moral issue we Liberals do it tough. Where climate change is an economic issue, as tonight shows, we do very, very well.”

However, in these strange times we’re seeing something new – health is trumping the economy. Could this be the proximity of the issue to your average voter? Considerations about the Great Barrier Reef don’t affect your average Australian on a day-to-day basis. The cost of petrol (and the strength of the economy and the employment market) does. However, the availability of toilet paper and the fear of your workmates, neighbours and family, trumps your concern about the strength of the economy.

Environment first

Which leads to a fairly sad conclusion when it comes to environmental protection; it will only become a significant priority (to our political leaders) when it is perceived (by voters) as being fundamental to their day-to-day welfare and intrinsic to their economic wellbeing.

As one voter, I hold these truths to be self-evident (ie, the environment is central to our quality of life), as do many of the voters whose lives were shattered by the Black Summer fires. But I’m certain this is not the case for the wider electorate where the environment is only a consideration after everything else has been addressed.

Until the environment is perceived as central to our sustainable health and wellbeing (and under immediate threat), it will always be trumped by other values. That’s something every environmental expert should keep in mind when telling the world about their latest scientific insight.

Image by Alexandra_Koch from Pixabay

Have I got a (new green) ‘deal’ for you

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Open your eyes to a new framing for environmental reform and you’d be amazed what can be achieved.

By Peter Burnett

Reform is tough and environmental reform is no exception. It’s tough because the choices on the table almost invariably involve looking at the status quo, figuring out the trade-offs, and revealing winners and losers. The losers often use, or threaten to use, their political power to try and block the reform. As a result, instead of transformative and enduring change, we usually end of up with incremental shift that solves little.

But it may not have to be this way if we enter the reform process with a different framing of the problem and potential solutions. I’m going to try some reframing here by building on two things: overlaps in ecological and economic thinking and a change in Australian political culture produced by the pandemic. What might be achieved if this reframing was applied to the current review of the EPBC Act (Australia’s premier environmental law)?

On free lunches

Writing nearly fifty years ago for a public that was showing unprecedented concern about a degrading environment, ecologist Barry Commoner explained ecology by formulating four simple laws.

The first was ‘everything’s connected to everything else’. The second and third were ‘everything must go somewhere’ and ‘nature knows best’.

The last law was already familiar to economists: ‘there’s no such thing as a free lunch’ (which, by the by, also happens to be the slogan of our blog).

Economists had long recognised that every choice involves costs, starting with the opportunity cost of not doing something else. A choice to commit resources to one project inevitably means that those resources are no longer available for another.

Commoner was simply pointing out that environmental choices have a cost too. To take a straight-forward example, the more we use the airsheds above our cities as a sink for pollution, most of which comes from vehicles, the less those airsheds can do for us in supporting health and amenity. While we can certainly opt for some of each, the laws of nature preclude us from having both – there’s no such thing as a free lunch.

The facts of life

These ‘facts of life’ often leave us making binary choices and trade-offs (more of this and less of that). We can’t avoid choices, but sometimes we can change the facts that we are choosing between by reframing the problem.

Consider this energy example: developments in battery technology have made electric vehicles a feasible alternative to vehicles powered by fossil fuels. But they cost more, at least for the time being.

Returning to our urban air quality example, instead of choosing between driving more kilometres and reduced air quality, we could decide that high pollution levels are unacceptable and take polluting options off the table. Instead, technology would now allow us to frame our choice as between restrictions on (fossil-fueled) vehicle use and the cost of switching to (unrestricted) electric travel.

Yet we tend to stick to traditional framings. New approaches can be expensive and risky, or challenging to assumptions, values and interests. Consider our last federal election. The Opposition put forward a policy promoting electric vehicles; the government ran a scare campaign somehow connecting this to tradies losing their (fossil-fueled) utes.

Same old, same old

You see this phenomenon in politics all the time. It’s much easier to frame a debate in traditional ways than to risk rocking new boats or getting lost in complexities.

Take the current review of Australia’s national environmental law, the Environment Protection and Biodiversity Conservation (EPBC) Act, best known for requiring environmental impact assessment (EIA) of developments affecting threatened species and other ‘matters of national environmental significance’. The review is led by Professor Graeme Samuel, a commercial lawyer and regulator.

You can see the arguments playing out in the media. Pro-development interests emphasise the cost of duplication and delay while sloganeering about cutting green tape, while pro-environment groups argue that the current law has failed to slow accelerating environmental loss, while also demonising big business.

Same old arguments, same old replies.

Slogans aside, both sides are right. There is duplication and delay between federal and state EIA, and the EPBC Act is failing to put a measurable dent in environmental decline. If ever there was a time to attempt a reframing of the debate, surely this year, one of unprecedented bushfire crises and an economy king-hit by COVID-19 and in need of some wins, is it.

An inter-connected whole

There is another approach, a deal to be done here, but we’d have to think differently about how we do government.

Everything’s connected to everything else. Not just in the physical environment, but in the way we manage things in a federal system, which prefers to slice the environmental cake neatly into Commonwealth and State slices.

Back in the early 1990s we dealt with this problem through COAG (the Council of Australian Governments), drawing up an ‘Intergovernmental Agreement on the Environment’.

With that agreement moribund, it’s time for a new one. The trick would be for both levels of government to agree that the environment is an inter-connected whole, requiring a common policy framework and a shared commitment to high standards of conservation.

Implementation would be based on three main principles: scale, planning and cooperation.

The first is the principle of scale. This would see the Commonwealth focusing on the issues of largest scale, whether in terms of geography, politics or environmental significance, while the States would focusing on issues of regional and local scale. So the Commonwealth would lead on climate change for example, while the States would focus on development approval and catchment management.

The second is to plan, with those plans taking a proactive stance, a bias to conservation. This would involve preparing regional plans, which would protect areas of high conservation value while also identifying priority degraded areas for restoration.

The States would prepare these plans but the Commonwealth would accredit them as protecting matters of national environmental significance appropriately. It would then back that protection with investments, large ones; enough to restore environmental function to the point of resilience.

In return for legally binding State protection of its interests, the Commonwealth would bow out of EIA completely, saving considerable time and resources.

The third principle is good old-fashioned cooperation. This is never easy in a federal system, because the practical incentives to cooperate are often trumped by the political incentives of playing for advantage.

Not always however. As COVID-19 has shown, where there is real common cause, politicians of all stripes can get along famously.

Not a ‘Green New Deal’ but a new ‘Green Deal’

For this approach to work we’d have to agree that the environment is so important that federal-state politicking should come second. No easy task. We could start by asking independent statutory bodies like the Bureaus of Meteorology and Statistics to gather and hold environmental information, and to produce environmental accounts. This would guarantee an expert and impartial foundation of information for informed decision-making.

After our deadly Black Summer most people agree something needs to change.

In the Depression-era USA, President Franklin D Roosevelt enacted a wide-ranging and radical set of economic and social programs called the ‘New Deal’, to enable his country’s recovery. Currently there is much talk in the US about a ‘Green New Deal’ that will address climate change and economic inequality. This talk has spread to other countries, including Australia.

While the ‘Green New Deal’ might be seen as a project of the Left, could it be that in this extraordinary year of environmental, health and economic crises, the time for a new framing, a ‘New Green Deal’ has come?

The choices might still be hard but at least the trade-offs would be different. It’s at least time to start talking about it.

Image by FreePhotosART from Pixabay

The man who shamed the PM

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and thereby saved Australia

By David Salt

How did we do it? How did Australia beat COVID 19 when most other countries failed; failure being their inability to prevent the overloading of their health systems and the consequent death of tens of thousands of lives that should have been saved.

Is it because Australia has better leaders? Better health officials? Better people? Better geographical positioning?

Maybe our island continent’s physical isolation helped a little but I don’t think the other human factors had much to do with it, not directly anyway. Our health officials delivered similar advice to those health officials overseas but leaders in other nations often ignored this advice and shut the gate only after the horse had bolted (then searched for a scapegoat when their citizens started dying needlessly).

But our leaders followed the scientific advice pretty much to the letter. However, this is not in keeping with their behaviour in recent years in which they felt free to ignore, discount, denigrate or deny scientific advice that ran counter to their politics and ideology – think death of rivers, collapse of coral reefs and skyrocketing extinction rates.

And yet this time they did listen. What’s more, they showed how effective our federal system of governance could be when federal and state governments pulled together. How did we do it? Why did we do it differently this time?

The answer, I believe, is that our nation was primed for an unprecedented national response to an unprecedented national emergency by an earlier unprecedented national emergency. And I’ll make my case on this using what happened when our Prime Minister mis-read this earlier unprecedented national emergency.

Our PM’s Black Summer

Remember our Black Summer? The fires were extinguished only a couple of months ago but COVID 19 has relegated that disastrous time to a different age. But I reckon it was our experience of Black Summer that made the difference on how Australia responded to the ensuing COVID 19 pandemic.

And maybe the defining moment during this horror season on wildfire was when our Prime Minister Scott Morrison was rebuffed after making a unilateral announcement to bring in the army reserve on Saturday 4 January.

It was already clear by that stage that the Federal Government’s standard command-and-control approach wasn’t cutting the mustard. But, true to form, our leaders pushed on hoping to push through. And they played down the connection with climate change: ‘let’s not talk about that now, we must focus on the emergency’.

But the fire emergency was still escalating so the Government called out the army reserve without telling the states and simultaneously put out a political ad telling Australia what a great job it was doing. And they did it on the very day the wildfires were at their unstoppable worst.

The real heroes of the moment were the firies and emergency workers. When the NSW Rural Fire Service Commissioner Shane Fitzsimmons was told of the army reserve call out (by the media, not by the Federal Government) he was flabbergasted describing the manner of the announcement as “atrocious”.

And the whole country sat back and wondered what an earth the national government was playing at. Can they not see that in a time of national emergency that politics and ideology has to take a back seat to reasoned, evidence-based, co-operative action?

Well maybe that reality became apparent because after that incident they went decidedly quiet, letting the states, who have primary responsibility for fire management, take the running.

Not a panacea

A little bit later during this unfolding catastrophe, Conservative political leaders including our Prime Minister started looking around for a scapegoat for the wildfires and, predictably, targeted environmental groups and the Green Party as responsible for preventing hazard reduction burning in the lead up to the Black Summer.

Again, Commissioner Fitzsimmons spoke truth to power saying that hazard reduction is important but not a panacea for bushfire risk and has “very little effect at all” on the spread of fire in severe or extreme weather.

Fitzsimmons also pointed out that hazard reduction burning itself is extremely challenging and hazardous. What I didn’t know at that time but subsequently discovered on ABC’s Australian Story is that Fitzsimmons knows the perils of hazard reduction personally – his father burnt to death in a hazard reduction burn in Sydney’s north in the year 2000.

So one of our true national heroes of the Black Summer, Shane Fitzsimmons, called out our national government on at least two occasions while simultaneously showing what calm dedicated leadership looked like. Many hold him up as the type of leader we need in a national emergency.

It takes a disturbance to be prepared for a disturbance

If there is a silver lining on our Black Summer it’s that it knocked the hubris and arrogance out of our national government’s approach to dealing with mass disturbance. Had it have been a ‘normal’ summer I believe we would have taken our lead from the UK or the USA on how to deal with Covid 19. And, in prioritizing the economy over the environment and discounting the science (our normal modus operandi), we would likely have led to the same death rates those countries are now experiencing (an outcome many are putting down to failed leadership).

Much has been written about how different countries have coped. It’s been suggested that South Korea and Taiwan have both fared well because they both previously experienced SARS and MERS, two respiratory pandemics very similar to Covid 19. They didn’t take it for granted and didn’t treat it like a flu, they responded appropriately.

I think our biggest risk now is believing the myth that Australia has done well because Australian’s (and Australian leaders) are a cut above the rest, that we are superior. We aren’t. We were lucky. Above all else, our decision makers approached the task of keeping Australia safe through the pandemic with a degree of humility, acceptance of the evidence and collegiality that has been missing from Australian politics for many years.

The smirk is back

And now, as Australia looks to be ahead of the (flattened) curve, I fear the smugness and arrogance is creeping back in. The idealogues are seizing back the pulpits, and tribal politics is beginning to strangle our winning formulation.

The months ahead look uncertain and strange. We’ve beaten the first wave but how will we go with the second and third?

The biggest national disturbance prior to this was the Global Financial Crisis in 2007. Once again, as a nation, we reacted strongly and well. But there was collateral damage. In the following year the GFC helped knock the wheels off our Carbon Pollution Reduction Scheme, and our politics has been a shameless dog fight ever since.

There are two lessons here for our national leaders. The first is that circumstances (history and path dependency) play a large part in our triumphs and failures. The second, contained in the first, is that pride goeth before a fall.

Image by David Salt

Joining the dots (again) on Sustainability Bites

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66 bites / 5 sustainability themes / the story continues

By David Salt

In a world staggering from one crisis to the next, stricken with plague and quarreling over solutions, where lies the true path to sustainability? Have we got a story for you, and we present it in 66 compelling chapters.

But can we sustain it

When we began Sustainability Bites I’m not sure how long Peter or I thought we could sustain it. It was a nice idea to write up our reflections on sustainability but how many blogs did we have in us? What would run out first: ideas, enthusiasm or available time?

Well, as it has turned out, we’re still putting them out a year and a half later. Indeed, we’re two thirds of the way to cracking a century!

I attempted to reflect on possible emerging themes arising from our musings back when we had completed 33 blogs (a third of a century; see Have we bitten off more than we can chew?), and I thought I’d repeat the exercise now at 66.

Back at blog #33 I suggested I could see five themes constantly emerging in our commentaries:
1. The challenge of change (and the importance of crisis);
2. The culture of science (and its failure to influence policy);
3. The burden of politics and ideology (frustrating the development of good policy);
4. The value of good policy; and
5. The importance of history.

Well I think these five overarching themes still apply to our musings but I’m happy to say I don’t think we’re simply rehashing the same words over and over again.

History in the making

Our first 33 blogs set out what we believed sustainability involved, with commentaries on how governments here and overseas (though mainly Australian) were tackling the goal of sustainability. We reflected a little on the history of sustainability, called out inconsistencies between government rhetoric and action, and delved in to the ideology and culture of science and politics.

I’ve listed those first 33 stories at the end of this blog in the order they appeared (Appendix 1) with links to each piece if you see something that catches your interest that you may have missed first time round (or maybe you only started following us recently).

Our second tranche of 33 essays covered the same basic ground but were developed in a time when sustainability policy seemed to go through enormous upheaval and contention as our nation endured disaster after disaster.

The big stories we commented on in several ways in our second 33 blogs included:
-the review of Australia’s premier environmental law, the EPBC Act
-the growing societal rejection of government inaction (and denialism) on climate change
-a season of unprecedented wildfires (and the politics it provoked)
-the collapse of the Great Barrier Reef
-the consequences of the pandemic on business as usual; and
-the use and abuse of crisis, hyper partisanship and ideology
I’ve listed those second 33 stories at the end of this blog as well (see Appendix 2) if you’d like to jump into any of these pieces.

Here are a few comments on the five themes I see overarching our individual stories:

1. The challenge of change (and the importance of crisis)

In our first 33 blogs we came to the repeated conclusion that achieving enduring change is hard. Often it’s politically impossible. Vested interests, competing ideologies and weak governance frequently conspire to defeat our best intentions. We concluded on several occasions that enduring change is probably only achieved through crisis. The status quo needs some form of disturbance to weaken its hold to enable a change in rules to occur.

Well, be careful what you wish for. This recent ‘summer of our discontent’ has brought more crisis than anyone thought possible (though all of it is well within predictions made by the scientific community).

Will change result? Almost certainly. Will it be change for a more sustainable future? Maybe. Or maybe it will see a massive decline in environmental protection as the economy ‘snaps back’ to full speed (double speed?) and crushes everything in its path.

2. The culture of science (and its failure to influence policy)

This theme continued to develop in our second set of 33 blogs. Scientists cried apocalypse, wrote massive public letters, and called governments out time and again on climate denialism. Meanwhile forests burned, coral reefs fried and landscapes withered.

Everything the scientists were warning us about seemed to be coming true and yet our government held fast to its line that everything is okay and Australia should be proud of its performance. While grudgingly acknowledging that there might be a connection between the fires and climate change, it wasn’t something they could deal with till the crisis was passed. Having got passed it, now we only talk about the plague.

So what do I expect scientists to do? I really don’t know. If they become advocates or start manning the barricades then they’re no longer practicing science. And yet the science by itself seems so impotent.

3. The burden of politics and ideology

Surely something has got to give? The neo-liberal conservative ideology that sits behind climate denialism cannot be sustained given what our country (and the world) is enduring – surely? And yet it does. Could it be that when everything else has been burnt, withered and wasted, our ideology will still be standing, still declaring its intrinsic rightness – that would be the ideology of whoever is left standing. (It’s been pointed out to me that ‘denialism’ is driven by more than neo-liberal ideology. That might be so but it paves the way by promoting the view that the market will solve all problems and that non-market things do not count. Of course it’s much more complex than I present here, and there’s a strong thread of libertarianism interwoven through this tapestry of deceit. The net effect is continuing poor outcomes in the face of overwhelming evidence that we should be doing something different.)

4. The value of good policy

Whereas I tend to despair and begin to rant (as in point 3) when I consider the rampant environmental decline all around me (largely discounted by government), Peter looks for constructive policy solutions that may or may not be applied but at the very least deserve serious consideration. For example, Peter devoted several blogs to exploring environmental accounts and environmental impact studies and how they relate to effective environmental protection (in both sets of 33 blogs).

It will be interesting to see if good policy takes the fore as we move deeper into this crisis riven year.

5. The importance of history

To understand why a good policy is not implemented in an appropriate way, or why ideology so often trumps rationality, it’s important to understand the historical context and development of an idea or process. Many of the stories we have examined have long histories, and to understand why something works as it does it’s necessary to see from where it came and how it has changed.

The historical antecedents of sustainability policy was a much greater talking point in our first 33 blogs though it still featured in many of the second tranche. Possibly the reason for this is that it seems that history was being made even as we wrote the second set, and it was all we could do to reflect on what was unfolding around us.

Last year’s drought seemed to be a game changer but it was dwarfed by the scale of ensuing fires which in turn has been swallowed by the enormity of the Covid 19 pandemic (and somehow, while all this was happening, no-one seemed to notice that the Great Barrier Reef had been king hit by another mass bleaching event, the most extensive to date).

What will come out the other end of this run of crises is anyone’s guess but it’s a sure bet that what we think is happening now will likely be revised and reinterpreted many times as we move away from these tumultuous times – though possibly towards even more tumult.

Maybe I’ll have the answer by blog #100.

Image by Flo K from Pixabay

Appendix 1: Our first 33 Bites [in order of appearance with themes in brackets]

1. Environmental Sustainability: a thoroughly Conservative notion[Ideology; history]
2. Sustainability, ‘big government’ and climate denialism [Ideology, science]
3. Why Can’t We Agree on Fixing the Environment? Tribalism & short termism[Politics, crisis]
4. Wishing for a ‘Goldilocks’ crisis’A crack in the Greenland Ice Sheet [Change, crisis, history]
5. How are we going Australia’s OECD decadal Environmental Report Card [Good policy]

6. Throwing pebbles to make change:is it aim or timing?[Crisis and change]
7. The BIG fixWhy is it so hard [Crisis, politics]
8. Duelling scientists: Science, politics and fish kills [science culture, politics]
9. Making a difference without rocking the boat The FDR Gambit [Crisis, good policy, politics]
10. Throwing pebbles and making waves: Lake Pedder and the Franklin Dam[Crisis, history]

11. Ending duplication in Environmental Impact Assessments [Policy, history]
12. Is science the answer? Technology is not the solution[Science, ideology]
13. Environmental Impact Assessment and info bureacracy [Policy, politics]
14. Confessions of a cheerleader for science: delaying action because science will save us[Science, ideology]
15. Caldwell and NEPA: the birth of Environmental Impact Assessment[History, policy]

16. This febrile environment: elections, cynicism and crisis[Politics, crisis]
17. 20 Year review of the EPBC – Australia’s national environment law [Policy, politics, history]
18. Saving the world’s biodiversity: the failure of the CBD and the need for transformative change[Policy, history, politics]
19. The value of Environmental Impact Assessment [Policy, history]
20. Retreat from reason – nihilism fundamentalism and activism [Ideology, crisis, politics]

21. Too late for no regrets pathway: a pathway to real sustainability[Politics, policy, history]
22. A short history of sustainability: how sustainable development developed[History, policy, crisis]
23. Kenneth Boulding and the spaceman economy: view from Spaceship Earth[History, policy]
24. A real climate change debate: science vs denialism[Science, politics, ideology]
25. Craik Review on green tape: environmental regulation impact on farmers[Policy, politics]

26. Trinity and the dawn of the Anthropocene [History, science]
27. An environmental accounting primer [Policy, history]
28. Displacement activityit’s what you do when you don’t have a real environmental policy [Politics, policy]
29. The Productivity Commission and environmental regulation [Policy, politics]
30. Framing climate change: is it a moral or an economic issue [Politics, ideology]

31. The Sustainable Development Goals: game changer or rehash [Policy, history]
32. The Great Barrier Reef: best managed reef in the world down the drain [Science, policy, politics]
33. Doing the Tesla Stretch electric cars to our economic rescue [Policy, politics]

Appendix 2: Our second 33 bites [in order of appearance with main themes in brackets]

34. Joining the dots on Sustainability Bites – looking back on 33 blogs[reflection, history]
35. What’s in the EPBC Box? – Unpacking Australia’s primary environmental law [policy, EPBC Act]
36. I’ll match your crisis and raise you one Armageddon – playing the crisis game [crisis, politics]
37. Federal environmental planning – planning should be strengthened in the EPBC Act [policy, EIA]
38. Shame Greta Shame – the use of ‘shame’ to affect change [politics, shame, denialism]

39. Is Corporate Social Responsibility an environmental ‘Dodge’? – [business, social responsibility]
40. On the taboo of triage – why politicians don’t talk about triage [politics, policy, denialism]
41. 2019 Senate Environment Estimates – [politics, policy, news]
42. I’m so angry I’m going to write a letter!! – the value of the ‘letter’ from experts [politics, science culture, denialism]
43. Supplementary Environmental Estimates – [politics, policy, news]

44. The script that burns us – predicatable responses to wildfire [politics, ideology, denialism]
45. Announcing ‘Australia’s Strategy for Nature’ – what’s in this new policy [politics, policy]
46. But we’re only a tiny part of the problem! – unpacking denialist cant [politics, policy, denialism]
47. Will next year be a big one for biodiversity? – the importance of 2020 [policy, environmental accounts]
48. Positioning ‘The Environment’ – rearranging government departments [policy, politics]

49. Insights on government thinking from 20 years ago – release of parliamentary papers[policy, history]
50. Five lies that stain the nation’s soul – the government’s worst lies [politics, denialism]
51. Now is the summer of our discontent – reflecting on an awful summer [politics, disturbance]
52. On ‘resilience’ as a panacea for disaster – hiding behind notions of resilience [politics, disturbance, resilience]
53. By all accounts, can we manage to save biodiversity? – environmental accounts to the rescue [policy, environmental accounts]

54. Conversations with the devil – false news is amplified by tribalism [polarization, tribalism]
55. A tale of two climate bills – laws proposed by an independent and the Greens [policy, politics]
56. Dawn of the new normal (?) – when will we acknowledge climate change [policy, politics, disturbance]
57. Insensible on coal – why is coal the elephant in the room[policy, politics, disturbance]
58. The zero sum game – from biodiversity to emissions – ‘net’ zero carbon emissions[policy, politics, offsets]

59. ‘Practical Environmental Restoration’– the Government always talks about ‘practical’ [policy, politics, offsets]
60. A good decision in a time of plague – the process is more important than the decision itself [policy, governance]
61. A pathway for the Coalition to improve its climate change act – the 2020 climate policy toolkit [policy, politics, climate change]
62. Entering a no-analogue future – Covid 19 is giving us the world to come [Anthropocene, Covid 19]
63. Who’s the BOS? – Biodiversity offsets – state vs commonwealth [policy, politics, offsets]

64. Three letters on the apocalypse – putting a human frame on disaster [climate change, communication]
65. Washing off the virus – what happens to environmental regulation after the plague [policy, politics]

Washing off the virus

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Will we throw the environmental baby out with the bathwater?

By Peter Burnett

In canvassing our recovery from the COVID-19 crisis, Prime Minister Scott Morrison has made bold statements about giving first priority to growing the economy through a business-led recovery. Finance Minister Mathias Cormann has deployed equally strong language about an ‘aggressive’ deregulation agenda.

The strength of such language must give anyone concerned about the environment pause for thought. There’s no doubt the economy will need some heavy duty kick-starting as we recover from the COVID-19 disaster.

However, might this crisis be used to justify a political narrative about environmental regulation being ‘green tape’? Could we, in the name of curing the current big crisis, end up accelerating the next big crisis, brought on by environmental decline?

Wrapped in green tape

Federal Environment Minister Sussan Ley already has a predilection for the green tape narrative. Announcing the current review of the Australia’s national environmental law, the Environment Protection and Biodiversity Conservation Act (EPBC Act) last October, she cast the review as an opportunity to cut ‘green tape’ and increase certainty for business.

The environment itself was only mentioned in the context of ‘maintaining high environmental standards’. Ley expressed no concern about the ongoing decline of the environment itself. And this was well before the COVID-19 crisis.

It is fair enough for the Government to look for increased efficiency, including in regulatory processes, as part of a plan for environmental recovery.

In federal environmental regulation, my first suggestion for efficiency would have been to fund the regulatory process properly. Successive governments have reduced efficiency by whittling departmental resources away through inflated ‘efficiency dividends’, code for general cuts. As a result, delays have gotten longer and longer, but of course they could have been reduced again by restoring the money.

But it seems that the Government is already on top of this one.

In November 2019 (ie, still before the crisis), it announced a $25m ‘congestion busting’ initiative to reduce delays in federal environmental assessments, including by establishing a major projects team ‘to ensure assessments can be completed efficiently and thoroughly in accordance with the Act.’

Recently, Ley announced that this initiative was delivering what appears to be significant progress. As of December, only 19% of ‘key assessment decision points’ were being met. But by March 2020 this had improved dramatically, to 87%. What’s more, the Minister says that figure should reach 100% by June 2020, all without relaxing any environmental safeguards under the EPBC Act.

In other words, the problem of slow environmental approvals will be solved in a couple of months.

I must admit to scepticism about this claim. I suspect that the assessments are much more superficial than they once were, more reliant now on accepting information provided by proponents and state regulators.

I also suspect that the introduction of user-charging for federal environmental assessments a few years ago, together with limited resources for compliance, mean that there are fewer projects under assessment. This is because proponents abandon a bias towards referring projects on a ‘just-in-case’ basis, in favour of a risk management approach, under which proponents weigh the costs of referral against knowledge that compliance action for failure to refer is unlikely.

However, let’s take the Government’s claims at face value for the moment and accept that regulatory delays, at least at the federal end, are on the way out. What else could they do to speed up environmental approvals?

More juice in the efficiency lemon

Even if individual statutory timelines are met, overall timelines can still be reduced, first by removing duplication between federal and state processes and also by removing delay at the proponent’s end. This latter kind doesn’t count as regulatory delay but is, of course, still delay.

Duplication is a complex issue and reform is a medium term task. But short-term gains could be achieved administratively, by forming federal-state task forces, ie by putting regulatory staff from both levels of government into a single team, tasked with shepherding the project through all processes as quickly as possible.

In the past I would have said the politics wouldn’t allow this, but I would also have said that a thing called ‘National Cabinet’ would never work. These are extraordinary times.

Proponents could also contribute to a task force model. I wouldn’t recommend direct secondment of proponent staff to task forces, as this is mixing the foxes in with the hens, but by increasing resources for their own project teams proponents could improve quality and responsiveness, both of which are essential to timely environmental assessment.

Avoiding the temptations of short-termism

So there are some gains to be had. Yet the temptation in a crisis is to grab onto anything and everything that might conceivably help deal with the problem at hand, taking a ‘tomorrow-can-look-after-itself’ attitude to any longer term consequences. And this is no ordinary crisis.

Beyond the marginal gains of efficiency, trading parts of the environment itself for a short term economic hit could look very tempting.

The OECD is alive to this issue and has come out with all guns blazing. In a recent statement, OECD Secretary General Angel Gurría argues, not just against weakening environmental standards, but in favour of stronger standards. In his view, governments should seize ‘a unique chance for a green and inclusive recovery … a recovery that not only provides income and jobs, but also has broader well-being goals at its core, integrates strong climate and biodiversity action, and builds resilience.’

In other words, kill two birds with one stone. Use your spending on post-virus economic recovery to advance longer term environmental recovery. Gurría has a three point plan for this:

First, align short-term emergency responses to long-term economic, social and environmental objectives and international obligations (ie, leverage your investment).

Second, prevent lock-in, not only of high-emissions activities, but also of impacts on vulnerable groups, who have been the worst affected by COVID-19. A key way to do this is through a fair transition to a low-carbon economy.

Third, policy integration. Integrate environmental and equity considerations into the economic recovery. This means that infrastructure investment, as well as government support to virus-affected sectors, should pass the test of contributing to a low carbon economy.

Don’t throw the baby out with the bathwater

The OECD is often described as a club for rich nations. And rich nations, including Australia, could be expected to take a conservative view about maintaining wealth.

Yet this advice sounds rather left of centre. In fact, in an Australian context, it is redolent of the mostly unlamented Rudd/Gillard/Rudd Government, which aligned its short term emergency responses to long term environmental objectives (think Pink Batts, 2008) and also pursued a fair transition to a low-carbon economy by compensating low income earners for the impact of the carbon price (think Clean Energy Future, 2011).

In my view the OECD is right but, in Australia, its advice may be cruelled by our recent political history. If the Government were to take the OECD’s environmentally-responsible but mildly collectivist advice it would be accused of taking the Rudd/Gillard path to disaster.

On the other hand, if the Australian Government follows through on its current rhetoric of a growth-led recovery and aggressive deregulation, we may be headed for solutions that throw the baby out with the bathwater.

Which will it be?

Image by Pezibear from Pixabay