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The Guardian - AU
The Guardian - AU
Comment
Tim Flannery

Our environmental laws are failing us in the face of the climate crisis

A coal train rolls past Liddell Power Station in Musswellbrook, NSW
Four major fossil fuel developments have been approved by the Albanese government; four examples of just how broken Australia’s environmental law is. Photograph: Blake Sharp-Wiggins/The Guardian

Late on a Friday evening, just a couple of weeks ago, Australia’s federal environment minister quietly waved through a coalmine extension that will outlive most of us.

The Gregory Crinum coalmine in Queensland’s Bowen Basin now has a green light to operate for another 50 years, until 2073. The extra coal, when burnt, will add about 31m tonnes of carbon dioxide to the atmosphere once it is burned. That equates to 6% of Australia’s annual emissions.

I’m not exaggerating when I say if we don’t stop this rampant approval of fossil fuel projects, by 2073 we’ll be living through the large-scale destruction of ecosystems and will have breached multiple tipping points, leading to the collapse of our food systems and hellish heat and fires.

This is just one of four major fossil fuel approvals that’s been greenlit under the Albanese government. And it’s a terrible illustration of just how broken Australia’s environment law is. Like all the others, this approval was granted under the Environment Protection and Biodiversity Conservation Act (EPBC).

This law, astonishingly, fails to deal directly with the main threat Australia’s environment now faces: climate change. There are at least 21 more fossil fuel projects currently in the EPBC approval pipeline, and dozens more proposals that have been announced, but not yet lodged for assessment.

The Albanese government promised before the last election that it would strengthen our national environment law. But it’s now languishing on its to-do list.

Australia, our magnificent country, with its lush rainforests, vibrant coral reefs and awe-inspiring landscapes, is also the world’s first nation to lose a species to the climate crisis.

The Bramble Cay melomys, a cute mouse-like creature native to an island in the Great Barrier Reef, was officially declared extinct in 2019. Its fate stands as a stark reminder: every day is Threatened Species Day until we stop burning fossil fuels.

Sadly, it will not be the last species we lose to climate change. Why? Because the EPBC has a glaring blind spot when it comes to climate change. It represents a total failure to protect the essentials of our Australian way of life that sustain us all: clean air, water, wildlife and ecosystems.

We urgently need a robust law that safeguards not only our natural wonders but our health and economy too. A law that says a resounding “yes” to responsible, clean energy and industry projects and an unambiguous “no” to ventures that exacerbate the climate crisis.

The Environment Council of Central Queensland is gearing up for a fight to set this precedent, challenging the government’s reckless coal mining decisions in court.

The decisions this group are fighting to overturn include the MACH Energy’s Mount Pleasant Optimisation Project, a thermal coalmine expansion, and Whitehaven’s Underground Mine Stage 3 Extension Project, another expanded thermal coalmine in Narrabri, which will – between them – produce close to 1.5bn tonnes of CO2e, almost triple all of Australia’s annual emissions last year.

Blaming the rubber stamping of these planet-killing shockers on a clunky old law just isn’t good enough. Simply saying one’s hands are tied because this project is compliant with the law while glossing over the power one has to change that very law – today – is not leadership.

Let’s get real: our national environment law is a relic from the Howard-era. It’s now more than 23 years old. We now know a tremendous amount more about the dire consequences of climate change on species and ecosystems than we did in 1999.

Indeed we’re now living through the age of climate consequences and the anxiety of what an extremely challenging El Niño could bring. With every coal and gas project approved, we’re not just losing species. We’re losing our Australian identity and the natural legacy we owe our children.

The call to action is clear and urgent. There is absolutely no place for new and expanded fossil fuel projects. The Albanese government now has a crucial opportunity to show leadership and strengthen our national environment law to ensure each and every project is assessed for its climate impacts.

If we don’t get this right, we’re not just making every day Threatened Species Day, we’re headed towards a toxic, sad, future, with damage and destruction that cannot be unwound. There are no second chances or take backs, it’s now or never.

  • Prof Tim Flannery is a former climate commissioner, chief councillor at the Climate Council and one of Australia’s leading writers on climate change

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