Biodiversity Council slams environmental law carve out for offshore oil and gas industry

The amendments, hidden within the government’s Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024, would automatically accredit any changes to offshore petroleum and gas regulation, even if such changes were to lower environmental standards.

The move comes as the government has promised to lift environmental standards through its Nature Positive Plan and following a recent survey which found that the Australian community want governments to increase protections for nature.

The independent expert group have made a submission to a Senate Inquiry into the Bill, which is hearing evidence today, calling for the carve out to be scrapped.

Biodiversity Council Director James Trezise said:

“This is a disappointing move by the Albanese government and a breach of faith with the many organisations engaging in consultations on national environmental law reform.

“This move will effectively enable offshore petroleum legislation to override environmental law and undermines any credibility about the maintenance of environmental standards through accreditation arrangements.

“It’s shaping up to be one set of rules for the offshore gas industry, and another set for everyone else.

“It is concerning to see these industry carve outs rushed through parliament in a bill primarily about workplace safety while the government’s promised reforms to environmental laws have suffered significant delays.

“Ultimately this means there is a real chance of weaker environmental protections in the future, which is bad for our wildlife and our communities”

Biodiversity Council Co-Chief Councillor Dr Jack Pascoe from The University of Melbourne, a Yuin man and Salt Water person said:

“Our national environmental protection laws are currently the target of a reform process, which the Environment Minister has said will strengthen environmental protections. This strengthening must also apply to the offshore petroleum and gas sector.

“Part of the EPBC reform is to develop a Standard for First Nations Engagement and Participation in Decision Making. Once the standard has been developed, this too must apply to decisions made for this sector.

“First Nations Saltwater people have cultural obligations to protect Sea Country, Indigenous cultural heritage, and the songlines of whale ancestors.

“Our Songlines are sacred, they have been passed through Lore, generation to generation, for the sustainability and longevity of all life on earth. It is our collective responsibility to pass them on to our children, intact.

“If they are destroyed through neglect or by turning a blind eye to decisions made that impact on them, then we have failed our obligation to our culture and the ancestors who came before.

“If the Government of Australia facilitates that destruction, it will have stood in the way of our cultural practice and the expression of our self-determination. It will tear our hearts out, severing our connection to culture and Country.”

Currently, the offshore regulator (NOPSEMA) is authorised by the Australian Environment Minister to make approval decisions based on an assessment of their regulatory program. The bill creates a legal fiction that the forthcoming changes to NOPSEMA’s environmental rules were approved back in 2014 as part of their original accreditation

The Biodiversity Council is an independent expert group founded by 11 Australian Universities to promote evidence-based solutions to Australia’s biodiversity crisis.