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‘Serious gaps’ in Labor’s environment laws undermine attempt to fix broken system, integrity experts say

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Tuesday, November 4, 2025

Political integrity experts have raised concerns about Labor’s proposed new nature laws, including a contentious new “national interest” exemption, as pressure mounts on the Albanese government to rethink major parts of the reform.As debate on legislation to overhaul the Environment Protection and Biodiversity Conservation (EPBC) Act resumes in the lower house on Tuesday, the Centre for Public Integrity has identified several “integrity risks” that threaten to undermine attempts to fix the broken system.The thinktank has joined a chorus of critics – including environment groups, the former Treasury secretary Ken Henry and Labor MP Ed Husic – in raising alarm about a new exemption that would allow the minister to approve a project in breach of new nature laws if it was in the “national interest”.While the environment minister, Murray Watt, has insisted the power was designed for projects linked to defence, security or national emergencies, he hasn’t been able to rule out the possibility it could be used for other applications – including fossil fuel developments – because of the discretionary nature of the exemption.“Despite the claims to a limited application, the centre holds grave concerns about the scope, transparency, and accountability of the exercise of the discretion,” the thinktank wrote in an analysis of the bill published on Tuesday.The thinktank was also concerned about the apparent lack of independence of the government’s proposed independent environment protection agency.Sign up: AU Breaking News emailUnder Labor’s model, the regulator would exercise some functions at arm’s length of the government, including policing of nature laws, but the minister would keep the power to approve projects.The retention of ministerial decision-making power was a key demand of the Coalition and industry groups, but has been criticised by environmentalists.The centre’s report said it was “highly unusual” for an independent regulator to cede such “significant powers” to a minister.“Public confidence and trust in environmental decision making would be better served if responsibility lay with an independent body, free from political influence and less susceptible to vested interests,” the report said.The centre’s head of research, Gabrielle Appleby, said the government’s bill was flawed.“Environmental decision making is especially prone to capture by vested interests – that’s why integrity safeguards must be strong,” she said.“Yet these bills leave serious gaps: the new regulator lacks independence and appropriate powers, and the minister retains sweeping powers to sidestep environmental protections. The government has the solutions in front of it – it just needs the will to close these loopholes and build a system Australians can trust.”The thinktank criticised the government for developing the legislation largely behind “closed doors” in consultation with select stakeholders.It also raised concerns about the process for creating new national environment standards, which were the main recommendation of the Samuel review that inspired the reforms.While the bill establishes a power for the minister to make, vary, or revoke new green rules, the standards themselves aren’t included in the legislation.The thinktank said the standards should have been detailed in the legislation and subject to parliamentary approval. The minister is planning to consult on the design of the standards before their introduction, starting with those applying to matters of national environmental significance and offsets.Labor’s grassroots environment action group is now lobbying the government to make two amendments to the bill, which it ultimately wants passed after years of internal campaigning to fix the EPBC Act.The first would remove or limit the “national interest” carveout by giving parliament the power to disallow the decision through a majority vote in either house.The second would abolish a “continuous use” exemption that allows historically legal agricultural land clearing, particularly in Queensland, to continue without the need for federal approval or oversight.This exemption is also used by state governments to justify shark netting programs that pose a threat to endangered whales.The national secretary of Labor Environment Action Network, Janaline Oh, said there was a strong case for national interest exemption that could be used in national emergencies, but there was a significant risk that a minister could abuse that power and the power should be limited.“In the case where a project is of such overriding national interest that it can be allowed to have even unacceptable impacts, the government should go through an additional process of parliamentary scrutiny,” she said.

Pressure mounts on federal government to rethink controversial ‘national interest’ exemption for projectsFollow our Australia news live blog for latest updatesGet our breaking news email, free app or daily news podcastPolitical integrity experts have raised concerns about Labor’s proposed new nature laws, including a contentious new “national interest” exemption, as pressure mounts on the Albanese government to rethink major parts of the reform.As debate on legislation to overhaul the Environment Protection and Biodiversity Conservation (EPBC) Act resumes in the lower house on Tuesday, the Centre for Public Integrity has identified several “integrity risks” that threaten to undermine attempts to fix the broken system. Continue reading...

Political integrity experts have raised concerns about Labor’s proposed new nature laws, including a contentious new “national interest” exemption, as pressure mounts on the Albanese government to rethink major parts of the reform.

As debate on legislation to overhaul the Environment Protection and Biodiversity Conservation (EPBC) Act resumes in the lower house on Tuesday, the Centre for Public Integrity has identified several “integrity risks” that threaten to undermine attempts to fix the broken system.

The thinktank has joined a chorus of critics – including environment groups, the former Treasury secretary Ken Henry and Labor MP Ed Husic – in raising alarm about a new exemption that would allow the minister to approve a project in breach of new nature laws if it was in the “national interest”.

While the environment minister, Murray Watt, has insisted the power was designed for projects linked to defence, security or national emergencies, he hasn’t been able to rule out the possibility it could be used for other applications – including fossil fuel developments – because of the discretionary nature of the exemption.

“Despite the claims to a limited application, the centre holds grave concerns about the scope, transparency, and accountability of the exercise of the discretion,” the thinktank wrote in an analysis of the bill published on Tuesday.

The thinktank was also concerned about the apparent lack of independence of the government’s proposed independent environment protection agency.

Sign up: AU Breaking News email

Under Labor’s model, the regulator would exercise some functions at arm’s length of the government, including policing of nature laws, but the minister would keep the power to approve projects.

The retention of ministerial decision-making power was a key demand of the Coalition and industry groups, but has been criticised by environmentalists.

The centre’s report said it was “highly unusual” for an independent regulator to cede such “significant powers” to a minister.

“Public confidence and trust in environmental decision making would be better served if responsibility lay with an independent body, free from political influence and less susceptible to vested interests,” the report said.

The centre’s head of research, Gabrielle Appleby, said the government’s bill was flawed.

“Environmental decision making is especially prone to capture by vested interests – that’s why integrity safeguards must be strong,” she said.

“Yet these bills leave serious gaps: the new regulator lacks independence and appropriate powers, and the minister retains sweeping powers to sidestep environmental protections. The government has the solutions in front of it – it just needs the will to close these loopholes and build a system Australians can trust.”

The thinktank criticised the government for developing the legislation largely behind “closed doors” in consultation with select stakeholders.

It also raised concerns about the process for creating new national environment standards, which were the main recommendation of the Samuel review that inspired the reforms.

While the bill establishes a power for the minister to make, vary, or revoke new green rules, the standards themselves aren’t included in the legislation.

The thinktank said the standards should have been detailed in the legislation and subject to parliamentary approval. The minister is planning to consult on the design of the standards before their introduction, starting with those applying to matters of national environmental significance and offsets.

Labor’s grassroots environment action group is now lobbying the government to make two amendments to the bill, which it ultimately wants passed after years of internal campaigning to fix the EPBC Act.

The first would remove or limit the “national interest” carveout by giving parliament the power to disallow the decision through a majority vote in either house.

The second would abolish a “continuous use” exemption that allows historically legal agricultural land clearing, particularly in Queensland, to continue without the need for federal approval or oversight.

This exemption is also used by state governments to justify shark netting programs that pose a threat to endangered whales.

The national secretary of Labor Environment Action Network, Janaline Oh, said there was a strong case for national interest exemption that could be used in national emergencies, but there was a significant risk that a minister could abuse that power and the power should be limited.

“In the case where a project is of such overriding national interest that it can be allowed to have even unacceptable impacts, the government should go through an additional process of parliamentary scrutiny,” she said.

Read the full story here.
Photos courtesy of

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Nigeria to Impose More Stringent Penalties on Wildlife Traffickers

By Isaac AnyaoguLAGOS (Reuters) -Nigeria will impose fines of up to 12 million naira ($8,200) and jail terms of up to 10 years on traffickers of...

LAGOS (Reuters) -Nigeria will impose fines of up to 12 million naira ($8,200) and jail terms of up to 10 years on traffickers of ivory, pangolin scales and other wildlife in a sweeping new bill passed by its Senate on Tuesday.Conservation groups say the law could help curb organised crime networks which have made Nigeria a major hub for illegal wildlife trade. The networks have been linked with more than 30 tonnes of ivory since 2015 and over half of global pangolin scale trafficking between 2016 and 2019.The Endangered Species Conservation and Protection Bill, passed by the lower parliament in May, updates decades-old laws that allow offenders to spend three months to five years in jail or pay fines as low as 100,000 naira ($68) for trafficking.The Bill grants the Nigerian Customs investigators powers to track financial flows, and search and detain aircraft and vessels transporting prohibited wildlife. Judges will be allowed to fast-track cases and seize assets.The law, which also prohibits pollution of wildlife habitat and the eating of endangered wildlife, aligns Nigeria with global treaties and enables extradition of offenders."This is a huge win for Nigeria and shows, without any doubt, that we remain committed to stamping out wildlife trafficking and protecting our unique fauna and flora," said Terseer Ugbor, the lawmaker who sponsored the bill.Environmental groups welcomed the move, saying it will help protect wildlife."For too long, traffickers have used Nigeria as a transit country for the illegal wildlife trade, bringing endangered wildlife from all over Africa through our porous borders, ports and airports to export them illegally to Europe and Asia," said Tunde Morakinyo, Executive Director, Africa Nature Investors Foundation (ANI).They urged swift presidential assent before the UN Convention on International Trade in Endangered Species of Wild Fauna and Flora, a UN-affiliated international agreement summit in Uzbekistan in November.(Reporting by Isaac Anyaogu, editing by Ed Osmond)Copyright 2025 Thomson Reuters.Photos You Should See – Oct. 2025

Conservation
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Massive crocodile taken to Steve Irwin’s Australia Zoo despite traditional owners’ anger over removal

Old Faithful, measuring more than 4 metres, rehomed to Sunshine Coast facility after removal from far north Queensland waterholeFollow our Australia news live blog for latest updatesGet our breaking news email, free app or daily news podcastAn “iconic” saltwater crocodile has been transported more than 1,600km to Australia Zoo – made famous by Steve Irwin – almost two months after its controversial removal from its far north Queensland habitat.But while the Sunshine Coast zoo said it was proud to become the “forever home” of Old Faithful, as the crocodile that measures longer than 4 metres is known, traditional owners said they were “very upset” by the outcome, which conservationists describe as a “cover-up”. Continue reading...

An “iconic” saltwater crocodile has been transported more than 1,600km to Australia Zoo – made famous by Steve Irwin – almost two months after its controversial removal from its far north Queensland habitat.But while the Sunshine Coast zoo said it was proud to become the “forever home” of Old Faithful, as the crocodile that measures longer than 4 metres is known, traditional owners said they were “very upset” by the outcome, which conservationists describe as a “cover-up”.Australia Zoo announced the crocodile had arrived at its facility, near the Glasshouse Mountains of south-east Queensland, via a social media video on Monday morning.The clip begins with footage of the late Steve Irwin capturing Old Faithful in the waterhole for which he is named in Rinyirru – or Lakefield national park – as portrayed in the mid-1990s television series The Crocodile Hunter.In that episode, Irwin “hazed” the apex predator, before returning him to his home on the Normanby River, in an effort to instil fear of humans into the big reptile and so avoid conflict with anglers – a pioneering experiment which appears to have been successful for almost two decades.Sign up: AU Breaking News emailBut that coexistence unravelled on 8 September when Old Faithful and a second – albeit smaller – crocodile were removed from the river by wildlife officers.It came after the Queensland environment department said it received reports of the crocodile’s repeated, concerning escalating behaviour “as a direct result of it being fed by people”.Old Faithful in a shallow pool at a government facility in Cairns after his removal from the wildIn the social media video, Australia Zoo’s Toby Millyard says the crocodile research team he leads had initially hoped Old Faithful would be released back into its natural habitat.“Once we heard that he was unreleasable, we jumped in to offer to give him a home because we know that we can give him the best of the best for the rest of his life,” Millyard said.But the Rinyirru (Lakefield) Aboriginal Corporation chair, Alwyn Lyall, said he was saddened and “pissed off” to learn on Monday morning that this “important and totemic” animal had been taken so far from his country and its traditional owners.“This crocodile comes from up here in Cape York,” Lyall said. “A zoo is the wrong place for that animal.“To remove him over the weekend without [any] notice or notification to us traditional owners, or anything – it’s like a thief in the night sort of rubbish?“We never gave the authority for that to happen.”Lyall said that if the croc had to be rehomed, he would rather Old Faithful go to a facility in Babinda, less than 400km south, and more accessible to traditional owners. Croc Country Australia also runs training courses with Indigenous rangers, and is home to another icon crocodile removed from Rinyirru.Its owner, Jesse Crampton, confirmed he had put in an expression of interest to the department to house Old Faithful.skip past newsletter promotionSign up to Breaking News AustraliaGet the most important news as it breaksPrivacy Notice: Newsletters may contain information about charities, online ads, and content funded by outside parties. If you do not have an account, we will create a guest account for you on theguardian.com to send you this newsletter. You can complete full registration at any time. For more information about how we use your data see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply.after newsletter promotionCrampton said he established the facility specifically to meet a “housing crisis” for crocodiles deemed icons under Queensland law – which are longer than 4 metres – but also considered a problem by authorities.“We’ve got a purpose-built, newly established crocodile facility designed to house icon crocodiles for these kinds of scenarios,” he said.In September, the Environmental Defenders Office – acting for advocacy group Community Representation of Crocodiles (Croc) – lodged a request for a statement of reasons for Old Faithful’s removal.Croc’s co-founder Amanda French said the department requested an extension for the request until Wednesday, but had simultaneously “fast-tracked the paperwork and transport logistics” to move Old Faithful. She said this amounted to a “cover-up for mistakes” made in a removal from the wild that lacked “transparency” and “cultural authority”.She said Old Faithful would no doubt provide “a great commercial opportunity” for the zoo.“It’s incredibly sad that a crocodile that survived decades in the wild – swimming enormous distances, feeding on whatever he wants, mating with whomever he wants – is now sentenced to a lifetime in [captivity] … for tourists’ [amusement],” French said.A department spokesperson confirmed the smaller reptile captured along with Old Faithful had been relocated to a crocodile farm in far north Queensland.

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Reform of NZ’s protected lands is overdue – but the public should decide about economic activities

Changes to New Zealand’s conservation laws could delist up to 60% of protected areas. There are better ways to balance ecological values with economic gains.

Getty ImagesThe government’s proposed reforms of the rules governing public conservation land aim to dismantle any potential obstacle to “unleashing economic growth” in protected areas. Currently, about a third of New Zealand’s land is under protection. This ranges from national parks (11.6%) to stewardship areas (9.4%) and conservation parks (5.7%). Twelve other designations make up the rest. Some commercial activities are permitted – including guided walks, aircraft-based sightseeing, ski fields and animal grazing – and approved by the Department of Conservation as “concessions”. The proposed changes to the Conservation Act include a review of land designation. The government could delist or swap up to 60% of the current area under protection. Conservation Minister Tama Potaka said he can’t indicate which designations or locations would be delisted. Nor can he say what percentage of conservation lands would be affected – and where – because changes will be driven by demand for land. The minister only committed to leaving untouched the designations that are difficult to change: national parks, wilderness areas, reserves and world heritage sites. The question of whether more economic benefits can be obtained from protected areas is legitimate. New Zealand does need a radical reform of its conservation areas and legislation. There is potential for better social and economic outcomes. But the proposal consolidates ministerial discretion to unprecedented levels and the government follows a misguided fast-track approach to permitting economic activities such as mining. This could take native biodiversity into dangerous territory. Outdated conservation laws New Zealand holds tight to an outdated approach known as “fortress conservation”. This limits commercial opportunities to specific areas, mostly concentrated around established facilities (roads, hotels) and the edges of designated lands. Even when regulating other activities such as energy generation or agriculture, the idea has been to “sacrifice” some spaces and keep as much land as possible “locked up”. A key reason was that people didn’t know enough about the ecological values of the land. As a proxy, lawmakers relied on the subjective concepts of wilderness values and intrinsic values to justify strict protections over most lands. Insufficient scientific input meant authorities have relied on “ecologically blind” zoning frameworks, such as a planning tool known as the recreation opportunity spectrum. This divides lands according to recreational opportunities and visitor needs. But there is a better path forward – one that allows public decision making and honours international commitments, while achieving better ecological and economic benefits. Towards regulations informed by science This alternative approach is grounded in three key principles. First, it uses gap analysis to identify which ecosystems and species are underprotected. Second, it relies on regulations shaped by ecological knowledge and conservation priorities. Third, it applies the principles of proportionality and precaution, meaning that regulatory responses should match the severity, reversibility and likelihood of environmental harm. Currently, New Zealand’s regulatory framework does not reflect this. New Zealand has signed the Kunming-Montreal Global Biodiversity Framework. This means at least 30% of conservation lands must be representative of most, if not all, native ecosystems by 2030. At present, coastal, lowland and dryland ecosystems are under-represented. In contrast, alpine and montane environments, are represented way above the recommended threshold (20% of the remaining cover for that ecosystem). If up to 60% of conservation lands were to be swapped or delisted without prioritising representativeness, vulnerability and rarity, the ecological losses may be immense and irreversible. Rethinking protection categories My research develops a broader reform approach. It also reflects growing international consensus on the need for science-informed conservation planning. I argue New Zealand should set up region-specific and nationwide fora, such as citizen assemblies or consensus conferences. Conversations should focus on specific topics, informed by scientists and iwi. Vulnerable or under-represented ecosystems currently require stronger protection. Deliberations should indicate which activities should be limited or excluded to better protect such areas. We must also consider vulnerability to climate change. Scientists expect that ecosystems may migrate outside protected areas. Consensus should be built around what qualifies as a “significantly over-represented” native ecosystem. Where ecosystems are already well protected and resilient, the public should discuss whether re-designation, land exchanges or even disposals may be appropriate. If lands are retained, consensus should be sought on the economic uses that can maintain ecological health. If the public doesn’t support land delisting or swaps, alternative strategies must be developed to improve ecological representativeness. Sustainable funding mechanisms should also be identified to support these efforts. The Department of Conservation should work with independent scientists and iwi to develop a new zoning framework to guide commercial concessions and recreational access. This framework should capture the principles highlighted above. When applied to each area, it should also enable the mapping of the ecological values feasible to protect. This would help select bespoke regulatory options. In turn, it would balance biodiversity and economic outcomes for each context. Guidance for these steps should be incorporated in a new national strategy, aligned with domestic goals such as the biodiversity strategy and international commitments. New Zealand has the expertise for smart reforms. New Zealanders have the passion for nature and patience required to engage in deliberations. But will politicians have the wisdom to avoid a totally unnecessary mutilation of conservation lands, for undefined biodiversity gains? Valentina Dinica does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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EPA to undergo layoffs amid shutdown fight

The Environmental Protection Agency (EPA) is among the agencies where federal workers will be laid off by the Trump administration in the ongoing federal government shutdown. Employees in the EPA’s Resource Conservation and Sustainability Division received an email indicating that the agency would be undertaking a reduction in force (RIF).  That division undertakes recycling initiatives and...

The Environmental Protection Agency (EPA) is among the agencies where federal workers will be laid off by the Trump administration in the ongoing federal government shutdown. Employees in the EPA’s Resource Conservation and Sustainability Division received an email indicating that the agency would be undertaking a reduction in force (RIF).  That division undertakes recycling initiatives and seeks to reduce food waste and plastic pollution. It’s not immediately clear how many people will be impacted and if any additional offices within EPA will also face layoffs.  “This notice is to inform you that the U.S. Environmental Protection Agency will be conducting a Reduction in Force,” said the email from Steven Cook, principal deputy assistant administrator for the Office of Land and Emergency Management.  “This action is necessary to align our workforce with the Agency’s current and future needs and to ensure the efficient and effective operation of our programs,” Cook wrote.  Asked about layoffs broadly, an EPA spokesperson told The Hill via email, "It’s unfortunate that Democrats have chosen to shut down the government and brought about this outcome. If they want to reopen the government, they can choose to do so at any time.”  The agency did not address questions from The Hill about which offices were facing cuts and how many people would be fired. It did not immediately respond to follow up questions about the resource conservation and sustainability division. Unions representing federal employees have been critical of the Trump administration’s moves.  “This is the latest way that the Trump administration is weaponizing this furlough against federal employees, stopping them from serving the American people to the best of their ability,” Nicole Cantello, president of the AFGE Local 704 union, which represents EPA staffers in the Midwest,  told The Hill. The notice comes after the Trump administration threatened to lay off federal workers if Democrats do not pass a bill to fund the government. Democrats are trying to get Republicans to pass legislation aimed at bringing down healthcare costs before they agree to fund the government. The administration has also more broadly sought to cut the federal workforce, including through earlier rounds of layoffs and buyouts. 

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More than half of world’s bird species in decline, as leaders meet on extinction crisis

Biodiversity losses are growing, the IUCN reports as summit opens, but green turtle’s recovery ‘reminds us conservation works’More than half of all bird species are in decline, according to a new global assessment, with deforestation driving sharp falls in populations across the planet.On the eve of a key biodiversity summit in the UAE, scientists have issued a fresh warning about the health of bird populations, with 61% of assessed species now recording declines in their numbers. Continue reading...

More than half of all bird species are in decline, according to a new global assessment, with deforestation driving sharp falls in populations across the planet.On the eve of a key biodiversity summit in the UAE, scientists have issued a fresh warning about the health of bird populations, with 61% of assessed species now recording declines in their numbers.From Schlegel’s asity in Madagascar to the tail-bobbing northern nightingale-wren in Central America, many bird species have lost habitat to expanding agriculture and human development. Just nine years ago, 44% of assessed bird species had declining populations, according to the red list of endangered species from the International Union for Conservation of Nature (IUCN).Dr Ian Burfield, BirdLife’s global science coordinator, who helped oversee the assessment, said: “That three in five of the world’s bird species have declining populations shows how deep the biodiversity crisis has become and how urgent it is that governments take the actions they have committed to under multiple conventions and agreements.”It comes as hundreds of conservationists gather in Abu Dhabi on Friday for the IUCN’s congress, where the fate of many of the world’s most at-risk wildlife species will be discussed. In the face of global headwinds on environmental action, scientists are urging governments to deliver on recent pledges to better protect nature.Birds play an important role in ecosystems, helping to pollinate flowers, disperse seeds and control pests. Hornbills – which are found across the tropics – can spread up to 12,700 large seeds a day in a square kilometre.Dr Malin Rivers, head of conservation prioritisation at the Botanic Gardens Conservation International, said: “The fates of birds and trees are intertwined: trees depend on birds for regeneration and birds depend on trees for survival.”The green sea turtle’s recovery “reminds us that conservation works”, said the IUCN director general, Dr Grethel Aguilar. Once classified as endangered, it is now viewed as a species of least concern due to conservation efforts. The turtles’s numbers have grown by 28% since the 1970s thanks to greater protection for nest sites in Ascension Island, Brazil, Mexico and Hawaii.A Pacific green sea turtle cruising off Hawaii. The recovery of the species shows what global conservation efforts can achieve, experts say. Photograph: Chris Strickland/AlamyRoderic Mast, co-chair of IUCN’s species survival commission marine turtle specialist group, said the green turtle’s recovery was “a powerful example of what coordinated global conservation over decades can achieve to stabilise and even restore populations of long-lived marine species”.But there was bad news for Arctic seals, which scientists warn are drifting closer to extinction due to global heating. The loss of sea ice has seen population numbers for bearded and harp seals fall sharply. Thinning sea ice means that the Artic seals are finding it more difficult to find areas to rest and breed. They are a critical prey species for polar bears, which researchers fear will also be affected by the loss.Dr Kit Kovacs, Svalbard programme leader at the Norwegian Polar Institute, said: “Each year in Svalbard, the retreating sea ice reveals how threatened Arctic seals have become, making it harder for them to breed, rest and feed.“Their plight is a stark reminder that climate change is not a distant problem – it has been unfolding for decades and is having impacts here and now.”Find more age of extinction coverage here, and follow the biodiversity reporters Phoebe Weston and Patrick Greenfield in the Guardian app for more nature coverage.

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The Little Brown Bird

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