Expert opinion: Our National environment law is fundamentally flawed


Climate Council has commissioned Professor Jacqueline Peel, director of Melbourne Climate Futures and Professor of Environmental and Climate Law at the University of Melbourne Law School, to produce a report examining the Gaps in the Environment Protection and Biodiversity Conservation Act and other federal laws for protection of the climate.

Australia’s national environment law is meant to protect the special species, precious habitats and iconic ecosystems that are essential to our health, economy and way of life. But these natural places are all under threat from climate change, fuelled by the burning of fossil fuels, and our environment law keeps giving new coal and gas projects the green light.

In her report, Professor Peel finds that:

  • Australia’s current environmental law does not explicitly address climate change, one of the biggest threats our environment now faces, and allows the Environment Minister to ignore the impacts of greenhouse gas emissions;
  • Greenhouse gas emissions from individual projects are not currently directly regulated anywhere in Australian law; and that
  • Our environment and climate laws are disconnected, when what we need is an integrated approach to protecting our environment and regulating harmful carbon emissions. 

Statement endorsed by 36 of Australia’s top climate and environmental law experts

The expert legal opinion, Gaps in the Environment Protection and Biodiversity Conservation Act and other federal laws for protection of the climate, is endorsed by 36 of Australia’s leading experts in climate and environmental law. 

They have come together as joint signatories to this open letter to Environment Minister Tanya Plibersek, urging her to deliver a stronger national environment law that has climate firmly centred at its heart. 

“We need a national environment law which helps Australia deal with the climate crisis that is already battering our environment, and communities, right around the country.

“The Albanese Government should put climate at the heart of this law so that it properly protects our environment, and the precious natural places we all rely on for healthy, safe and prosperous lives.” 

Climate Council Head of Advocacy Dr Jennifer Rayner.


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