18 August 2015, The Guardian, Abbott government war on green ‘saboteurs’ is Laurel and Hardy slapstick. The Coalition’s ‘war on environmental vigilantes and saboteurs’ isn’t consistent: it’s waged against anti-coal activists but in support of anti-windfarm activists. Even for the Abbott government the inconsistencies in the latest “war on environmental vigilantes and saboteurs” are astonishing. And the slapstick nature of its attempt to use the issue as a political wedge is up there with Laurel and Hardy. When an environment group successfully uses 16 year-old national environmental laws to delay a project, the Abbott government tries to change the law to prevent them from ever doing it again. But if an anti-windfarm group can’t find a way to use existing laws and regulations to stop or delay a project, the Abbott government tries to change laws and processes to make it easier for them to succeed. The first is called green “vigilantism” and “sabotage” and the second is, according to environment minister Greg Hunt, a reasonable response because “many people have a sense of deep anxiety, and they have a right to complain.” The government calls regulations that stop fossil fuel or mining projects “green tape”, but a wind commissioner and yet another scientific committee to look at unsubstantiated health complaints regarding wind turbines is apparently no kind of “tape” at all. Read More here
Tag Archives: Legal Action
18 August 2015, The Conversation, The government vs the environment: lawfare in Australia. A key feature of authoritarianism is that the government is above the law – it is not accountable to the people for its actions. In contrast, under a democratic system, the rule of law means that the government is constrained by law and can be held accountable by the people. This is particularly pertinent to the move by Attorney-General George Brandis to restrict green groups from challenging major developments under federal law, a direct response from this month’s successful appealagainst the approval of the controversial Carmichael coal mine, being developed by the Adani Group, on environmental grounds.Brandis plans to repeal section 487(2) of the Environmental Protection and Biodiversity Act and “return (it) to the common law”. His actions follow comments by Prime Minister Tony Abbott and Trade Minister Andrew Robb. Read More here
5 August 2015, The Conversation, Adani court case leaves the climate change question unanswered. The Federal Court has overturned the federal environmental approval of Adani’s A$16.5 billion coalmine project in central Queensland. The court ordered the approval of the Carmichael mine licence in the Galilee Basin to be set aside, meaning that Adani will have to re-apply for the coal licence and the federal environment minister Greg Hunt will have to re-approve the application. Sue Higginson, principal solicitor of the Environment Defenders Office NSW, said that the decision of the Federal Court was “based on a failure by the minister to have regard to the conservation advices for two federally listed vulnerable species” – the yakka skink and the ornamental snake. The lawsuit also alleged a failure “to consider global greenhouse emissions from the burning of the coal”. The court found that failure of the minister to take account of two endangered species specifically listed in the EPBC Act – the yakka skink and the ornamental snake – was sufficient for it to be overruled. In reviewing the endangered species the minister was not presented with the correct conservation documents which meant that any conditions that were included in the approval may have been insufficient to satisfy the requirements of the EPBC Act. One of the specific aims of the EPBC Act is to ensure that endangered species are properly protected and the endangered species list is specifically identified as a matter of national environmental significance. However, one of the other considerations raised by the Mackay conservation group – the greenhouse gas emissions released from burning extracted coal overseas – was left unresolved by the court. The EPBC Act specifically requires the principles of ecological sustainable development to be taken into account when assessing matters of national environmental significance. Whether this includes consideration of the climate change implications for the Great Barrier Reef National Park that may flow from the increase in greenhouse gas emissions from such a coal project was not resolved. Read More here
27 July 2015, With the Abbott government stalling Australia’s efforts to tackle global warming, leadership from state governments is needed now more than ever. In 2010, the Victorian government introduced the Victorian Climate Change Act. It is currently considering the future of the state’s climate laws. They are calling for public submissions on the Act by Sunday 2 August. It is getting a bit late but ..… Friends of the Earth is proud to join Environmental Justice Australia, Environment Victoria, and the Australian Conservation Foundation to call on the Andrews government to to adopt world leading climate change laws – the Victorian Climate Charter. The Climate Charter proposal would make Victoria a world leader on climate change. It sets binding emission reductions targets for Victoria, establishes a ‘climate test’ for decisions that affect emissions, and gives citizens the right to take the government to court if it is not meeting its climate obligations. It is critical that Victorians use the Climate Change Act review to demand action, and counter calls from industry to go soft on tackling global warming. Your voice is important! Climate action will only happen if the community demands it. The Climate Change Act review is a great opportunity to do just that. Environmental Justice Australia and Friends of the Earth have joined forces to make it quick and easy for you to have your say. Click below and we’ll send your submission directly to the review committee. Go here to sign. Access Charter here