Let there be no doubt: blame for our failing environment laws lies squarely at the feet of government

Peter Burnett, Australian National University

A long-awaited draft review of federal environment laws is due this week. There’s a lot riding on it – particularly in light of recent events that suggest the laws are in crisis.

Late last week, the federal Auditor-General Grant Hehir tabled a damning report on federal authorities’ handling of the Environment Protection and Biodiversity Conservation (EPBC) Act. Incredibly, he found Australia’s premier environmental law is administered neither efficiently or effectively.

It followed news last month that mining company Rio Tinto detonated the 46,000 year old Juukan rock shelters in the Pilbara. The decision was authorised by a 50 year old Western Australian law –and the federal government failed to invoke emergency powers to stop it.

Also last month we learned state-owned Victorian logging company VicForests unlawfully logged 26 forest coupes, home to the critically endangered Leadbeater’s possum. The acts were contrary both to its own code of practice, and the agreement exempting VicForests from federal laws.

As relentless as Hehir’s criticisms of the department are, let there be no doubt that blame lies squarely at the feet of government. As a society, we must decide what values we want to protect, count the financial cost, then make sure governments deliver on that protection.

Destruction of the Juukan caves drew condemnation.
Richard Wainwright/AAP

Shocking report card

I’ve been involved with this Act since before it began 20 years ago. As an ACT environment official reading a draft in 1998 I was fascinated by its complexity and sweeping potential. As a federal official responsible for administering, then reforming, the Act from 2007-2012, I encountered some of the issues identified by the audit, in milder form.

But I was still shocked by Hehir’s report. It’s so comprehensively scathing that the department barely took a trick.

Overall, the audit found that despite the EPBC Act being subject to multiple reviews, audits and parliamentary inquiries since it began, the Department of Agriculture, Water and the Environment’s administration of the laws is neither efficient nor effective.

While the government is focused on efficiency, the lack of effectiveness worries me most – especially findings concerning so-called “environmental offsets”. These are measures designed to compensate for unavoidable losses, such as creating a nature reserve near a site to be cleared.

In the early years of the law, offsets were rare. By 2015 they featured in almost 90% of decisions, dropping to about 75% last year. In effect, we now rely on offsets to protect the environment.

The Auditor-General found that the absence of guidance and quality control for offsets has led to “realised risks”.

the department accepted offsets for damage to koala habitat in 2015 that did not meet its offset standards.
WWF Australia

For example, offsets must be mapped and disclosed publicly, to ensure their integrity. But not only did the department fail to create a public register, in 2019 it stopped loading offset data into its systems altogether. This makes it likely offsets will be forgotten and so either destroyed later, or put up a second time and thus double-counted.

Hehir cites one example where the department accepted offsets for damage to koala habitat in 2015 that did not meet its offset standards. After negotiations with the developer and involvement from the Minister’s office, the department accepted the offsets. Worse, the developer secured a futher non-complying offset for a second development in 2018, arguing for consistency with the previous decision.

Apart from politicisation and failure to protect the environment, this case reveals a significant legal issue. Under administrative law, a decision is invalid if it has regard to an “irrelevant consideration”. An offset in one development in 2015 is surely irrelevant to an offset in another development in 2018.

Offsets aside, the Auditor-General higlighted key risks such as high volumes of unapproved land clearing for agriculture, and non-compliance in residential and mining developments. The department had proposed actions to address the issues, but made no progress on them.

And the report found arrangements to monitor whether approval conditions had been met before work started on a project were inadequate, which “leaves the department poorly positioned to prevent adverse environmental outcomes”.

At the end of the day, the federal department doesn’t have the tools to distinguish whether an environmental effect is the result of its own regulations, or other factors such as state programs or extreme weather. Essentially, it doesn’t know if the Act is delivering any environmental benefits at all.

The corroborree frog, which is critically endangered.
Taronga Zoo

How did this happen?

The EPBC Act itself remains a powerful instrument. Certainly changes are needed, but the more significant problems lie in the processes that should support it: plans and policies, information systems and resourcing.

As I wrote last month, between 2013 and 2019 the federal environment department’s budget was cut by an estimated 39.7%.

And while effective administration of the Act requires good information, this can be hard to come by. For example the much-needed National Plan for Environmental Information, established in 2010, was never properly resourced and later abolished.

Officials are constrained here. The audit scope does not extend to the government decisions shaping departmental performance. And the department loyally refrains from complaining that government decisions leave it few options.

So while the audit office and the department might believe extensive government cuts are the underlying problem, neither can say so. I’m not excusing the department’s poor performance, but it must manage with what it’s given. When faced with critical audit findings, it can only pledge to “reprioritise” resources.

Vicforests illegally logged Leadbeater’s possum habitat.
D. Harley/Flickr

A national conversation

There is a small saving grace here. Hehir says the department asked that his report be timed to inform Professor Graeme Samuel’s 10-year review of the EPBC Act. Hehir timed it perfectly – Samuel’s draft report is due by tomorrow. Let’s hope it recommends comprehensive action, and that the final report in October follows through.

Beyond Samuel’s review, we need a national conversation on how to fix laws protecting our environment and heritage. The destruction of the Juukan rock shelters, unlawful logging of Victorian forests and the Auditor-General’s report are incontrovertible evidence the laws are failing.

I don’t believe we can lock nature up. But we must look after the things that enable nature to provide not just life, but quality of life. This includes a stable climate, our Indigenous and non-Indigenous heritage and the resilience that comes from nature’s richness and diversity.

Peter Burnett, Honorary Associate Professor, ANU College of Law, Australian National University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

The good, the bad and the ugly: the nations leading and failing on climate action

Children play near a coal-fired power plant in the town of Obilic, Kosovo, in November 2018.
EPA/Valdrin Xhemaj

Bill Hare, Potsdam Institute for Climate Impact Research

This piece is part of Covering Climate Now, a global collaboration of more than 250 news outlets to strengthen coverage of the climate story.

It is almost five years since the landmark Paris deal was struck. Nearly 200 countries agreed to work towards limiting global warming to 1.5℃, beyond which the planet is expected to slide irreversibly towards devastating climate change impacts.

But few nations are on track to reaching this goal. Right now, we’re heading to warming above 3℃ by 2100 – and this will have catastrophic consequences for the planet.

United Nations Secretary-General António Guterres has called a major climate summit in New York on September 23, where countries are expected to announce more ambitious climate targets than they set in Paris, and solid plans to achieve them.

Ahead of the summit, let’s take stock of the world’s best and worst performers when it comes to tackling the climate emergency.

A man standing near a wind farm near Urumuqi, China.
Qilai Shen/EPA

Australia is keeping poor company

The Climate Action Tracker is an independent scientific analysis produced by two research organisations tracking climate action since 2009. It monitors 32 countries, accounting for more than 80% of global emissions.

We looked in detail at who has made the most progress since 2015, and who has done the least. Australia sits firmly in the group of governments we labelled as actually delaying global climate action, alongside the United States (which under President Donald Trump has walked away from the Paris agreement altogether).

Other countries delaying global climate action with highly insufficient targets and no progress since 2015 are the Russian Federation, Saudi Arabia, the United Arab Emirates, and Indonesia.

Australia’s greenhouse gas emissions, past and projected. Data drawn from Department of the Environment and Energy report titled ‘Australia’s emissions projections 2018’
Department of the Environment and Energy

Today, Australia’s emissions are at a seven-year high, and continue to rise. The government’s commitment to fossil fuels remains unwavering – from coal projects such as Adani’s proposed Carmichael mine in Queensland to huge new gas projects.

Australia is the world’s largest exporter of coal, providing 29% of coal’s global trade, and last year also became the world’s largest exporter of liquefied natural gas. Its exported fossil fuel emissions currently represent around 3.6% of global emissions.

The surprising success stories

Ethiopia, Morocco and India top the list of countries doing the most to tackle climate change. In total, eight international jurisdictions have made good progress since 2015, including the European Union, Canada, Chile, Costa Rica, and Argentina (although they still have a lot of work ahead to meet the 1.5℃ goal).

While India still relies on coal, its renewables industry is making huge leaps forward, with investments in renewable energy topping fossil fuel investments. The country is expected to over-achieve its Paris Agreement target.

Lightning in the night sky over the Odervorland wind farm near Sieversdorf, Germany.
Patrick Pleul/DPA

So what are they doing right? Costa Rica’s national decarbonisation plan covers the entire economy, including electrifying the public transport system, and huge energy efficiency measures in the industry, transport and buildings sectors. Costa Rica has also put a moratorium on new oil production.

The EU is set to overachieve its 2030 target of reducing emissions by 40% below 1990 levels by 2030 and is in the process of considering an increase in this to at least 50%. It has recently increased its renewable energy and energy efficiency goals, and is sorting out its emissions trading scheme, with prices of emission units increasing.

This, together with past investments in renewable energy, have helped to achieve a 15% reduction in German electricity sector emissions in the first half of 2019. Whilst Germany has missed its 2020 targets, it has begun a process to phase out coal no later than 2038 – still a number of years too late for a Paris-compatible pathway.

Quitting coal is key

An increasing number of countries are adopting net zero emissions targets, many of them in the European Union, and some outside. Some, like the UK, have dumped coal, and are well on the way to achieving those targets.

A global phase-out of coal for electricity is the single most important step toward achieving the 1.5℃ warming limit. At the latest, this should be achieved by 2050 globally, by 2030 in the OECD and 2040 in China and other Asian countries.

There are some signs of optimism here. On one estimate, the number of coal projects in the pipeline shrunk by nearly 70% between 2015 and 2018, and investors are increasingly wary of the technology. Yet coal is still set to boom in Indonesia, the Philippines, Japan and Turkey.

Under current polities, the world is set for more than 3°C of warming by 2100.
Climate Action Tracker

In 2018, energy-related carbon dioxide emissions reached a historic high. While coal reversed its recent decline, emissions from natural gas surged by 4.6%.

Renewable energy is the key to unlocking rapid decarbonisation. It already supplies more than 26% of global electricity generation and its costs are dropping rapidly. To accelerate this fundamental transition, more governments need to adopt and improve policies that enable renewable technologies to be rolled out faster. This would contribute to low-carbon economic development and job creation.

Don’t forget about trees

Nowhere is the alarming rate of global deforestation more obvious than in Brazil, now in the middle of a record fire season. It adds to damage wrought by President Jair Bolsonaro who has weakened his country’s institutional framework preventing forest loss.

In 2018, Brazil recorded the world’s highest loss of tropical primary rainforest of any country – 1.3 million hectares – largely in the Amazon. The deforestation reached 7,900 square km in 2018, a 72% increase from the historic low in 2012.

Fire fighting efforts this month in an indigenous reserve in Humaita, in Brazil’s Amazon forest.
FERNANDO BIZERRA/EPA

The past few weeks have shown us what 1℃ of global warming means. Hurricane Dorian, fuelled by high sea-surface temperatures, wiped out the northern Bahamas. Temperatures in the 40s set records across Europe. And in Queensland, the earliest fire season on record destroyed homes and razed rainforests.

The predicted 3℃ of warming by 2100 will bring a lot worse: widespread crop failures, dead coral reefs, more extreme heat waves and major threats to water supply and human health.

The world can avoid this, but time is running out.

Bill Hare, Director, Climate Analytics, Adjunct Professor, Murdoch University (Perth), Visiting scientist, Potsdam Institute for Climate Impact Research

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Africa’s great migrations are failing but there is a solution – and you can eat it too

File 20180327 188619 hgwow8.jpg?ixlib=rb 1.1 — A Wildebeeste, or Gnu.
Wikimedia Commons

Penny van Oosterzee, James Cook University

Until I went to southern Africa last year, I couldn’t imagine an African savanna without its awe-inspiring migrations. But Africa’s plains are increasingly empty of wildlife. My subsequent investigation showed that fences are marching across the savannas instead.

An audit of 24 large mammal species, which used to migrate regularly, showed that many migrations are already extinct. Fences stopped animals in their tracks, often within sight of the food and water that would sustain them. These fences had severed historically massive migrations. Millions of wild animals – wildebeest, zebra, hartebeest, springbok and many others – have likely died of thirst or hunger since the 1950s.

It’s a huge problem, yet it has received little attention. In Kenya, fences form clusters and virtual battle lines, threatening the collapse of the entire Greater-Mara ecosystem. A recent global study of 57 species of moving mammals shows that the future of the planet’s most spectacular natural events is on the cusp.

A land divided

Botswana is one of the last great places on earth for free-ranging wildlife. Here, fences erected to protect European beef producers from foot-and-mouth disease (FMD) slice the country into 17 “islands”.

Fencing is expensive – especially fencing strong enough to keep out migrating animals – and it favours only a small proportion of cattle owners, locking local livestock farmers out of the export industry. To make matters worse, this comes as wildlife-based tourism is overtaking livestock as a proportion of GDP in countries like Botswana.

An elephant, behind one of the high double layered veterinary fences used in Botswana.
M. Atkinson

With colonial-era subsidies of the fencing system gone, what’s left is a lose-lose system that hinders local farmers, tourism and sustainability. Many savanna landscapes are now conflict zones between local people and wildlife.

Against this bleak backdrop, a rare good news story has emerged, driven by myth-busting science and patient advocacy. It turns out that wildlife does not play a significant role in the transmission foot-and-mouth disease, apart from the African buffalo; ironically it is more likely to be spread by cattle. Many areas, like the Kalahari, have no cattle or buffalo – so the fences in those areas serve no disease control purpose.

Careful scientific sleuthing is showing that migrations restart when these fences are removed. The longest animal migration ever recorded, of zebras across Botswana, resumed a few years ago after just a portion of fence was removed.

Process over place

Perhaps the most important breakthrough has been a relatively new scientific approach called One Health. One Health is a problem-solving strategy that tackles issues at the interface of wildlife, domestic animal and human health. A monumental effort by veterinarians and other scientists, working with communities and animal health organisations, has teased out a solution. Instead of looking at livestock’s geographic origin, it looks at the meat production process itself – from farm to fork – through a food safety lens.

This approach was initially developed for astronauts in the 1960s to avoid illness from contaminated food. It is now used throughout the food industry, from growing vegetables, to canning fruit and processing meat. For beef, it means that even in foot-and-mouth zones, a combination of vaccination, veterinary surveillance, and standardised meat preparation ensures disease-free, wildlife-friendly beef.

But it is one thing to have the solution, and quite another to convince policy makers to implement it. The focus of the One Health team soon turned to policy and advocacy. After years of research and dialogue between sectors that rarely sat at the same table, in 2012 the Southern African Development Community (SADC) issued The Phakalane Declaration on Adoption of Non-Geographic Approaches for Management of Foot and Mouth Disease.

Put simply, these new “non-geographic approaches” are not reliant on fencing.

Policy into practice

This consensus statement from southern African animal health experts was a shot heard ‘round the world. A genuine policy breakthrough finally came in 2015, in Paris, where the World Animal Health Organisation (OIE) rewrote the Terrestrial Animal Health Code to allow for international trade of fresh meat from countries or zones with foot-and-mouth disease.

Since then, Ngamiland, home to world-renowned wildlife and the recently World Heritage-listed Okavango Delta, committed late last year to reassessing its fences with wildlife-friendly beef and wildlife concerns in mind.

Okavango Delta, Botswana.
Wikimedia Commons, CC BY

Botswana is also at the centre of the Kavango Zambezi Transfrontier Conservation Area which spans parts of Angola, Botswana, Namibia, Zambia and Zimbabwe, and is home to the world’s largest remaining population of elephants. The Animal and Human Health for the Environment And Development (AHEAD) program, based at Cornell University, have been working with local partners to resolve FMD-related conflicts in the largest peace park in Africa. Meanwhile, non-fence solutions were at the forefront of a recent multi-country summit in late 2016.

The new meat processing-focused approach seems like common sense but, after generations of conflict, it is bold and brave. Botswana, leading the charge, is now on the cusp of redeeming itself in the eyes of conservationists after 70 years of fence-related wildlife deaths.

Now, not only can this new way forward allow wildlife to rebound, but a regional economy benefiting from both wildlife and livestock can do the same – if policy-makers can indeed move – beyond fences.

Penny van Oosterzee, Adjunct Associate Professor James Cook University and University Fellow Charles Darwin University, James Cook University

This article was originally published on The Conversation. Read the original article.

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Let there be no doubt: blame for our failing environment laws lies squarely at the feet of government

Shocking report card

How did this happen?

A national conversation

The good, the bad and the ugly: the nations leading and failing on climate action

Australia is keeping poor company

The surprising success stories

Quitting coal is key

Don’t forget about trees

Africa’s great migrations are failing but there is a solution – and you can eat it too

A land divided

Process over place

Policy into practice

Shocking report card

How did this happen?

A national conversation

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Australia is keeping poor company

The surprising success stories

Quitting coal is key

Don’t forget about trees

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