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Albanese Government kills off contentious Nature Positive laws after backlash from WA Premier and industry

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Jessica Page
The Nightly
GEN Prime Minister Anthony Albanese and Premier Roger Cook visit Kwinana Bulk Terminal.
GEN Prime Minister Anthony Albanese and Premier Roger Cook visit Kwinana Bulk Terminal. Credit: Iain Gillespie/The West Australian

The contentious Nature Positive laws have been shelved indefinitely, with a senior Albanese Government source confirming the bill will not be taken to Federal Parliament after a fierce backlash from WA industry and Premier Roger Cook.

The Premier declared the legislation a “threat to WA jobs” and blamed East Coast backbenchers for its revival, as a furious round of consultation by Federal Environment Minister Tanya Plibersek’s office caught industry leaders by surprise when the legislation remained listed for debate in the Senate.

With industry firmly against the current proposal, and the Greens demanding a nationwide ban on native forest logging in return for their 11 votes, it can be revealed negotiations have officially hit a dead end.

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Tanya Plibersek
Tanya Plibersek Credit: Danella Bevis/The West Australian

“With the Greens Party making increasingly extreme demands, it’s clear there is no path to deliver a sensible EPA (Environmental Protection Authority) in this term of Parliament,” a government spokeswoman said on Saturday.

“Even though the Samuel Review was initiated by the former Liberal Government because business and environment groups all say the current Act is outdated and needs reform the Coalition has continued to be obstructionist.”

Leaked excerpts of an “explosive” secret report, commissioned by the Chamber of Commerce and Industry WA as revealed by The West Australian on Saturday, have been seized on by industry insiders as proof the proposed model for a national Environmental Protection Authority is a potential “project killer”.

The report by ACIL Allen warned that a “blanket delay of 12 months” to new generating projects could increase wholesale electricity prices by 38 per cent, increase short-term reliance on coal-fired power and reduce the availability of lots for residential development.

It also warned that the viability of projects to develop critical minerals was at risk.

“The results demonstrate that it is not just the higher cost burden associated with the Nature Positive reforms which place at risk project viability, but the time delays associated with project development and execution,” the report said.

Premier Roger Cook
Premier Roger Cook Credit: Daniel Wilkins/The West Australian

The report warned that “missing favourable pricing windows” could force stakeholders to find alternative suppliers overseas.

Modelling found that higher costs and delays for mixed minerals projects with a “low operating cost, and high environmental offset obligation” could face a price impact of almost $350 million.

The price impact on a single mineral project with a low environmental obligation was estimated to be more than $120 million.

“It hits all sectors of the economy, this makes it clear that nature positive is a project killer,” an industry source said.

“There’s no way to fix this quickly, it needs to start again after the election.”

Mr Cook launched a blistering defence of WA’s mining industry on Wednesday when he warned Federal Labor backbenchers demanding the proposed EPA model be passed “urgently”.

“I’ve got a message for those backbenchers...that think this legislation should go up: your standard of living, the reason why you can afford your long mac and your lattes, is because of WA industry and the WA economy,” Mr Cook said.

Asked about the leaked CCIWA report on Saturday, Mr Cook said environmental reform must balance the impact on the industry.

WA Senator Michaelia Cash speaks to the media.
WA Senator Michaelia Cash speaks to the media. Credit: Kelsey Reid/The West Australian

“We want to protect our great environment, while at the same time making sure that industry can move forward, particularly in relation to the energy transition,” he said.

“And one of the things I’ve been saying all along is that we need to make sure that we are aware of what the overall impact on our laws is. If we stop a project that is responsible for reducing carbon emissions, we might be cutting off our noses to spite our faces and that’s an important piece of balance we need to strike.

“I’ve been encouraging the Federal Government to engage deeply with industry and they do that, and I thank them for that. But I think the best outcome at the moment is for that engagement and that conversation to continue.”

The Coalition called for the CCIWA report to be released in full, for the public to judge the broader impact of the proposed reforms.

“Mr Albanese needs to tell Western Australians just how much more they will pay for their electricity and housing because of his Nature Positive-Mining Negative laws,” WA Senator Michaelia Cash said.

Originally published on The Nightly

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