Nature Positive laws: Mining groups warn ‘net gain’ could go too far in Labor’s environmental overhaul

Plans to fast-track a new version of Labor’s controversial Nature Positive laws have sparked fears consultation is being rushed and that the fine print is being kept secret. Environment Minister Murray Watt has confirmed the legislation is being drafted, and told industry heavyweights and green groups the Prime Minister wants it introduced into Parliament before Christmas. Treasurer Jim Chalmers declared the Government is “relatively close to finalising” consultations. He made accelerating the overhaul of environmental approvals one of the “quick wins” from his three-day economic roundtable. But Chamber of Minerals and Energy WA chief executive Rebecca Tomkinson warned more time was needed. “It is vital the Government does not rush to introduce legislation ahead of an arbitrary and self-imposed deadline,” she said. “Robust and considered consultation is the best way to develop enduring and workable reforms that meaningfully speed up project assessments without sacrificing environmental protections.” Association of Mining and Exploration Companies boss Warren Pearce met Senator Watt last week and said industry was “anxious” that it won’t get to see a draft before the legislation was pushed out. “He was quite clear we wouldn’t get to see the legislation before it’s introduced,” he said. “It certainly has caused some concern. It means we don’t get a chance to vet it.” But Mr Pearce welcomed the Government’s consultation so far. “We’ve had the big fight over nature positive . . . now it’s time to cut a deal,” he said. “We feel like we’ve got a pathway to the Minister and we’re being heard. There’s no reason we shouldn’t be able to get across the detail to be confident with what we’re going to get.” A standing group that is quietly meeting weekly with Senator Watt’s team includes executives from BHP and Rio Tinto, and environmental groups WWF Australia and the Australian Conservation Foundation. The minister has also met, less frequently, with industry groups CME, AMEC and the Minerals Council of Australia. The West Australian can reveal “net gain” was the heading of one power-point presentation to stakeholders, which has sparked concerns from a senior mining executive that it’s “no different to nature positive”. Others weren’t fussed by use of the term, or the lack of an exposure draft of the legislation, provided there is sufficient time over the holiday period to give feedback. Senator Watt rejected any suggestion consultation has been rushed to meet the new timetable. “I have been consulting extensively over the past three months on these reforms, holding more than 40 meetings, round-tables and forums and visiting Western Australia on three separate occasions,” he said. “In those meetings, I have consistently heard that we need to move quickly to reform these laws, as delays mean holding up investment and more environmental destruction. “We will continue consulting in the months ahead as we develop the reforms and get closer to passing this vital legislation.” Senator Watt’s department is also drafting the national environmental standards that will underpin the new regime and any greater role States play in assessing federal projects. The Minister told The West last week he was conscious that people wanted to see those standards at the same time as the legislation. The West understands the new proposal will accredit States to undertake bilateral assessments, reducing duplication, but it is unclear whether both State and Federal Ministers will still sign-off on environmental approvals. “No one is gaining anything if we’re losing time on projects,” one industry source said. A backlash from WA industry groups and intervention by Premier Roger Cook resulted in the Nature Positive bill being shelved for good in January over concerns the proposed environmental watchdog would wrest decision-making powers from the minister. Mr Cook and Senator Watt discussed the new proposal in Perth last week and are expected to meet again in Canberra next week. Senator Watt has so far met counterparts from the Coalition and the Greens just once each. He’ll need the support from at least one of them to pass the legislation.