The landmark report, written by independent author Graeme Samuel, said the act was not fit to address current or future environmental challenges and is in need of new and legally enforced National Environmental Standards (NES) as a centrepiece for reform. 

“The operation of the [act] is dated and inefficient, and it is not fit to manage the current or future environmental challenges,” Professor Samuels wrote in the foreword, adding that the NES should be a priority reform measure with immediate interim standards. 

The NES would mean “the community and business can know what to expect” and the standards would support “clear and consistent decisions”. While confidence within the community is at a low, Professor Samuels also recommended an independent cop on the beat to deliver “rigorous, transparent compliance and enforcement”. 

Professor Samuels added the EPBC Act has failed to fulfil its objectives as they relate to Indigenous Australians. He said sustained engagement is critical to properly design reforms that are important to this community and their environment. 

“Indigenous Australians seek, and are entitled to expect, greater protection of heritage. Extra effort is needed to invest in improving conditions of the environment. This means the EPBC Act needs a firmer focus on avoiding impacts where possible and increasing the area of nationally important habitats,” Professor Samuels said. 

The proposed reforms seek to build community trust in Australia’s environmental laws, which are delivering effective environment and heritage protection. 

“The proposed reforms enable the Commonwealth to show national leadership, while working more closely with the states and territories to deliver a joined-up approach to environmental management,” Professor Samuels said. 

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“Reform of the EPBC Act is well overdue and necessary to ensure current and future generations can enjoy Australian’s unique environment and iconic places.” 

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Voting is now open for The Lawyers Weekly Award, to be presented to one individual for making substantial, consequential achievements in advancing the Australian legal profession since 2000. Finalists for this prestigious award have been confirmed as those listed below. To vote for your preferred winner, click here. 

Julian Burnside AO QC (barrister)

Bernard Collaery (barrister, former Attorney-General of the ACT)

Kate Eastman SC (barrister and co-founder, Australian Lawyers for Human Rights)

The Honourable Robert French AC (former chief justice, High Court of Australia)

Sue Kench (global chief executive, King & Wood Mallesons)

The Honourable Chief Justice Susan Kiefel AC (chief justice, High Court of Australia)

The Honourable Michael Kirby AC CMG (former justice, High Court of Australia)

Jane Needham SC (barrister and former president, NSW Bar Association)

Geoffrey Robertson AO QC (barrister)

Professor Gillian Triggs (assistant secretary-general, United Nations and former president, Australian Human Rights Commission)