The Australian Marine Conservation Society (AMCS) is calling on the Albanese Government to withdraw a last-minute amendment to Australia’s offshore oil and gas legislation that would give the resources minister powers to override the role of the environment minister.
The Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024 has been years in the making, but this amendment was only tacked on this month and would effectively grant the resources minister the power to bypass national environment legislation, the Environment Protection and Biodiversity Act.
The offshore oil and gas regulator, NOPSEMA, has accreditation to grant environmental approvals for offshore oil and gas projects after its regulations were adapted to reflect the EPBC Act in 2014. Under this arrangement, the federal resources minister can change NOPSEMA’s regulations, but doing so would remove its EPBC Act accreditation. This new amendment means the resources minister could weaken environmental regulations, to fast-track new oil and gas projects, but NOPSEMA would still keep its EPBC accreditation to approve projects.
AMCS Oil and Gas Campaign Manager Louise Morris said: “This amendment could dramatically weaken environmental protections and oversight of the hazardous offshore oil and gas industry, giving broad-ranging powers to the resources minister. The bill originally designed to address offshore oil and gas workplace safety has been years in the making, but this amendment was only tacked on at the last minute and could grant the resources minister the power to bypass our national environment laws.
“AMCS presented at last week’s hastily assembled Senate inquiry into the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill. The amendment that could give the resources minister the ability to override the powers of the environment minister was buried at the bottom of the bill.
“AMCS – along with 17 of the 24 submissions to this Senate Inquiry – called for the amendment affecting the EPBC Act and environmental safeguards to be taken out of this bill, and for the environment minister to retain oversight of the environmental approvals criteria for offshore oil and gas projects, especially in matters relating to carbon capture and storage.
“This amendment could lead to diminished consultation rights for the community, First Nations people and environment groups, impact important industries such as fishing and tourism, and reduce environmental protections and oversight of the hazardous offshore oil and gas industry. This is particularly worrying with two new fossil fuel projects proposed just in the past week for the ocean between Victoria and Tasmania, one for new gas drilling and another for carbon capture and storage, both of which threaten the environment and our marine life.
“This amendment could provide the offshore oil and gas industry immunity to the reforms underway to strengthen nature laws, expected to be delivered in the coming year. These are the environmental laws that the Australian Government committed to strengthening, given the EPBC Act’s failure to effectively prevent harm to Australia’s unique and threatened biodiversity, as shown by the expansion of the offshore fossil fuel industry in our ocean.
“Why should the gas industry get preferential treatment over others? This bill is an insidious power grab by the gas industry.
It’s clear the oil and gas industry has been pushing hard for special deals. In November last year, the Sea Dumping Legislation was similarly rushed through by the government to help gas companies dump their carbon pollution under the ocean using risky carbon capture and storage. It is incumbent on the Albanese Government to hold firm and not buckle to gas industry pressure again.
“This proposed change also threatens people’s rights to be consulted on offshore oil and gas exploration and drilling projects, which are being reviewed even as this bill is being rushed through parliament. It would be deeply shameful if the Albanese government diminishes the rights to consultation, especially for First Nations people.”