New national environment laws: some wins, but a big fail for the Kimberley on climate

The new national environment laws, announced today and set to be passed by the Federal Parliament, include some improvements such as making forest logging subject to the new Act and closing loopholes for land clearing in the Great Barrier Reef catchment, but overall the improvements are not enough to stop the steep decline in nature, particularly in the Kimberley.

The Greens managed to stop the ‘water trigger’ assessments for fracking being handed to the states and territories. They also helped prevent the fast-tracking of oil and gas projects.

“The Greens managed to save some of the furniture, but there’s a massive fight ahead to ensure that the National Environment Standards are strong and that regional plans don’t allow the fast-tracking of industrial projects and land clearing across the Kimberley,” said Environs Kimberley Executive Director Martin Pritchard.

The Kimberley's Danggu Geikie Gorge. Photo: Adam Monk.

“What we don’t want to see is the new Act just handing powers to the WA Government, given the Cook Government’s track record on weakening the state’s Environment Protection Act and bringing a development Czar who can override environmental assessments and wave them through without rigorous scrutiny,” Mr Pritchard said.

“The new national environment laws are a once-in-a-generation reform, and the Albanese Government has squandered the opportunity to bring oil and gas projects under emissions scrutiny in the new Act,” he said.

“The Kimberley is the only region on the continent that hasn’t had mammal extinctions, and it has the largest, most intact tropical savannah in the world, but it’s going to be the most impacted by climate change – the new act does nothing to mitigate that.”

“The recent National Climate Risk Assessment is showing the Kimberley will be uninhabitable on current climate projections. This would mean Traditional Owners, who’ve lived here for thousands of years, will be climate refugees, yet the new environment Act will not look at the climate impacts of fossil fuel projects.”

Threatened bilbies. Photo: Damian Kelly.

“Fitzroy Crossing, which already has 67 days a year over 40°C, is projected to have 225 days a year over 40°C by 2090 on current emissions projections.”

“The Kimberley has two of the largest climate threats in the country – Woodside’s Browse Basin proposal at Scott Reef, and Black Mountain’s Valhalla fracking proposal in the Martuwarra Fitzroy River catchment. These projects won’t be captured by the new laws, and that’s a travesty for nature and people in the Kimberley.”

“What these new laws show is that it is still going to take massive people power to protect the nature of the Kimberley.”

Help protect the Kimberley by becoming a member of Environs Kimberley here.

Header photo: The Kimberley's Martuwarra Fitzroy River. Photo: Wendy Mitchell.

Broome based conservation group Environs Kimberley says the Federal government’s approval of the Woodside North West Shelf extension to 2070 signals the death knell for Scott Reef, Australia’s most important oceanic reef 270km off the Kimberley coast.

“We need net zero by 2050 not new gas refineries to 2070 if we want to keep coral reefs like Scott Reef alive,” said Environs Kimberley Director Martin Pritchard.

“The Prime Minister Anthony Albanese and Environment Minister Murray Watt have taken the gas industry line which is contrary to expert organisations like the International Energy Agency, United Nations and climate scientists who say we can’t open up new gas basins if we want a safe climate,” Mr Pritchard said.

North West Shelf project. Photo: CCWA.

“People, especially young people, voted for a safe climate not the financial interests of oil and gas companies who now effectively have a licence to pollute until 2070,” said Mr Pritchard.

“The Albanese government will regret this decision as more climate catastrophes come our way and must take responsibility for that due to decisions like this.

“We now have no choice but to run the biggest campaign since James Price Point to protect Scott Reef and to make sure fracking doesn’t happen in the Kimberley,” said Mr Pritchard. 

Send your submission to save Scott Reef here. 

Scott Reef. Photo: Alex Westover.

Western Australia’s vast treasures of tropical landscapes, coral reefs and abundant marine life, and the forests of the south-west, shape our identity. The emphatic wins of the Australian Labor Party in WA come at a time when the challenges to the very things that are part of our DNA in this great State have never been greater.

West Australians and the nation issued a sweeping rejection of extreme right-wing politics, nuclear power and unrelenting attacks on nature. Instead, they have voted for action on climate change, real protection for nature and a clean energy future.

Scott Reef – coral wonderland at risk from oil and gas industrialisation. Photo: Alex Westover.

Meanwhile, climate change is in full force and sandgropers are paying billions of dollars to tackle the crisis. The lack of rainfall in the south-west is desperate. Another six months of low rainfall will be devastating for already parched rivers, creeks and aquifers. Perth doesn't have enough rainfall to reliably provide water to its 2.3 million people. Billions have been and are about to be spent on making seawater drinkable. Hundreds of millions of dollars have been spent on repairing flood-damaged roads, bridges, homes and infrastructure following the January 2023 floods in the Kimberley's Fitzroy Crossing. Forest collapse began in earnest after last year’s five-month dry spell in the south-west summer.

Fitzroy Crossing bridge collapsing in the biggest flood in WA's recorded history. Photo: Andrea Myers.

The science is unequivocal; emissions from burning fossil fuels are driving us towards an unrecognisable WA devoid of forests, coral reefs and tropical savannah, not to mention the increase in temperatures. More days over 35° and 40° are about to make life much more challenging, even dangerous, especially for the very young and old. According to the CSIRO and Bureau of Meteorology, Fitzroy Crossing is headed for 225 days over 40 degrees by 2090 if we keep burning fossil fuels at the same rate. The conservative International Energy Agency has said that no more new fossil fuel basins can be opened if we are to have a safe climate.

The Albanese government knows this is happening. The choice it faces now is whether to greenlight Woodside and unleash billions of tonnes of carbon emissions by extending the North West Shelf project to 2070, drill and kill Scott Reef, and frack the Kimberley, or have the courage to reject these retrograde industries to protect our climate. The wrong decisions would cause untold damage to our climate-stressed forests, reefs and water.

World’s most intact tropical savannah under threat from climate change. Photo: Damian Kelly.

Younger generations can see and understand what’s happening as they flock to political parties and candidates who vow to fight for the interests of a future climate that will render the world habitable, will Albo heed them?

Will his government keep our climate safe, reject the North West Shelf extension and invest in the biggest rollout ever of clean energy and green industries? With two terms of government ahead for an Albanese government, what will be the fate of future generations resulting from its decisions?

This is the week that will determine the Albanese government’s bequest to future generations.

This will be your legacy, Prime Minister.

Martin Pritchard has been working on conservation in Western Australia for 25 years and is the Executive Director of Broome based conservation group Environs Kimberley.

Environs Kimberley (EK) has rejected Woodside’s just-announced changes to its Browse gas project on Scott Reef as ‘tinkering around the edges’.

The WA EPA is now seeking public comment on Woodside’s five proposed ‘Section 43A’ changes which the company claims will reduce the project’s environmental risks and impacts.

Executive Director of EK, Martin Pritchard, said the proposed changes would in no way change the fact that the Scott Reef project should never be approved.

“Scott Reef is a natural jewel off the Kimberley coast. There is no way that drilling, processing and piping gas in this living marine environment could ever be made environmentally acceptable.

“In 2024 it was revealed via an FOI application that the EPA had formed the ‘preliminary view’ that Woodside’s Browse proposal was environmentally unacceptable.  According to the documents, the EPA cited threats to endangered whales and turtles and the risk of an oil spill and concluded that the project posed threats of serious or irreversible damage.

“Woodside’s tinkering has done nothing to change the reality that its project is unacceptable.

Scott Reef. Photo: Wendy Mitchell.

“We are dealing with a global climate and extinction crisis caused in large part by fossil fuels. It makes absolutely no sense to locate a new fossil fuel project, which would result in millions of tonnes of additional GHG emissions, in an environment rich in rare and threatened marine life like Pygmy blue whales, dolphins, marine turtles and sea snakes, as well as countless fish and coral species.

“Instead of tinkering with the project and toying with the assessment process, Woodside should get serious and drop the whole proposal.”

Banner image: Scott Reef. Photo: Alex Westover.