{"id":224436,"date":"2025-12-09T22:01:31","date_gmt":"2025-12-09T22:01:31","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/224436\/"},"modified":"2025-12-09T22:01:31","modified_gmt":"2025-12-09T22:01:31","slug":"integrity-of-environmental-approvals-questioned-in-wa-governments-attempt-to-balance-nature-and-industry-in-new-laws","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/224436\/","title":{"rendered":"‘Integrity’ of environmental approvals questioned in WA government’s attempt to balance nature and industry in new laws"},"content":{"rendered":"

Western Australia’s beautiful natural environment creates a perennial headache for governments: how to balance environmental protection with the desires of an insatiable resources industry that keeps the state’s economy ticking.<\/p>\n

Under both Mark McGowan and Roger Cook, the current Labor government has made no secret of its desire for a strong resources industry.<\/p>\n

\"Large<\/p>\n

The premier is a strong advocate for WA’s resources sector. (ABC News: Margaret Burin)<\/p>\n

One of its own MPs last year even described a report that led to changes to environmental laws<\/a> as “a wish list that certain industry groups have been touting for years”.<\/p>\n

Roger Cook wants to use parliament to avoid FOMO. Not everyone is on board<\/a><\/p>\n

The WA premier is seeking wide-reaching powers to change the rules on approvals for “big, shiny, job-creating projects” \u2014 but it has prompted concern from the opposition, environmentalists and even lawyers.<\/p>\n

But the laws Labor is trying to pass through parliament before the end of the year go much further, and have prompted strong criticism.<\/p>\n

It’s necessary, the government argues, for WA to keep pace with investors and developers who are growing accustomed to quick outcomes.<\/p>\n

And while the government has been pitching the debate as being between the environment and development, the range of concerns shows it’s more complicated than that.<\/p>\n

Priority, but for whom?<\/p>\n

One of the key criticisms of the bill is that it would allow the state development minister and the premier (Roger Cook is both) to decide by themselves what is a “priority project”.<\/p>\n

That’s a big deal, because “priority projects” can enjoy modified approvals processes if the minister or coordinator general believe they are necessary.<\/p>\n

\"A<\/p>\n

Roger Cook is both premier and state development minister. (ABC News: Keane Bourke)<\/p>\n

While providing certainty for those particular endeavours, there are worries it creates more uncertainty where companies aren’t sure if their project will be a priority or not, and so what rules they will be subject to.<\/p>\n

“Political will is likely to play a significant role in the operation of the bill,” law firm Clayton Utz warned in an assessment of the bill earlier this year.<\/p>\n

The Law Society expressed similar concerns, writing to the premier last month that the changes could lead to “a long line of proponent requests for special treatment with no consistent way to assess merit or priority”<\/a>.<\/p>\n

“The impact could, in effect, be a new, unneeded approval step, a new bottleneck and a new source of potential legal challenge,”<\/p><\/blockquote>\n

it said.WA premier declares ‘industrial FOMO’ as peak legal body slams proposed laws<\/a><\/p>\n

Roger Cook says he wants to bring more “shiny, job-creating projects” to the state, as WA’s peak legal body slams proposed new development laws.<\/p>\n

That concentration of power in the minister and coordinator general is also a risk, the Centre for Public Integrity believes, because a lack of “robust lobbying and political finance safeguards” in WA means the discretion is “vulnerable to industry influence and capture”.<\/p>\n

“By concentrating further discretionary power within the executive, while bypassing established oversight and consultation processes, the State Development Bill 2025 risks deepening public distrust and entrenching a culture of expedient decision-making at the expense of transparency, integrity and the public interest,” its report reads.<\/p>\n

The government has rejected those criticisms, promising there won’t be any surprises in which projects benefit.<\/p>\n

\"Amber-Jade<\/p>\n

Ms Sanderson expects the new laws will lead to more transparency. (ABC News: Courtney Withers)<\/p>\n

“And that will be based on a framework of priorities of the government, so decarbonising the economy, diversifying the economy and ensuring that we’re setting up industries for the future,” Energy Minister Amber-Jade Sanderson said last week.<\/p>\n

She also said the new laws would improve transparency and allow the parliament to play a greater role by being able to overrule some decisions.<\/p>\n

Government ‘crossed line’ with EPA<\/p>\n

There are also concerns about what crunched timeframes could do for the quality of advice prepared as part of approvals processes.<\/p>\n

For example, the Environmental Protection Authority could have the timeframes for some of its assessments slashed to as few as 20 business days.<\/p>\n

\"Tom<\/p>\n

For Dr Hatton, the bill has several shortcomings. (ABC News: Keane Bourke)<\/p>\n

A former chair of the EPA, Tom Hatton, said that risked compromising “the quality and integrity of the advice”.<\/p>\n

“I cannot see how it would be possible to bring anything like the same level of due diligence, and develop and maintain the same level of public trust and confidence in the advice that ensues from the EPA, if they only had 20 or 30 days to provide that advice,” he told the ABC.<\/p>\n

Loading…<\/p>\n

Dr Hatton said he could understand the intentions behind the bill, describing it as “ambitious for good reasons”, but said it fell down around “transparency, environmental protection [and] maintaining standards of accountability”.<\/p>\n

He warned, in his view, this Labor government “crossed the line” with the EPA on occasion because it would rather limit its scope than hear uncomfortable advice.<\/p>\n

“It has always been at the government’s discretion whether to take that advice onboard and how to take it onboard and if to take it onboard,” he said.<\/p>\n

“This pre-emption \u2014 we don’t want you to tell us about certain things that are clearly covered under the scope of the act, we want you to move faster just to move faster \u2014 it concerns me.”<\/p>\n

Deal done with Opposition<\/p>\n

WA Liberals MLA Steve Thomas believes he has improved the transparency and accountability of the bill with two changes he and the government have struck a deal on.<\/p>\n

It will mean when a timeframe is changed, and when a revised timeframe is not met by an authority, the government will have to let people know.<\/p>\n

“The parliament will be notified and therefore the public will be notified,” he said.<\/p>\n

\"Steve<\/p>\n

Dr Thomas struck a deal with Labor with the aim of more accountability. (ABC News: Keane Bourke)<\/p>\n

“We need a bit of accountability in that process.”<\/p>\n

Those amendments are enough to allay the opposition’s key concerns, he said, arguing the need for a more pro-development environment in WA while taking a swipe at the Greens.<\/p>\n

“The Greens have become, to some degree, the victims of their own success,” he said.<\/p>\n

\"A<\/p>\n

The amendments Dr Thomas secured are enough to allay the Liberals’ concerns. (ABC News: Keane Bourke)<\/p>\n

“It has managed to hold approvals out for years and sometimes decades. They’ve been very successful in undermining the approvals system.<\/p>\n

“It should come as no surprise that ultimately those parties that have to form government, those parties that have to worry about jobs in the economy, would ultimately act to try and prevent that from getting worse in the future.”<\/p>\n

Striking a balance<\/p>\n

The government has been expressing a similar sentiment, but without being so blunt to its left flank, which would quite like stronger environmental protections.<\/p>\n

“We have to be quite real in this state,” Deputy Premier Rita Saffioti said.<\/p>\n

\"Rita<\/p>\n

Rita Saffioti has confidence in the government’s record on balancing development with environmental protection. (ABC News: Lauren Smith)<\/p>\n

“We have had and continue to deliver a very good balance between development and environmental protection, but we need to keep that balance going.<\/p>\n

“And I know that sometimes, some projects are labelled very early on and where facts don’t matter.<\/p>\n

“What we’ve always said is, let’s deal with the facts and make sure that we have the facts on the table and then we can have proper decisions.”<\/p><\/blockquote>\n

The concern of Dr Hatton, and others, is that these processes will mean the government doesn’t have the proper facts on the table to make those proper decisions.<\/p>\n

If the ultimate aim is faster approvals and an attractive business environment, it might be a price the government is willing to pay.<\/p>\n

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