Environmental law expert urges government to remove “national interest” loophole from proposed legislation

Graeme Samuel, former chair of the Australian Competition and Consumer Commission and lead author of a major 2020 environmental law review, is calling on the Labor government to abandon a controversial provision in proposed environmental legislation that would allow ministers to approve projects even when they violate environmental protections.

The disputed provision would permit Australia’s environment minister to override existing environmental laws by invoking “national interest” considerations. Samuel argues this creates a dangerous precedent that could undermine the entire framework of environmental protection, allowing political considerations to trump science-based conservation requirements. This criticism carries significant weight given Samuel’s role in conducting the comprehensive 2020 review of Australia’s primary environmental law, the Environment Protection and Biodiversity Conservation (EPBC) Act.

Beyond the national interest exemption, Samuel also criticized another existing loophole that effectively excludes native forest logging operations from environmental oversight requirements. He stated this exemption “shouldn’t be there,” highlighting ongoing concerns about how Australia’s environmental laws apply inconsistently across different industries and activities.

The debate reflects broader tensions between economic development and environmental protection in Australia’s legislative framework. Samuel’s intervention comes as the government works to reform environmental laws, with conservationists and industry groups closely watching how the final legislation will balance competing interests. His criticism suggests that even moderate voices in Australia’s policy establishment view the proposed ministerial override powers as going too far in weakening environmental protections.