Australia overhauls environmental law but indigenous communities still left out of decision-making power

Australia has finally rewritten its landmark Environment Protection and Biodiversity Conservation Act after decades of criticism that the 1999 law was “not fit for purpose.” The sweeping parliamentary reforms introduce national environmental standards, create an independent environmental watchdog, impose higher penalties for violations, and close loopholes that previously allowed destructive practices like native forest logging and large-scale land clearing to escape federal oversight.

These changes directly respond to the 2020 Samuel Review, which warned that Australia’s nature laws were failing catastrophically to prevent habitat loss and biodiversity decline. While the reforms represent significant progress, they fall short on one of the most critical issues: empowering Indigenous communities who have been custodians of their Country for tens of thousands of years.

Aboriginal and Torres Strait Islander peoples remain relegated to a consultation role rather than being granted decision-making authority over their traditional lands. Despite possessing invaluable ecological knowledge and maintaining deep cultural responsibility for land and water management, First Nations communities are still sidelined when it comes to shaping Australia’s environmental future. The new system risks rebuilding the same exclusionary framework with a fresh coat of paint.

The contrast with other countries is striking. In Canada, Indigenous nations have moved far beyond observer status, holding majority ownership stakes in renewable energy, mining, and infrastructure projects. As Australia implements its environmental law overhaul, the fundamental question remains: will this new system finally share genuine power with First Nations, or will it perpetuate the same marginalization that has weakened environmental protection for generations?