Environmental reform welcome, but should not come at the cost of proper legislative processes
27 November 2025
Reform of Australia’s environmental laws is welcome, but adequate time for consultation and public scrutiny is required to ensure our laws are effective, the Law Council of Australia said today.
“The Law Council of Australia notes that an agreement has been reached that will allow the package of seven environmental reform bills to be passed by the Senate today – before a planned Parliamentary review has time to be completed,” Law Council of Australia President, Juliana Warner said.
“We agree that the Environment Protection and Biodiversity Conservation Act requires significant reform, but that should increase the need for transparent, democratic and accountable law-making, not diminish it.
“The Minister introduced the bills to Parliament less than a month ago. They were referred to the Senate Environment and Communications Legislation Committee for review. The Committee asked for submissions by 5 December 2025 and was not scheduled to report back to the Senate until March next year.
“The Committee then decided to hold hearings only a couple of weeks after the Bills were introduced, and well before the deadline for submissions had closed.
“This process of public consultation and Senate committee scrutiny, bearing in mind the Senate’s intended role as a house of review, is now largely defunct. Committee scrutiny should occur before, not after, laws are passed. Targeted, closed consultations by the Government are no substitute for this process.
“Failure to allow full and adequate public consultation undermines good law-making, and could risk legislation that does not fully achieve its objectives.
“Laws of this nature affect all Australians. It is vitally important there are adequate and meaningful opportunities for all members of the public, including civil society groups and First Nations communities, to have their say in the making of these kinds of laws, having regard to their detail.
“Proper process would help ensure Ministerial powers are appropriately defined, amendments are sufficiently clear, adequate safeguards are built in, and that the measures are consistent with Australia’s international obligations – among other matters raised by almost 600 pages of draft legislation, hundreds more of explanatory materials, and now also the agreed amendments.
“We are troubled that this is part of an emerging trend of laws being made without appropriate checks and balances being respected before they pass. We agree with the Centre for Public Integrity that this is likely to undermine public trust and confidence in the legislative process.
“In July, the Law Council issued a Best Practice Legislative Development Checklist to remind decision makers of the minimum steps required to ensure our laws are robust and fit for purpose.
“We once again remind government and parliamentarians of those minimum steps to ensure legislation can best deliver sensible and positive reforms for the Australian community.”
Contact
Kristen Connell
T. 0400 054 227
E. kristen.connell@lawcouncil.au
Last Updated on 28/11/2025