The bill amends the Environment Protection and Biodiversity Conservation Act 1999 to introduce a climate trigger that requires federal assessment of projects emitting between 25,000 and 100,000 tonnes of CO₂-equivalent per year and prohibits projects exceeding 100,000 tonnes CO₂-equivalent annually.
It also mandates the Climate Change Authority to establish and report a national carbon budget to 2050, ensuring new developments align with Australia’s emission reduction targets.
The Environment Protection and Biodiversity Conservation Amendment (Climate Trigger) Bill 2022 amends the EPBC Act 1999 by inserting a new Subdivision FC to regulate greenhouse gas emissions as a matter of national environmental significance. Section 24F creates the legal basis for a climate trigger, while section 24G prohibits actions likely to emit 25,000 t CO₂-e or more in any 12-month period without approval under Part 9. Projects with annual emissions between 25,000 and 100,000 t CO₂-e must undergo full environmental assessment, with decisions weighed against the national carbon budget and Australia’s emission reduction targets. Sections 141A and 146P bar approval of projects exceeding 100,000 t CO₂-e per year, effectively prohibiting high-emission developments.
The Bill also requires the Climate Change Authority to establish a national carbon budget to 2050, update it annually, and report to Parliament. Amendments throughout the Act (including to strategic assessment, bilateral agreements, bioregional plans and conservation agreements) ensure that no alternative approval processes can circumvent the climate trigger. New definitions and penalty provisions align enforcement with existing controlled action offences and civil penalties.
The bill fills a critical gap in Australia’s primary environmental law by treating greenhouse gas emissions as a matter of national environmental significance. By introducing a clear emissions trigger and binding thresholds, it ensures that major projects cannot proceed without rigorous federal assessment, aligning federal approvals with climate science and the precautionary principle.
Requiring the Climate Change Authority to set and monitor a national carbon budget to 2050 enhances transparency and accountability in climate governance, and integrates long-term emissions goals into project assessments. This promotes efficient allocation of resources toward low-carbon development paths and reduces the social and economic costs of climate change [Judgment].
Embedding emission limits in the EPBC Act also reinforces Australia’s commitments under international climate agreements, helping to maintain national credibility and avoid diplomatic and economic penalties associated with non-compliance. Overall, the bill provides a robust legal mechanism to protect ecosystems and human communities from the worst impacts of climate change.
Even granting the importance of emissions reduction, the EPBC Act’s scope is principally biodiversity protection, not climate policy, and layering major carbon thresholds onto it risks legal complexity and inconsistent assessments. Existing state and federal climate frameworks, including the Safeguard Mechanism and carbon pricing schemes, already regulate major emitters effectively.
The arbitrary choice of 25,000 t CO₂-e as the lower trigger may ensnare small and medium-scale projects with marginal climate impacts, imposing costly delays and uncertainty that deter investment in resource development and infrastructure [Judgment]. High-emission industries require clear, specialized carbon regulation, not a retrofit of the biodiversity Act.
Furthermore, centralizing final approval authority in the minister under broad budget consistency criteria amplifies executive discretion, undermining regulatory clarity and exposing projects to political risk. This could harm Australia’s economic competitiveness and property rights without delivering proportional environmental benefits.
2022-09-05
Senate
Before Senate
HANSON-YOUNG, Sen Sarah
Unspecified
Climate Change / Environment, Energy Policy