'Climate trigger' formally ruled out of Australia environment laws

By Al Mayadeen English
Source: ABC Australia
22 Oct 2025 11:33
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Australia’s environment law overhaul drops the climate trigger, prompting backlash from the Greens as the government pushes forward with emissions reporting reforms.

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In this file photo, smoke billows out of a chimney stack of BHP steelwork factories at Port Kembla, south of Sydney, Australia on July 2, 2014. (AP)

The Australian government has formally ruled out including a "climate trigger" in its long-anticipated overhaul of national environment laws, a move that has sparked sharp criticism from the Greens and may jeopardize crossbench support for the legislation.

Environment Minister Murray Watt confirmed the decision not to incorporate a climate trigger, an instrument that could block coal and gas projects based on their carbon emissions, into the revised Environment Protection and Biodiversity Conservation (EPBC) Act. Instead, the government will require major developments to disclose projected carbon emissions and provide plans to reduce them to net zero by 2050.

"This is [also] officially ruling out, in print, a climate trigger. But at the same time requiring proponents to do something they haven't got to do currently," Watt said.

Under the proposed Australian environment law reform, any project expected to emit more than 100,000 tonnes of carbon dioxide annually must report those emissions and outline a pathway to net zero. These new requirements will apply to a wider range of industrial projects that are not currently captured under the existing Safeguard Mechanism.

The emissions disclosure framework will be aligned with the Safeguard Mechanism, which mandates a 5% annual emissions reduction target for major polluters. "This is an important step forward to provide the community with confidence that proponents are taking their greenhouse gas emissions seriously," Senator Watt said.

Coalition backs reform, Greens slam proposal

Negotiations with the Coalition have progressed, with Shadow Environment Minister Angie Bell welcoming the government’s decision to drop the climate trigger "after sustained pressure." Bell also noted that the government had accepted other key demands, including retaining final decision-making powers with the environment minister, and limiting the new Environment Protection Agency’s role to assurance, compliance, and auditing.

"By removing duplication, limiting climate reporting that is already included in other legislation and pushing for a Commonwealth offset, the Coalition has held this government to account when negotiating the right balance for the industry and environment," Bell said.

The government continues to seek broader support, holding meetings with both the Coalition and the Greens. However, the Greens have expressed outrage at the decision to exclude the climate trigger. "We need environment laws that protect our forests and the climate; these laws do neither, they are not worth the paper they’re printed on," said Greens Environment spokesperson Sarah Hanson-Young. "While industry will no doubt say they haven’t got enough, their grubby fingerprints are all over it."

Enforcement powers and environmental penalties expanded

In addition to emissions reporting, the EPBC Act overhaul introduces significantly tougher penalties for breaches. Individuals could face fines of up to $1.6 million, while companies could be fined up to $825 million. For corporate offenders, penalties could rise to the greater of $16.5 million, three times the value of the benefit from the breach, or 10 percent of annual turnover.

Senator Watt emphasized that these measures aim to make environmental laws enforceable and credible, ensuring compliance across industries.

The reform will also create an emergency "stop work" authority, allowing the Environmental Protection Agency to halt any development causing or threatening imminent environmental harm. This change follows revelations that the environment department had no legal authority to stop work on the Gemini coal project in Dingo, central Queensland, despite allegations it was clearing koala habitat unlawfully.

The new emergency powers will allow authorities to intervene immediately in cases of "major contraventions" or imminent risk to the environment. "These new laws will not only allow an Environment Protection Agency to come down hard on these criminals, but also the power to immediately stop work to protect the environment," Watt said.

Despite broad consultations, the lack of a climate trigger remains a sticking point in securing support from the Greens, while the Coalition has largely endorsed the legislation following key concessions.