Implementing Australia’s Strategy for Nature 2024 – 2030

In October, NELA's Biodiveristy Working Group and Publication and Submissions Portfolio made a submission to the NBSAP Taskforce, Department of Climate Change, Energy, the Environment and Water. Biodiversity in Australia is in a state of continued decline.  Strong federal leadership is needed to address this issue, which can be demonstrated in two key ways:

1. Adequate federal funding and support;

2. Legal authority to act which necessitates federal environmental laws on the matters that Australia’s Strategy for Nature covers.

NELA’s submission considers how the Australian government can achieve public investment in conservation, supported by strong legal frameworks as part of its implementation plan for Australia’s Strategy for Nature. You can read the full submission here. NELA thanks the following Board Directors and Biodiversity Working Group members for their contributions to this submission: Professor Justine Bell-James, Sarah Brugler, Dr Paul Govind, Dr Phillipa McCormack, Faith Roche, Pip Abbott and Emma Garlett.

Strengthening Australia’s Path to Net Zero: NELA’s submission to the Climate Change Authority

NELA has welcomed the opportunity to provide a submission to the Climate Change Authority (CCA) as part of its 2025 Annual Progress Report consultation. The submission focuses on how Australia can strengthen its approach to achieving net zero in accordance with international law.

NELA’s submission highlights the implications of two landmark decisions — the International Court of Justice’s Advisory Opinion on Climate Obligations (2025) and the Federal Court’s decision in Pabai Pabai v Commonwealth (2025) — both of which clarify how States must exercise stringent due diligence in setting and implementing emissions reduction targets.

NELA recommends that Australia’s approach to net zero be explicitly aligned with the 1.5°C temperature goal under the Paris Agreement, supported by regulatory mechanisms that achieve deep, rapid and sustained emissions reductions. The submission also calls for reforms to ensure Environmental Impact Assessments account for Scope 1, 2 and 3 emissions, and cautions that continued support for fossil fuel projects may be inconsistent with Australia’s obligations under international law.

The full submission can be found here.

Submission on the Proposed Biodiversity Bill 2025 (SA)

NELA has welcomed the opportunity to provide a submission to the Department for Environment and Water into the proposed Biodiversity Bill 2025 (SA). The Bill an important first step for South Australia in establishing the State’s first biodiversity legislation. NELA cautions the South Australian government that the Biodiversity Bill contains components of existing biodiversity laws that have been found to be problematic in other jurisdictions in Australia. The major shortcomings include reliance on offsets and broad discretion for decision-makers (which generally leads to uncertainty and weaker protections). NELA has also made some simple suggestions that could avoid this biodiversity law from being ‘trumped’ by planning, property, mining, water, and forestry laws, as has often been the case in other jurisdictions. NELA submits that with a few tweaks to improving the governance arrangements, then the Bill may be able to achieve more for biodiversity than which has been achieved by comparable laws in other jurisdictions. The full submission can be found here.

Submission to the Joint Standing Committee on Net Zero Future on the inquiry into the 2024 Annual Report of the Net Zero Commission

NELA welcomed the opportunity to make a submission to the Joint Standing Committee on Net Zero Future on the inquiry into the 2024 Annual Report of the Net Zero Commission. This submission was drafted by the NELA climate change working group on behalf of NELA Board. The full submission can be found here.

Submission on the Safe and Responsible AI for Australia: Proposal Paper for Introducing Mandatory Guardrails for AI in high-risk settings

NELA has prepared a submission in response to the Safe and Responsible AI in Australia proposals paper for introducing mandatory guardrails for AI in high-risk settings ('the Proposal Paper'). This submission relates to Questions 1, 8 and 13 of the Proposal Paper, and highlights the importance of greater attention of environmental issues associated with AI in both proposed principles and guardrails. In this submission, NELA’s three key considerations includes:

• ensuring AI environmental impacts is given prominence and weight by revising ‘principle e’ to remove environment, and creating a new principle that specifically addresses the environmental impact risks of AI development and use;

• ensuring environmental issues are appropriately factored into the binding norms of a new AI regulatory framework; and

• supporting a new cross-economy AI Act as the best option for ensuring environmental considerations are given appropriate consideration and weight in AI regulation.

  Full submission can be found here.

National Roadmap for Protecting and Conserving 30% of Australia’s Land by 2030

NELA welcomes the opportunity to provide a submission on the National Roadmap for Protecting and Conserving 30% of Australia’s Land by 2030.   For full information, full submission found here.

Submission on the Proposed Offshore Wind Area: Indian Ocean off Bunbury, Western Australia

NELA welcomes the opportunity to make a submission regarding the Department of Climate Change, Energy, the Environment and Water's (DCCEEW) request for public feedback on the Proposed Offshore Wind Area: Indian Ocean off Bunbury, Western Australia (Proposed Area). This submission has been prepared by the WA division of NELA and endorsed by the NELA National Board. In summary: A. the development of offshore wind farms will assist Australia to reach its domestic net-zero targets; B: acoustic impacts of wind farms may threaten biological communties residing in and around the proposed area, and so monioring options bve employed to eliminate or reduce these impacts to an ecologically acceptable level; and C: NELA generally supportive of the declaration of the Proposed Area if these ecologial impacts are adequately addressed.   Full submission found here.

Submission on the draft 'Other Effective Area-based Conservation Measures (OECMs) Framework

NELA welcomes the opportunity to provide a submission on the Other Effective area-based Conservation Measures (OECMs) Framework. For full information, full submission found here.

Submission on South Australia's Biodiversity Act Discussion Paper

On 1 March 2024, NELA made a submission on South Australia's Biodiversity Act Discussion Paper. NELA broadly supports the framing of each of the 10 topics and recommend that in designing legislation supporting infrastructure be planned for, including appropriate resourcing. NELA refers the South Australia government to other relevant position papers prepared by NELA, such as in relation to Environmental Offsets and matters of National Environmental Significance and Priority EPBC Act Reforms. Read our full submission here.

NELA Submission - Climate-related financial disclosure: Exposure draft legislation

NELA proudly provides its submission to the Treasury into the climate-related financial disclosure: explosure draft legislation released by Australia's Commonwealth Government. NELA sees this Exposure draft legislation on climate-related financial dislcosure critical towards establishing a transparent and internationally aligned framework for financial corporate reporting on climate risks and opportunities in Australia. This submission, however, critically examines the open questions left by the broad interpretations within the Exposure Draft's affecting its intended applicability to mandate sustainability reporting. Therefore, recommendation to clarify scope of this draft legislation is encouraged. In turn will improve guidance for applied uses of sustainability reporting in both public and private sectors, particularly in support of Australia's existing and adjusted greenhouse gas emission reduction targets under the Climate Change Act 2022 (Cth). This submission was drafted by the NELA climate change working group on behalf of NELA Board. For more information, full submission found here.

Submission on Climate Change (Duty of Care and Intergenerational Equity) Amendment Bill 2023

NELA welcomes the opportunity to submit a response to the Senate Standing Committee on Environment and Communications regarding the inquiry into the Climate Change Amendment (Duty of Care and Intergenerational Equity) Bill 2023 (Cth) (Bill). As the peak body for advancing Australian environmental law and policy, NELA recognizes the potential impact of this Bill and views this submission as an opportunity to contribute to shaping environmental policies. The proposed bill introduces statutory duties aimed at addressing decision-making impacting greenhouse gas emissions, placing emphasis on intergenerational equity. Full submission can be viewed here.   

NELA Submission - Climate Change (Net Zero Future) Bill 2023

NELA has welcomed the opportunity to provide a submission into the Climate Change (Net Zero Future) Bill 2023 (Bill) to the Portfolio Committee No 7 - Planning and Environment. Given the Bill’s significance in legislating net zero targets for NSW and establishing the Net Zero Commission to advise the NSW Government on future climate action, the Bill is of particular importance to NELA’s members. NELA sees the Bill can be more ambitious, and indeed, must be more ambitious if it is to adequately meet the challenge that is posed by climate change to the people and environment of NSW. As NELA submits climate change is intrinsically linked to the biodiversity crisis, this submission draws this connection to the Committee’s attention by proposing key amendments to empower the Commission to galvanise efforts across the NSW Government to reduce greenhouse gas emissions, strengthen NSW’s resilience to climate, and mitigate and respond to the loss or damage suffered by NSW people and communities due to climate change intersecting with biodiversity loss. NELA’s recommendation are the following:

1. The Bill must meaningfully operationalise climate change considerations across the NSW Government.

2. The net zero targets enshrined in the Bill must be more ambitious and include interim targets.

3. The Bill must recognise the intersecting nature of the climate and biodiversity crises.

4. The Bill should recognise the necessity in responding to climate-related loss and damage that is already being suffered by people and communities in NSW as a result of a changing climate and empower the Commission to provide advice on this.

5. The Net Zero Commission should be strengthened to ensure effectiveness and independence from political and financial interests.

6. The Bill must seek to recognise and involve diverse perspectives in the exercise of the Commission’s functions.

Full submission found here.

NELA Position Paper: Environmental Offsets

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) ('EPBC Act') does not explicitly address offsets, although they have been included in approval conditions since the Act's inception. NELA  has prepared a Position Paper anticipating the Australian Government's intention to implement a national environmental offsets scheme in the legislation replacing the EPBC Act. The paper outlines a best practice framework with four stages: overarching principles, substantive rules, integrity, and continual improvement. See our full position Paper here

National Indepent EPA Briefing Paper

NELA is pleased to provide a briefing paper for the Commonwealth Environment Minister on the National Independent EPA. See our full briefing here.

NELA Briefing Paper for Minister Plibersek on EPBC Act reforms

NELA have prepared a paper for the Commonwealth Environment Minister (Tanya Plibersek) that highlights a number of important environmental concerns that should receive close attention as the Australian Government reforms on the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) are being developed, including its Nature Positive Plan through the Nature Repair Market Bill 2023. The areas of concerns this paper includes are: 

• assessment processes; 

• connecting environmental ‘recovery’ with decision-making; 

• improving compliance tools; and 

• making explicit connection between climate change and biodiversity conservation. 

Read our full paper here.

Submission on Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023

NELA has welcomed the opportunity to make a submission to the Senate Standing Committee on Environment and Communication into the Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023 (Bill).  This submission was made with respect to the proposed Bill amending the Environment Protection (Sea Dumping) Act 1981 (Cth) (EPSD Act) aims grant permits for: 

• the export of carbon dioxide, streams from carbon capture process for the purposes of storage in sub-seabed geological formations (i.e., carbon capture and storage); and 

• placement of waste or other matter for a marine geoengineering activity for scientific research (e.g., ocean fertilisation). 

NELA’s submission includes the following:

• current statutory requirements under the Bill to conduct envrionment assessment and scientific testing insufficent and should be strengthened to ensure impacts on the envrionments are mitigated to the greatest extent practicable; 

• the Bill should expressly require an applicanyt for a permit consultation with First Nations Communities or Traditional Owners whose interests may be affected by the proposed activity; 

• Bill should expressly recognise where the proposed activities would intergrate and interact with other legal frameworks, including Commonwealth, sstate and territory, anbd international laws. This would ensure the EPSD Act is fit for purpose and provide sufficient regulatory certainty; and 

• severity of penalties that may be imposed under the EPSD Act should be increased as to ensure the EPSD Act provides sufficient deterrance for any action taken without a permit. 

Read our full submission here. 

NELA Greenwashing Submission to the Senate

NELA has developed this submission on greenwashing with the help of a roundtable of members and key voices in environmental law in Australia. NELA would like to thank all those who contributed to this, including Dalitso Banda and Reid Thornett from Bennett, Zoe Bush from the Environmental Defenders Office, and those who contributed anonymously. NELA's submission includes:

• support the current enforcement regime as a sensible starting point, but recommends regulators be further resourced to prevent and penalise greenwashing;

• consumers be given more accessible education on greenwashing;

• a more comprehensive transparency regulatory regime for environmental disclosure should be created;

• director duties' should expressly include considering the impact of a company's operation on the environment;

• general deterrence against greenwashing across the main legislative instruments can be improved by aligning the objectives and removing inconsistencies in the application of those penalties;

• mechanisms to support civil claims against greenwashing should be strengthened; and

• regulators should assess and report on how Australia's regulatory environment is supporting or hindering transparency about greenwashing, and the potential for shortfalls in that regulatory environment exacerbating the risk of greenwashing in the future.

  Read our full submission here.

NELA Submission on the Nature Repair Market Bill

On 3 March 2023, NELA was pleased to provide the following submission on the Draft Nature Repair Market Bill (Biodiversity Certificates Scheme). In summary, NELA submitted:

• That the objects of the Bill should expressly, and in more detail, enshrine the protection, conservation and restoration targets of the Global Biodiversity Framework;

• The Clean Energy Regulator is not currently an appropriate regulator for the new Market;

• The Nature Repair Committee must include mandatory biological and/or ecological science expertise in its membership;

• If the Bill is to ensure that the Market achieves nature-positive outcomes, biodiversity certificates should not be used to achieve a compliance offset; and

• Determinations about making or varying methodologies must be required to comply with biodiversity integrity standards and advice from the Nature Repair Committee.

Read the full submission here.

NELA Submission on the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendments Rules

NELA welcomed the opportunity to comment on the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendments Rules (Safeguard Rules) on 28 February 2023. NELA's submission included:

• NELA generally supports the proposed method of calculating baselines for new and existing facilities, along with the proposed hybrid model;

• In relation to compliance options, NELA submits that the availability of ACCUs to meet Safeguard Mechanism baselines should not be unlimited and should be reduced overtime;

• There should be further clarification on when, if at all, international best practice will be taken into account when calculating for existing facilities;

• NELA supports the decision to disallow Safeguard Facilities from counting ACCUs sold to the Government through existing carbon abatement contracts toward their baseline for the first two years following the reforms;

• Safeguard Mechanism Credits should be the exclusive credit for reduction in emissions covered by Safeguard Mechanism facilities, and that ACCUs are only to be available for emissions reduction outside of the Safeguard Mechanism;

• NELA supports the adoption of a framework which is based on the comparative impact of emissions reductions efforts on Safeguard Mechanism facilities to ensure that businesses are not comparatively disadvantaged; and

• NELA recommends that the review period, which is currently scheduled for the 2026-2027 financial year, be brought forward to the 2025-2026 financial year.

Read our full submission here.

NELA Commonwealth Briefing Note

NELA have recently prepared a briefing note on the key issues for environmental reform in Australia, these issues included: 1. Review of the Environment Protection and Biodiversity Conservation Act 1999 2. Inadequate cultural heritage protections 3. Australian Carbon Credit Units review 4. Safeguard Mechanism reform 5. Issues surrounding hydrogen legislation 6. Biodiversity 7. Limitations in native title law Read our full briefing note here.