Federal Conservation Act: Legal Quicksand

28 January 2025. Michael Guerin, AgForce CEO.

'Federal Conservation Act: Legal Quicksand' - so screamed an AgForce Member Alert headline from more than 20 years ago in 2001 when our then General President Larry Acton voiced his concerns with the Federal Government regarding EPBC listings.

The alert continued, 'Members need to be aware of the implications of the April 2001 listings of certain threatened ecological communities under the Federal Government's Environmental Protection and Biodiversity Conservation Act. The listings of brigalow and bluegrass were approved by the Federal Environment Minister Senator Robert Hill without consultation or consideration as to the impact on landholders.'

The alert went on…..

Interestingly, it appears we had to engage solicitors to provide legal advice on the impact of the listings to the farming sector for our legitimate concerns to be heard - sound familiar.

And yet here we are in 2025 with the Federal Government again failing to engage meaningfully with industry on its supposed 'Nature Positive' reforms. This is despite the government committing to drive reform across this important area at the last election.

Despite 25 years of frustration, we cannot let this one go. Too much is at stake environmentally, socially, and economically.

Ahead of the parties finalising their election platforms in the lead-up to the next inevitable federal election, we need to have as many conversations as possible, with as many candidates as possible.

This nonsense of obfuscation or worse, not having industry at the table at all in the early stages of reform conversations, is effectively the federal government just 'kicking the can down the road'. This cannot continue if we are to avoid further damage to our precious ecosystems, and our farming and grazing communities.

The current EPBC Act (as it has been for more than 25 years) is manifestly unhelpful across environmental, social and economic measures. It has significant overlaps and gaps with state and local planning laws and is unfit for purpose - period.

Whilst cost of living and crime may feature heavily in the upcoming election, we need to do all we can to ensure food security also features prominently - and make no mistake if we do not get fundamental reform in this critical area it will continue to have a material impact on the food security that all Australians take for granted.

AgForce as the state farming delegate to the National Farmers Federation will do all we can to give this issue the prominence it deserves. Let's also engage in as many conversations with candidates as we can at a grass roots level.

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