GLOBAL – Australia's parliament has passed a sweeping and controversial overhaul of its national environmental laws, concluding a contentious political process on Thursday, 27 November 2025. The legislation, which passed the Senate after 11:00 AM EAT, was the result of a last-minute deal between the ruling Labor government and the Australian Greens, ending a five-year struggle to reform what has been widely described as a broken system.

The package of bills amends the Environment Protection and Biodiversity Conservation (EPBC) Act, which has been in place for a quarter-century. The reforms are based on the recommendations of a 2020 independent review led by Professor Graeme Samuel, which found Australia's environment was suffering from decades of failing to improve the law and its implementation. Prime Minister Anthony Albanese hailed the passage as a “landmark day for the environment” that would also provide more certainty for business.

Key provisions of the new legal framework include the establishment of Australia’s first national Environment Protection Agency (EPA), slated to be operational by July 2026. This body will be responsible for enforcing the law and will have the power to issue stop-work orders and impose higher penalties for serious breaches. The reforms also introduce legally enforceable National Environmental Standards, a core recommendation of the Samuel Review, to create clear guidelines for protecting nature.

A Deal Struck Amid Controversy

The path to passing the legislation was fraught with political tension. The Albanese government secured the necessary votes by making several key concessions to the Greens. Notably, the deal removes a long-standing exemption for native forest logging operations from national environmental laws, which will be phased out over 18 months. Furthermore, the government agreed to prevent new coal and gas projects from being eligible for a new fast-tracked 30-day project approval pathway.

Despite these concessions, the deal has drawn sharp criticism. The opposition Coalition voted against the bill, with Shadow Environment Minister Sussan Ley labeling it a “dirty deal” that would increase energy prices. Some industry groups, including the Minerals Council of Australia, described the outcome as “inferior and disappointing,” arguing it would increase red tape by requiring climate disclosures already covered under other mechanisms.

Concerns were also raised by independent Senator David Pocock, who, despite ultimately supporting the bill, warned that the laws were being “rammed through with almost no time for scrutiny.” He pointed to vague ministerial powers and a failure to fully address the climate impact of new projects as significant shortcomings.

Global Precedent and Lessons for Kenya

While a domestic Australian issue, this legislative overhaul serves as a significant case study for nations worldwide, including Kenya, that are grappling with similar challenges. Both Kenya and Australia are biodiversity hotspots, facing immense pressure to balance economic imperatives like mining, agriculture, and infrastructure with the urgent need for conservation.

Kenya's primary environmental law, the Environmental Management and Co-ordination Act (EMCA) of 1999, provides a framework for environmental impact assessments and audits, coordinated by the National Environment Management Authority (NEMA). However, like Australia's old laws, it has faced challenges with enforcement and in halting environmental degradation. The Australian reforms—particularly the creation of a powerful, independent EPA and the establishment of binding national standards—offer a potential model for strengthening such frameworks.

The debate in Australia also highlights the universal tension between national development and environmental protection. The new laws aim to streamline approvals for priority projects in housing and renewable energy while setting clearer 'no-go zones' to protect critical habitats. This mirrors the ongoing dialogue in Kenya regarding infrastructure development in or near protected areas.

As the host of the UN Environment Programme (UNEP) headquarters in Nairobi, Kenya is a central player in global environmental diplomacy. The decisions made by developed nations like Australia are watched closely, as they set precedents for international standards and commitments under frameworks like the Kunming-Montreal Global Biodiversity Framework, which calls for protecting 30% of the planet by 2030. The Australian government's move, though imperfect, signals a shift towards stronger regulatory oversight, a principle with global resonance as nations work to reverse biodiversity loss.