Dr Phillipa McCormack on Ken Henry’s Call for Urgent Nature Law Reform

Dr Phillipa McCormack, Future Making Fellow at the Environment Institute, wrote about Ken Henry’s call for reform of Australia’s fragile environmental protection laws in The Conversation.

In his speech to the National Press Club, Henry warned that Australia’s global reputation and its net zero commitments are at risk without urgent change. He described the Environment Protection and Biodiversity Conservation Act (EPBCA) as “a misnomer if ever there was one” and condemned delays in reform.

Henry’s speech is expected to set the tone for reform efforts that will carry forward across the next year, as the government seeks agreement with miners, business groups, environmental advocates, and the Senate. Environment Minister Murray Watt has already committed to prioritising reform, pledging change within 18 months of taking on the portfolio.

Henry stressed that reform is central not only to meeting Australia’s climate goals but also to restoring nature. He lamented ongoing land clearing, poor fire management, and the logging of habitat for endangered species such as the koala and greater glider.

He also pointed to the potential of a well-designed natural capital market to create financial incentives for restoration through tradable credits. For example, such credits could help fund projects like the proposed Great Koala National Park in New South Wales.

Henry’s speech drew on Graeme Samuel’s 2019–20 review of the EPBCA, which recommended:

• Cross-sector collaboration across government, industry, and the community.

• High-integrity scientific evidence to guide decision-making.

• Clear and enforceable national standards.

• An independent Environment Protection Authority.

• A natural capital market to support restoration and carbon storage.

Henry endorsed these recommendations, stressing that while approvals for renewable projects must be faster, they cannot come at a greater cost to nature. Henry also emphasised that reforming environmental laws could serve as a template for other complex reforms, such as fixing Australia’s tax system. With experience as Treasury secretary, chair of National Australia Bank, and author of the nation’s most significant tax reform white paper, he underscored that difficult reforms are possible when the political will exists.

Environment Minister Watt has acknowledged that the current laws are broken and has committed to delivering change. But Henry warned that delays only compound the challenge. “All of us have had our say. It is now up to parliament. Let’s just get this done,” he said.

If Australia is to build new homes while also tripling renewable energy capacity by 2030, reform cannot be delayed any longer.

Read Dr Phillipa McCormack’s full article in The Conversation here for her detailed analysis of Ken Henry’s speech and what it means for Australia’s future.