Australia's new national environmental standards

"Former ACCC chair condemns proposed exemption allowing minister to approve projects that don’t comply with law. Samuel, who led a 2020 review of the Environment Protection and Biodiversity Conservation (EPBC) Act, also argued a loophole that effectively exempts native forest logging from the laws “shouldn’t be there”.

“Logging operations should be subject to the same rules as mining, agriculture, urban development and so on." >>
https://www.theguardian.com/environment/2025/nov/14/graeme-samuel-calls-for-labor-to-ditch-national-interest-workaround-for-environment-laws

The Environment Protection and Biodiversity Conservation Act (EPBC Act)
The problem of ministerial discretion and “national interest” exemptions. >>
https://mastodon.au/@Bellingen/115528660854362227

Authoritarianism—but make it look like the rule of law. >>
https://mastodon.au/@Bellingen/115528971744822369

#EPBCAct #biodiversity #NationalInterest #law #exemption #MinisterialDiscretion #FastTrackApprovals #VestedInterest #ParliamentaryScrutiny #EnvironmentalLaw #conservation #regulation #governance #democracy #NSWLogging #landclearing #DualState #lawlessness #authoritarianism #LawGuardrails #normalcy #EmergencyPowers #NationalInterest #legitimisation #exemption #constitution #state #governance #LoggingImpacts

Palantir's Success Without College - Alex Karp on Axios

#nationalinterest

Authoritarianism—but make it look like the rule of law.
Lawlessness dressed up as law.

" The ‘dual state’ framework explains how a dictator can exercise power while life appears mostly ordinary.

The court is adjusting the law to make place for arbitrary power.

In a dual state, the high “court’s role is in creating affordances within the law that operate as off switches for the law…

This is precisely why the dual state is so dangerous: It allows the would-be autocrat to consolidate power under the cloak of democracy and norms. "
>>
https://www.motherjones.com/politics/2025/10/dual-state-supreme-court/

The Dual State: A Contribution to the Theory of Dictatorship >>
https://en.wikipedia.org/wiki/The_Dual_State
#DualState #lawlessness #authoritarianism #LawGuardrails #normalcy #EmergencyPowers #NationalInterest #legitimisation #exemption #constitution #state #governance #VibeShift #democracy

The Environment Protection and Biodiversity Conservation Act (EPBC Act)
The problem of ministerial discretion and “national interest” exemptions.

" ‘Serious gaps’ in Labor’s environment laws undermine attempt to fix broken system, integrity experts say. Political integrity experts have raised concerns about Labor’s proposed new nature laws, including a contentious new “national interest” exemption...Despite the claims to a limited application, the centre holds grave concerns about the scope, transparency, and accountability of the exercise of the discretion. The centre’s report said it was “highly unusual” for an independent regulator to cede such “significant powers” to a minister." Environmental decision making is especially prone to capture by vested interests – that’s why integrity safeguards must be strong. "
>>
https://www.theguardian.com/australia-news/2025/nov/04/highly-unusual-exemption-in-labors-environment-laws-open-to-interference-integrity-experts-say

"Will Labor’s environment laws actually address Australia’s biodiversity crisis? Five reasons to be concerned. Experts say the proposed legislation is full of problems, including excessive ministerial discretion and relaxing like-for-like offset rules." >>
https://www.theguardian.com/australia-news/2025/nov/08/labor-environment-laws-australia-biodiversity-crisis-five-reasons-concerned

Biodiversity Conservation (EPBC) Act and excessive ministerial power
"In his 2020 review of the EPBC Act, Graeme Samuel, the former chief of the competition watchdog, said the “unfettered discretion” granted to ministers to interpret the laws was a major problem that had led to poor outcomes for Australia’s environment." >>
https://www.theguardian.com/australia-news/2025/nov/08/labor-environment-laws-australia-biodiversity-crisis-five-reasons-concerned
#EPBCAct #biodiversity #NationalInterest #exemption #MinisterialDiscretion #FastTrackApprovals #VestedInterest #ParliamentaryScrutiny #EnvironmentalLaw #conservation #regulation #governance #democracy