Fines of up to $780m or seven years jail on cards for enviro law breaches

Environment Minister Tanya Plibersek has unveiled the second stage in the fix for what she has previously described as Australia's "broken" environmental laws, announcing moves towards two new environmental statutory bodies and $100 million from the last budget update in October to speed up approval decisions on major projects.

The Albanese government's "Nature Positive Plan", a balance of environment and business concerns, is a long-awaited response to the Samuel Review into the Environment Protection and Biodiversity Conservation Act (EPBC) Act. The landmark environmental reforms were originally expected to be introduced into the Parliament before the end of 2023, they are now expected in the "coming weeks."

Under the EPBC Act, projects or developments such as mines, land clearing and forestry that might impact "animals, plants, habitats and places" of national significance require federal assessment and approval.

"Our government is doing more than ever to protect our country's natural treasures, native plants and animals, so Australians can continue to enjoy our lifestyle in the great outdoors," the Minister said in a statement.

"We're delivering stronger protections for the environment, including Australia's first ever independent national Environment Protection Agency.

"We're also working to support faster, clearer decisions for business. That greater certainty for business will help drive investment in nation-building projects."

Professor Graeme Samuel's independent review of the EPBC Act, released in October 2020, made 38 recommendations to fix and strengthen the laws he blasted as "ineffective", "outdated" and not fit for purpose.

The new bodies include a previously flagged independent watchdog, the Environment Protection Agency which will have an EPA chief with powers similar to the Australian Federal Police Commissioner, as well as Environment Information Australia to release data and report on progress.

There is also nearly $100 million, earmarked in last October's Mid Year Economic and Fiscal Outlook, to speed up environmental approval decisions.

Under the proposed legislation, to be released after the federal budget, the maximum fines will be brought into line with punishments for serious financial offences such as insider trading and market manipulation.

It is understood that courts could impose, for serious intentional breaches of federal environment law, fines of up to $780 million or send people to prison for up to seven years.

The legal fix has taken longer than expected as there has been, according to the minister, hundreds of hours of consultations with over 100 groups and over 2,000 individuals.

"When I first announced the Nature Positive Plan, I said it would take a bit of cooperation, compromise and common sense to deliver. That's exactly how we're approaching the rollout," Ms Plibersek said.

Earlier a new report, commissioned by Lock the Gate Alliance and written by Professor Kim Rubenstein and Associate Professor Joel Townsend, was released recommending giving groups and communities the right to challenge, on their merits, large projects approved under the EPBC Act.

Independent MP Kylea Tink told The Canberra Times there is "absolutely room" to challenge ministerial decisions in national environmental law reform, but she has rejected it would toward merits reviews will lead to drawn-out "green lawfare" in the courts.

"The argument that lawfare is the thing we need to be concerned about is a red herring. It's being used as a way to try and discourage this course of action," Ms Tink said.

"Better quality decisions are made because those making the decisions are forced to consider them on a broader scale far earlier in the decision making process."