Nature Positive on the brink of collapse as legislation piles up ahead of Federal election

The Nature Positive plan is on the brink of collapse as negotiations to create a new nature watchdog stall with time running out before the next Federal election.

Environment Minister Tanya Plibersek is no closer to ending a months-long political deadlock and striking a deal to establish an independent federal EPA.

Labor is moving to prioritise other policies in the final sitting fortnight of 2024, including long-awaited political donation reforms.

With just five sitting weeks of both houses left before the Federal Election, assuming it isn’t called early, and a long backlog of legislation, the Federal Government’s hopes of delivering the key environmental promise it took to the 2022 vote are fading.

Business insiders believe the federal EPA bill — part of the wider Nature Positive plan — has been put on the backburner until after the election, due in May.

But industry remains on high alert to the possibility of Labor rushing through a deal with the Greens and crossbench as it did earlier this term on industrial relations.

The Nightly understands talks between Ms Plibersek and the Opposition and the Greens have barely progressed in the past six weeks, fuelling speculation across the aisle that Labor has effectively shelved the contentious proposal.

Shadow environment minister Jonno Duniam presented Ms Plibersek with a series of proposed amendments after the pair met on September 18, including reversing the so-called “water trigger”.

The Opposition has also been pushing for changes to the federal Aboriginal cultural heritage laws Ms Plibersek used to effectively torpedo the $1 billion McPhillamys gold mine.

Labor promised to overhaul the laws after the Juukan Gorge disaster but officials last week revealed at Senate estimates that the legislative drafting process had barely started.

Almost two months after Senator Duniam presented the amendments, Ms Plibersek is still yet to respond.

Speaking on the ABC, Senator Duniam said the “ball’s in the Government’s court” if it wanted to pass the legislation.

“It would be great to get good, solid, transparent and workable environmental laws in this country and the ball, as I say, is in their court,” he said.

“If they want them to pass this Parliament, they can do that.”

Labor is refusing to accept the Greens’ demands for some form of “climate trigger” and a crackdown on native forest logging, killing off the prospects of a deal between the two parties.

That leaves the Government without a path to pass the laws.

Speaking in Tasmania, Prime Minister Anthony Albanese said he wanted the legislation to pass.

“We want to see a position where we have sustainability front and centre, and protection of the environment across the board with assessments, but also more certainty for business,” he said.

Ms Plibersek’s office did not respond to requests for comment on the state of negotiations.

The Federal Government has a growing backlog of legislation it is yet to pass or even introduce as the election nears, including major aged care reforms, stalled housing bills, Future Made in Australia, social media age limit and gambling ad crackdown.

Special Minister of State Don Farrell is expected to introduce his long-promised political donations laws next week, with the hope of passing them within the sitting fortnight.

The laws would cap the amount candidates and parties can receive from individual donors, curbing the influence of billionaires such as Clive Palmer.

Campaign spending limits would also be imposed along with requirements to publicly disclose donations above $1000.

Senator Farrell’s goal of pushing the laws through in a fortnight is ambitious, particularly given the Opposition has yet to see the details let alone form a position.

Even if the laws are passed the new caps won’t take effect until the election scheduled for 2028.

Coalition sources believe the Government might attempt to “guillotine” — or gag — debate on several pieces to ram them through before Parliament rises on November 28 for the summer break.