Correspondence released under freedom of information shows the importance minister placed on agreement
The environment minister, Tanya Plibersek, heralded a deal brokered with the Greens and independent David Pocock to create a federal environment protection agency as “critical” before it was scuttled by Anthony Albanese, new documents reveal.
Correspondence released under freedom of information confirmed Plibersek reached a written agreement with the crossbench to amend the plan in exchange for its support less than 24 hours before the prime minister intervened amid pressure from miners and the Western Australian government.
The documents’ release comes ahead of what could be the final parliament sitting fortnight before the federal election, with the fate of Labor’s promised EPA up in the air.
The prime minister is facing a renewed push from some Labor backbenchers, the party’s grassroots environmental action group, LEAN, and the Australian Conservation Foundation to pass the laws, which were a 2022 election promise.
The EPA laws are listed for debate next Thursday, according to a draft Senate program.
The prime minister has said it was his “intention” to revisit the laws in February but stressed the government would not compromise on its “values”, indicating the watchdog would remain on the backburner unless the Greens or Coalition caved and supported Labor’s model without amendment.
Prior to the intervention, Plibersek had agreed to concessions to secure support from the Greens and Pocock for her signature bill.
The EPA forms part of Labor’s nature positive plan to overhaul federal environment protection laws.
The newly released FoI documents reveal Plibersek wrote to the Greens senator Sarah Hanson-Young on the night of Monday 25 November, and Pocock on the morning of Tuesday 26 November, confirming the terms of the agreement.
Details of the agreement are redacted in both letters, although Guardian Australia revealed at the time the Greens deal included a commitment to bring forward a framework for new national environmental standards that would apply to regional forestry agreements.
But one section of the letters – which was left unredacted – underlined the importance Plibersek placed on the deal.
“I believe that the bills with these amendments and with the commitments I have provided will be critical in establishing the institutions crucial to creating a nature positive Australia,” she said.
Albanese put a stop to the deal on the afternoon of Tuesday 26 November.
In a statement to Guardian Australia on Wednesday, Plibersek urged the Senate to support the EPA bill in its current form.
“We’re working to fix John Howard’s broken environment laws so they are better for nature, and better for business,” she said.
“The government currently has a bill before the Senate to establish Australia’s first federal environment protection agency, and I’d urge every Senator to vote for it.”
Labor sources are wary of pursuing the EPA amid fears of an industry-led backlash in WA, which is shaping as a key election battleground.
The WA premier, Roger Cook, on Wednesday reiterated his opposition to the EPA and rebuked his federal Labor colleagues for pushing to revive it.
“Do you think we will stand by idly and allow you to damage our economy, because ultimately it will damage your standard of living,” Cook – who has a state election in March – told Perth radio 6PR.
Pushing the EPA off the agenda risks alienating pro-environment Labor MPs and grassroots members, who have spent years campaigning for a federal nature watchdog.
The LEAN co-convener, Felicity Wade, said the legislation mattered “deeply to lots of Labor members”.
“We are very grateful that the prime minister is bringing the legislation back to parliament,” she said.
“This is a chance to pass the EPA, get environmental standards in place, while ensuring we address the concerns of last year by putting good process in place, that includes all stakeholders. It’s up to the crossbench to step up.”
Hanson-Young said there was “no prospect” of a deal unless Labor committed to a plan to end native forest logging.
“The Greens won’t sell out our forests or our wildlife. Labor has to have the guts to do what is right and stand up to the fossil fuel and logging lobby,” she told Guardian Australia.
The shadow environment minister, Jonno Duniam, said Albanese must abandon the laws.
“He [Albanese] has members of his own party voicing their support for nature positive, while he is trying to give a different message in WA,” he said.
“Tanya Plibersek and Anthony Albanese immediately need to come clean on their real intentions for these laws.”
