Environment protections have gone backwards: a case study in industry-specific reforms that undermine regulatory effectiveness and adaptation

Immediately prior to the 2025 Australian election, the Federal Government forced amendments to the Environment Protection and Biodiversity Act 1999 (Cth) through the Parliament. These amendments were passed ostensibly to protect the salmon farming industry in Macquarie Harbour, Tasmania, but risk catastrophic impact on the endangered Maugean Skate. In this article, we undertake a legal analysis to explain the context and content of these amendments and their effect within the Act’s environmental impact assessment process more broadly. We analyse all referral decisions from 2011 to 2020, building a body of evidence that demonstrates the broad and perverse reach of what was announced as a salmon farming-specific amendment. We also explore why this amendment is at odds with the purpose and scheme of the legislation and also at odds with adaptive management principles that could otherwise promote learning and improvement in regulatory effectiveness over time. We conclude with a call to the Australian Government – and other governments undertaking environmental law reform – to avoid case-by-case, industry-specific carveouts. To be effective, environmental law reforms must instead take a long-term, holistic view of the value and vulnerability of Australia’s rich landscapes and seascapes.