Australia’s key environmental laws are failing to prevent environmental harm, with coal projects continuing to be approved, breaching conditions, and operating with little meaningful enforcement, according to Environmental Advocacy in Central Queensland (EnvA).
Both the federal Environment Protection and Biodiversity Conservation Act and Queensland’s Environmental Protection Act are designed to ensure rigorous project assessment and strike a balance between environmental, social and economic outcomes.
But EnvA says that balance is not being achieved.
“Projects are almost never refused, even when impacts are significant,” said EnvA Director Dr Coral Rowston.
“Each project is assessed in isolation, with very little regard for cumulative impacts -and that is where the real damage is occurring.”
EnvA points to the incremental loss of koala habitat and rising greenhouse gas emissions as key examples.
“A few hundred hectares of habitat loss might seem small on paper, and a few thousand tonnes of emissions might not trigger refusal – but taken together, these impacts are driving species decline and accelerating climate change impacts,” Dr Rowston said.
Companies are often allowed to offset impacts through biodiversity offsets or Australian Carbon Credit Units, but EnvA says these mechanisms are failing.
“These systems are not protecting our environment or stabilising the climate—they are allowing ongoing harm to continue.”
Weak compliance and enforcement
EnvA says the problem is compounded by poor compliance and enforcement.
“Even when projects breach approval conditions—or in some cases begin clearing without approval—there are rarely meaningful consequences,” Dr Rowston said.
“It’s incredibly frustrating to see illegal activity continue while investigations drag on, often ending in little more than minor penalties or changes to make the activity lawful after the fact.”
One example is Vitrinite’s Vulcan Complex, where clearing occurred outside approved areas and required biodiversity offsets were not secured within mandated timeframes.
EnvA reported further unauthorised activities linked to the project in 2024, triggering a federal criminal investigation.
“More than 18 months later, there has been no visible enforcement action, further clearing has occurred, and the company has now gone into administration,” Dr Rowston said.
“Something is wrong when governments can’t step in and stop illegal activity.”
Pattern of non-compliance
EnvA says the issue extends beyond individual cases, pointing to a broader pattern of non-compliance across coal projects.
Recent examples include:
- Meteor Downs South Coal Project – failed to implement key management plans, did not publish required documents, and failed to report non-compliance. The outcome was largely administrative, with conditions amended rather than enforced.
- German Creek Coal Extension – failed to implement an approved management strategy, resulting in changes to approval conditions rather than penalties.
- Vulcan Complex – failed to secure biodiversity offsets on time and cleared land outside approved areas, with no meaningful enforcement action taken.
“These are not minor administrative oversights—these are repeated failures to meet legally binding conditions,” Dr Rowston said.
“When the response is to simply change the rules after the fact, it undermines the integrity of the entire system.”
Coal mine water releases under pressure
Coal mine water releases are another growing concern, particularly in Central Queensland’s Fitzroy Basin.
More than 50 coal mines are permitted to discharge water under environmental authorities, but EnvA says the system is struggling to cope with changing conditions.
“The modelling underpinning water release rules is more than a decade old,” Dr Rowston said.
“Rainfall events are becoming more intense, and multiple mines are releasing at the same time.”
During heavy rainfall, the Queensland Government frequently issues Temporary Emissions Licences (TELs), allowing additional contaminated water to be released.
“At least 20 TELs were issued this wet season alone,” Dr Rowston said.
“This reliance on emergency approvals suggests the system is no longer fit for purpose.”
Call for reform
EnvA is calling for urgent reform to environmental laws to:
- properly assess cumulative impacts
- strengthen compliance and enforcement
- improve transparency
- ensure climate impacts are meaningfully considered
“Right now, we have a system that approves projects, allows breaches, and fails to deliver real environmental protection,” Dr Rowston said.
“That has real consequences for threatened species, our climate, and communities across Australia.”
EnvA - CQ 