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What if nature had a voice in legislation? A ‘planetary parliament’ could give it one.

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Wednesday, September 11, 2024

The vision “We might have environmental protections, but those come from humans determining what’s good about an ecosystem. It might look a little different if you were to talk to a pod of pilot whales about what their needs are.” — writer and environmental philosopher Melanie Challenger The spotlight Imagine: You’re in parliament, getting ready to introduce a motion to tax greenhouse gas emissions at the global level and encourage the development of renewable energy. To your right, a fellow human lawmaker from the other side of the world nods in approval. But to your left? A koala glares at you; in Australia, the tax is expected to incentivize the clearing of eucalyptus groves — the koala’s habitat — for a major solar project! Next to the koala is a frangipani tree, and after the tree is a bend of the Murrumbidgee River. They’re on equal footing with you, since the policy will affect their interests as well as those of humans. Your motion is in danger — unless it can win the support of a majority of Earth’s living and nonliving constituents. This scenario is a caricature, of course; river bends and koalas aren’t going to be literally invited into parliament anytime soon. But it’s a caricature of a real proposal recently put forward by Planetary Democrats, a European legal association. According to the group, too many decisions are currently made from a purely human-centric perspective, without proper consideration for the natural entities they affect. They argue that a “planetary parliament” representing the interests of nonhuman plants, animals, and ecosystems could bring much-needed balance — and get at the root of problems, like environmental degradation and animal exploitation — ensuring that nature is valued on its own terms and not just for the benefits it brings humans. “These entities are affected by laws, and so they should be represented in the decision-making process,” said Anton Rüpke, the Planetary Democrats’ first chairperson. He said elements of nature deserve political representation by virtue of their existence, not because they have some special utility to humans. Rüpke’s thinking is rooted in a broader effort to recognize humans as just one part of the global ecosystem, with no inherent right to dominion over everything else. For example, within the “rights of nature” movement, many experts and environmental groups have advocated for the rights of nature to be enshrined in law. They’ve won a handful of big victories — Ecuador’s 2008 constitution, for example, recognizes Earth’s inherent right to “maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes,” independent of its utility to people. Other countries and subnational jurisdictions have enshrined nature’s rights through constitutional amendments and Supreme Court rulings. Underlying those victories, however, is a question of representation. Granting legal rights to something or someone is not a guarantee that those rights will be respected. Rivers, forests, and wildlife can’t speak for themselves; they need human surrogates in order to participate in human governance systems. Some jurisdictions have attempted to solve this problem by appointing specific legal guardians to nature, or by calling on the general population to bring lawsuits against those who violate nature’s rights. But for Rüpke, depending on the legal branch alone is a reactive approach — it puts nature on the defensive every time a threat arises, rather than empowering it to create laws that could stop threats from cropping up in the first place. “We need to have representation also in the executive and legislative branches of government,” Rüpke said. Enter the notion of a “planetary parliament,” the Planetary Democrats’ idea for a new, 400-member legislative body — potentially within the United Nations — to represent the interests of nonhuman nature. According to the group, this would lead to more democratic decision-making and better protections for all of nature, not just the parts that are most popular among humans (such as charismatic megafauna like whales and eagles). Here’s how it would work: 200 members of the parliament would be selected at random from the global population to represent the diverse interests of humanity. The remaining 200 representatives would be experts nominated by environmental groups to legislate on behalf of nonhuman animals, fungi, plants, and microorganisms, as well as nonliving entities — the atmosphere, the cryosphere (ice), the hydrosphere (water), and the lithosphere (rocks). If the planetary parliament were created within the U.N., it could be empowered to put forward legislative proposals and make decisions that would be binding under international law. Rüpke said this could include any number of policies to curb biodiversity loss, improve soil health, address plastic pollution — whatever the representatives deem to be the most pressing problems. Of course, existing governance bodies are already trying to tackle those problems. But they haven’t been very successful — at least not yet — and according to the Planetary Democrats, they lack the high degree of democratic legitimacy that would set apart a planetary parliament. “While current politicians are beholden to their human constituents, nature’s representatives would be beholden to the entire planet, representing different needs and requirements in a more balanced way,” the Planetary Democrats’ proposal says. It’s an out-of-the-box approach, and the Planetary Democrats acknowledge that new tools will have to be developed to overcome practical and epistemological challenges. For example, with no way to receive direct feedback from their nonhuman constituents, nature’s representatives would have to imagine new ways of evaluating their work. External accountability bodies might also have to develop ways to ensure that representatives act in nature’s best interests and don’t abuse their power. And there would have to be a protocol for when the interests of one part of nature clash with those of another. Pablo Magaña, a former postdoctoral researcher at NOVA University Lisbon and a board member for the Pompeu Fabra University Centre for Animal Ethics in Barcelona, said a strong, durable planetary parliament should be as inclusive as possible, with plenty of consultation and input from those outside the governance body. “If all stakeholders aren’t included, it’s more vulnerable, more likely to fail,” he said. Rüpke suggested that members could take regular excursions to endangered ecosystems while in office, in order to feel more connected to the entities they would be representing. For now, the idea of giving nature political representation might seem far-off. But then again, this is how it often is with social progress — it was once seen as a “grave social experiment” to allow women to vote — and smaller-scale experiments around the world are giving advocates hope. Several jurisdictions, including Germany, Malta, Spain, and New York City, have appointed animal welfare commissioners or offices, tasked with representing the interests of pets and wildlife. New Zealand has a commissioner for the environment, and Wales has one charged with representing the interests of future generations of humans, who, like nonhuman parts of nature, cannot advocate for themselves. “What we’re seeing is the green shoots in the garden of experimentation,” said Melanie Challenger, deputy co-chair for the Nuffield Council on Bioethics and vice president of the Royal Society for the Prevention of Cruelty to Animals in the U.K. While some of these experiments might not work out, she added, they’re still driving the conversation forward. “Every group that is proposing something is adding something of value,” Challenger said. “Even those proposals that need to change.” — Joseph Winters More exposure Read: more about the rights of nature movement, and new tactics that advocates are employing (The Guardian) Read: about the efforts of Indigenous advocates to fight extractive projects and industries on behalf of salmon and wild rice (Grist) Read: about an effort in Utah to ban “legal personhood” for natural entities, including the Great Salt Lake (Inside Climate News) Watch: a short documentary on Ecuador’s biodiversity, and the movement that made it the first and only country to enshrine the rights of nature in its constitution (Nature on PBS) A parting shot These (kind of inexplicably wacky) images, created by Planetary Democrats using artificial intelligence, show a visualization of the ethos behind the proposal. In two of them, a cloud and a koala speak in parliament, surrounded by plants. In others, for some reason, a clump of algae rides public transit and a swirl of ocean water hangs out in a studio. IMAGE CREDITS Vision: Grist Parting shot: Grist / Courtesy of Planetary Democrats This story was originally published by Grist with the headline What if nature had a voice in legislation? A ‘planetary parliament’ could give it one. on Sep 11, 2024.

The Planetary Democrats, a European legal association, wants to create a global parliament that would represent the interests of the nonhuman world.

Illustration of gavel with leafy vine wrapped around it

The vision

“We might have environmental protections, but those come from humans determining what’s good about an ecosystem. It might look a little different if you were to talk to a pod of pilot whales about what their needs are.”

— writer and environmental philosopher Melanie Challenger

The spotlight

Imagine: You’re in parliament, getting ready to introduce a motion to tax greenhouse gas emissions at the global level and encourage the development of renewable energy. To your right, a fellow human lawmaker from the other side of the world nods in approval. But to your left? A koala glares at you; in Australia, the tax is expected to incentivize the clearing of eucalyptus groves — the koala’s habitat — for a major solar project!

Next to the koala is a frangipani tree, and after the tree is a bend of the Murrumbidgee River. They’re on equal footing with you, since the policy will affect their interests as well as those of humans. Your motion is in danger — unless it can win the support of a majority of Earth’s living and nonliving constituents.

This scenario is a caricature, of course; river bends and koalas aren’t going to be literally invited into parliament anytime soon. But it’s a caricature of a real proposal recently put forward by Planetary Democrats, a European legal association. According to the group, too many decisions are currently made from a purely human-centric perspective, without proper consideration for the natural entities they affect. They argue that a “planetary parliament” representing the interests of nonhuman plants, animals, and ecosystems could bring much-needed balance — and get at the root of problems, like environmental degradation and animal exploitation — ensuring that nature is valued on its own terms and not just for the benefits it brings humans.

“These entities are affected by laws, and so they should be represented in the decision-making process,” said Anton Rüpke, the Planetary Democrats’ first chairperson. He said elements of nature deserve political representation by virtue of their existence, not because they have some special utility to humans.

Rüpke’s thinking is rooted in a broader effort to recognize humans as just one part of the global ecosystem, with no inherent right to dominion over everything else. For example, within the “rights of nature” movement, many experts and environmental groups have advocated for the rights of nature to be enshrined in law.

They’ve won a handful of big victories — Ecuador’s 2008 constitution, for example, recognizes Earth’s inherent right to “maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes,” independent of its utility to people. Other countries and subnational jurisdictions have enshrined nature’s rights through constitutional amendments and Supreme Court rulings.

Underlying those victories, however, is a question of representation. Granting legal rights to something or someone is not a guarantee that those rights will be respected. Rivers, forests, and wildlife can’t speak for themselves; they need human surrogates in order to participate in human governance systems. Some jurisdictions have attempted to solve this problem by appointing specific legal guardians to nature, or by calling on the general population to bring lawsuits against those who violate nature’s rights.

But for Rüpke, depending on the legal branch alone is a reactive approach — it puts nature on the defensive every time a threat arises, rather than empowering it to create laws that could stop threats from cropping up in the first place.

“We need to have representation also in the executive and legislative branches of government,” Rüpke said.

Enter the notion of a “planetary parliament,” the Planetary Democrats’ idea for a new, 400-member legislative body — potentially within the United Nations — to represent the interests of nonhuman nature. According to the group, this would lead to more democratic decision-making and better protections for all of nature, not just the parts that are most popular among humans (such as charismatic megafauna like whales and eagles).

Here’s how it would work: 200 members of the parliament would be selected at random from the global population to represent the diverse interests of humanity. The remaining 200 representatives would be experts nominated by environmental groups to legislate on behalf of nonhuman animals, fungi, plants, and microorganisms, as well as nonliving entities — the atmosphere, the cryosphere (ice), the hydrosphere (water), and the lithosphere (rocks). If the planetary parliament were created within the U.N., it could be empowered to put forward legislative proposals and make decisions that would be binding under international law.

Rüpke said this could include any number of policies to curb biodiversity loss, improve soil health, address plastic pollution — whatever the representatives deem to be the most pressing problems. Of course, existing governance bodies are already trying to tackle those problems. But they haven’t been very successful — at least not yet — and according to the Planetary Democrats, they lack the high degree of democratic legitimacy that would set apart a planetary parliament.

“While current politicians are beholden to their human constituents, nature’s representatives would be beholden to the entire planet, representing different needs and requirements in a more balanced way,” the Planetary Democrats’ proposal says.

It’s an out-of-the-box approach, and the Planetary Democrats acknowledge that new tools will have to be developed to overcome practical and epistemological challenges. For example, with no way to receive direct feedback from their nonhuman constituents, nature’s representatives would have to imagine new ways of evaluating their work. External accountability bodies might also have to develop ways to ensure that representatives act in nature’s best interests and don’t abuse their power. And there would have to be a protocol for when the interests of one part of nature clash with those of another.

Pablo Magaña, a former postdoctoral researcher at NOVA University Lisbon and a board member for the Pompeu Fabra University Centre for Animal Ethics in Barcelona, said a strong, durable planetary parliament should be as inclusive as possible, with plenty of consultation and input from those outside the governance body. “If all stakeholders aren’t included, it’s more vulnerable, more likely to fail,” he said. Rüpke suggested that members could take regular excursions to endangered ecosystems while in office, in order to feel more connected to the entities they would be representing.

For now, the idea of giving nature political representation might seem far-off. But then again, this is how it often is with social progress — it was once seen as a “grave social experiment” to allow women to vote — and smaller-scale experiments around the world are giving advocates hope. Several jurisdictions, including Germany, Malta, Spain, and New York City, have appointed animal welfare commissioners or offices, tasked with representing the interests of pets and wildlife. New Zealand has a commissioner for the environment, and Wales has one charged with representing the interests of future generations of humans, who, like nonhuman parts of nature, cannot advocate for themselves.

“What we’re seeing is the green shoots in the garden of experimentation,” said Melanie Challenger, deputy co-chair for the Nuffield Council on Bioethics and vice president of the Royal Society for the Prevention of Cruelty to Animals in the U.K. While some of these experiments might not work out, she added, they’re still driving the conversation forward.

“Every group that is proposing something is adding something of value,” Challenger said. “Even those proposals that need to change.”

— Joseph Winters

More exposure

A parting shot

These (kind of inexplicably wacky) images, created by Planetary Democrats using artificial intelligence, show a visualization of the ethos behind the proposal. In two of them, a cloud and a koala speak in parliament, surrounded by plants. In others, for some reason, a clump of algae rides public transit and a swirl of ocean water hangs out in a studio.

A collage of four AI-generated images shows a cloud hovering over a podium in a parliament building, a koala standing at a similar podium, a big blob of green algae sitting on a train bench, and a circular wave of ocean water in an indoor studio.

IMAGE CREDITS

Vision: Grist

Parting shot: Grist / Courtesy of Planetary Democrats

This story was originally published by Grist with the headline What if nature had a voice in legislation? A ‘planetary parliament’ could give it one. on Sep 11, 2024.

Read the full story here.
Photos courtesy of

Where’s nature positive? Australia must ensure environment reforms work to restore what’s been lost

Australia is among many countries working to protect and restore nature at scale. But long-awaited environmental law reforms won’t help much as they stand.

Kai Wing Yiu/GettyFor decades, conservation was focused on stemming how much nature was being lost. But a new era of nature positive environmental policy is taking hold worldwide, shifting from preventing further harm to restoring what’s been lost. In 2022, almost 200 countries signed up to the goal of 30 by 30 – restoring 30% of lands and seas by 2030. Globally, the goal is to restore an area almost the size of India. Australia is working towards this international goal of increasing protection and restoring the highest priority areas under its Strategy for Nature. Over the last two centuries, Australia has already lost much biodiversity. Laws should play a key role in protecting and restoring nature. But Australia’s national Environment Protection and Biodiversity Conservation Act is not currently fit for purpose. The 2020 Samuel Review concluded the existing laws do not “facilitate the maintenance or restoration of the environment”. In 2022, the Australian government promised to reverse the decline of nature with new nature positive laws which would repair ecosystems and help species recover. Shortly afterwards, parliament created a national Nature Repair Market to provide incentives for land managers to restore degraded ecosystems. After a failed attempt at reform last year, the federal government last week announced its long-awaited broader reform package. In introducing the bill, Environment Minister Murray Watt said the laws would enable “stronger environmental protection and restoration”. Will these reforms be a game changer for restoration? It’s not so clear. Protecting habitat isn’t enough – restoration will be essential to stop the decline of nature. Adam Campbell/Flickr, CC BY-NC-ND What would the proposed laws do for restoration? Labor’s reform bills run to over 550 pages. This level of complexity means it’s hard to give a definitive answer on what the reforms would do for restoration. At this stage, it appears that while the package contains long-awaited reforms, it falls short on ecosystem restoration. The cornerstone of the reforms will be a new power for the Environment Minister to create National Environmental Standards, as called for in the Samuel Review. Once in place, they would work by requiring environment approvals not to be inconsistent with any standard. These standards have been watered down somewhat. The Samuel Review recommended binding national standards which would outline clear requirements for protecting endangered species and other nationally significant matters. Under the current reforms, the minister is not obliged to make any standards and environment approvals need only be “not inconsistent” with them. The reform package continues Australia’s reliance on environmental offsets – the practice of allowing developers to destroy habitat in one place by “compensating” for it by restoring habitat elsewhere. The text of the draft bills suggests a developer must compensate for any long-lasting significant impact through offsets or paying a restoration contribution. The goal is to have a net gain for nature. This sounds promising, but the concept of “net gain” is unclear and the focus on offsets still assumes the loss of nature somewhere. A better option would be if developers were legally required to explore ways to avoid or mitigate environmental damage first before relying on offsets. While the minister must “consider” this hierarchy of options in making decisions, they’re not actually obliged to apply it. Overall, this is disappointing. Rather than creating new incentives for restoration at a landscape scale, restoration work will instead be linked to the traditional legal model of approval for specific, environmentally degrading projects through the use of offsets and restoration elsewhere. The new “restoration contributions” scheme is even more troubling. It would allow developers to contribute to an offset fund rather than undertake the work themselves. This would be a shortcut, allowing developers to pay for environmental destruction. Offsets should only be used where habitat can genuinely be replaced. But as they stand, these reforms don’t require assessment of whether offsets are even feasible for a particular project. Biodiversity offsets have also been thoroughly criticised for their failure to prevent loss of nature, let alone generate nature positive outcomes. The reforms would also allow biodiversity certificates issued under the Nature Repair Market to serve as offsets, despite the government ruling this out in 2023. Linking the nature repair market to offsets may divert investment away from some types of restoration projects. It diminishes the net gain from voluntary restoration when the results merely compensate for a loss elsewhere. Planning across landscapes To boost ecological restoration, the Samuel Review recommended better planning at the national and regional scale. Taking a zoomed-out view would help environmental planners connect habitat, safeguard climate refuges and protect critical habitat on a landscape scale. These new reforms seem to be a step forward on this front. The minister, though, would retain a power to make bioregional plans at their discretion. If plans are made under the environment laws, they should specify zones for development and areas where restoration will be undertaken. It’s heartening to see restoration included in these plans. The problem is, restoration is still tied to land-degrading activities such as mining or land clearing. That is, it’s done as a response to new damage caused to the environment, not to repair already degraded landscapes. Landscape-scale planning will be essential in arresting nature’s decline. Ant Le Breton/Flickr, CC BY-NC-ND Time for a new model What’s missing from the proposed reforms is a positive agenda to address Australia’s deep historic losses of nature. As the draft laws are debated in parliament, the best outcome would be if clear measures to actually restore nature at landscape-scale and to do it actively, rather than as a response to development damage. An excellent example Australia could look to is the European Union’s Nature Restoration Law adopted last year. It sets ambitious targets to restore the EU’s heavily degraded ecosystems: 30% by 2030, 90% by 2050. The targets would help restore biodiversity while combating climate change and boosting nature-based adaptation. Under the law, EU states must prepare their own national restoration plans. Prototype ecosystem restoration laws are also being developed by the international Society for Ecological Restoration. After decades of decline and species loss, Australians deserve environment laws which genuinely protect and restore unique wildlife and ecosystems. The government’s proposed reforms have promise. But they don’t yet make restoration the national priority it must be. Emille Boulot receives funding from the Society for Ecological Restoration. She is affiliated with the Australian Environment Review and the Tasmanian National Parks Association. Jan McDonald receives funding from the Australian Research Council, is a Director of the Tasmanian Land Conservancy and a member of the Department of Environment, Climate Change, Energy and Water's Biodiversity Assessment Expert Reference Group.

Shein bans sex dolls after outcry in France over ‘childlike’ appearance

France had threatened to bar the fast-fashion retailer after an investigation found that sex dolls resembling children were being sold on Shein’s platform.

Shein on Monday banned all sales of sex dolls on its site after France threatened to bar the Chinese-founded fast-fashion online retailer from operating there, citing the result of an investigation that found that sex dolls resembling children were being sold on Shein’s platform.France’s office for consumer affairs, competition policy and fraud control said last week that it had referred Shein to the country’s public prosecutor after discovering that sex dolls with a “childlike” appearance were available on the company’s website. “Their description and categorization on the site leave little doubt as to the child pornography nature of the content,” the office said in a statement.Roland Lescure, France’s finance minister, said Monday on social media that he would call for the Shein platform to be banned in France if there were any further sales of such dolls. The company is set to open its first brick-and-mortar store in France this week.Sarah El Haïry, France’s high commissioner for children, called the products a serious threat to children.In response, Shein said in a statement that it had banned the sale of all sex dolls and temporarily removed all adult products while it conducted a review. Besides selling its own products, Shein operates an e-commerce platform for other sellers.“While each seller is responsible for their own listings, SHEIN does not tolerate any breach of marketplace rules and policies,” the statement said. It added that it would cooperate with any investigations.Executive Chairman Donald Tang said in the statement that “the fight against child exploitation is non-negotiable” for the company. “These were marketplace listings from third-party sellers — but I take this personally,” he added.The French consumer affairs office also said Monday in a separate statement that it had expanded its investigation to Chinese-based online retail platform AliExpress — through which it said childlike sex dolls were also available for sale — and had also referred the matter to France’s public prosecutor.Alibaba Group, AliExpress’s parent company, said in an email that the listings are prohibited under its rules and were removed as soon as the company became aware of them. “As a third-party marketplace, we require all sellers to comply with applicable laws and our platform policies,” it said.Shein, known for its huge inventory of fast-fashion products, is set to open its first physical store Wednesday in Paris, an announcement that ruffled feathers in the couture capital of the world. It plans to open stores in six locations throughout France owned by the SGM Group, including landmark Paris department store BHV Marais, according to Reuters.Paris Mayor Anne Hidalgo last month expressed concern about the upcoming store, saying in a social media post that it was “contrary to the environmental and social ambitions of Paris, which supports responsible and sustainable local commerce.”The brand had already faced union-led protests last month over its plan to open an outlet at BHV Marais, where there were more protests this week by children’s rights advocates over the sex dolls.Frédéric Merlin, president of the SGM Group, said on social media that the sex dolls for sale on Shein were unacceptable. He added that only goods produced directly by Shein would be sold at the physical stores, rather than items from third-party sellers.Leo Sands contributed to this report.

Australia must put politics aside and pass nature laws that benefit the economy and the environment. We owe it to our kids | Zoe Daniel

There’s no such thing as a perfect legislative solution. It’s about finding one that’s workable – for the community, for the economy and for natureVictoria’s Healesville Sanctuary is helping to protect and restore the critically endangered orange-bellied parrot which is predicted to be extinct within five years.With only 50 known to be left in the wild, a major breeding program aims to release up to 20 pairs of the migratory birds annually.Sign up for a weekly email featuring our best reads Continue reading...

Victoria’s Healesville Sanctuary is helping to protect and restore the critically endangered orange-bellied parrot which is predicted to be extinct within five years.With only 50 known to be left in the wild, a major breeding program aims to release up to 20 pairs of the migratory birds annually.It’s just one of several threatened species programs supported by the sanctuary near Melbourne, which attracts about 400,000 people every year – many of them schoolchildren – who visit to learn about and experience nature.It’s a case study that the author of the 2021 review into the Environment Protection and Biodiversity Conservation Act, Graeme Samuel, keeps front of mind.Because the “pure politics” of the debate, he says, obscures what the conversation is about – nature – and its intrinsic value to our communities.And it’s not about environment or economy. It’s both.The EPBC Act, the latest iteration of which has just hit the federal parliament, touches on everything from “productivity to renewable energy, mining, nature and climate goals, the housing crisis, cultural heritage, and resources and energy security”.It’s a big moment, or it could be.As former Treasury secretary Ken Henry has said, with “glistening ambition” Australia can “build an efficient, jobs-rich, globally competitive, high-productivity, low-emissions nature-rich economy”.But if you want to see a case study of politics in action, look no further than nature law reform, or the lack of it.The last significant federal reform in this space happened under the Howard government a full quarter of a century ago.That version of the act is undeniably no longer fit for purpose in the face of massive loss of plants and animals and historically significant technological and industrial change.Successive reports have detailed catastrophic loss of species that is “ongoing and accelerating”. Meanwhile, business describes cumbersome environmental regulation as “the new enemy of progress”.“Without faster project approvals we will never meet our net zero ambitions, for instance,” says Bran Black, the CEO of the Business Council of Australia.It’s threading those two needles simultaneously that has been the problem.And inevitably, that has led to a long-running game of political point-scoring.It’s a fine playing field but there are no winners.It will be five years in January since Samuel delivered his review of the act, commissioned by then environment minister Sussan Ley under the Morrison government.At the time, she indicated qualified acceptance of the review recommendations, and released a pathway for reform which didn’t progress due to the 2022 change of government.Coming in with high expectations from those who care about the natural environment, the Albanese government subsequently released its ill-fated “nature positive plan”, also based on Samuel’s report. That legislative package was shelved before the 2025 election, in a definitive broken promise by Labor following pressure from business interests in Western Australia.Now it’s a question of whether Labor, the Coalition and the Greens can come up with a compromise to deliver what Samuel describes as a “massive leap forward for nature”, and for our children, grandchildren and great-grandchildren.Instead of outright rejecting the legislation or seeking to delay progress by breaking it into separate bills which she opposed during the last parliament, Ley could take the package as a win.She started it, after all.And the Greens, always looking for the moral high ground, will need to apply some cost-benefit analysis to opposing a bill that’s undoubtedly a vast improvement on what currently exists after a five-year process.I hate to say it, but 80% is probably about as good as it’s going to get.The absence of an explicit climate trigger is problematic, however new national environmental standards would require development proposals to explicitly consider climate impact.Provisions around offsets have been tightened so they can’t be used unless every attempt has been made to mitigate or avoid damage to nature. Meanwhile, the bill enables more certainty for business for more efficient and effective decision-making.All of these things warrant careful analysis to make sure they’re as watertight as they can be. Crossbenchers are rightly critical of being landed with a 1,500-page bill this week for a likely House vote next week.It has been five years; the government should at least allow time and scope for constructive amendments that make the law better.And the minister should have to convince the Australian people – not just other parliamentarians – that the “national interest” provision not only won’t but can’t be misused to give the green light to nature-wrecking projects, or indeed, the other way around.Former industry minister Ed Husic is right to flag that ministerial discretion to override decisions could be a back door to open-slather development in the hands of a future government.Another Juukan Gorge, anyone?“We’ll do the right thing,” won’t wash in the Trump era.There’s no such thing as a perfect legislative solution. It’s about finding one that’s workable – for the community, for the economy and for nature.And, as Samuel rightly says, for our kids.

Nature groups rebuke Reeves for ‘cynical’ 11th-hour planning bill changes

Chancellor accused of removing environmental protections to win short-term growth and save her budgetUK politics live – latest updatesLast-minute changes to the government’s landmark planning bill have sparked a furious backlash from nature groups who have mounted an attack on the chancellor, Rachel Reeves, over her plans to remove environmental protections.The changes to the legislation come as it enters its final stages before being signed into law. Continue reading...

Last-minute changes to the government’s landmark planning bill have sparked a furious backlash from nature groups who have mounted an attack on the chancellor, Rachel Reeves, over her plans to remove environmental protections.The changes to the legislation come as it enters its final stages before being signed into law.Promoted by Reeves, they are designed to make it easier for developers to side-step environmental laws in order to build major projects such as AI datacentres.They include new powers for the government to overrule local democracy if councils refuse developments based on environmental grounds, or on issues such as water shortages.But in outspoken attacks on the chancellor, charities including household names such as the RSPB and Wildlife Trusts say Reeves is seeking to grab short-term growth headlines to save her budget, rather than well-thought-out reforms to planning.Reeves is pushing for the planning bill to be passed before her budget on 26 November so that she is able to factor it into forecasts by the Office for Budget Responsibility (OBR), which could give her about £3bn extra breathing room against her own debt rules.The charities have spent months working with ministers in an attempt to forge the best planning bill to ensure growth and nature recovery go hand in hand.Dr James Robinson, the RSPB’s chief operating officer, said: “Dropping 67 amendments to the planning bill at the 11th hour isn’t just poor process, it’s legislative chaos. There’s no time for proper scrutiny, no clarity on the cumulative impact, and no confidence this is about good planning rather than political optics.“It looks like a cynical attempt to game a better forecast from the OBR, rather than a serious effort to fix the planning system.”The intervention by Reeves into the landmark bill comes after she was filmed boasting about her closeness to a major developer after she intervened to lift legal blocks to their housing plans.The objections to 21,000 homes being built in Sussex concerned water shortages and concerns over the amount of water being taken from rivers and wetlands in the Arun Valley, which risked affecting protected wildlife and local water resources. The MP for Horsham, John Milne has criticised the chancellor’s intervention, stating that it was top-down government at its worst.“This decision rides roughshod over the work that Horsham district council has been carrying out to find a balanced solution.”One amendment promoted by Reeves would allow more central government intervention in local decision making. It allows the secretary of state to overrule councils that refuse permission for projects, even if they have legitimate concerns on environmental grounds, or there are issues relating to water shortages.The amendment is designed to ease the path of major infrastructure projects, for example AI datacentres, which create vast amounts of CO2 and put huge pressure on water resources.Alexa Culver, an environmental lawyer from RSK Wilding, said: “For the first time, the secretary of state will be able to make orders that prevent refusals of planning permission by planning authorities.“This could direct authorities to ignore real-world infastructure and environmental constraints – like water shortages – to allow harmful development through that leaves local communities stranded.”Joan Edwards, director of policy and public affairs at the Wildlife Trusts, said Reeves was trying to grab headlines about growth measures before her budget.“The chancellor continues to fail to understand that a healthy natural environment underpins a healthy economy. These performative amendments represent neither a win for development or the economy, and promise only delay and muddle in planning and marine policy.”Richard Benwell, CEO of Wildlife and Countryside Link, said the government’s race to speed up planning decisions would fall flat on its face if it did not include the environment at its core.“Last-minute changes to the bill are being made in a hurried and piecemeal approach,” he said. “This kind of scattergun policymaking doesn’t give businesses or investors the certainty they need to drive growth, and it puts the UK’s irreplaceable natural environment at risk.”Government officials have said the amendments were required in part because an earlier watering down of the bill in the summer damaged investor confidence. However, no data has been provided to back this claim.The government said if passed, each of these “pro-growth changes” would accelerate the government’s “plan for change” to build 1.5m homes, achieve clean power by 2030 and raise living standards across the country.Steve Reed, the housing secretary, said: “Britain’s potential has been shackled by governments unwilling to overhaul the stubborn planning system that has erected barriers to building at every turn. It is simply not true that nature has to lose for economic growth to succeed.“Sluggish planning has real-world consequences. Every new house blocked deprives a family of a home. Every infrastructure project that gets delayed blocks someone from a much-needed job. This will now end.”

The Guardian view on Labour targeting nature: the problem isn’t snails, but a broken housing model | Editorial

Rachel Reeves’s drive to speed up development is beginning to treat wildlife and the environment as expendable. Voters want homes built, but not at any costIt began with gastropods. Last Tuesday, the chancellor, Rachel Reeves, told a conference of tech executives that she’d intervened to help a developer build about 20,000 homes in north Sussex that had been held up, she said, by “some snails … a protected species or something”. She added that they “are microscopic … you cannot even see” them.No one could miss the direction the chancellor was headed in. The snail in question, the lesser whirlpool ramshorn, is one of Britain’s rarest freshwater creatures, found in only a handful of locations and highly sensitive to sewage pollution. But Ms Reeves portrayed it as a bureaucratic nuisance. She then bragged that she’d fixed it – after a friendly developer gave her a call. It’s a bad look for a Labour politician, let alone the chancellor, to boast that green rules can be bent for chums. Continue reading...

It began with gastropods. Last Tuesday, the chancellor, Rachel Reeves, told a conference of tech executives that she’d intervened to help a developer build about 20,000 homes in north Sussex that had been held up, she said, by “some snails … a protected species or something”. She added that they “are microscopic … you cannot even see” them.No one could miss the direction the chancellor was headed in. The snail in question, the lesser whirlpool ramshorn, is one of Britain’s rarest freshwater creatures, found in only a handful of locations and highly sensitive to sewage pollution. But Ms Reeves portrayed it as a bureaucratic nuisance. She then bragged that she’d fixed it – after a friendly developer gave her a call. It’s a bad look for a Labour politician, let alone the chancellor, to boast that green rules can be bent for chums.The scheme was given the go-ahead a day before drought was declared in Sussex, potentially giving water companies cover to breach their licence obligations – including measures meant to protect the snails. Ms Reeves won’t like being compared to Liz Truss, but the analogy works. Three years ago, Ms Truss railed against an “anti-growth coalition” of environmentalists, lawyers and regulators who, she claimed, were blocking Britain’s path to prosperity. Ms Reeves is framing the issue the same way: growth is the priority, nature the obstacle.But the public don’t agree. Luke Tryl of More in Common told a Conservative conference fringe meeting that most Britons can’t be categorised as “nimby” or “yimby”. They want both: to build and also to protect the countryside. However, when asked whether wildlife should be protected even if it delays or raises the cost of infrastructure, every single voter group – including Labour, Conservative and Reform UK – chose wildlife. Among the general public, 62% prioritised nature protection while 18% sided with building at any cost.The Treasury reportedly plans to gut green rules with amendments to its planning and infrastructure bill – ditching the precautionary principle, slashing species protections and curbing legal challenges. The bill, currently in the Lords, already allows developers to bypass environmental obligations by paying into a fund to offset damage elsewhere. Under its “environmental delivery plans”, ministers could disapply environmental protections in exchange for vague promises of ecological improvement within 10 years.Labour, significantly, is turning its back on the work of the Dasgupta review. This argues that nature is not a constraint on growth but its foundation, a form of capital on which the economy depends. Labour is not only rejecting that view but deluding itself by claiming housebuilding will be accelerated by dismissing concerns around conservation. The Wildlife Trusts points out that more than a million homes already have planning permission since 2015, but remain unbuilt. The real barriers to housebuilding are skills shortages, hoarded land and slow delivery. They need sorting out. Blaming snails, it would seem, is easier.Many of Labour’s younger voters are already tempted by the Green party, which combines environmentalism and leftwing economics. Now, by mocking green protections and cosying up to developers, the chancellor is giving these voters more reasons to jump ship. The problem isn’t the planning system. It’s a broken, profit-driven housing model that banks land and starves supply. Scrapping nature protections won’t build 1.5m homes, it will just bulldoze public trust and the countryside.

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