“The political class continues to wage war on our most valuable industries, with the federal government and opposition to increase regulatory burden with yet more red tape, to the detriment of Australian jobs and our sovereign capability,” said Saxon Davidson, Research Fellow at the Institute of Public Affairs.
This week the House of Representatives will debate the High Seas Biodiversity Bill 2026, after the Senate debated it last week. The bill seeks to embed the United Nations’ High Seas Treaty into federal law. While claiming to protect ocean and marine areas outside of any sovereign control, the bill is actually a trojan horse to increase red tape on Australia’s primary industries.
“The High Seas Treaty has opened the door for governments to regulate industries in ‘Australian jurisdiction’ on the basis these activities could have flow-on effect in international waters.”
The bill’s definition of “Australian jurisdiction” is wide ranging and will likely capture operations that are not in the ocean at all.
It is defined as ‘the land, waters, seabed, subsoil and airspace in, under or above Australia; or the land, waters, seabed and subsoil in or under the exclusive economic zone of Australia; or the seabed and subsoil of the continental shelf of Australia’.
Part 4 of the Albanese government’s bill introduces yet another assessment process project proponents will have to jump over should it be determined that a proposed project in Australian jurisdiction poses a risk to a marine environment thousands of kilometres away.
“It is clear these laws will be weaponised by brazen green activists, who in the past have hijacked existing green laws to hold up projects in the courts.” Mr Davidson said.
“In 2022, the Australian Conservation Foundation launched a legal challenge to the Scarborough gas project, arguing its impact on the Great Barrier Reef was unacceptable given its projected emissions. The Scarborough gas project is located 375 km off the Pilbara coast of Western Australia, approximately 3,000 km away from the Great Barrier Reef,”
“Given Australia’s radical green activists already believe, and have for years, that job-creating projects should be cancelled because of potential impact an entire continent away, this bill is a godsend to them, and yet another blow to our invaluable resources sector.”
Last week shadow environment minister, Senator Andrew Bragg, said in parliament that “We [the Coalition] acknowledge the work of the government in bringing this bill forward. We will be looking to support this on a bipartisan basis.” This was followed by Angie Bell MP, who affirmed this support in the House of Representatives.
“It is so disappointing that the Opposition failed to meet the moment and demand this increase in red tape be removed.”
“IPA research has made clear that red tape is at a record high, and this bill will only add to the growing regulatory burden placed on private enterprise by Australian governments.” “This bill is a covert attack on our resources industry and gives more power to green activists to cancel jobs and investment in our economy,” Mr Davidson said.
