Greens MLA Shane Rattenbury says his agreement with the ACT Labor Party to form government will prevent proposed changes to planning laws from circumventingCommonwealth oversight of rare and valuable woodlands.
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The ACT Conservation Council disagrees and fears without that oversight, more bushland will be lost forever.
Up until now the Commonwealth has intervened in major environmental battles across Australia. Notable examples were saving the Franklin River from being dammed, mining on Fraser Island and dredging and oil drilling on the Great Barrier Reef.
In Canberra large tracts of bushland would have been bulldozed to make way for residential development if the Commonwealth had not intervened.
"For example, without the Environmental Protection and Biodiversity Conservation Act, the Stanhope Labor government would have likely proceeded with carving a road through endangered species habitat in the new Molonglo development," Mr Rattenbury said.
"Instead, after Commonwealth intervention, the road alignment was moved and the damage was reduced significantly."
Mr Rattenbury and conservationist agree on one thing – states and territories can't be trusted to look after their environment. They can be swayed by other interests, such as revenue from land sales, or pressure from developers, which is why Commonwealth oversight is needed on certain developments.
But the Legislative Assembly has agreed to a Planning and Development Amendment Bill that has provisions for a "one-stop shop" approach, allowing the ACT government to do approvals.
The change was initiated by the federal government to streamline approvals.
Mr Rattenbury told the Legislative Assembly recently that thanks to his agreement with the Labor Party to form government, every single proposal that involves a significant adverse environmental impact on a matter of national environmental significance must be referred to the Commonwealth.
"The Commonwealth minister has the final say on any approval, can veto a proposal, and cannot be overridden by the ACT planning authority or the ACT minister," Mr Rattenbury said.
The Conservation Council says that's not good enough.
Executive director Clare Henderson says even though a draft development approval must be forwarded to the Commonwealth, nothing in the amended laws requires the Commonwealth to consider the referral.
She says the ACT will still be the decision-maker.
"All [the amended legislation] provides is an optional capability for the Commonwealth to provide advice; however even this has considerable limitations."
Ms Henderson said a veto for the Commonwealth to intervene was in all draft bilateral approval agreements for state and territory jurisdictions. It was not unique to the ACT.
She says the Commonwealth Minister has only 10 working days to provide advice on a draft decision by the territory, which is inadequate.
Even if the federal minister did step in, they would be challenged.
"In the current climate they won't look at it, we know they won't look at it."
Conservationists say over the past 10 years the ACT has lost more than 300 hectares of critically endangered yellow-box red-gum woodlands to urban development. It is likely more bushland would have been lost if not for Commonwealth involvement.
