David Pocock keen for 'climate trigger' in law overhaul, Minerals Council calls new EPA 'unaccountable'

The key crossbencher's initial reading of the Government's response to the Samuel Review comes as the Coalition and the Mining Council of Australia criticised plans to extend the powers of a national Environment Protection Agency as providing uncertainty for business which may slow investment.

The plan shifts decision making from politicians to the new EPA with a statutory appointed chair. The Shadow Environmental Minister Jonno Duniam has described the new authority as being "unaccountable" and having "unspecified powers".

Pointing to Australia being the "extinction capital of the globe", Ms Plibersek said the landmark overhaul of environmental laws was a "first step" that will require cooperation, compromise and common sense.

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Senator Pocock backed the Albanese government's move for change and said the Minister had to be allowed to do serious reform.

"We have to ensure that the PM and cabinet back her in on this and provide the funding required to actually make good on that commitment to hold extinctions," he told reporters.

"It is an investment in our environment. It's an investment in our future. And it is so worth doing."

Senator Pocock, who struck a deal with the government in the last sitting fortnight over its industrial relations reforms, wants the new EPA to be well resourced. The legislation is expected to be issued as an exposure draft prior to being introduced into the Parliament before the end of 2023. The Senate's support will be crucial.

He cited 2019 modelling by eminent environmental scientists that estimated $1.7 billion a year was needed to turn around and halt extinctions in Australia.

He said Australia currently spends 15 per cent of what is required.

"Yeah, it's a lot of money but in the scheme of things, it's such a worthwhile investment," the senator said.

"Clearly there is money if it's a priority. And I think Australians across the country are saying to the government, 'this is a priority.'"

The Coalition criticised the Labor plans, suggesting the initial lack of detail will create more uncertainty for the business community. The Shadow Environment Minister also called out Ms Plibersek for not saying if approvals will be cheaper under the new plan. The Minister, however, stated the environmental approvals would be faster, more transparent and not subject to as much red tape.

Senator Duniam also criticised the new EPA as "unaccountable" and having "unspecified powers". The Minerals Council of Australia is concerned the new powers will lead to a further slowing of investment in projects. It has also described the new agency as an "unelected, unaccountable approvals body".

"This significant policy departure will reduce ministerial accountability and increases uncertainty for industry," the council's CEO, Tania Constable said in a statement.

Like The Greens and environmental groups such as the Australian Conservation Foundation, Environmental Justice Australia and Greenpeace, Senator Pocock has called for a "climate trigger" for the assessment and approval of projects and developments.

"It's something that has to factor into environmental approvals. Clearly climate change is one of the biggest threats to our environment," he said.

There is no "climate trigger" to factor in the impact on the climate in the new plan. Professor Samuel recommended against it in his review, as emissions reduction regulation is dealt with elsewhere.

But he said climate impact is taken into account, under recommendation two of his inquiry, a recommendation the minister has accepted.

"All applications for development for mining whatever might be needed to be subjected to a complete transparent disclosure of the impact on carbon, carbon sink, carbon sequestration, and what steps would have been taken by the proponent of the development to mitigate that impact," Professor Samuel told the ABC on Thursday.

"Transparency is a very important element here."

As for whether an environment fight has just been triggered down the line in the Senate, the ACT senator said he wanted to get across the proposed reform's details.

"Clearly Minister Plibersek does want to deal with this. Australians want us to look after the incredible wildlife that we share this continent with, the incredible habitats that are currently under threat," he said

"And to do that we're gonna have to take into account things like climate change, like how we use water. It is going to be a really big piece of work."

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