A report has been released recommending Australia regulate greenhouse gas emissions, without waiting for the Carbon Pollution Reduction Scheme.  

Before the end of last year, a report reviewing the Environment Protection and Biodiversity Conservation Act 1999 made the recommendation that given the uncertainty surrounding the CPRS that an interim greenhouse trigger be introduced. The report suggests a trigger threshold of 500,000 tonnes of carbon dioxide equivalent emissions; which would capture a range of actions including those released during construction and any period of operation.

The report details the first review of the Environment Protection and Biodiversity Conservation Act in a decade, and recommends an integrated package around nine core elements, the trigger threshold being one. It suggests the trigger be introduced as soon as possible, though to sunset upon the commencement of the CPRS.

As noted in this previous post the United States Environmental Protection Agency (EPA) ‘endangerment ruling’ clears the way for regulation of greenhouse emissions, without the need for Congressional approval. In the US case the regulation of emissions is under the Clean Air Act whereby once a pollutant is deemed an endangerment to human health it can be regulated. In the report released by the Australian Government, the regulation of emissions is tied to the recommendation of creating a new matter of national environmental significance for ‘ecosystems of national significance’ and biodiversity conservation.

Does this open the door for the Australian Government to consider following the US example?