ESG Snapshot: Issue 115

This week's highlights include:

• Emerging industries inquiry. A joint parliamentary inquiry will examine preparations in northern Australia for emerging industries.
• EPBC bills. Long-awaited EPBC reform bills have been released.
• Coal mine liability. A Victorian Bill would prevent taxpayers having to cover the costs, if operators of Latrobe Valley coal mines don't rehabilitate them.
• Biodiversity credits. A review is now underway into NSW's biodiversity credits market.
• No duty. Senator David Pocock's duty of care climate Bill has failed in the Senate, but it secured the support of one Liberal Senator.
• Not beyond saving. The Great Barrier Reef is not beyond saving, says a new report that assesses its economic value and benefits.
• Border crossing. The federal government has issued a guide to trading electricity across national borders.
• BCSDA Sprint series (see events).

ESG Snapshot - powered by the Business Council for Sustainable Development Australia and curated by ESG communications and content consultancy Earthed.

Statutory development - EPBC bills. The federal government has introduced seven bills to reform the EPBC Act and improve environmental assessment and approval processes.

The Environment Protection Reform Bill would amend the EPBC Act to provide a framework for the Minister to make, vary and revoke national environmental standards, and to apply them to decision-making.

It would establish a definition of unacceptable impacts, require that residual significant impacts be compensated to a net gain, strengthen penalties and compliance powers, provide for bioregional plans, and streamline strategic assessment provisions.

In addition, it would update and streamline provisions relating to bilateral agreements between the federal government and states and territories, and streamline assessment pathways.

The reform Bill would also require proponents to disclose project scope 1 and 2 greenhouse gas emissions, emissions mitigation measures, and abatement targets.

It also includes a power for the Minister to grant a national interest approval, even if it is inconsistent with the national environmental standards.

The National Environmental Protection Agency Bill establishes a national EPA that would have powers under the EPBC Act and other environmental legislation.

These include powers to issue permits and licences, as well as monitoring, auditing and compliance functions.

The Environment Information Australia Bill establishes the statutory position of the Head of Environment Information Australia "to provide national leadership for improving the availability and accessibility of high quality, national, environmental data and information", according to the explanatory memorandum.

A Restoration Charge Imposition Bill would allow an action or class of actions to be approved with the condition of paying a restoration contribution charge, instead of having to compensate for residual significant impacts.

The other bills deal with general charges, customs charges, and excise charges.

The Joint Standing Committee on Northern Australia has instigated a new inquiry into preparing for emerging industries across northern Australia.

Terms of reference include:

• The global transition to net zero and furthering renewable energy decarbonisation and carbon abatement.
• Developing the critical minerals industry.
• Supporting the development of export industries.
• Supporting the decommissioning industry.
• Training, attracting and retaining a skilled workforce.
• Empowering and upskilling local First Nations people.

Statutory development - climate change duty of care. A Bill introduced by Senator David Pocock, which would have inserted a duty of care to consider the impacts of emissions on the health and wellbeing of current and future Australian children, has been defeated in the Senate.

The Bill would also have prevented the making of decisions involving the exploration or extraction of fossil fuels where they would pose a material risk of harm to Australian children.

Labor senators opposed the Bill, as did nearly all Coalition senators. However, one SA Liberal Senator, Andrew McLachlan, spoke in favour of the Bill and voted for it.

The Australian Energy Infrastructure Commissioner has released a position statement on the treatment of renewable energy assets at end-of-life.

The latest review of Australia's product stewardship scheme has recommended that consideration be given to incorporating Pacific Island waste oil into the scheme.

Statutory development - Australian Energy Regulator Bill. The Opposition has signalled it will support a government Bill to separate the Australian Energy Regulator and the ACCC.

Australia has launched its official COP30 website.

Higher renewable energy output and less market volatility contributed to a fall in wholesale electricity prices across all National Electricity Market regions during the September 2025 quarter, despite growing demand.

The Australian Energy Market Operator's Quarterly Energy Dynamics report shows wholesale electricity prices for the NEM averaged $87 per MWh in the September quarter, a fall of 27% year-on-year and 38% since Q2 2025.

The federal industry department has released a guide to cross-border electricity trading, which aligns with the electricity trading framework signed by the Singaporean and Australian governments.

The federal government has gazetted the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025, which provides that the electrolysis production pathway is a production pathway for hydrogen.

Meanwhile, the government has also gazetted the National Greenhouse and Energy Reporting (Measurement) Amendment (2025 Update No. 2) Determination 2025.

The determination amends the voluntary market-based method for determining scope 2 emissions to include Renewable Electricity Guarantee of Origin (REGO) certificates as eligible Renewable Energy Certificates under the NGER scheme.

ARENA has awarded a $4.96 million grant to Nextracker to deploy its proprietary solar construction and integrated tracker technologies across multiple solar farms.

The company will deploy its Nextracker's NX Earth Truss foundation solution, which replaces traditional piling methods that require a multi-step installation process, with foundations that are installed in a single pass.

Research released by the Great Barrier Reef Foundation shows the Reef is now valued at $95 billion, and contributes more than $9 billion each year to the national economy.

The report, prepared by Deloitte Access Economics, also found that the World Heritage-listed Reef now supports 77,000 full-time equivalent jobs.

If it was a business, it would be Australia's fifth largest employer, it says.

Climate action and investment in reef resilience "creates a $124 billion economic opportunity over the next 50 years", the report concludes.

"Climate action is critical to the long-term growth of the industries and jobs that rely on the Reef," it says.

"The Reef is not beyond saving," the report says. "But the window for decisive action is now if we are to safeguard the Reef’s economic, social and cultural value for future generations."

The federal government has approved a new battery energy storage system (BESS) located near Chinchilla, in the electorate of Nationals' leader David Littleproud, in just 19 days "thanks to considered site selection", Environment Minister Murray Watt has announced.

"The 400MW storage project will power up to 101,500 households for 4 hours at peak demand," the Minister said.

One Nation Senator Sean Bell has formally notified the Senate that he will move for a Senate committee inquiry into Venn Energy's Lambruk solar project near Loomberah, in NSW.

Greens Senator Peter Whish-Wilson has formally notified the Senate that he will move a motion seeking any documents, including all correspondence, ministerial briefing notes, legal advice briefs and departmental assessments and/or reports relating to the Northern Endeavour floating production storage and offloading vessel.

The motion will seek all documents relating to the Northern Endeavour and the Hazardous Waste Act, the Basel Convention and/or its EPBC Act approval conditions.

Climate Change Authority Chair Matt Kean has delivered a major speech on grid decarbonisation, which discusses the role of network operators (presentation slides here).

Kean has also delivered a speech to a climate resilience emergency forum convened by independent MP Zali Steggall.

The Queensland government has issued New Accepted Development Requirements that have removed the requirement for development applications and approvals on more than 90% of waterway barrier works, culverts, disaster recovery works, or dam and weir repairs. 

"Unnecessary requirements for fish passages will also be removed from 122,000 kilometres of waterways in Western Queensland," the state government said.

The Queensland Audit Office has released a report examining the effectiveness and probity of the Department of State Development, Infrastructure and Planning's Industry Partnership Program in supporting industry development in Queensland.

The audit concludes the program supported government strategies, clearly outlined its purpose and expected outcomes, and attracted strong industry interest.

The former Queensland Labor government launched the $415.5 million Industry Partnership Program in June 2021.

For every one dollar of program funding committed, the program is expected to generate $5.60 of investment in Queensland, the report concludes.

Transcript is now available from a 27 October public briefing convened by a Queensland parliamentary committee inquiry into the government's energy roadmap Bill.

Consultation opportunity - biodiversity credits. The Independent Pricing and Regulatory Tribunal is inviting feedback on the performance of the NSW biodiversity credits market in 2024-25.

A discussion paper says that in 2024-25, proponents relied less on the Biodiversity Conservation Fund than in the previous two years.

"However, the market overall remains highly concentrated, particularly on the buyer side," it says. "One possible consequence of this fact is that sellers are in a relatively weak bargaining position."

The new review is IPART's third annual review of NSW's biodiversity credits market. Comments are due by 27 November.

Initial submissions are now available to a NSW parliamentary inquiry into proposed energy from waste facilities.

PV Industries has opened a new solar panel recycling facility in Bankstown, with the help of a $3.3 million NSW EPA grant.

The new facility is expected to process up to 6,000 tonnes of solar panels per year, divert approximately 200,000 panels annually from landfill.

Another solar panel recycling facility has been commissioned in Parkes by Australia's largest e-waste processing business, Sircel Ltd, and has started ramping up processing. The facility aims to process 160,000 solar panels or 3,500 tonnes per year. 

Open consultations:

• Landfills. The NSW EPA has released draft updated guidelines for solid waste landfills. Comments are due by 25 November.
• Product lifecycle. The NSW EPA has released a draft Product Lifecycle Responsibility Regulation, and an associated regulatory impact statement, focusing on small batteries. Comments are due by 14 November.

Statutory development - large coal mines. Climate and Energy Minister Lily D'Ambrosio has introduced the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Bill 2025.

The Bill will:

• Introduce a new trailing liabilities scheme relating to the rehabilitation of the three Latrobe Valley coal mines, which are known as declared miens.
• Clarify the requirements for and operation of rehabilitation plans for the mines.
• Require notice of any change in control of the mines.

The Bill, which is similar to federal legislation on decommissioning offshore infrastructure, aims to protect Victorian taxpayers from a worst-case scenario where a declared mine licensee doesn't meet its rehabilitation obligations.

It provides the government with a new tool to require those who derived greatest financial benefit from mining projects to be responsible for remediating the rehabilitation risks and liabilities caused by the project.

The trailing liabilities scheme is a measure of last resort to provide financial assurance to the state government where there is no feasible alternative to enforce existing rehabilitation obligations against the current or former declared mine licensee.

The scheme will enable the Minister to 'call back' a party, via a remedial direction, to carry out or pay the costs of rehabilitation and post-closure work where the Minister is satisfied it is appropriate to do so.

A remedial direction can be issued to any entity that is a related body corporate of a current declared mine licensee, including a parent and subsidiary company of the licensee, or potentially a director.

The Western Renewables Link project, delivered by AusNet, has committed $55 million to deliver benefits to regional communities along the proposed project route, according to materials submitted as part of the opening of the Environment Effects Statement (EES) panel hearing process.

Of this, $15 million has already been made available during the development phase, in response to community feedback calling for earlier benefits. The remaining $40 million will be delivered if the 190-kilometre transmission line is approved and proceeds to construction.

This commitment make the project's Benefit Sharing Program one of the largest established by an Australian transmission infrastructure project, according to AusNet.

Of the $55 million commitment, $30 million will fund community partnerships and investments in projects such as renewable energy upgrades, improved mobile phone connectivity and new community infrastructure.

The Victorian government has approved two more renewable energy projects after assessing them through its fast-track Development Facilitation Program (DFP).

The two projects are the 332MW Meadow Creek solar farm near Wangaratta, and Eku Energy's battery energy storage system in Hazelwood.

Meadow Creek has sufficient capacity to power about 140,000 homes, and the BESS will have the capacity to meet peak evening demand for about 85,000 homes.

"Since the DFP was expanded to include renewable energy projects last year, the Labor Government has unlocked more than $7.8 billion worth of investment across 22 projects that will create more than 3,000 new jobs in construction and operations," the state government said.

Statutory development - VicGrid. The state government has gazetted new VicGrid Regulations to make modifications to the National Electricity Rules, and to confer on AEMO a function of providing services and other support to VicGrid.

Minister for Planning Sonya Kilkenny has approved Amendment VC291 to the Victoria Planning Provisions and all planning schemes in the state.

The amendment replaces the 2017 version of the Guidelines for the removal, destruction or lopping of native vegetation with the 2025 version.

Landholders who host transmission infrastructure required for Project Marinus will receive $200,000 per kilometre, under a new Tasmanian Government announcing a Strategic Benefit Payment Scheme.

"This is about supporting our farmers, respecting our regions, and helping power Tasmania’s clean energy future," Premier Jeremy Rockliff said.

Grant opportunity - fossil gas. The South Australian government is offering SA Gas Initiative offers grant funding of up to $2.5 million per eligible project for gas projects that help the state meet its mid-to-long-term energy needs.

The Initiative will allocate funding from a newly established Gas Security Infrastructure Fund to stimulate investment in a range of projects that increase gas supply, increase gas capacity, or both. These could include projects that:

• Enhance geological knowledge of areas of potential gas supplies close to existing infrastructure.
• Drive the adoption of new technologies to lift productivity and improve the efficiency of gas production.
• Identify gas storage solutions.
• Support infrastructure to unlock new gas supply or improve deliverability.

Grant opportunity - circularity. Green Industries SA has invited applications for funding of up to $100,000 under its Circular Business and Market Development Grants program.

The program supports projects that reduce waste, extend product life cycles and create new market opportunities through circular business models and innovation. 

Mines and Petroleum Minister David Michael has released the WA government's response to the statutory review of the Mining Rehabilitation Fund that was completed by Marsden Jacob Associates in 2024.

The MRF aims to ensure that the mining industry retains financial responsibility for rehabilitating active and abandoned mine sites. 

The WA EPA has released a BHP proposal for iron ore mining at Ministers North, about 85 kilometres north-west of Newman.

In line with loosened state government requirements for major projects, the referral says BHP will manage its greenhouse gas emissions through compliance with the Safeguard Mechanism and is not proposing to develop a Greenhouse Gas Management Plan.

The NT EPA has invited comment on a referral for SunCable's Muckaty solar precinct.

Renewable energy generated by the project will supply industrial customers in Darwin, and Singapore.

"SunCable is seeking environmental approval over multiple potential solar generation sites on Muckaty that can be developed in stages over an extended period as customer offtake agreements are secured," the referral says.

"Initial assessments indicate that the Preliminary Disturbance Footprint can accommodate enough solar fields for approximately 20GW of peak electrical output."

"More recently, SunCable has also identified data centres as a highly prospective market and is exploring the potential for data centre customers to locate near a large-scale renewable energy supply," the referral says.

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The UNFCCC has released the first Synthesis Report of Biennial Transparency Reports.

Based on the inaugural Biennial Transparency Reports from 109 countries, the synthesis report provides a valuable initial picture of countries' varied progress on the basis of information and data reported up until 2022.

"The report shines a light on factors driving success, and factors that are holding back faster progress," according to UNFCCC executive secretary Simon Stiell.

Think tank E3G and the Industrial Transition Accelerator have released a new report on Building the EU's Clean Industrial Future.

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