We’ve received a formal response from Minister Murray Watt regarding our call to close the 43A and 43B loopholes in the EPBC Act, the very clause that exempts shark culling programs in Queensland and New South Wales from proper environmental scrutiny.

In short, it's extremely disappointing.

In his letter, the Minister acknowledges our concerns but confirms that “the exemptions under sections 43A and 43B… are currently not within the scope of the amendments to the legislation that we are progressing.” Despite the once-in-a-generation reforms being presented to Parliament, the Federal Government is wilfully and recklessly choosing to leave this deadly loophole wide open.

His full response was as follows:

"Thank you for your correspondence dated 16 October 2025 concerning upcoming reforms to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The Australian Government is committed to strengthening our national environmental laws, including delivering on the Government’s election commitment to establishing the National Environmental Protection Agency (National EPA).

On 30 October 2025, the Government introduced the law reform Bills to Parliament. This legislation represents a balanced set of proposed reforms that are broader than what was introduced in the previous term of government.

These reforms are consistent with the recommendations of the 2020 Independent Review of the EPBC Act (the Samuel Review). They will deliver stronger environmental protection and restoration, more efficient and robust project assessments and greater accountability and transparency in decision making.

I appreciate your comments on shark control programs and the exemptions under sections 43A and 43B. However, they are currently not within the scope of the amendments to the legislation that we are progressing, which are closely aligned with the recommendations from the Samuel Review.

To remain up to date on these reforms, further information will be available at
www.dcceew.gov.au/environment/epbc/epbc-act-reform"

What this effectively means is that any program or activity, including the shark culling programs in QLD and NSW, that existed before the EPBC Act came into force in 2000 is given carte blanche to break environment laws and standards with zero guardrails or oversight. People and Governments perpetrating this harm are still not going to be required to meet today’s environmental standards - even after 25 years of scientific advancement, stronger public expectations, and a worsening biodiversity crisis - and Murray Watt has absolutely no plans to address it. 

We’re not backing down and ask that you don't either. If the current reforms won’t address 43B, we need to push harder for urgent amendments.

Please email Murray Watt to ask him to reconsider his irresponsible position on Section 43B:

minister.watt@dcceew.gov.au and senator.watt@aph.gov.au