Australia’s landmark EPBC Act reforms aim to accelerate approvals while strengthening environmental protections

The Commonwealth has completed the most significant overhaul of federal environmental law in a quarter-century with the passage of a substantial reform package to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The seven Bills, passed by Parliament on 28 November 2025, implement many of the recommendations of Professor Graeme Samuel AC’s review and reshape how projects affecting nationally important environmental values are assessed, approved and enforced.

According to the Department of Climate Change, Energy, the Environment and Water (DCCEEW), the reforms create a new framework centred on legally enforceable National Environmental Standards, which the Federal Environment Minister may make, vary and revoke to set outcomes, objectives and processes that will guide decision-making. Projects assessed under the Act must now generally satisfy three tests: consistency with any Standard; the “unacceptable impacts” test; and the “net gain” test. All residual significant impacts on Matters of National Environmental Significance (MNES) must be offset or compensated so actions result in a “net gain”, and actions that would cause “unacceptable impacts” on MNES cannot be approved. The government says these measures strengthen protections while providing clearer rules for proponents.

The reform package also creates a more flexible and expedited assessment architecture. Most proposed actions will proceed through one of two assessment pathways , Assessment on Preliminary Documentation or a new Streamlined Assessment Process , while selected projects in national priority areas such as housing, renewable energy and critical minerals may be eligible for a fast-track option. The government has introduced time-limited features intended to reduce uncertainty for proponents, including a rule that “not controlled action” decisions will lapse after five years if projects have not commenced (with a possible five‑year extension). DCCEEW characterises these changes as intended to accelerate decision-making while directing development away from high-value conservation areas.

Stronger compliance and oversight form another pillar of the reforms. A National Environmental Protection Agency (EPA) is to be established, with the government indicating the agency will commence functions on 1 July 2026 and concentrate on compliance and enforcement. The reforms also expand transparency and accountability: developers must disclose estimates of Scope 1 and Scope 2 emissions and the mitigation measures they propose, and the Minister will be able to make rulings in particular circumstances to inform how the law and subordinate instruments are applied. The government has opened public consultation on draft National Environmental Standards for MNES and Environmental Offsets, with feedback invited until 30 January 2026, as part of the staged roll-out of subordinate instruments and guidance.

Regional planning and bioregional plans are embedded in the new architecture to provide greater spatial clarity for development and conservation. According to DCCEEW, these plans are intended to identify development areas, protect high conservation‑priority locations, manage cumulative impacts and inform targeted restoration investment. The Department says regional planning will be developed with local communities and landholders to balance infrastructure delivery and environmental outcomes.

Not all details are settled; many operational aspects will be set through subordinate legislation, rules and guidance. A number of provisions commenced on 2 December 2025 to enable the making of Standards, while the remaining reforms will commence in a staged manner through 2026 as regulations, guidance and assurance frameworks are finalised. The government has signalled it will work with stakeholders to design monitoring and assurance systems to track the reforms’ effectiveness.

The federal reforms are already prompting parallel changes at state and territory level. The Australian Capital Territory has passed the Environment Legislation Amendment Bill 2025 to streamline standards and bolster safeguards across biosecurity, nature conservation, energy efficiency and water efficiency laws. The ACT amendments allow regulations and codes of practice to apply, adopt or incorporate external standards and instruments, provided those documents are made freely available online or for inspection, and they strengthen links between nature conservation and biosecurity powers to improve emergency response capability. The territory describes the changes as creating a more agile and transparent regulatory environment and improving alignment with federal reforms.

In Western Australia, the two‑year progress report on the state’s Climate Adaptation Strategy shows mixed but steady progress since its 2023 launch. The $40 million strategy set 37 actions to be delivered by 13 agencies over a decade; the report records four actions completed to date and a range of capability‑building, planning and First Nations resilience projects underway. The Department of Water and Environmental Regulation plans in the coming 12 months to advance climate impact assessments, progress the First Nations Climate Resilience Project, improve access to climate projections and pursue urban greening and water security investment. The report underlines the continuing need for region‑specific assessment of climate risks that affect business operations and infrastructure planning.

Queensland has introduced the Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment 2025 Bill, intended to modernise the Environmental Protection Act 1994 and related water law. The proposed measures would create codes for low‑risk Environmentally Relevant Activities, remove duplicative elements of Environmental Impact Statement processes, and update progressive rehabilitation and closure plan requirements, among other administrative reforms. The Bill is currently before Parliament following public consultation.

The reforms collectively represent an attempt to reconcile competing priorities: stronger, more certain national protections for biodiversity and significant environmental values; clearer rules and timeframes to support major infrastructure and economic projects; and an expanded compliance and assurance architecture. Critics and environmental groups have already flagged concerns about whether subordinate instruments and the new Standards will be sufficiently ambitious and about the adequacy of resources for the National EPA. The government, for its part, says the package will protect the environment for future generations while supporting business and community needs.

As the subordinate legislation, Standards and regional plans are drafted and finalised over the coming months, the practical effect of the EPBC reforms will become clearer. Key milestones to watch include the final form of the National Environmental Standards, the establishment and resourcing of the National EPA on 1 July 2026, the outcomes of the public consultation on draft Standards (closing 30 January 2026) and how states and territories align their own systems with the new national framework. The reforms alter the legal landscape for approvals, offsets and compliance; businesses, landholders and conservation interests will need to adapt quickly to the new statutory tests and the spatial guidance emerging from regional planning.