top of page

A New Era for Australia’s Environmental Laws: EPBC Act 2025

  • Evelyn Moore
  • 19 hours ago
  • 2 min read
ree

Australia is set for the most significant reform of its national environmental laws in 25 years. The Environment Protection and Biodiversity Conservation (EPBC) Act is being modernised to better protect nature, manage development, and strengthen environmental accountability.


EPBC Act 2025: What You Need to Know

In total, seven Bills were introduced as part of the government’s reform package on 30 October 2025 and were passed by the Senate today (November 27, 2025). These reforms follow Professor Graeme Samuel’s landmark 2020 review, which recommended stronger standards, better enforcement, and a more transparent regulatory system.


Key Features of the Environmental Law Reforms

1. Establishing a National Environmental Protection Agency (NEPA) - A new independent agency will oversee compliance, enforcement, and accreditation, with the CEO having statutory independence and new enforcement powers, including issuing environmental protection orders.

2. Legally Enforceable National Environmental Standards (NES) - These standards will guide project decisions and set minimum protections for Australia’s environment.

3. Clear “Unacceptable Impact” Thresholds - Projects that threaten Matters of National Environmental Significance must be refused, ensuring stronger protection for ecosystems and biodiversity.

4. Streamlined Environmental Approvals - Lower-tier assessments will be replaced with a faster, streamlined pathway, supported by tools like “Rulings” and “Protection Statements.”

5. Bioregional Planning for Smarter Development - Broad-scale bioregional assessments will define development and conservation zones, reducing repeated project-by-project assessments.

6. Empowering States and Territories - Accredited state and territory systems will deliver “one-touch” approvals, reduce duplication while maintaining national standards.

7. New Environmental Restoration Fund - Proponents can meet offset liabilities through contributions to a government-managed restoration fund, overseen by an independent body and expert advisory committee.

8. Climate Transparency Requirements - While no “climate trigger” is introduced, certain projects must disclose greenhouse gas emissions and reduction plans publicly.

9. Increased Penalties for Environmental Breaches - Maximum penalties for large corporations could reach $825 million, with expanded enforcement powers to ensure compliance.

10. Establishing Environment Information Australia (EIA) - A new agency will lead the collection and reporting of national environmental data, improving transparency and accountability.

11. Tighter Rules for High-Polluting Projects - Coal and gas projects will need federal water approvals, emissions disclosures and will not be fast-tracked.

12. National Interest Provisions - Certain strategic projects may still be approved under a “national interest proposal,” while refined exemptions allow conditions to limit environmental harm.


Why these reforms to the EPBC Act matter

These reforms aim to create a stronger, more consistent, and science-based environmental system. With clearer standards, enhanced enforcement, and improved national data, Australia is positioning itself to meet environmental challenges and climate goals over the next 25 years.


These reforms not only protect the environment but also provide clarity and predictability for businesses, supporting sustainable development across the country.



Comments

bottom of page