Federal environmental reform: decoding the EPBC Act
A new future for environmental law
The Environment Protection and Biodiversity Conservation Act (EPBC Act) is undergoing significant change, with a new federal EPA and national environmental standards set to alter how projects are assessed and approved.
While the details are still being shaped, the goal is clear: to create a framework that gives businesses confidence, streamlines approvals, and provides certainty for all stakeholders. Contributing to the reform process, we bring a practical perspective on how these changes are evolving and what they could mean for both development and environmental protection.
Timeline
Momentum has been steadily building around EPBC Act reforms, with major changes expected later this year or early next—this timeline tracks key developments and will be updated as new initiatives emerge.
Summary of key reforms
The EPBC Act reforms introduce major changes across institutions, processes, obligations, and rights—reshaping how environmental decisions are made and enforced in Australia. Below are some of the key changes emerging.
- National EPA (independence, powers, implications for approvals/enforcement).
- Environment Information Australia (data reliability, transparency, use in decision-making).
- Simplified assessment and approval process (what’s genuinely simplified vs. what creates new complexity).
- Regional plans and conservation planning documents (shift to strategic assessment, sector/regional implications).
- National Environmental Standards (how prescriptive, how applied, alignment across states/territories).
- Climate change (role in assessment, links to safeguard mechanism, investor expectations).
- Biodiversity offsets / nature positive outcomes (requirements, measurement, costs/risks).
- First Nations engagement and consultation (early involvement, FPIC debates, compliance expectations).
- Merits review and third-party enforcement (litigation risk, how different from current regime).
