The Future of Environmental Reform: decoding EPBC Act change

Australia is undergoing the most significant overhaul of its national environmental laws in over 20 years. The upcoming reforms to the Environment Protection and Biodiversity Conservation Act (EPBC Act) will introduce a new federal EPA, enforce national environmental standards, and streamline project approvals—supporting faster housing and renewable energy development while strengthening environmental protections. These changes aim to deliver clearer, fairer, and more efficient outcomes for both nature and business.

 

Timeline 

 

Key questions

Key reforms

New institutions & governance
  • National EPA (independence, powers, implications for approvals/enforcement).
  • Environment Information Australia (data reliability, transparency, use in decision-making).
Process changes
  • 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).
Substantive obligations
  • Climate change (role in assessment, links to safeguard mechanism, investor expectations).
  • Biodiversity offsets / nature positive outcomes (requirements, measurement, costs/risks).
Accountability & rights
  • First Nations engagement and consultation (early involvement, FPIC debates, compliance expectations).
  • Merits review and third-party enforcement (litigation risk, how different from current regime).