Positive elements contained in the EPBC Act reform bills [1], introduced to parliament today, are undermined by extensive exemptions and opportunities for ministerial discretion, according to Environmental Defenders Office (EDO) analysis.

“This reform moment must be about fixing the failures of the past,” said EDO Managing Lawyer (Policy and Law Reform) Revel Pointon.

“There are positive elements — like stronger penalties, the introduction of National Environmental Standards, and restrictions on approving unacceptable impacts.

“But these Bills still leave major loopholes, wide discretion, and no requirement to assess or control greenhouse gas emissions or largescale deforestation — both significant threats to our environment and communities.

“Without stronger accountability, removal of exemptions allowing unsustainable impacts, and clear limits on discretion to ensure the laws can be upheld, these Bills may not deliver the environmental protections Australians expect and the environment desperately needs.

“One of the key findings of the Samuel Review was that too much ministerial discretion has led to poor outcomes and public distrust.

“Discretion remains a core problem in these Bills. New ministerial powers to make rulings and protection statements have been added to existing broad national interest exemptions. All of these powers are open to abuse in the wrong hands.

“We need to see the National Environment Standards before legislation is voted on to ensure that they meet Professor Samuel’s recommendations of clear, enforceable outcomes that will lead to environmental protection.

“These were the foundation of Professor Samuel’s package of recommendations.”

Ms Pointon said the government’s proposal will not ensure that major polluting projects are properly assessed for their climate impacts, contrary to international law and the recent opinion of the International Court of Justice.

“Requiring only partial disclosure of greenhouse gas emissions — and not assessing them — is not environmental protection. It’s a free pass for fossil fuel expansion,” she said.

“Claims that the Safeguard Mechanism is regulating emissions at the project approval stage are false.

“The mechanism only applies after projects are approved — it cannot prevent climate harm before it happens.

“The reforms keep in place damaging exemptions that allow large-scale deforestation and other destructive activities to continue unchecked.

“Outdated exemptions for activities like broadscale land clearing and native forest logging have no place in modern environmental law.

“The government promised stronger, fairer, more transparent nature laws.

“Parliament must now strengthen these Bills to make that promise real — and finally give Australia the modern environmental protections it needs.”

REFERENCE

[1] Seven Bills in total, three key reform Bills here: Environment Protection Reform Bill 2025; National Environmental Protection Agency Bill 2025; Environment Information Australia Bill 2025. 

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