The EPBC Act reforms passed by the ALP and Greens contain several very significant improvements and constitute a strong foundation upon which to build, according to the Environmental Defenders Office. 

“The changes ushered through the parliament today are the most significant enhancements in federal environmental protections in more than a generation,” EDO Deputy Director Rachel Walmsley said.  

“These are reforms that EDO, the conservation movement and the wider Australian community has been calling for over many years. They are a strong foundation upon which to build.   

“Removing the exemption from the EPBC Act for high-risk land clearing and the Regional Forest Agreements (RFAs) so they comply with the same rules and standards as other industries is very positive and long overdue.  

“The success of these reforms will very much depend on the development of strong, effective standards and regulations, and proper resourcing of the new EPA to ensure their robust enforcement. 

“The Bills originally presented to the parliament have been significantly improved at the behest of the Greens, who have, among other things, convinced the government to broaden the application of the EPBC Act to include forestry and land clearing. 

“EDO will continue to engage constructively in the public consultation on the standards and regulations to help ensure the best outcomes for nature and communities.” 

Ms Walmsley said the failure of the government to include climate impacts in the reforms is a significant shortcoming that must be addressed sooner than later.  

The EDO Law Reform Team has analysed the legislation approved by the parliament, highlighting the gains made during the final stages of the negotiations. [1] 

The negotiation wins   

  • Setting an end date to the exemption from Regional Forest Agreements (RFAs) from the EPBC Act   
  • Tightening land clearing loopholes for the Great Barrier Reef catchment and regrowth vegetation   
  • Water trigger prevented from being devolved to state and territory government    
  • Some safeguards around devolution of EPBC Act powers   
  • Exclusion of fossil fuels from streamlined assessment, national interest approval exemptions and bioregional planning pathways   
  • Less discretion when applying National Environmental Standards   
  • Offsets via “pay to destroy” restoration fund not possible for specified threatened species   
  • Review of the EPBC Act now every five years   

The concerns   

  • Unacceptable impacts test subject to higher bar    
  • Climate impact assessment remains the same    
  • Stop-work environmental protection order powers curtailed   
  • While the new National Environmental Protection Agency has finally been introduced, its independence needs strengthening 

REFERENCES 

[1] Historic environment reforms: What happened in parliament and what comes next? EDO, 28 November 2025. 

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