A draft National Environmental Standard for Data and Information has been released for public comment.

See the consultation page here for more information and to read the updated documents, being the:   

Submissions are due by 11.59pm, Tuesday 7 July 2026   

A Data and Information Standard is one of the key Standards recommended by Professor Graeme Samuel AC in his independent review of the Environment Protection and Biodiversity Conservation Act 1999.

There are some key ways in which this important Standard needs to be strengthened to ensure that data and information underpinning assessments and decision-making under the EPBC Act is robust, reliable and fit-for-purpose. EDO has several concerns, including: 

  • Problematic provisions in the draft Data and Information Standard undermine the Objectives, Outcomes and Principles in the Standard. In particular:
    • Subsections 7(3)(a) – (e) displace the Objective and Objects of the Standard. It does this by only requiring the decision-maker to be satisfied that the data and information provided in relation to an application is consistent with the Principles, rather than the actual Outcomes and Objectives.
    • Subsections 7(3)(c)(ii) and 7(3)(d)(ii) also undermine the Principles in the Standard by stating it is enough to meet requirements that are “equivalent in effect” to the Principles in the Standard, rather than the Principles themselves.
  • The objective should be updated to clarify what is meant by “appropriate” data and information, and to require that data and information be the “best available”. Additionally, as written, the Objective misleadingly suggests the Standard extends the availability of data and information, whereas the Principles are more focused on ensuring that in circumstances where data and information is available, including for reuse, it is credible and comparable. We note that other measures to improve the availability of data have been implemented via the Environment Information Australia Act 2025.
  • The detailed requirements for meeting each Principle (which are set out in subsection 2(a) of each Principle) are undermined by a more general alternative (in subsection 2(b) of each Principle) to simply provide “other evidence” as a way of meeting each Principle. This creates uncertainty for both proponents and the public in understanding exactly what is required by the Standard, and discretion for decision makers in determining whether the Standard has been met. This is at odds with the purpose of Standards, which is to create clear and objective benchmarks and boundaries for decision making.
  • Principles should be strengthened by including more detailed requirements for transparency, including in relation to conflicts of interest, assumptions and uncertainties pertaining to data, and the use of AI technology.
  • Key requirements for the ethical collection, management and use of data must be embedded in the Principles as clear, direct requirements (e.g. a person must maintain indigenous rights and cultural governance), rather than simply being optional guidance in a note.
  • The Standard should directly reference elements which are intended to support the Standards, such as the proposed register of trusted environmental data and information assets, and technical guidance. If this is not included, there is no requirement to apply guidance when using the Standard or when making decisions consistent with the Standard.
  • Further consideration needs to be given to how the Data and Information Standard can improve date and information beyond approval decision making, including in relation to post-approval monitoring and reporting and in the development of conservation planning documents and bioregional guidance plans.  Clarification is also needed in relation to how the Data and Information Standard will interact with the (yet to be made) First Nations Engagement Standard, including in relation to obtaining, using and managing Traditional Ecological Knowledge.

Our key concerns with the draft Data and Information Standard are set out in more detail in our EDO Submission Guide: Key Concerns with the Exposure draft of the National Environmental Standard for Data and Information – June 2026.