The reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) have now passed, with Royal Assent being given on 1 December 2025. But there is still significant work to do to ensure the new framework is as strong as possible: A suite of National Environmental Standards needs to be drafted, regulatory provisions need to come into effect and a new National Environmental Protection Agency needs to be established and resourced, amongst many other things.  

Here we have prepared a brief roundup of what work is now needed to ensure the EPBC reforms lead to strong environmental protection, good governance frameworks and decisions with integrity. EDO’s expert environmental law team will be there every step of the way to help the community engage with these processes and to hold the Government to account.  

1. The Senate Committee Inquiry continues for the Bills, and possibly Standards 

Submissions were open for the inquiry into the Environment Protection Reform Bill 2025 and six related bills until 5 December 2025. The Committee are due to report in March 2026. 

The package agreed between Labor and the Greens included ensuring the Senate Committee Inquiry could remain open and now turn its attention to the National Environmental Standards and possibly regulations. In the new year the Senate will have to vote on changes to the focus of the Senate Committee Inquiry.  

2. Ensuring National Environmental Standards are as strong as possible and meet Samuel’s recommendations  

New part 19B of the EPBC Act, providing for the making of National Environmental Standards, commenced on 2 December 2025.  

Two draft National Environmental Standards are currently open for comment until 30 January. EDO will be providing detailed guidance to assistance with submissions on the Standards.  

  • Draft National Environment Standard for Matters of National Environmental Significance (MNES)  
  • Draft National Environment Standard for Environmental Offsets   

Work is needed to encourage the government to release and finalise a full suite of National Environmental Standards prior to accrediting any frameworks under the reforms, including for approval powers around Regional Forest Agreement activities.  

The government indicated it will begin consulting on new Standards in the new year, including the First Nations Engagement Standard and Community Consultation Standard.  

3. EPBC Regulations need updating to introduce safeguards and supporting criteria  

Many of the new provisions are designed to be implemented or supported by provisions in regulations, including:  

  • Prescribing National Environmental Standards for each of the decisions, and determining how they should be considered for some decisions – the Environmental Protection Reform Bill provides that regulations must specify which National Environmental Standard is prescribed for each decision. For some decisions the regulations can define how the Standard must be considered, for example whether the decision-maker must just have regard to the Standard, or must not be inconsistent with the Standard, or another test.    
  • The criteria for accrediting frameworks – regulatory provisions could be introduced to add necessary criteria a framework must meet to be accredited. 
  • The streamlined assessment pathway – for which provisions are needed to introduce safeguards which ensure this pathway is only used for low risk activities, as well as ideally introducing some requirements around the quality of information to be provided for the Minister to be satisfied this fast-tracked pathway with limited consultation is appropriate.  
  • Specifying what would constitute ‘net gain’ – the Bill provides that a regulation can establish how ‘net gain’ should be interpreted and applied for the purpose of ‘passing the net gain test’. Providing for this in the regulation will ensure that it is subject to less Ministerial discretion.  
  • Prescribe information that must accompany any application for a national interest proposal determination – regulations can specify information that must be provided with any application for a national interest proposal determination. This information could require the proponent to provide proof, in the application, that the relevant activity is in the national interest and to ensure that, as the Minister explained in the Senate, the power “be used rarely and only in circumstances where it’s clearly in the national interest to do so” ; 

4. Ensuring any accreditation of other frameworks (which would devolve EPBC assessment or approval powers), does not weaken environmental protections, including for forestry activities 

  • The Bills facilitate increased devolution of assessment and approval powers to state and territory governments and other entities, via bilateral agreements and accreditation instruments. EDO will be watching keenly for the commencement of any bilateral agreement or accreditation negotiations or declarations and will be ready to assist with and undertake advocacy to ensure this process occurs with integrity.  
  • It is essential that the full suite of National Environmental Standards are made and regulatory provisions prescribe all Standards as relevant to the accreditation decision prior to any accreditation of frameworks. We encourage all interested to communicate the need for this critical safeguard to Minister Watt.  
  • The exemption for Regional Forest Agreement activities from needing the EPBC Act approval will end on July 2027. The government has flagged that the activities under Regional Forest Agreements may be dealt with under new arrangements, including new bilateral approval agreement arrangements with the relevant state governments. It will be a requirement that those new arrangements meet National Environmental Standards. It is essential that those Standards are in place and regulations finalised specifying the application of all Standards to the accreditation decision prior to any bilateral approval agreement being entered around Regional Forest Agreement activities.  

5. Offsets framework  

Offsets rules and policy settings will be further developed via subordinate instruments: 

  • Draft National Environment Standard for Environmental Offsets is currently out for public comment until 30 January 2026 – this Standard will be important for ensuring that best practice principles apply to all offsets, including those provided via restoration contributions.  
  • ‘Methods’ will be made under the Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025 to calculate amounts to be charged as restoration contribution charges. 
  • Declarations can be made under new section 134AA to specify certain entities (e.g. threatened species) that are not able to be offset via a restoration contribution payment. Protection statements can help inform decisions to declare entities under section 134AA. 

6. National Environmental Protection Agency (NEPA) and Environment Information Australia (EIA) to be formally established 

The NEPA Act and EIA Act will commence on 1 July 2026, together with parts of the Reform Act that relate to the NEPA. The key steps for setting up NEPA and the EIA formally will be:  

  • ensuring that sufficient budget is provided to these organisations for them to undertake their roles effectively;  
  • appointing the CEO of NEPA and the Head of EIA; and 
  • delegations may be formally made by the Minister to NEPA or the Department for particular roles. 

The EIA will be releasing its first State of the Environment Report no later than 15 December 2028, and then every two years. These Reports will be a valuable moment to scrutinise how well the new reforms are leading to improvements in environmental outcomes across Australia.  

7. Rulings and protection statements – watch this space! 

The amendments include new powers for the Minister to: 

  • make rulings on the way in which provisions of environment law should apply in relation to persons, activities and other matters, which decision-makers must generally act in accordance with; and 
  • make “protection statements” in relation to threatened species and ecological communities to set out requirements for certain decisions relating to those species and communities, which “turns off” requirements relating to recovery plans and approved conservation advices. 

There will be opportunities for scrutiny and public comment on these instruments. Public consultation is required before either a ruling or a protection statement is made. Draft protection statements must be exhibited and consulted on for a minimum of 30 days, and the Minister must have regard to any comments made during that period in making the protection statement. There is no statutory minimum time period for consultation on rulings, however the Minister is required to take into account any comments made during the consultation period before making a ruling. 

8. Ensuring decisions are made in accordance with the new EPBC Act provisions 

With the introduction of the new safeguards, such as requirements to refuse unacceptable impacts and achieve net gain, and National Environmental Standards, along with other criteria and decision points, there will be opportunities to put key information before decision makers to inform decision making. There may be opportunities to seek reasons for decisions and to make applications for judicial review if decisions are not made in accordance with the new criteria and processes.  

9. Ensuring that new land clearing protections are complied with or enforced 

Provisions specifying that the continuation of use EPBC Act exemption does not apply to certain land clearing commenced on Tuesday 2 December 2025. 

That is, vegetation clearing that may have been exempt due to clearing occurring prior to the EPBC Act commencing is now subject to the EPBC Act assessment where it will or may have a significant impact on a matter of national environmental significance and:   

  • the vegetation is within 50m of a Great Barrier Reef catchment watercourse, wetland or drainage line; or  
  • the vegetation is anywhere across Australia and has not been cleared for 15 years or more, where it is not a forestry operation.   

With the NEPA yet to be established, it falls to the Department to ensure that these protections are complied with. Given the remoteness of many parts of Australia, the local community can play a role in providing information to the Department about any vegetation clearing that may meet the requirements above.  

If you have concerns about vegetation clearing in your community, you can contact the Department and ask them to investigate, or get in touch with EDO’s Inquiries line.  

If the Department fails to take action with respect to clearing that would be an offence or other contravention of the EPBC Act, it may be possible for certain community members or groups to seek an injunction in the Federal Court to enforce the new provisions of the Act, if they are:  

  • an individual whose interests are affected, or who has been engaged in activities to protect the environment during the previous two years (called an “interested person”); or  
  • an organisation (incorporated in Australia) whose interests are affected, or which, during the previous 2 years, has had the protection of the environment as one of its objects and purposes and which has been engaged in environmental protection. 

However, this is not a course to be taken lightly as litigation can be costly and time consuming and the evidentiary burden is quite high. We strongly encourage seeking independent legal advice before any Court action is taken.  It is always preferable for a regulator perform its role and enforce the law.   

10. Next review of the EPBC Act  

Under the deal made between the Greens and Labor there were changes to introduce more frequent reviews of the EPBC Act. The next review will be an important opportunity to reflect on any further amendments needed to the Act to ensure it is achieving its objective of protecting Australia’s matters of national environmental significance.