EPBC Explainer: Bilateral agreements

This Explainer outlines what bilateral agreements are and explains the process for entering into them under Part 5 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It also outlines relevant amendments to the EPBC Act passed in November 2025 (2025 EPBC Act reforms) that create new guardrails for bilateral agreements. It provides links to where you can find more information on the status of bilateral agreements in each state and territory. It does not cover other types of Ministerial accreditation, including declarations made under Part 4, Divisions 2 or 2A.

Key takeaways

Understand the reforms to the EPBC Act that relate to bilateral agreements.

Understand the new process for introducing assessment and approval bilateral agreements.

Understand generally what a bilateral agreement is.

Key actions

Understand how to engage in the development of bilateral agreements to ensure strong environmental laws remain in protecting environmental matters of national environmental significance under the EPBC Act.

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