- within Environment, Law Department Performance and Transport topic(s)
- in United States
The long-awaited amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the bills establishing the National Environmental Protection Agency (NEPA) and Environment Information Australia, as well as the associated bills relating to fees and charges, have passed the Senate and the House of Representatives following a deal between the Australian Government and the Greens.
Material changes to the original Bills
There are a number of amendments to the Bills that passed the House of Representations (summarised in our previous here), significantly including:
- changes to the definition of "unacceptable impact":
- the definition for each protected matter is limited to a significant impact that causes / undermines / seriously impairs the relevant impact, removing the more extensive proposed definition that would have included a significant impact that 'will' or 'is likely to' cause / undermine / seriously impair;
- the definition of 'seriously impair' is amended: 'A significant impact of an action seriously impairs something if, compared to the action not being taken, the impact results in an impairment or alteration of the thing that is of a severe nature and extent,' rather than the potentially more general 'serious alteration for the worse'; and
- the unacceptable impact definitions relating to 'serious damage' to critical habitat of protected species are similarly clarified such that a significant impact of an action causes serious damage if the damage is of a severe nature and extent;
- a change to the requirement that decisions be "not inconsistent with" the National Environmental Standards (Standards), so that decisions must now "be consistent with" the Standards;
- an ability to extend the lapsing date for "not a controlled action" decisions and registration of priority actions for bioregional plans;
- re-inclusion of the restriction on bilateral agreements being able to be used for the water trigger;
- changes to the grandfathering provisions to limit the application of those provisions in relation to land clearing where land has not been cleared for at least 15 years, or where the clearing is within 50 metres of a watercourse, wetland or drainage line within the defined Great Barrier Reef Marine Park catchment area;
- re-inclusion of the preliminary documentation assessment process;
- exclusion of "fossil fuel actions" (coal and gas) from the streamlined assessment process, national interest proposal or national interest exemption, and from potential o be a priority class of actions specified in a bioregional plan;
- restrictions on the use of restoration contributions charges (financial offsets) for matters subject to a protection statement; and
- some guardrails around the use of environmental protection orders.
What about the Senate Inquiry?
Debate in the Senate yesterday noted that the EPBC Act reform package had been referred to the Senate Environment and Communications Legislation Committee and, although some public hearings occurred in recent weeks, submissions do not close until 5 December 2025 and the Inquiry is due to report by 24 March 2026. Minister Watt indicated during debate yesterday that the Committee is expected to complete its Inquiry and report.
National Environmental Standards consultation
A draft Matters of National Environmental Significance Standard and draft Environmental Offsets Standard are currently out for public consultation, with submissions due by 30 January 2026 (link here).
Minister Watt has indicated that formal notification of these draft Standards will occur in early 2026, and that draft Standards for First Nations Engagement, Community Consultation and Data and Environmental Information will also be available shortly.
When does the EPBC Act reform package take effect?
The headline amendments to the EPBC Act under the Environment Protection Reform Act 2025 passed both houses today, 28 November 2025, and the six related Bills passed yesterday.
Some elements of the EPBC Act reforms will commence the day after assent, expected shortly, in particular the application and transitional provisions, and the provision for establishment of the Standards.
The National Environmental Protection Agency Act 2025 (NEPA Act) and Environment Information Australia Act 2025 will commence on 1 July 2026, together with the parts of the EPBC Act reforms that relate to powers and functions of the CEO of the new NEPA.
The remainder of the general EPBC Act reforms (including amended approval pathways, the new definition of "unacceptable impacts", net gain and Standards consistency tests, and the new penalties provisions) will commence on proclamation or within 12 months, expected to align with commencement of the NEPA Act from 1 July 2026.
The substantive provisions of the four charges Acts will similarly commence on proclamation (expected 1 July 2026 to align with the substantive reform package), or at the latest 12 months after assent.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
