EPBC Act Reforms | 5-Minute Overview

Major changes are underway with the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act).  These changes will have significant impacts for landholders and land-based projects and businesses, through new requirements for federal environmental approvals and tougher enforcement actions.  It promises major changes for those in property development, mining, renewables, infrastructure and agriculture among others.

The first round of changes came into force at the start of December 2025.  Much of the detail is still to be finalised, with further rules and policies expected over the coming year.  Those involved with EPBC Act approvals and compliance and, more generally, any land-based activities involving vegetation clearance or land disturbance, must be on top of these changes. 

As a short primer, here is a quick overview of the reforms to date and what lies ahead.  Please contact our team if you would like any further information on what this may mean for you.

Key changes 

1. Vegetation clearance - expanded EPBC Act coverage 

EPBC Act approvals may now be required, regardless of prior continuous use, for:

• vegetation not cleared within the past 15 years, and
• vegetation clearance within 50m of a watercourse, wetland or drainage line within Great Barrier Reef catchment area (broadly coastal Queensland north of Gympie and west as far as the Great Dividing Range) 

2. More stringent tests to obtain approvals

• There must be no unacceptable impacts
• A net gain is required for significant environmental impacts that cannot be avoided or mitigated
• Compliance with new National Environmental Standards will be mandatory

3. National Environmental Standards (NES) - new policy instrument 

• Intended to set standards for managing key environmental matters
• First two NESs under preparation (with public consultation now partially complete):
  • Matters of National Environmental Significance, and
  • Offsets
• Further NESs expected to be released for public consultation shortly:
  • First Nations engagement
  • Community engagement, and
  • Environmental data and information standards

4. Enhanced enforcement (from 1 July 2026)

• A new regulator, the National Environmental Protection Agency, is being established with powers to investigate, impose fines and issue environmental protection orders
• A new environmental information service is also being established to improve collection, analysis and access to environmental information

5. Much higher penalties for breach (from 1 December 2026)

• For individuals: Currently maximum of $1.65m will change to maximum of $1.65m or 3x financial benefit gained from breach
• For companies: Currently maximum of $16.5m will change to maximum of $825m or 3x financial benefit or 10% of annual turnover

6. Streamlined approval process (from 1 December 2026)

• A new approval process will be allowed for some applicants, with limited documentation required and tighter timeframes
• Not available for fossil fuel projects

7. Bioregional Plans - new policy instrument (from 1 December 2026)

• These plans will involve mapping areas showing development zones and conservation zones
• Development zones will be areas in which specific activities can be undertaken without an EPBC Act approval, if requirements are met
• Conservation zones will be areas in which development is a no go unless it’s a matter of national importance and not a fossil fuel project 

8. For harm that cannot be avoided or mitigated: Less reliance on offsets / new funds and contributions / biodiversity certificates

• Offsets will likely be limited to local areas with stricter acceptability criteria (net gain requirements will apply)
• New government funds are being established to receive contributions in lieu of offsets
• Landholders can issue tradeable biodiversity certificates for offsets (these can be ‘stacked’ with carbon credits for the same land)  

9. Bilateral Agreements on accredited state approvals

• Agreement to be reached between federal and state government to recognise some state consents as acceptable for EPBC Act purposes
• Potential pathway to remove overlap of approval processes

Please contact our team members if you would like any more information on these changes.

Leanne O'Neill											Charles Schofield
Partner | Land Use & Management - Regulatory Compliance											Partner | Land Use & Management - Commercial Projects
E: loneill@ajandco.com.au  P: 07 3708 0917											E: cschofield@ajandco.com.au  P: 07 3708 0949