EPBC Act Reforms | 5-mintue 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 for federal environmental approvals and 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, 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 feel free to contact our team if you would like any further information on what this may mean for you.

Key Changes 

Vegetation Clearance - Expanded EPBC Act Coverage 

Now includes:

• vegetation not cleared in the past 15 years, and
• vegetation 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

• No unacceptable impacts
• Net gain required for significant impacts that cannot be avoided or mitigated
• Compliance with new National Environmental Standards

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 complete):
  • Matters of National Environmental Significance, and
  • Offsets
• Further NESs expected for released for public consultation shortly:
  • First Nations engagement
  • Community engagement, and
  • Environmental data and information standards.

4. Enhanced Enforcement (from 1 July 2026)

• National Environmental Protection Agency - A new regulator with powers to investigate, impose fines and issue environmental protection orders
• New information service to improve collection, analysis and access to environmental information

5. Much Higher Penalties (from 1 December 2026)

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

6. Streamlined Approval Process (from 1 December 2026)

• Limited documentation required and tighter timeframes
• Not for fossil fuel projects

7. Bioregional Plans - New Policy Instrument (from 1 December 2026)

• Map of areas showing development zones and conservation zones
• Development zones will specify permitted activities that can be undertaken within zone if requirements met
• Conservation zones will specify where development is 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 likely limited to local areas with stricter acceptability criteria
• New government funds to receive contributions in lieu of offsets
• Landholders can issue tradeable biodiversity certificates for offsets (can be stacked with carbon credits)  

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