Reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) have passed Parliament following a last-minute deal reached between the Labor government and the Greens on the final sitting day for 2025. The amendments represent the most significant environmental law reforms since the EPBC Act commenced in 2000, heralding “a new era for the environment and productivity in Australia”, according to Prime Minister Albanese.

As summarised in our previous Insight, the reform package to the EPBC Act comprises seven Acts:

• Environment Protection Reform Act 2025 (Reform Act);
  
• National Environmental Protection Agency Act 2025 (NEPA Act);
  
• Environment Information Australia Act 2025 (EIA Act);
  
• Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025 (Restoration Charge Act); and
  
• three separate acts concerning the imposition of general, customs and excise charges under the EPBC Act.

The Acts passed on 28 November 2025, with some elements, namely the transitional provisions and the provisions enabling establishment of the National Environmental Standards (NES), to commence following Assent. 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 balance of the Reform Act’s provisions will commence upon proclamation or within 12 months.

This insight explores how key parts of the EPBC Act have changed. We unpack key amendments resulting from the deal and in response to submissions received from the business community, and consider the new draft NES that are open for public comment until 30 January 2026.

Key reforms to environmental law

Several key changes have been introduced.

National Environment Protection Agency (NEPA)

Relevant legislation: EPBC Act, section 515AAA and Part 17 and NEPA Act

The NEPA Act establishes the National Environment Protection Agency. Its core functions are to undertake compliance and enforcement activities, including undertaking audits, issuing environment protection orders (EPOs) and monitoring and auditing the operation of bilateral agreements and bioregional plans.

In response to concerns from the business community, amendments were passed to limit the duration of EPOs to a maximum of 14 days (which the CEO of NEPA can only extend by an additional 14 further days). The Minister for Environment and Water (Minister) may delegate any functions (including the power to assess and approve projects), other than those specified in section 515(1A), to the CEO of NEPA.

The CEO of NEPA’s enforcement powers are set out by way of amendments to Part 17 (Enforcement) of the EPBC Act, including powers relating to environment protection orders under a new Division 13A.

Head of Environment Information Australia (HEIA)

Relevant legislation: EIA Act

The EIA Act establishes the Head of Environment Information Australia, an independent leadership position responsible for improving the national availability and accessibility of high-quality environmental data and information.

The HEIA will also be responsible for producing State of Environment reports every two years, establishing environmental economic accounts and declaring national environmental information assets (such as a public environment data portal). The first report must be prepared no later than 15 December 2028 (schedule 3, part 2, section 4).

National Environmental Standards (NES)

Relevant legislation: EPBC Act, Part 19B Draft NES

The Minister has new powers to make National Environmental Standards in the form of legislative instruments.

The NES are subject to ‘no regression principles’ under section 514YG, which prevent future variations or revocations to NES weakening environmental protections. To date, two draft NES have been released for public consultation:

• Matters of National Environmental Significance; and
  
• Offsets.

The NES need to be taken into account in exercising several functions under the EPBC Act, including at the approval stage of a controlled action under section 136B (discussed below). Further details on NES are outlined below.

Assessment pathways for controlled actions

Relevant legislation: EPBC Act, Part 8, Division 5A and amendments to section 87

A new 30-day ‘streamlined assessment’ pathway is introduced, replacing the following assessment methods for controlled actions: assessment on referral documentation and a public environment report.

‘Fossil fuel actions’ (that involve producing or extracting petroleum or coal) are expressly excluded from streamlined assessment under section 87(5A).

All assessment pathways for a controlled action now require a proponent to disclose estimates for scope 1 and 2 greenhouse gas emissions under section 33 and Chapter 4, Divisions 4, 5A, 6 and 7. Further details are outlined below.