EPBC Act reforms imminent: Setting the scene for major changes

Introduction

For the second year in a row, environmental reforms are at the top of the national legislative agenda.

In 2024, the Australian Government introduced three “Nature Positive” Bills to reform the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act).¹  Despite having some success in implementing aspects of the 2022 Nature Positive Plan,²  these Bills (Nature Positive Bills) were withdrawn.

This year, the Government announced it was going to reignite and fast-track its reforms of the EPBC Act (EPBC Act Reforms).³

This means that the most significant changes to federal environmental laws in over 20 years will be thrust into the public debate, along with a range of interconnected issues: economic productivity, renewable energy, mining, nature and climate goals, the housing crisis, cultural heritage, and resources and energy security.

With indications that the bill to amend the EPBC Act will be introduced in early November 2025, this article highlights what you need to know about:

• Why the reignited EPBC Act Reforms are worth following
• The background to the reforms
• What’s changed since the 2022 Nature Positive Plan and Nature Positive Bills
• What’s on the agenda for this year’s EPBC Act Reforms

This is the first in a series of articles by our national Environment and Planning team on the EPBC Act Reforms. Subscribe to future updates here.

Why are the reignited reforms worth following?

The EPBC Act Reforms are poised to profoundly affect project proponents, communities, landowners, and businesses whose activities may impact matters of national environmental significance.

If the reforms are as far-reaching as currently indicated,⁴  they are likely to impact a range of sectors, most notably, energy (including renewables), resources (including critical minerals), housing, waste and the government sector. We anticipate that amendments to the EPBC Act will give rise to both risks and opportunities for business and government, especially those with dependencies on, or potential impacts to, nature and cultural heritage.

The EPBC Act Reforms present an opportunity for the Government to streamline and enhance decision-making processes, including by:

• Improving and strengthening the assessment and approval processes under existing bilateral frameworks.
• Introducing National Environment Standards and regional planning.
• Increasing certainty for developers by introducing “go zones” and “no go zones”.
• Leveraging findings from the Australian Government’s Productivity Commission.

Particular implications for biodiversity

Australia has committed to international obligations such as the Kunming Montreal Global Biodiversity Framework, which contains ambitious targets to halt extinctions, protect 30 per cent of land and waters, and have 30 per cent of degraded land and waters under effective restoration - each by 2030.⁵  Without reforms to the EPBC Act and concerted national efforts to achieve these goals, these targets may not be achieved.

The recent release of Australia’s first National Climate Risk Assessment Report by the Department of Climate Change, Energy, the Environment and Water (DCCEEW) also highlighted the need for urgent reform given the risk of widespread marine and terrestrial biodiversity loss driven by climate change.⁶

Background to the reforms and the Nature Positive Bills

The initial impetus for reform was Professor Graeme Samuel’s Independent Review of the EPBC Act (Samuel Review) conducted between 2019 and 2021.⁷  It recommended reforming the EPBC Act, including the establishment of a Federal Environment Protection Authority (EPA) and Environment Information Australia (EIA), and the development of a Nature Repair Market (NRM).

The findings and recommendations of the Samuel Review are still the driving force behind the need for the current EPBC Act Reforms.

The Australian Government responded to the Samuel Review with its 2022 “Nature Positive Plan”⁸  and the introduction of legislation including the Nature Positive Bills and the implementation of the Nature Repair Market.⁹ See timeline of events below.

The EPBC Act reforms were originally intended to follow a staged approach:

Stages of the reforms

What’s changed since the Nature Positive Bills?

We understand the EPBC Act Reforms will still be aimed at delivering:

• Stronger environmental protection and restoration.
• More efficient and robust project assessments.
• Greater accountability and transparency in decision-making.

The EPBC Act reforms are no longer proposed to proceed in stages. Instead, substantive changes to the Act will now be consolidated into a single bill, expected to be introduced in early November.¹¹

While a Federal EPA is still on the cards, the scope and extent of its powers is unclear. However, significant increases in civil and criminal liability provisions are expected.

The Nature Positive Bills proposed that the powers currently held by the Federal Minister for Environment and Water would instead be held by the EPA, with the Minister being able to “call in” certain decisions.

Under the current proposal, the Minister will reportedly:

• Retain decision-making powers, particularly for large mining and renewable energy projects.
• Have the power to delegate assessments to the Federal EPA and any State and Territory equivalents.¹²

In addition, the identification of “go zones” and “no go zones” has been proposed for renewable energy projects. However if “no go zones” are poorly researched or inappropriately selected, this could create challenges for project proponents.

While various stakeholders have sought the introduction of a “climate trigger” in the EPBC Act, to require assessment of projects based on their carbon emissions, we understand that this has now been ruled out.¹³  Minister for the Environment and Water, the Honourable Murray Watt, has indicated that the regulation of emissions will continue to be undertaken through the Safeguard Mechanism. However, project proponents may also be required to disclose their emissions and submit an emissions abatement plan.

What’s on the current agenda?

As of August 2025, DCCEEW had identified the following five key elements of the EPBC Act Reforms:

	Independent EPA: The Australian Government has committed to establishing a new Federal EPA that will bring together the range of regulatory functions under the EPBC Act into one, independent organisation. The specific powers of the EPA are something that will be closely watched. Opinions differ on whether the Federal EPA should have an approval function or be limited to assessment and enforcement. Under the current laws, the Federal Environment Minister ordinarily holds the approval power under the EPBC Act for “controlled actions”.
	National Environmental Standards: The Government has been developing a range of detailed standards against which projects will be assessed.14 There were nine standards originally recommended by Professor Samuel in the Samuel Review. Five of these were nominated for initial consultation: Matters of National Environmental Significance (MNES) Regional planning Restoration actions and restoration contributions Community engagement and consultation First Nations engagement and participation in decision making Depending upon their drafting, a widely noted benefit of such standards comes from having clear, measurable outcomes for activities regulated under the EPBC Act. The approvals function under the Act could be more readily carried out by State and Territory bodies under accredited assessment and approval frameworks, if that were to be supported. In our view, this will also be one to watch, and key to “streamlining” the assessment and approval process.
	Regional planning: The Government intends that regional planning under the amended EPBC Act will support better and faster decision-making, and help to restore, protect and manage the environment. Regional planning is a landscape and/or seascape scale approach to environmental planning, and it is a familiar aspect of environmental law and policy across Australian jurisdictions. While the details of the reforms are still yet to be confirmed, if handled well, regional planning could deliver real advantages to proponents and the environment alike. By evaluating land-use options at a broader scale, it has the potential to give proponents, landholders and communities greater clarity about the most suitable locations for infrastructure, industry, resource extraction, agriculture and environmental conservation. This can factor in national and regional priorities for economic growth, environmental protection and restoration, and cultural heritage, to mitigate potential cumulative impacts of development.
	Offsets and restoration contributions: The Government is also reforming environmental offset arrangements under the EPBC Act and has stated its intention to ensure these arrangements “deliver real gains for the environment and reduce delays for project developers.”15 The role of environmental offsets is a highly contested area of environmental law and policy in Australia, with several State and Territory schemes coming under scrutiny for purportedly failing to achieve the required environmental benefits. The current standard that prevails in Australian law is that a project achieves “no net loss” of biodiversity, although we are aware of some proponents who voluntarily provide a net gain. Separately, the NRM may also emerge as a critical mechanism through which to achieve nature protection and restoration goals under the Global Biodiversity Framework.
	Working with First Nations partners: The Government has also indicated that the EPBC Act Reforms will “recognise the importance of partnering with First Nations Peoples.”16 We understand a proposed standalone National Environment Standard for First Nations engagement and participation in decision making is currently in development.17 The EPBC Act Reforms may also be supported by changes to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). The Deputy Secretary of DCCEEW has described this Act and the EPBC Act as “two sides of the same coin”.18

In a briefing held on 21 October 2025, the Honourable Murray Watt stated that the reforms will focus on three pillars, as follows:

• Stronger environmental protections.
• Quicker approvals and assessments.
• The creation of an independent, national EPA.¹⁹

Although it is hard to be definitive based on the Government’s statements to date, we detect a slight shift in emphasis towards a subset of key issues, being economic productivity and streamlining project approval timeliness.

Additional improvements to existing frameworks for assessment and approval processes under the bilateral agreements with State and Territory governments are also proposed to improve streamlining, reduce duplication and provide more certainty in assessment processes.

When to expect the new bill?

The Australian Government is consulting with opposition members, industry groups and other stakeholders on aspects of the draft bill, ahead of the formal release of the bill.

We anticipate the Bill will be introduced to the Parliament sometime between 27 October and 6 November 2025.²⁰

What to look out for from Norton Rose Fulbright?

To support our clients through this period of national environmental law reform, we are developing a suite of initiatives to monitor and analyse the key elements of these changes. Our efforts will be tailored to the energy, mining, housing, waste, and government sectors. Sign up for future updates here.

Timeline of reforms to date

The timeline below sets out the key events leading up to the date of this article. As developments in this area are fast moving, we will continue to publish updates to keep you informed: