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The start, stop, and pass of Australia’s environmental protection laws

Written by Nicolina Holmes

 

Introduction

 

In late 2022, the Australian Government released its Nature Positive Plan – a highly anticipated solution to address the poor and deteriorating state of the country’s natural environment. A key proponent of the plan was new environmental laws that would amend the outdated Environment Protection and Biodiversity Act (EPBC Act).

 

From these new laws, which we explore in our EPBC Act reform article, only the Nature Repair Act was enacted; the rest of the reforms did not pass Parliament and were eventually shelved in February 2025.

 

With the need to protect, manage and repair our country’s vast and tranquil natural environment still high on the Government’s agenda, a new environmental protection reforms package was introduced and passed in Parliament in November 2025.

 

This new package includes three key environmental laws – the Environment Protection Reform Act, National Environment Protection Agency Act and Environment Information Australia Act.

 

In this article we explore the key aspects of each new piece of legislation as well as their role in shaping a more protected, sustainable and prosperous environment and economy. We also provide an update on the progress of the Nature Repair Act and its establishment of the world’s first biodiversity market.

 

 

 

 

 

 

 

 

The Environmental Protection Reform Act: steering the reforms

 

The Environmental Protection Reform Act is the centrepiece of the new reforms package specifying the amendments to the EPBC Act, and other related Acts.

 

Below are some of the key amendments to the EPBC Act. Some of these commenced on 2 December 2025 and 20 February 2026, whereas most others will take effect in July and some in December 2026, unless an earlier date is proclaimed.

 

New measures to strengthen protection efforts

The Environmental Minister will remain responsible for approving environmental proposals submitted by State and Territory governments, businesses, developers, etc., however there are new matters for which the Minister must consider in their assessment.

 

The proposal must:

  • meet the requirements of the relevant National Environmental Standard; new statutory instruments setting expectations for activities regulated under the EPBC Act
  • avoid or minimise environmental impacts that have caused, will cause or are likely to cause significant harm to protected matters (unacceptable impacts)
  • ensure any significant environmental impacts that cannot be avoided, mitigated or repaired (residual significant impacts) pass the nets gains test by either offsetting the impact or paying a restoration contribution charge.

 

Other protection measures introduced by the reforms include increased criminal penalties, a new civil penalty formula, new environment protection orders that can be issued in urgent circumstances, and stronger auditing powers.

 

A streamlined process for more efficient and effective approvals

Improvements have been introduced to the assessment and approvals process to help reduce timeframes, ensure better environmental outcomes and allow for consistent decision-making.

 

These include, but are not limited to:

  • the consolidation of three existing assessment pathways into one, and updating remaining pathways
  • the lapsing of ‘not controlled action’ decisions for projects that have not commenced after five years
  • allowing an assessment pathway to be changed if a more suitable pathway is found
  • allowing for certain minor works to commence while the action is still under assessment, if agreed to by the Environment Minister
  • simplifying requirements for the environmental authorisation process
  • the introduction of a new fast-track option for certain projects.

 

Stronger enforcement and information sharing for greater accountability

Two new independent entities will be established: the National Environment Protection Agency and the Head of Environment Information Australia.

 

These new entities, regulated by the National Environment Protection Agency Act and Environment Information Australia Act respectively, aim to ensure environmental protection and conservation through improved oversight and data collection. More on these Acts below.

 

 

 

 

 

 

The National Environment Protection Agency Act: improving oversight and accountability

 

The National Environment Protection Agency Act (NEPA Act) establishes the powers and responsibilities of the new National Environment Protection Agency (NEPA) and its CEO. This independent regulator will be granted functions under several environmental laws, including the revised EPBC Act, to help support decision-making and ensure that these laws are appropriately enforced and complied with.

 

 

These include, but are not limited to:

  • issuing Environment Protection Orders (EPOs) to a person or business conducting activities that are presenting or could present serious harm to the environment and specifying the requirements of the EPO
  • requesting compliance audits be undertaken by an inspector or registered auditor on a range of environmental activities covered by a relevant authority, permission, exemption or order
  • specifying how provisions of the environmental protection reforms should apply to certain areas or matters, as it relates to their authority under the EPBC Act
    performing environmental assessments and approvals that have been delegated to them by the Minister.

 

 

The Environment Information Australia Act: guiding informed decisions

 

Environment Information Australia has been collecting and disseminating nation-wide environmental data and information since 2023.

 

The Environment Information Australia Act (EIA Act) will establish a Head position for Environment Information Australia. This leadership position will be granted functions to help improve the quality of the environmental data being collected and the framework for reporting.

 

These include, but are not limited to:

  • consulting with and sourcing data from a range of scientific, academic and Government bodies, and disclosing it to the Environment Minister, CEO of NEPA and, in some cases, the public
  • declaring, and recording in an online register, environmental information sources deemed critical to the Minister’s and CEO’s understanding of the environment as it pertains to their regulatory responsibilities (National Environmental Information Assets)
  • producing a State of the Environment report every two years that contains information and trend analysis pertaining to the state of the environment and the nation’s progress towards its environmental goals
  • identifying and monitoring environmental economic accounts and providing a statement to the Minister once every twelve months of the most significant, with economic consequence or most representative of key environmental or economic areas.

 

 

 

 

 

Update on the Nature Repair Act and Nature Repair Market

 

The Nature Repair Act legislates the Nature Repair Market – a national, voluntary scheme aimed at incentivising actions that foster nature conservation and restoration.

 

At the time of publishing our previous article, the market had not opened. The market is now in operation and available to nature repair projects that fit within specified methods.

 

The methods are instructions for how a project needs to be carried out in order to achieve a biodiversity outcome. There is currently the Replanting native forest and woodlands ecosystems method available, and the Enhancing native vegetation method and Protect and Conserve method currently in development.

 

Successful projects receive a biodiversity certificate, and these certificates can be used to offset residual significant impacts if allowed by the method conditions. This was a new provision added to the Nature Repair Act as part of the new environmental protection reforms.

 

 

 

 

 

 

Keeping on top of the environmental protection reforms and other important matters with Environment Essentials

 

The environmental protection laws have passed and what comes with them is a new framework for protection and conservation for the country. This article tells you what we know so far, but there is still more to come on this environmental journey including the implementation of the National Environmental Standards and more Nature Repair Market methods.

 

You can stay abreast and informed of these upcoming developments and many more through our EnviroLaw update email service, HSE news and information service HSE Bulletin, and our newsletter, The Essentials.

 

To see how this is possible, sign up for a free Environment Essentials trial or get in touch. To subscribe for our free newsletter, click here.

 

 

 

 

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