Updated - Explaining the proposed EPBC Act reforms
Since we first published about the reforms on 15 September, the Federal Minister for the Environment and Water, Murray Watt, has continued to advance major reforms to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), signalling the most significant shift in national environmental law in a generation.
Since the government first outlined its intention to create national ‘go’ and ‘no-go’ development zones, the reform package has progressed rapidly, with new legislation now before Parliament and further detail emerging about how the new system may operate.
Environmental Consultant Holly Hanley summarises the latest developments and what they mean for proponents navigating an increasingly complex approvals landscape.
A move toward regional planning
The government remains committed to moving away from project-by-project assessments toward a regional planning model that better manages cumulative impacts and supports Australia’s transition to renewable energy.
To implement this shift, the Environment Protection Reform Bill 2025, along with several supporting Bills, has now been introduced in Parliament. The Bills confirm the establishment of a new National Environment Protection Agency (NEPA) to enforce standards and oversee assessment quality, while the Minister will retain final approval authority for major projects.
What’s new since September
Several key elements of the reform program have now been clarified:
No-go and go zones still undefined
The government has not released mapped zones. Pilot programs in NSW, QLD and VIC continue to inform how these zones may be rolled out, but no regions have been formally identified.
‘Unacceptable impact’ thresholds being formalised
The proposed laws introduce clearer definitions of unacceptable environmental harm – including scenarios where projects could contribute to species extinction or irreversible biodiversity loss. These thresholds are likely to become central to risk assessments for major infrastructure.
States to gain greater assessment powers
The reforms provide for expanded bilateral agreements, allowing states to conduct more assessments on behalf of the Commonwealth and reducing duplication across jurisdictions. This is expected to change assessment pathways for many projects, particularly in NSW.
Legislation expected to pass by end of 2025
The timeline remains ambitious. If the Bills pass later this year, implementation, including NEPA establishment, transition arrangements and the rollout of regional plans, will extend well into 2026.
What it means for proponents
While the intent of the reforms is improved certainty and faster decisions, there are still practical considerations for developers:
early-stage projects should assume the new framework will apply, particularly where regional planning or biodiversity risks are relevant
existing approvals are unlikely to be affected, but modifications or new applications may trigger assessment under the updated regime
due diligence expectations will rise, with clearer environmental standards and potentially stricter thresholds for sensitive species and habitats
assessment timelines may shift as NEPA takes shape and bilateral agreements increase the role of state regulators
for major renewables, linear infrastructure and urban development projects, these reforms may influence site selection, feasibility assessments and program timeframes
Our view
The EPBC reforms mark an important step in aligning national environmental law with Australia’s renewable energy ambitions. While the direction is clear, the detail, especially around zoning, standards and transitional rules, is still emerging.
Onward continues to monitor the rollout of the reform package and what it means for proponents planning or lodging approvals over the next 12–24 months.
If you’d like tailored advice on how the changes may affect your project, our expert team can help you navigate the path forward.
