Explaining the proposed EPBC Act reforms

The federal Minister for the Environment and Water, Murray Watt, last week announced proposed reforms to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Driven by ambitious climate goals and unfavourable delays in the current approval system, the government plans to introduce ‘go’ and ‘no-go’ zones, which will identify areas where projects can proceed without extensive applications, and areas where development cannot occur under any circumstances. Environmental Consultant Holly Hanley explains what the reforms may mean for developers and projects.

The reforms will focus on moving from a project-to-project approvals approach towards a regional planning approach to more effectively manage cumulative impacts. The aim is to better support Australia’s transition to renewables and assist with reaching a goal of 82% renewable energy generation by 2030. The details of the reform are expected to be announced in November.

Are any specific locations listed?

Right now, no specific zones have been officially announced. The government is still in the early stages of planning, learning from pilot programs in several states. In NSW, a regional pilot program is being trialled to manage tensions between environmental values and urban development on the Central Coast and Lake Macquarie. In QLD and VIC, these pilot programs are driven by improving clarity around sensitive habitats and ecosystems. These pilots will shape how zones are rolled out across Australia.

What exactly does this mean for approvals processes moving forward?

Whilst there’s no clear direction yet, the concept of regional ‘go’ and ‘no-go’ zones is being built upon three pillars:

1.      Efficiency

A quicker more efficient approvals process by reducing assessments required for certain areas will significantly cut down on delays.

2.      Clarity

Improving transparency about environmental decisions means developers will know upfront where projects can or cannot be built.

3.      Environmental protection

Improved environmental protection to safeguard critical habitats and biodiversity and prevent irreversible damage at the expense of nature.

In short, the system is designed to save time for businesses while keeping environmental values in the picture.

Does this impact existing approvals?

At this stage, the reforms will impact future developments. Existing approvals are unlikely to be affected unless a modification or additional assessment is required due to operational or policy changes. These zones will need to be taken into consideration when planning for upcoming projects to ensure compliance.

When will these changes commence?

The government plans to introduce the new legislation by the end of the year. This will include establishing regional planning zones and a national environment protection agency to implement and enforce the reformed EPBC Act. If the legislation passes, there will likely be consultation and implementation phases, meaning the zones may not be fully operational until well into 2026.

These reforms are an opportunity to help Australia reach its renewable energy targets. At Onward, we work with you to understand changes to legislation and ensure your company has the best knowledge and experience when it comes to delivering critical infrastructure. If you have more questions about how these changes might affect you or your company, reach out to our team of experts who can help guide you.