{"id":"F2026L00116","name":"Environment Protection Reform (February Commencements) Transitional Rules 2026","slug":"environment-protection-reform-february-commencements-transitional-rules-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443138,"registerId":"F2026L00116-fast-fetch-1775958054407","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection Reform (February Commencements) Transitional Rules 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEnvironment Protection Reform (February Commencements) Transitional Rules 2026\n\nI, Murray Watt, Minister for the Environment and Water, make the following rules.\n\nDated  18 February 2026\n\nMurray Watt\n\nMinister for the Environment and Water\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Strategic assessments\n\n5 Schedule 1, items 259 and 260\n\n6 Schedule 1, item 271\n\n7 Schedule 1, item 272\n\n8 Schedule 1, items 278 to 282\n\n9 Schedule 1, item 287—Subdivision D of Division 1 of Part 10\n\n10 Schedule 1, item 591—definition of approval\n\n11 Schedule 1, item 613\n\nPart 3—National interest exemption\n\n12 Schedule 1, item 292\n\n13 Schedule 1, items 432 and 433\n\nPart 4—Statutory committees\n\n14 Schedule 1, item 557\n\n15 Schedule 1, item 563\n\n16 Schedule 1, item 564\n\nPart 5—Wildlife trade\n\n17 Schedule 1, items 438, 441, 443 and 444\n\n18 Schedule 1, item 445\n\n19 Schedule 1, items 447 and 448\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Environment Protection Reform (February Commencements) Transitional Rules 2026.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 20 February 2026\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under item 715 of Schedule 1 to the Environment Protection Reform Act 2025.\n\n4  Definitions\n\n  In this instrument:\n\namending Act means the Environment Protection Reform Act 2025.\n\ncommencement day means 20 February 2026.\n\nprincipal Act means the Environment Protection and Biodiversity Conservation Act 1999.\n\nPart 2—Strategic assessments\n\n \n\n5  Schedule 1, items 259 and 260\n\n (1) The amendment of section 146A of the principal Act made by item 259 of Schedule 1 to the amending Act applies in relation to a policy, plan or program endorsed by the Minister, whether the policy, plan or program is endorsed before, on or after the commencement day.\n\n (2) The amendment of section 146A of the principal Act made by item 260 of Schedule 1 to the amending Act applies in relation to an approval under section 146B of the principal Act, whether the approval is granted before, on or after the commencement day.\n\n6  Schedule 1, item 271\n\n  Section 146CA of the principal Act, as inserted by item 271 of Schedule 1 to the amending Act, applies in relation to a decision made on or after the commencement day as to whether or not to approve the taking of an action or class of actions in accordance with an endorsed policy, plan or program, whether the policy, plan or program is endorsed by the Minister before, on or after the commencement day.\n\n7  Schedule 1, item 272\n\n  The amendments of section 146D of the principal Act made by item 272 of Schedule 1 to the amending Act applies in relation to an approval granted under section 146B of the principal Act, whether the approval was granted before, on or after the commencement day.\n\n8  Schedule 1, items 278 to 282\n\n  The amendments of section 146E and 146F of the principal Act made by items 278 to 282 of Schedule 1 to the principal Act apply in relation to a decision mentioned in section 146E that is made on or after the commencement day, whether the decision relates to a policy, plan or program endorsed, or an approval granted, before, on or after the commencement day.\n\n9  Schedule 1, item 287—Subdivision D of Division 1 of Part 10\n\n  Subdivision D of Division 1 of Part 10 of the principal Act, as inserted by item 287 of Schedule 1 to the amending Act, applies on and after the commencement day in relation to a proposal to take a larger action as mentioned in subsection 146N(1) of the principal Act, whether an approval of the component action mentioned in that subsection was granted before, on or after the commencement day.\n\n10  Schedule 1, item 591—definition of approval\n\n  The definition of approval inserted in the principal Act by item 591 of Schedule 1 to the amending Act applies in relation to an approval mentioned in paragraph (a) or (b) of the definition, whether the approval was granted before, on or after the commencement day.\n\n11  Schedule 1, item 613\n\n  The amendment of the definition of holder in section 528 of the principal Act made by item 613 of the amending Act applies in relation to an approval or permission mentioned in paragraph (a), (b), (c) or (d) of the definition, whether the approval or permission was granted before, on or after the commencement day.\n\nPart 3—National interest exemption\n\n \n\n12  Schedule 1, item 292\n\n  An application made under Division 3 of Part 11 of the principal Act before the commencement day, in relation to which the Minister has not made a decision before that day, is taken, on and after the commencement day, to be an application made under Division 3 of Part 11 of the principal Act as inserted by item 292 of Schedule 1 to the amending Act.\n\n13  Schedule 1, items 432 and 433\n\n  An application made under section 303A of the principal Act before the commencement day, in relation to which the Minister has not made a decision before that day, is taken, on and after the commencement day, to be an application made under section 302C of the principal Act as inserted by item 432 of Schedule 1 to the amending Act.\n\nPart 4—Statutory committees\n\n \n\n14  Schedule 1, item 557\n\n  Subsections 505B(4) and (5) of the principal Act, as inserted by item 557 of Schedule 1 to the amending Act, apply:\n\n (a) in relation to a request made on or after the commencement day; and\n\n (b) in relation to a requirement or permission, whether the requirement or permission came into existence before, on or after the commencement day.\n\n15  Schedule 1, item 563\n\n  The amendment of paragraph 505D(2)(b) made by item 563 of Schedule 1 to the amending Act applies in relation to a request made on or after the commencement day.\n\n16  Schedule 1, item 564\n\n  Subsections 505D(5) and (6) of the principal Act, as inserted by item 564 of Schedule 1 to the amending Act, apply:\n\n (a) in relation to a request made on or after the commencement day; and\n\n (b) in relation to a requirement or permission, whether the requirement or permission came into existence before, on or after the commencement day.\n\nPart 5—Wildlife trade\n\n \n\n17  Schedule 1, items 438, 441, 443 and 444\n\n  The amendments of sections 303CF, 303DF, 303EH and 303EM of the principal Act made by items 438, 441, 443 and 444 of Schedule 1 to the amending Act apply, on and after the commencement day:\n\n (a) whether the application concerned was made before, on or after the commencement day; and\n\n (b) whether the request for further information concerned was made before, on or after the commencement day.\n\n18  Schedule 1, item 445\n\n  The amendment of subsection 303FN(6) of the principal Act made by item 445 of Schedule 1 to the amending Act applies in relation to a declaration made under subsection 303FN(2) of the principal Act on or after the commencement day.\n\n19  Schedule 1, items 447 and 448\n\n (1) Subsection 303GK(5) of the principal Act, as inserted by item 447 of Schedule 1 to the amending Act, applies in relation to a permit, whether the permit was granted before, on or after the commencement day.\n\n (2) Subsection 303GL(4) of the principal Act, as inserted by item 448 of Schedule 1 to the amending Act, applies in relation to a certificate, whether the certificate was issued before, on or after the commencement day.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard transitional instrument with limited, technical scope. It does not expand the substantive policy of the underlying reforms; it merely governs the timing and application of those reforms to existing and new matters. The scope remains strictly limited to transitional arrangements."},"complexity_factors":["Heavy reliance on cross-references to the Environment Protection Reform Act 2025 and the Environment Protection and Biodiversity Conservation Act 1999 (the 'principal Act') without reproducing those provisions","19 discrete provisions each dealing with specific 'items' from the amending Act's Schedule 1, requiring readers to map between three documents (Transitional Rules, Amending Act, Principal Act)","Complex temporal application clauses using standard legislative formulas ('whether... before, on or after the commencement day') that create conditional logic","Specific transitional mechanics for 'pending' applications (deeming them to be made under new provisions) in sections 12-13","Minimal defined terms (only 4 definitions) but heavy use of defined terms from external legislation ('principal Act', 'amending Act', 'commencement day')"],"plain_english_summary":"This instrument sets transitional rules to smooth implementation of the Environment Protection Reform Act 2025 from 20 February 2026, specifying when and how the new EPBC framework applies to ongoing decisions, applications, approvals and requests. \n\nIt covers strategic assessments, national‑interest exemptions, advisory committee procedures and wildlife trade permits so developers, regulators and permit applicants know which rules govern matters spanning the reform date, providing legal certainty and preventing inconsistent treatment of ongoing projects."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument extends the temporal reach of the amending Act: it makes many new or amended provisions apply to approvals, permits, applications, requests and decisions irrespective of whether they occurred before commencement, and it converts certain pending applications to be considered under the reformed provisions (see provisions applying to approvals, applications and pending decisions throughout Parts 2–5). This alters which matters fall within the new regime without changing the substantive text of those amendments."},"complexity_factors":["Widespread temporal application: many amendments are declared to apply regardless of whether the approval, application, request or decision arose before, on or after commencement (see multiple provisions in Parts 2–5).","Numerous cross-references to Schedule 1 items in the amending Act, requiring mapping between this instrument, the amending Act and the principal Act.","Conversion of pending applications: some pending matters are taken to be applications under newly inserted divisions (eg. Division 3 of Part 11 and section references in Part 3).","Multiple subject areas covered (strategic assessments, national interest exemptions, statutory committees, wildlife trade), raising coordination and interpretation needs for administrators.","Potential for interpretive disputes about retrospective effect and which decisions are ‘approval’, ‘request’ or ‘permission’ for transitional purposes (interplay with altered definitions)."],"plain_english_summary":"These transitional rules, commencing 20 February 2026, specify how amendments made by the Environment Protection Reform Act 2025 start to operate. They direct that many new or changed provisions of the principal environment law apply to decisions, approvals, permits and applications whether those actions occurred before, on or after commencement, and convert certain pending applications to be dealt with under the new rules.\n\nThe rules affect project proponents, applicants, permit/certificate holders and the Minister/committees by changing which procedural tests and statutory definitions apply, shifting administrative obligations, compliance costs and decision‑making discretion."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-reform-february-commencements-transitional-rules-2026","history":"/api/acts/environment-protection-reform-february-commencements-transitional-rules-2026/history","analysis":"/api/acts/environment-protection-reform-february-commencements-transitional-rules-2026/analysis","conflicts":"/api/acts/environment-protection-reform-february-commencements-transitional-rules-2026/conflicts","importantCases":"/api/acts/environment-protection-reform-february-commencements-transitional-rules-2026/important-cases","documents":"/api/acts/environment-protection-reform-february-commencements-transitional-rules-2026/documents"}}