What this Act does, in plain language (mechanics first)
The Act creates a legal power for the Commonwealth to impose four types of charges connected to decisions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act):
a restoration contribution charge when an approval for an action contains a condition requiring payment (Part 2, s8);
a bioregional plan registration charge when a priority action is registered in a bioregional plan (s9);
a national interest exemption charge when a national interest exemption is granted (s10(1)); and
a Part 13 exemption charge when a Part 13 exemption is granted (s10(2)).
The Act specifies who pays each charge: generally the approval or exemption holder or the person specified in the approval or registration (ss11–13). Regulations can exempt particular persons or classes from paying the bioregional, national interest or Part 13 charges (ss12(2),13(3)-(4)).
The Act does not set dollar amounts itself. Instead it requires the amounts or the method for calculating them to be prescribed by regulation (ss14–16). Each amount must be greater than zero. Regulations may provide different methods or amounts for different actions, classes of actions, different kinds of residual impacts, and different bioregional plans (ss14(2),15(2)).
This Act establishes a statutory framework for imposing four specific charges connected to decisions made under the Environment Protection and Biodiversity Conservation Act 1999. Section 8 imposes the restoration contribution charge on the grant of an approval of an action under subsection 133(1) of the EPBC Act where a condition requires payment in relation to a residual significant impact of the action. The same section extends the charge to approvals of actions or classes of actions granted under subsection 146B(1) of the EPBC Act. Section 9 imposes the bioregional plan registration charge on the registration of a priority action under subsection 177BN(7) of the EPBC Act. Section 10 imposes the national interest exemption charge on the grant of a national interest exemption for an action and the Part 13 exemption charge on the grant of a Part 13 exemption for an action. Sections 14 to 16 provide that the amounts of each charge, which must be greater than zero, are to be worked out in accordance with methods prescribed by regulation or, in the case of the bioregional plan registration charge, national interest exemption charge and Part 13 exemption charge, may be a flat amount prescribed by regulation. The Act binds the Crown in right of each State, the Australian Capital Territory and the Northern Territory but does not bind the Crown in right of the Commonwealth. It extends to the external Territories and applies to acts, omissions, matters and things outside Australia. Section 6 ensures the Act does not impose a tax on property of any kind belonging to a State within the meaning of section 114 of the Constitution. Section 17 requires the Minister to cause regular independent reviews of the operation of regulations made under section 18, with the first review commencing as soon as practicable after the end of 24 months after commencement of the Act and subsequent reviews commencing as soon as practicable after the end of five years after the most recent review report. The regulations may prescribe matters required or permitted by the Act or necessary or convenient for carrying out or giving effect to the Act. This Act forms part of a package of seven bills that implement the second and final stage of the Albanese Government's response to the 2020 Independent Review of the Environment Protection and Biodiversity Conservation Act 1999, known as the Samuel Review. The package introduces national environmental standards, unacceptable impacts provisions, a net gain test, restoration charges in lieu of environmental offsets, reforms to the national interest exemption, streamlined approvals and accreditation pathways, reforms to the nuclear actions trigger, improved compliance and enforcement powers, and increased penalties. The substantive provisions enabling the conditions that trigger these charges are contained in the Environment Protection Reform Bill 2025, while this Act supplies the constitutional authority to impose the charges themselves.
Official source available
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Part of a package of 7 bills to implement the recommendations of the 2020 Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (the Samuel Review), the bill imposes charges relating to actions taken under the Environment Protection and Biodiversity Conservation Act 1999, including certain approvals containing conditions requiring the payment of a restoration contribution charge, the registration of priority actions in a bioregional plan, and the grant of national interest and Part 13 exemptions.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
30 Oct 2025
Second reading moved
30 Oct 2025
Second reading debate
04 Nov 2025
Second reading debate
05 Nov 2025
Second reading debate
06 Nov 2025
Second reading agreed to
06 Nov 2025
Consideration in detail debate
06 Nov 2025
Third reading agreed to
06 Nov 2025
Senate
Introduced and read a first time
24 Nov 2025
Second reading moved
24 Nov 2025
Second reading debate
27 Nov 2025
Second reading agreed to
27 Nov 2025
Committee of the Whole debate
27 Nov 2025
Third reading agreed to
27 Nov 2025
Finally passed both Houses
27 Nov 2025
Assent
Act no: 67
Year: 2025
01 Dec 2025
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
The Minister must commission independent reviews of how the regulations operate. The first review starts as soon as practicable after 24 months from commencement; subsequent reviews recur following publication of the previous review report (s17). The Minister must publish review reports and the government’s response (s17(6)).
Broad interpretation and application points: the Act binds State and Territory Crowns but not the Commonwealth Crown, extends to external territories and extra‑territorial acts, and preserves the constitutional protection of State property from taxation (ss3–6). It imports multiple definitions from the EPBC Act (s7).
Who this affects
Project proponents, approval holders and other persons who hold EPBC Act approvals or exemptions: they may face a charge as a condition of an approval or when a priority action is registered (ss8–10,11–13).
Persons specified in approvals as responsible for payment (s11(2)).
The Commonwealth Government (Minister and officials) because regulation-making power and review obligations sit with the executive (ss17–18).
Entities that will receive and use the funds are not named in this Act; the use and investment of the funds are handled through regulations and related legislation (see explanatory materials and the companion reform legislation).
Why it matters (official claim and practical implications)
Official claim: the measure is designed to let proponents discharge offset-like obligations by paying a charge into a Commonwealth-managed restoration mechanism instead of delivering site-specific offsets. The government says this should allow centralised delivery of restoration actions (Explanatory Memorandum; see Reform Bill links).
Practical implications and trade-offs to watch for:
Who pays and how much is left to regulations: the Act delegates key choices (calculation method, exemptions, classes of liable persons) to the regulation-making power (ss14–16,18). That means the scale of economic effect and distributional outcomes will depend on later rules.
Behavioural substitution: proponents authorised to pay may choose the monetary route instead of implementing on-site or near-site restoration. That centralises restoration responsibility with the Commonwealth (by design) but changes incentives for private landholders and developers (see ss8–11).
Compliance and administrative burden: the Act creates new charging points tied to approvals and registrations. The compliance cost for proponents will depend on the complexity of the charging method in regulation and how payment obligations are monitored and enforced.
Pricing risk and outcome risk: if the regulatory method under- or over-prices the ecological cost of residual impacts, payments may not deliver equivalent environmental outcomes; the Act does not itself set quality standards for how the money must be spent (ss14–16). Effective delivery depends on separate arrangements (for example, a restoration contributions holder and special account created elsewhere in the reform package).
Concentration of decision power and discretion: Ministers and regulators will determine amounts, exempt classes and the regulatory method (ss17–18). That generates concentrated incentives for affected industries to influence rule-making, and creates implementation risk if regulations or associated delivery mechanisms are delayed.
Transparency and review: the Act requires independent reviews of regulations (first review after ~24 months) and public publication of reports and responses (s17). That introduces periodic oversight but the timing and scope of reviews are themselves to be shaped by regulation (s17(4)).
Who pays, who decides, and what behaviour changes
Who pays: the approval or exemption holder or the person specified in the approval/registration (ss11–13). Regulations may exempt categories of payers (ss12(2),13(3)-(4)).
Who decides: the Parliament sets the Act; the Governor-General in Council (regulations) sets amounts and methods; the Minister commissions reviews and publishes results (ss17–18). Approval decisions that include a charge remain decisions under the EPBC Act, so ministers/decision-makers under that Act will continue to include such conditions.
Behaviour changes likely: proponents may opt to pay rather than provide offsets, approvals may carry new monetary conditions, and centralised restoration funding may become a routine compliance pathway depending on regulation design.
Key cross-dependencies and implementation risk
The Act is enabling and tightly coupled to the wider EPBC reform package: it references EPBC approvals, registrations and exemptions (s7 imports EPBC definitions). Delivery of restoration outcomes relies on companion measures (e.g., establishment of a restoration contributions holder, a special account and operational rules) contained in the Reform Bill and regulations rather than in this Act itself.
(References: sections cited in parentheses are to the Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025.)
Main concepts
The central concept is the restoration contribution charge, which allows an approval holder to discharge liability to compensate for residual significant impacts of a controlled action by paying a charge to the Commonwealth rather than establishing environmental offsets directly. Residual significant impact is defined by reference to the EPBC Act and refers to the remaining significant impacts after avoidance and mitigation measures have been applied. The charge is credited to the Restoration Contributions Special Account and administered by the Restorations Contribution Holder, an SES employee of the department, who may invest the funds to deliver restoration actions that achieve a net gain environmental outcome for matters of national environmental significance. A second concept is the bioregional plan registration charge, imposed when a priority action is registered under a bioregional plan made under new Part 12A of the EPBC Act. Bioregional plans identify development zones where priority classes of action may be taken, conservation zones where restricted actions may not be taken, and bioregional restoration measures. Registration of a priority action within a development zone triggers the charge. A third concept is the national interest exemption charge, imposed when the Minister grants a national interest exemption under new Division 3 of Part 11 of the EPBC Act, allowing an action to proceed even if it would otherwise have unacceptable impacts, fail to meet national environmental standards or fail the net gain test. A fourth concept is the Part 13 exemption charge, imposed when the Minister grants an exemption under Part 13 of the EPBC Act from certain wildlife protection provisions. The Act distinguishes between charges that may be calculated by a regulatory method, such as the restoration contribution charge, and charges that may be either a prescribed flat rate or calculated by a method, such as the bioregional plan registration charge. All charges must exceed zero. The regulations may prescribe different amounts or methods for different actions, classes of actions, residual significant impacts or classes of impacts, and may exempt specified persons or classes of persons from liability. The framework supports the broader policy of moving from proponent-led offsets to a pooled restoration fund model intended to deliver landscape-scale environmental outcomes.
Who it affects
The Act directly affects proponents who receive approvals under Part 9 or Part 10 of the EPBC Act that contain conditions requiring payment of a restoration contribution charge in relation to residual significant impacts. This includes holders of project approvals and persons specified in strategic assessment approvals as responsible for paying the charge. It affects persons in relation to whom a priority action is first registered under a bioregional plan, unless they fall within a class exempted by regulation. It affects persons to whom a national interest exemption or a Part 13 exemption is granted, again subject to possible regulatory exemptions. Because the charges are imposed as conditions of approvals or exemptions, the Act indirectly affects project developers, mining companies, energy producers, infrastructure proponents, agricultural enterprises and any other entities whose actions require assessment and approval under the EPBC Act. It also affects the Restorations Contribution Holder and the Restoration Actions Advisory Committee established under the accompanying reform legislation, as they will receive and apply the funds collected. State and territory governments are bound by the Act when they are proponents or when their actions require EPBC approvals, although the Act does not bind the Commonwealth itself. The regulations may prescribe classes of persons exempt from particular charges, which could include certain public authorities or small-scale operators. Because the amounts and methods are to be set by regulation, the precise impact on individual proponents will depend on future subordinate legislation. The Act applies to actions taken outside Australia and in external Territories, thereby affecting Australian entities operating internationally where their actions trigger EPBC provisions.
What people will want to know
People will want to know how the amount of each charge is calculated. The restoration contribution charge is worked out according to a method prescribed by regulation, which may differ for different actions or different residual significant impacts. The bioregional plan registration charge, national interest exemption charge and Part 13 exemption charge may be either a flat amount prescribed by regulation or an amount worked out by a prescribed method. People will want to know when the charges become payable. The charges are imposed on the grant of the relevant approval, registration or exemption, and liability falls on the approval holder, the person specified in the approval, the person in relation to whom the priority action is first registered, or the person to whom the exemption applies. People will want to know whether they can be exempted from the charges. The regulations may prescribe persons or classes of persons who are exempt from the bioregional plan registration charge, national interest exemption charge or Part 13 exemption charge. People will want to know how the collected funds will be used. The charges are credited to the Restoration Contributions Special Account and applied by the Restorations Contribution Holder to deliver restoration actions that achieve net gain outcomes for matters of national environmental significance. People will want to know the timing of commencement. Sections 1 and 2 commenced the day after royal assent on 1 December 2025. Sections 3 to 18 commence on a day or days fixed by proclamation or, if not proclaimed within 12 months, on the day after that period ends. People will want to know about review mechanisms. The Minister must cause independent reviews of the regulations, with the first review commencing within 24 months of commencement and subsequent reviews every five years thereafter. People will want to know whether the charges replace traditional offsets entirely. The charge allows a proponent to discharge liability by payment rather than establishing offsets directly, but the underlying approval may still contain other conditions relating to avoidance, mitigation and restoration.
Status and what happens next
The Act received royal assent on 1 December 2025 and became Act No. 67 of 2025. Sections 1 and 2 commenced on 2 December 2025. Sections 3 to 18 will commence on a day or days fixed by proclamation or automatically on 2 December 2026 if no proclamation is made. The Minister may, by notifiable instrument, provide that provisions commence on different days for different matters or things. The next steps include the making of regulations under section 18 to prescribe the amounts or methods for calculating each charge, the persons liable or exempt, and any other matters necessary for the operation of the Act. The first independent review of the regulations must commence as soon as practicable after 2 December 2027. The substantive provisions that allow approvals and exemptions to contain conditions requiring payment of these charges are contained in the Environment Protection Reform Bill 2025, which also received royal assent as part of the same package. Until the relevant provisions of the reform legislation commence, the charges cannot be imposed in practice. The package as a whole has been referred to the Senate Environment and Communications Legislation Committee, with a report due by 24 March 2026, although the bills themselves have already passed both Houses. An electronic version of the Act is available on the Federal Register of Legislation. Stakeholders will monitor the content of the forthcoming regulations and any notifiable instruments relating to commencement.
Powers, duties and rights created
The Act creates the power for the Governor-General to make regulations prescribing the amounts of charges, methods of calculation, persons liable to pay, exemptions, and other matters necessary or convenient for the Act. Section 17 imposes a duty on the Minister to cause regular independent reviews of the operation of those regulations and to publish each review report and the Commonwealth government's response on the department's website. The Act creates a right for a person to whom a charge applies to know the basis of the charge through the regulations and any applicable method. It creates corresponding duties on approval holders, registered persons and exemption holders to pay the relevant charge when it is imposed as a condition. The Act does not itself create new administrative decision-making powers; those reside in the EPBC Act provisions that allow conditions requiring payment to be attached to approvals and exemptions. The Act confirms that the charges are imposed as taxes for constitutional purposes while preserving the operation of section 114 of the Constitution in relation to State property. It creates no new criminal offences or civil penalty provisions. The regulations may create rights to exemptions for prescribed classes of persons. The requirement for independent reviews creates a transparency obligation on the Minister and an opportunity for public scrutiny of the charging regime.
Money, penalties and enforcement
The Act imposes four charges that generate revenue for the Commonwealth. The restoration contribution charge is payable by the holder of an approval under Part 9 or by the person specified in an approval under Part 10. The bioregional plan registration charge is payable by the person in relation to whom the priority action is first registered, unless exempted by regulation. The national interest exemption charge and Part 13 exemption charge are payable by the person to whom the exemption applies, unless exempted by regulation. All amounts must be greater than zero. The revenue is credited to the Restoration Contributions Special Account established under the accompanying reform legislation and applied to restoration actions. The Act contains no criminal penalties or civil penalties for non-payment. Enforcement of payment obligations occurs through the conditions attached to approvals and exemptions under the EPBC Act, so that failure to pay may constitute a breach of condition enforceable under the compliance and enforcement provisions of that Act. Section 17 establishes a mandatory review process for the regulations but does not attach penalties to non-compliance with review requirements. The Act does not authorise the imposition of interest or late payment fees; any such provisions would need to be made in the regulations or in the EPBC Act itself. Because the charges are imposed only when a condition requires payment, the practical enforcement mechanism is the power to refuse, suspend or revoke approvals where conditions are not met.
Pressure points and controversies
A key policy trade-off lies in the reliance on regulations to determine the quantum and method of calculation of each charge. While this provides flexibility to adapt charges to different actions and impacts, it also means that the practical effect of the regime will not be known until the regulations are made and scrutinised. Another trade-off is between allowing proponents to discharge offset obligations through payment and ensuring that the funds collected actually deliver measurable net gain outcomes on the ground. The success of the model depends on the effectiveness of the Restorations Contribution Holder and the Restoration Actions Advisory Committee in selecting and implementing restoration projects. A further trade-off concerns the breadth of possible exemptions. The regulations may exempt entire classes of persons from the bioregional plan registration charge, national interest exemption charge or Part 13 exemption charge, which could reduce revenue or create perceptions of inequity. The requirement for independent reviews of the regulations provides a safeguard but also creates an ongoing administrative burden. Because the charges form part of a larger package that introduces national environmental standards, unacceptable impacts provisions and a net gain test, stakeholders have raised questions about whether the overall framework strengthens or weakens environmental protection compared with the previous offset regime. The Bills Digest notes that stakeholders have variously raised significant concerns about whether the proposed reforms will actually protect the environment or will reduce and remove red and green tape for business. The Act itself does not resolve these questions; outcomes will depend on the content of the regulations and the manner in which the charges are applied in individual decisions.
What changes if it passes
With royal assent already granted, the statutory authority now exists for the Commonwealth to impose restoration contribution charges, bioregional plan registration charges, national interest exemption charges and Part 13 exemption charges as conditions of EPBC Act approvals and exemptions. Proponents may now be required, as a condition of approval, to pay a charge into the Restoration Contributions Special Account rather than arranging their own environmental offsets. This changes the practical operation of the environmental offsets regime by centralising restoration funding and decision-making. Bioregional plans may now include a registration charge for priority actions, creating a new cost for certain developments within development zones. National interest exemptions and Part 13 exemptions may now carry an explicit charge, providing a revenue stream linked to the exercise of these exceptional powers. The Act also establishes a mandatory cycle of independent reviews of the charging regulations, creating ongoing parliamentary and public oversight. Until the regulations are made and the relevant provisions of the accompanying reform legislation commence, the charges cannot be applied in practice. Once operational, the regime will alter the financial planning of major projects, the structure of offset conditions in approvals, and the flow of funds available for landscape-scale restoration. The package of which this Act forms part also introduces national environmental standards, a net gain test and unacceptable impacts provisions, so the charging framework operates alongside these new decision-making constraints.
Social post angles
Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025: what changes if it passes. A plain-English angle on the powers, duties and institutions the bill would create or change.
The practical question in this royal assent bill. Focus on who would need to act differently if Parliament passes it.
What the bill actually says, not the political noise. Pull out the main operational changes and point readers back to the clauses.
The compliance angle. Explain which agencies, regulated entities or decision-makers would carry new obligations.
The next-step angle. Use the bill's current status to explain what still has to happen before the changes become law.
Why this bill is worth watching. Tie the hook to: The bill received royal assent on 1 December 2025 and is now the Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025.
Minister's second reading speech
Proposed amendments
House of representatives
Detail - Crossbench
CHANEY, Kate, MP
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Notes
Referred to Committee (30/10/2025): Environment and Communications Legislation Committee; Committee report (02/04/2026)
Considered by scrutiny committee (05/11/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 7 of 2025
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
This package of 7 Bills implements the second and now final stage of the Albanese Government’s response to the second independent statutory review of the EPBC Act (Samuel Review).
The Environment Protection Reform Bill 2025 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and 11 other Acts to implement substantive reforms. These include national environmental standards, ‘unacceptable impacts’, ‘net gain’ and restoration charges in lieu of environmental offsets, reforms to the national interest exemption and a new ‘national interest proposal’, streamlining reforms to approvals and accreditation pathways, reforms of the nuclear actions trigger, improved compliance and enforcement powers, and increases in criminal penalties and civil penalties.
The National Environmental Protection Agency Bill 2025 establishes a statutory agency to be known as the National Environmental Protection Agency (NEPA). The Chief Executive Officer (CEO) is given functions and powers under 9 environmental laws. The Minister may also delegate additional functions and powers to the CEO under the EPBC Act.
The Environment Information Australia Bill 2025 establishes the SES position of Head of Environment Information Australia (EIA) within the department and sets out the Head’s functions.
The Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025 establishes a framework to enable the imposition of restoration charges in lieu of a proponent establishing environmental offsets.
Three additional Bills provide for regulations to prescribe general charges, customs charges and excise charges, as necessary for cost recovery purposes.
In the lead up to the introduction of the Bills, stakeholders have variously raised significant concerns about whether the proposed reforms will actually protect the environment or will reduce and/or remove ‘red and green tape’ for business.
The Bills have been referred to the Senate Standing Committee on Environment and Communications for inquiry and report by 24 March 2026.
Introductory Info
Date of introduction: 30 October 2025
House introduced in: House of Representatives
Portfolio: Climate Change, Energy, the Environment and Water
Commencement: the Bills or specific schedules of the Bills commence as set out below:
Environment Protection Reform Bill 2025:
Sections 1 to 3
On Royal Assent.
Schedule 1, Parts 1 and 2 other than item 571
On the earlier of proclamation or 12 months after Royal Assent.
Schedule 1, item 571
Schedule 1, Part 3
On the day after Royal Assent.
Schedule 2, Part 1
Schedule 2, Part 3
Schedule 3
At the same time as the National Environment Protection Agency Act 2025, but does not commence if that Act does not commence.
Schedule 2, Part 2
On the later of (a) the same time as National Environment Protection Agency Act 2025and (b) the time item 35 of Schedule 1 to the Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Act 2023 commences; the provisions do not commence if the provisions in (b) do not commence.
National Environmental Protection Agency Bill 2025: 1 July 2026.
Environment Information Australia Bill 2025: At the same time as the National Environmental Protection Agency Act 2025, but does not commence if that Act does not commence.
Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025: sections 1 and 2 commence the day after Royal Assent; sections 3 to 18 commence on the earlier of proclamation or 12 months after Royal Assent.
Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025 and Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025: sections 1 and 2 commence the day after Royal Assent; sections 3 to 10 commence on the earlier of proclamation or 12 months after Royal Assent.
This is a preliminary Bills Digest produced to assist early consideration of the Bill. It provides some background and links to relevant resources. It will be replaced with a more comprehensive Bills Digest in due course.
Purpose of the Bills
This package of 7 Bills implement the second and now final stage of the Albanese Government’s response to the second independent statutory review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (formerly referred to as the Nature Positive Plan).
Background to the EPBC Act and EPBC Act reforms is provided in the following Parliamentary Library publications:
Sophie Power, ‘Environment Protection and Biodiversity Conservation Act 1999: a quick guide’, Research paper series, 2018-19, (Canberra: Parliamentary Library, May 2019)
Dr Emily Gibson, ‘Reform of Australia’s national environmental law’, in Parliamentary Library Briefing Book: Key issues for the 47th Parliament, (Canberra: Parliamentary Library, June 2022)
Dr Emily Gibson, ‘Reforming Australia’s national environmental law: an overview of the government’s response to the Samuel Review’, Research paper series, 2023-24, (Canberra: Parliamentary Library, November 2023)
Dr Emily Gibson, ‘Nature Positive Reforms - April 2024 update’, Flagpost, (Canberra: Parliamentary Library, 3 May 2024)
Dr Emily Gibson, ‘Nature Positive (Environment Protection Australia) Bill 2024 [and related Bills]’, Bills Digest, No. 75, 2023-24, (Canberra: Parliamentary Library, 24 June 2024).
The Senate Standing Committee on Environment and Communications’ report from its inquiry into the 3 Nature Positive Bills introduced in May 2024 as part of the ‘second stage’ of the Nature Positive reforms also provides helpful analysis and information on stakeholder views.
Structure of the Bills
Environment Protection Reform Bill 2025
The Environment Protection Reform Bill 2025 (Reform Bill) implements a significant number of substantive reforms to the EPBC Act. It also amends 8 environmental laws to allow the CEO of the National Environmental Protection Agency (NEPA) to exercise a range of functions and powers. The Bill has 3 Schedules.
Schedule 1,General amendments
Note: there are a significant number of amendments, and this list is not comprehensive.
Part 1:
allows the Minister to make, vary and revoke national environmental standards, as legislative instruments, and inserts new provisions to require that approvals and certain other instruments are not inconsistent with the national environmental standard (new Part 19B (item 571).
inserts a new definition of unacceptable impacts on protected matters (new section 527F) and amends or inserts new provisions requiring that actions or classes of actions not be approved (including when approved under other instruments) if the action would have an unacceptable impact.
inserts a new definition of ‘net gain test’ (new sections 527J and 527K) and inserts new provisions requiring that approved actions (and actions authorised under certain instruments) pass the net gain test; that is, that restoration actions taken to address the residual significant impacts of a controlled action achieve a ‘net gain’ environmental outcome.
introduces a new framework for delivering restoration actions (formerly environmental offsets), comprising a Restorations Contributions Holder (an SES employee of the department), a Restoration Actions Advisory Committee, and Restoration Contributions Special Account (new Part 12B; item 323). Proponents may be able to pay a restoration contribution charge to be invested by the Restorations Contribution Holder to achieve environmental outcomes.
introduces national interest proposals (new Division 2A of Part 11; item 291), allowing the Minister, on their own initiative or the proponent’s application, to enable the Minister to approve an action even if it had unacceptable impacts, was not consistent with national environmental standards, and did not meet the net gain test.
repeals and replaces the national interest exemption (new Division 3 of Part 11; item 292), allowing the Minister to, on their own initiative or on an application from or on behalf of a proponent (including a Commonwealth, state or territory Minister) exempt a proposed action from the application of Part 3 (requirements for environmental approvals) or Chapter 4 (environmental assessments and approvals) of the EPBC Act ‘in the national interest’.
introduce a new requirement for a proponent to provide information about the greenhouse gas emissions for the action at the assessment stage (new section 84A; item 191), with key matters to be provided in regulation, and for the Minister to be satisfied that certain arrangements provide for the disclosure of greenhouse gas emissions information.
amends Part 8 (assessing impacts of controlled actions) to introduce streamlined assessment pathways; the available assessment pathways would be an accredited assessment process, a streamlined assessment, an environmental impact statement or a public inquiry. The amendments also introduce new Subdivision C in Division 3 of Part 8, which allows the Minister to revoke an assessment determination and make a substituted assessment determination.
amends various provisions to clarify requirements for requests for further information and how time is counted.
amends provisions in Part 10 relating to strategic assessments with the aim of improving processes such as allowing for revocation, variation or the addition of conditions of a Part 10 approval, and for the transfer, variation and surrender of Part 10 approvals. The Minister would not be able to approve the taking of an action or class of actions under a Part 10 approval unless satisfied of specified matters such as prescribed national environmental standards and that actions would not have unacceptable impacts (new sections 146FA to 146FC).
amends or repeals and replaces provisions in Chapter 3 relating to bilateral agreements, including by allowing states and territories to approve actions under an accredited management or authorisation framework if the Minister is satisfied that the framework is not inconsistent with specified matters (such as national environmental standards and net gain provisions) and that action would not have unacceptable impacts. The amendments make corresponding amendments to provisions allowing states and territories to assess actions under an accredited framework. Bilateral agreements would be of no effect unless the relevant state or territory has provided mandatory undertakings (new sections 48A, 48B and 48C). The amendments provide for suspension, revocation and review of a bilateral agreement and for an exclusion determination such that the agreement would not apply to actions in a class of action.
amends Division 3 of Part 7 relating to reconsiderations by introducing a 28-day time limit on when a person other than a designated proponent can request reconsideration of a decision that an action is (or is not) a controlled action under subsection 75(1) (new subsection 78A(1A)) and inserting new section 79A allowing a person to request reconsideration of a decision that an action is not a controlled action if taken in a particular manner. The amendments also clarify the standard of information that must be provided. The Minister would be able to issue a determination allowing a proponent affected by a reconsideration decision to continue the action until the Minister makes a final reconsideration decision.
inserts new Part 19C (item 572) to allow the Minister and CEO of the NEPA to publish ‘rulings’, as written instruments, which set out the Minister or CEO’s opinion on the ‘way in which provisions of environmental law should apply in relation to persons, activities and other matters’.
repeals and replaces existing provisions relating to bioregional plans to allow the Minister to make bioregional guidance plans (new sections 176 to 176E) and inserts new Part 12A (item 323) allowing the Minister to make bioregional plans. Both will be written instruments (not legislative instruments). A bioregional plan must specify development zones in which one or more classes of action (a priority class of action) may be taken, conservation zones in which one or more classes of action (restricted action) may not be taken, and bioregional restoration measures. The Minister would be able to vary, suspend or revoke a bioregional plan, and to grant exemptions for restricted actions in exceptional circumstances and in the national interest.
amends subsection 29(1) to allow state and territories to approve controlled actions relating to the ‘water trigger’ under a bilaterally accredited management arrangement or authorisation process (item 77)
renames the nuclear action trigger the ‘radiological exposure action’ trigger and clarifies its application to certain mining activities (see new definition, item 36)
repeals and replaces Subdivision A of Division 4 of Part 11 (‘special environmental assessment process’ (section 160)) (item 299) and makes consequential amendments to Part 3 of the EPBC Act and to the Airports Act 1996, Environment Protection (Sea Dumping) Act 1981, Hazardous Waste (Regulation of Exports and Imports) Act 1989, Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 so that proposed actions are assessed by the standard assessment and approval pathways.
amends conservation planning and heritage provisions to:
update requirements for recovery plans for listed threatened species or listed threatened ecological communities, for listed key threatening processes and threat abatement plans, was well as for National Heritage and Commonwealth Heritage listing
introduce a new definition of critical habitat (new subsection 207A(4))
introduce new ‘protection statements’ for listed threatened species and listed threatened ecological communities (new Subdivision BA of Division 5 of Part 13, at item 431); the purpose of the protection statement is to translate ‘the scientific information in recovery plans and approved conservation advices into language and requirements that are able to be more easily applied to regulatory decisions’ (p. 409). A protection statement would be the primary conservation planning document, which the Minister would be required to not act inconsistently with, and would be required to have regard to, when making a relevant decision or approving a particular instrument or arrangement (‘turning off’ recovery plans and approved conservation advice (p. 75)).
repeals and replaces Division 12 (environmental audits) of Part 17 (enforcement) to allow the CEO of the NEPA to direct or require 2 different types of audits - a directed environmental audit and a compliance audit, and to require the CEO of the NEPA to establish a register or auditors (item 550).
The amendments in Division 12 of Part 17 to are substantially similar to the amendments in Part 1 of Schedule 11 of the Nature Positive (Environmental Law Amendments and Transitional Provisions) Bill 2024 (2024 Amendment Bill) (with the addition of a provision allowing the CEO of the NEPA to impose conditions on registration of an auditor).
inserts new Division 13A of Part 17 allowing the CEO to issue environment protection orders.
The amendments in Division 13A of Part 17 to are substantially similar to the amendments in Part 1 of Schedule 11 of the 2024 Amendment Bill (with the addition of a power to issue an order in relation to a contravention of an environmental exemption).
amends the Nature Repair Act 2023 to repeal the prohibition on the use of biodiversity certificates for an environmental offsetting purpose and to allow methodology determinations made under that Act to specify whether or not a biodiversity certificate can be used for an environmental offsetting purpose (items 625 to 627).
amends the EPBC Act (new Division 2A of Part 4, at item 114) and the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act; items 628 to 635) to provide that actions covered by a NOPSEMA management or authorisation framework (i.e. under the OPGGS Act and associated regulations) do not require approval under Part 9 of the EPBC Act. The Minister would be able to declare, in writing, the specified class of actions that are covered by this arrangement and may only do so if satisfied that the framework is not inconsistent with specified matters such as prescribed national environmental standards and that actions would not have unacceptable impacts. NOPSEMA would be required to report annually on how the framework complies with any relevant conditions. This would in effect replace the approved strategic assessment under Part 10 of the EPBC Act.
Part 2:
Division 1 amends the EPBC Act to increase criminal penalties in Part 3 of the Act (taking an action without an approval)
Division 2 amends the EPBC Act to increase civil penalties and introduce a new civil penalty formula for civil penalty provisions in Part 3 and subsection 142(1).
The amendments in Part 2 to are identical to the amendments in Part 2 of Schedule 11 of the 2024 Amendment Bill (noting there are new civil penalty provisions in new Part 12A-Bioregional plans).
Part 3: sets out application and transitional provisions which prescribe how amendments apply to particular circumstances.
Schedule 2,Consequential amendments and transitional provisions for the National Environment Protection Agency Act 2025
Part 1:
Items 1 to 187 amend the EPBC Act to replace select references to the Minister, and the Secretary of the department, with the CEO of the NEPA, including to allow the CEO to issue evidentiary certificates under Part 3, grant or refuse to grant permits under Part 13 and undertake compliance and enforcement activities under Parts 17, 18 and Schedule 1 of the Act. It also inserts proposed section 515AAA (item 155) to allow the Minister to delegate some or all of the Minister’s powers and functions to the CEO or a member of the staff of the NEPA (other than powers and functions in new subsection 515(1A), at item 574 of Schedule 1), and to allow the Secretary to similarly delegate some or all of the Secretary’s powers and functions to the CEO or a member of staff of the NEPA. It also requires that a public register of instruments of delegations is established (item 157).
Items 188 to 216 amend the Environment Protection (Sea Dumping) Act 1981 to replace select references to the Minister with the CEO to allow the CEO to grant (or refuse to grant) permits, vary, suspend, revoke or cancel permits, appoint inspectors and analysts, and issue evidentiary certificates.
Items 217 to 290 amends the Hazardous Waste (Regulation of Exports and Imports Act 1989 to replace select references to the Minister with the CEO, to allow the CEO to grant (or refuse to grant) permits, vary, suspend or revoke permits, issue certain orders, appoint inspectors, and exercise regulatory powers.
Items 291 and 292 amend the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 to replace select references to the Minister with the CEO, for example to allow the CEO to grant exemptions from levies, and to make consequential repeals.
Items 293 to 364 amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 to replace select references to the Minister and Secretary with the CEO and make related consequential amendments. It would allow the CEO to grant (or refuse to grant) licences, vary, suspend or cancel licences, appoint inspectors, exercise regulatory powers, and deal with seized and forfeited goods.
Items 365 and 366 amend the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 to replace select references to the Minister with the CEO, for example to allow the CEO to grant exemptions from levies, and to make consequential repeals.
Items 367 to 387 amend the Product Emissions Standards Act 2017 to replace select references to the Minister and Secretary with the CEO and to make related consequential amendments. It would allow the CEO to determine if a product complies with an emissions reduction standard, grant exemptions from compliance, appoint inspectors, exercise regulatory powers, and deal with seized and forfeited goods.
Items 388 to 590 amend the Recycling and Waste Reduction Act 2020 to replace select references to the Minister and Secretary with the CEO. It would allow the CEO to grant (or refuse to grant) export licences, vary, suspend or cancel export licences, appoint authorised officers, and exercise regulatory powers. The Schedule would also allow the CEO to approve new co-regulatory product stewardship arrangements, and to issue improvement notices to underperforming co-regulatory product stewardship arrangements.
Items 591 to 598 amends the Underwater Cultural Heritage Act 2018 to replace select references to the Minister and Secretary with the CEO and inserts proposed section 54A to allow the Minister to share information with the CEO. It would allow the CEO to exercise regulatory powers, deal with forfeited vessels, equipment or articles, and appoint inspectors.
Part 2: provides a contingent amendment to the Sea Dumping Act.
Part 3: provides transitional provisions relating to the formation of the NEPA, including for the transfer of documents and records and the application of an Enterprise Agreement to APS staff of the NEPA.
Items 1 to 187 in Part 1 are substantially similar to Schedule 2 of the 2024 Amendment Bill.
Items 188 to 598 in Part 1 and Parts 2 and 3 are substantially similar to Schedules 1 and 3 to 10 of 2024 Amendment Bill.
Schedule 3,Consequential amendments and transitional provisions for the Head of Environment Information Australia
Part 1: amends Part 21 (reporting) of the EPBC Act as a consequence of responsibility for preparation of State of the Environment reports transferring to the Head of Environment Information Australia (HEIA).
Part 2: provides transitional provisions which specify the time that the HEIA would be required to prepare and publish its first State of the Environment report (no later than 15 December 2028) and first statement of national environmental economic accounts; it also clarifies that the national environmental goals for the first State of the Environment report are those publicly available environmental targets identified and notified by the Minister.
National Environmental Protection Agency Bill 2025
The National Environmental Protection Agency Bill 2025 establishes a statutory agency to be known as the National Environmental Protection Australia (NEPA), which is to be led by a Chief Executive Officer (CEO). The Bill contains provisions relating to the governance and operation of the CEO and NEPA. The CEO is given functions and powers under 9 environmental laws, as provided for by amendments made by Schedule 2 of the Environment Protection Reform Bill 2025.
The Bill is substantially similar to the Nature Positive (Environment Protection Australia) Bill 2024. The principal differences are:
NEPA will also be responsible for monitoring and auditing the operation of certain declarations, bilateral agreements and bioregional plans under the EPBC Act
the CEO of NEPA will not be permitted to delegate a power or function under new Part 19C (rulings) of the EPBC Act.
The Minister would be able to designate the CEO as the designated report writer for recommendation reports under certain new assessment pathways (new section 84B; Reform Bill).
Environment Information Australia Bill 2025
The Environment Information Australia Bill 2025 establishes the SES position of Head of Environment Information Australia (HEIA) within the department. The Bill sets out the functions of the Head of the EIA (HEIA) which are to prepare and publish the State of the Environment report, establish and maintain environmental economic accounts, and declare national environmental information assets.
The Bill is substantially similar to the Nature Positive (Environment Information Australia) Bill 2024. The principal difference is that references to nature positive and the associated monitoring, evaluation and reporting framework for determining whether nature positive is being achieved in Australia are removed.
Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025 would enable a restoration contribution charge, bioregional plan registration charge, national interest exemption charge and Part 13 exemption charge to be imposed if specified as a condition of an approval or exemption granted under the relevant provisions of the EPBC Act. A restoration contribution charge could be imposed as a condition of a standard approval or in relation to an approved strategic assessment under Part 10 of the Act.
The charge is intended to enable the approval or exemption holder ‘to discharge their liability to compensate for the damage likely to be caused by the residual significant impacts of their proposed action’ by paying the charge to the Commonwealth to compensate ‘for any such damage to a net gain’ (p. 5). The charge would be imposed in lieu of the approval or exemption holder being required to provide environmental offsets.
The charge would be determined by the regulations, with the Explanatory Memorandum indicating that this would either be a prescribed flat rate for the bioregional plan registration charge, national interest exemption charge or Part 13 exemption charge, or prescribing a method to work out the charge (pp. 2-3). The regulations would prescribe the persons or classes of persons who are liable for the charges or are exempt from the charges.
The charge would be credited to the proposed new Restoration Contributions Special Account and the proposed new Restorations Contribution Holder would be able to use the monies to ‘deliver benefits for matters of national environmental significance’, such as delivering restoration actions (p. 2).
Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025 enables regulations to prescribe general charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025 enables regulations to prescribe customs charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025 enables regulations to prescribe excise charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Background
Brief overview of the EPBC Act
The EPBC Act is the primary Commonwealth environmental law and is administered by the Department of Climate Change, Energy, the Environment and Water (DCCEEW; the department). The Act implements key aspects of the 1992 Intergovernmental Agreement on the Environment and the 1997 Heads of Agreement on Commonwealth and State Roles and Responsibilities for the Environment, and consolidates 5 Commonwealth laws relating to environmental impact assessment, national parks, world heritage, and endangered species.
The Act establishes 9 ‘matters of national environmental significance’ (MNES) (protected matters), largely drawn from Australia’s international obligations under a range of environment and heritage treaties, and also provides for the protection of the environment on Commonwealth land. The Act sets out 2 regimes:
an environmental impact assessment and approval regime for actions by any person that are likely to have a significant impact on protected matters, actions by Commonwealth agencies that are likely to have a significant impact on the environment, and actions by any person likely to have a significant impact on the environment on Commonwealth land (Parts 3 to 11)
a regime for biodiversity conservation (for example, processes for listing and managing threatened species and ecological communities), protected areas (for example, National and Commonwealth Heritage places, Commonwealth reserves), and regulation of the trade in wildlife (Parts 11A to 15B).
The Act also:
establishes a range of advisory, expert and management bodies, namely the Threatened Species Scientific Committee, the Director of National Parks, and the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
sets out compliance and enforcement provisions
provides for review of decisions, including extended standing for judicial review
provides for annual reports and 5-yearly state of the environment reports
sets out interpretive provisions, including key definitions.
The Act mandates 10-yearly independent statutory reviews of the Act’s operation and the extent to which its objects have been achieved (section 522A).
Need for reform
The reforms are being introduced in response to the second independent statutory review of the EPBC Act (Samuel Review). The statutory review was initiated in October 2019 and was led by Professor Graeme Samuel, with the support of an expert panel comprising Bruce Martin, Dr Wendy Craik, Dr Erica Smyth and Professor Andrew Macintosh.
The Samuel Review, having observed that ‘Australia’s natural environment and iconic places are in an overall state of decline and under increasing threat’ (p. ii), concluded (p. ii):
The EPBC Act is out dated and requires fundamental reform. It does not enable the Commonwealth to effectively fulfill its environmental management responsibilities to protect nationally important matters. The Act, and the way it is implemented, results in piecemeal decisions, which rarely work in concert with the environmental management responsibilities of the States and Territories. The Act is a barrier to holistic environmental management which, given the nature of Australia’s federation, is essential for success. [emphasis added]
The Final report made 38 recommendations for improving the operation and effectiveness of the Act as part of a staged pathway of reform (p. ii):
The reforms … are designed to enable the Commonwealth to step up its efforts to deliver nationally important outcomes for the environment by:
setting clear outcomes through new, legally enforceable National Environmental Standards that set the boundaries for decision-making to deliver the protections needed
actively restoring the environment and facilitating the scale of investment needed to deliver better outcomes
taking an adaptive approach, through better planning, measuring the effectiveness of implementation and adjusting where needed to achieve outcomes
harnessing the knowledge of Indigenous Australians to better inform how the environment is managed.
Early in the 47th Parliament, the then Minister for the Environment Tanya Plibersek released the Albanese Government’s response to the review, Nature Positive Plan: Better for the environment, better for business. Among the range of reforms, the Minister promised legislation built ‘on three basic principles: clear national standards of environmental protection, improving and speeding up decisions, and building trust and integrity’ and an independent Environment Protection Agency.
The Minister subsequently split the reforms into 3 stages and, having achieved stage 1, introduced a suite of Bills in May 2024 to implement the stage 2 reforms. The Minister is reported to have negotiated amendments with the Australian Greens and Independent Senator David Pocock to secure passage of the Bills through the Senate; however, in the face of lobbying from industry and an upcoming election, the Prime Minister reportedly intervened, and the Bills were withdrawn in February 2025.
At the beginning of the 48th Parliament, the newly-appointed Minister for the Environment Senator Murray Watt described reform of the EPBC Act as ‘a very high and immediate priority for the government’. The reforms been repositioned as central to improving national productivity and facilitating Australia’s transition to a decarbonised economy.
For example, in August 2025, the Productivity Commission’s interim report Investing in cheaper, cleaner energy and the net zero transformation recommended (p. 37):
Reform national environment laws
The Australian Government should reform environment laws to expedite approvals for clean energy projects and better protect the environment. The reforms should:
introduce national environmental standards
facilitate regional planning, particularly within renewable energy zones, with stricter statutory deadlines for assessing projects in ‘go zones’
provide accessible, high-quality information about the environment and past assessment decisions
make offsetting arrangements more efficient, such as by enabling developers to meet their offset obligations by contributing to an Australian Government offsets fund
set clear expectations about engagement with local communities and Aboriginal and Torres Strait Islander people.
Following the government’s August 2025 Economic Reform Roundtable, Minister Watt announced that the reform timetable would be accelerated, and would focus on implementing the three core principles of the Samuel Review: ‘stronger environmental protection and restoration, more efficient and robust project assessments and greater accountability and transparency in decision-making’.
The Minister has pointed to departmental analysis that determined that speeding up the consideration of projects and their approval would save the ‘business community and the national economy… at least half a billion dollars and potentially up to $7 billion in savings to the national economy’ (p. 3).
Policy position of non-government parties / independents
Australian Greens
The Australian Greens have long called for significant changes to the EPBC Act to ensure the Act actually protects the environment, considers climate impacts of actions, and operates efficiently. The Australian Greens spokesperson for the Environment, Senator Sarah Hanson-Young, recently outlined key areas of concern:
Environment laws that protect nature must include:
protection of critical habitat and forests
stop species extinction
a climate trigger
federal control over approvals.
Senator Hanson-Young has previously indicated that there ‘was “no prospect” of a deal on passage of the legislation unless Labor committed to a plan to end native forest logging’.
Following an October 2025 briefing on draft legislation, Senator Hanson-Young described the proposed laws as ‘not worth the paper they’re printed on’. The Senator said:
This bill has been drafted with the interests of mining industry front and centre. It weakens environmental protection. It will take us backwards and is worse than the status quo.
Coalition
The Liberal-National Coalition has been highly critical of the Albanese Government’s Nature Positive Plan. Reflecting previous ‘one stop shop’ policies, the Coalition has argued in favour of measures that streamline approvals processes and remove duplication with state and territory assessment and approval processes. It has described the establishment of the EPA as an ‘added layer of bureaucracy that is the last thing our economy and environment needs’.
Following an October 2025 briefing on draft legislation, Leader of the Opposition Sussan Ley described the proposed amendments as ‘a red light to jobs and … a handbrake to investment and development’ (p. 3). Ms Ley reportedly wrote to the Prime Minister seeking that the reforms be split into ‘“practical” measures to speed up assessment times for projects’ and deal with the ‘more contentious environmental elements’ of the reforms later.
The new Shadow Minister for the Environment, Angie Bell, has indicated a willingness to work with Labor in good faith negotiations, saying:
We want to make sure that we strike a balance between conserving our environment but also making sure there is certainty for industry moving forward and investment and jobs in our country.
More recently, Ms Bell:
…called on the government to immediately regulate ‘unacceptable impacts’, provide certainty on the definition of ‘net gain’ whiles removing scope one and two emissions reporting and cleaning up Labor’s “sad excuse” of an Environmental Protection Authority (EPA).
Ms Bell also called for the proposed ‘unacceptable impacts’ provisions to be moved into an environmental standard, greater clarification on key definitions (such as ‘net gain’), and for the CEO of the EPA to instead be made accountable to (and dismissible by) the Minister, with an official statement of expectations, and subject to a binding direction of the Minister.
The Deputy Leader of the Nationals Kevin Hogan has indicated reservations with the proposed legislation, including a requirement that proponents of major projects disclose their carbon emissions and the application of national environmental standards to regional forest agreements. He said ‘we think this will make it harder for industry to produce economic income for this country’ (p. 1).
Independent members and senators
Numerous independent members of the Parliament have campaigned for improvements to the EPBC Act, principally by incorporating a ‘climate trigger’ and removing the exemption for native forest logging under regional forest agreements.
Senator David Pocock and Senator Lidia Thorpe, along with the Australian Greens, are reported to want EPBC Act ‘to assess land clearing to try to stop native forest logging, climate considerations included in environmental assessments and decision-making, and a greater inclusion of Indigenous knowledge in environmental governance and decision-making’.
Independent MP Zali Steggall has expressed deep concern about attempts to rush legislation through the Parliament, stating ‘while reform is urgently needed, Australians expect such monumental legislation to undergo proper and meaningful parliamentary scrutiny before being passed’. As well as calling for the ‘deforestation loophole’ to be closed, Ms Steggall has foreshadowed amendments that would require the Environment Minister to take into account the following when deciding whether to grant an approval:
the economic costs and benefits an affected ecosystems would deliver if the damage from development did not occur, compared to the costs and benefits of the development
risks to the climate of the proposed development.
Stakeholder response to the Bills
The following table provides links to key stakeholder statements - both during the weeks prior to the introduction of the Bills and immediately following their introduction.
Stakeholder(s)
Statement
Australian Conservation Foundation (ACF)
ACF’s position on national nature law reform
ACF responds to Labor’s Environment Protection Agency announcement
ACF warns weak nature laws risk repeating decades of destruction
ACF
Greenpeace
WWF Australia
Environment groups welcome new enforcement powers and increases in penalties for nature laws
Climate Council
EPBC: How Australia’s national environmental law measures up on climate
Humane World for Animals
EPBC Act reforms must prevent bad decision-making, put nature first
Greenpeace
Nature law reform can’t be “big rubber stamp for the big end of town”: Greenpeace
Invasive Species Council
EPBC Act: Reforms to address threats to nature
Central Land Council
Tiwi Land Council
Northern Land Council
Anindilyakwa Land Council
Environmental law reform must safeguard future of remote communities
Environmental Defenders Office
Long-awaited EPBC reforms fall short of fixing a failing Act - Environmental Defenders Office
National Farmers Federation
Farmers urge balance and practicality in EPBC overhaul
Australian Chamber of Commerce and Industry
Environmental laws must get the balance right
Australian Industry Group
Environment reform is a decent balance and a strong improvement
Business Council of Australia (BCA)
Business Council welcomes Government’s decision to fast-track EPBC reform
Business Council says environmental approvals reform needed but warms key changes are critical to success
Housing Industry Association
Time to stop playing politics and fast track overdue EPBC reforms
Association of Mining and Exploration Companies (AMEC)
Reforms to EPBC Act are on track after WA and Federal Governments reach agreement
Vital step forward for environmental approvals but some clarity still needed
Australian Energy Producers
EPBC reforms an opportunity to fix Australia’s broken environmental laws
Minerals Council of Australia
EPBC reform must deliver outcomes for communities, environment and economy
Work needed to ensure environmental laws succeed
Other relevant expert commentary includes:
Justine Bell-James, ‘Labor’s environmental law overhaul: a little progress and a lot of compromise’, The Conversation, 30 October 2025
Justine Bell-James, Martine Maron, Phillipa C McCormack and James EM Watson, ‘Groundhog Day: The EPBC Act reform process’, Environment and Planning Law Journal, 41 (2025): 19-40
Atticus Fleming and Andrew Macintosh, ‘Biodiversity is in catastrophic decline. Here are three ways to ensure Australia’s conservation law actually works’, The Guardian, 28 October 2025
Ken Henry (Chair of the Australian Climate and Biodiversity Foundation), Speech to the National Press Club: Our last, best change - national environmental laws to restore nature and power the net zero economy, Canberra, 16 July 2025
Phillipa C. McCormack, ‘Ken Henry urges nature law reform after decades of “intergenerational bastardry”’, The Conversation, 16 July 2025
Frances Medlock and Rachael Chick, ‘One step forward, two steps back - EPA, EIA and the long awaited reformed to Australia’s environmental laws’, Environment and Planning Law Journal, 41 (2025): 19-40 (authors employed by Environmental Defenders Office)
Euan Ritchie, Phillipa C. McCormack and Yung En Chee, ‘Labor is close to a deal on environmental law reforms. There are troubling signs these will fall short’, The Conversation, 10 October 2025.
Appendix
A brief history of efforts to reform the EPBC Act
Date
Description
12 November 1998
Environment Protection and Biodiversity Conservation Bill 1998 [1999] introduced. It passed both Houses on 29 June 1999 and substantive provisions commenced on 16 July 2000.
31 October 2008
First independent statutory review of the EPBC Act (Hawke Review), commissioned by the then Minister for the Environment Peter Garrett, commences. The review is led by Dr Allan Hawke, with the support of an expert panel comprising Paul Stein, Professor Mark Burgman, Professor Tim Bonyhady and Rosemary Warnock.
The review’s Final report, released on 21 December 2009, makes 71 wide-ranging recommendations revolving around 9 core elements.
The government releases its formal response on 24 August 2011; however, ‘[e]xcept for an environmental offsets policy, the response to the Hawke Review was never implemented’.
29 October 2019
Second independent statutory review of the EPBC Act (Samuel Review), commissioned by the then Minister for the Environment Sussan Ley, commences. The review is led by Professor Graeme Samuel, with the support of an expert panel comprising Bruce Martin, Dr Wendy Craik, Dr Erica Smyth and Professor Andrew Macintosh.
The review’s Final report, provided to the then Minister on 30 October 2020 and publicly released on 28 January 2021, concludes that (p. i):
The EPBC Act is out dated and requires fundamental reform. It does not enable the Commonwealth to effectively fulfill its environmental management responsibilities to protect nationally important matters. The Act, and the way it is implemented, results in piecemeal decisions, which rarely work in concert with the environmental management responsibilities of the States and Territories. The Act is a barrier to holistic environmental management which, given the nature of Australia’s federation, is essential for success.
27 August 2020
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 to support single-touch environmental approvals. The Bill is almost identical to a Bill introduced in 2014 and is widely viewed as inconsistent with the Samuel Review’s Interim Report (p. 3). It lapses at the end of 46th Parliament.
25 February 2021
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2020 to establish National Environmental Standards and an Environmental Assurance Commissioner. The Bill was viewed by some stakeholders as ‘cherry picking’ recommendations from the Samuel Review’s Final report (p. 3). It lapses at the end of the 46th Parliament.
16 June 2021
The then Minister for the Environment releases the Morrison Government’s response, A pathway for reforming national environmental law, recognising that reform was long overdue and agreeing with the central pillars of the Samuel Review’s recommendations (pp. 2-3).
19 July 2022
Following the election of the Albanese Government, the new Minister for the Environment Tanya Plibersek releases the 2021 State of the environment report, which documents the continuing decline in Australia’s environment. The Minister commits to providing a formal response to the Samuel Review by the end of 2022, with the aim of developing new environmental legislation for 2023 (p. 9).
8 December 2022
The then Minister for the Environment releases the Albanese Government’s response, Nature Positive Plan: Better for business, better for the environment. The Minister promises legislation built ‘on three basic principles: clear national standards for environmental protection, improving and speeding up decisions, and building trust and integrity’ as well as an independent Environment Protection Agency.
30 October 2023
Formal closed consultations commence with key stakeholder groups, as well as Commonwealth, state and territories agencies (p. 92).
December 2023
During final negotiations on the Nature Repair Bill 2023 and Nature Repair Market (Consequential Amendments) Bill 2023, the government introduces a proposed amendment to the EPBC Act to amend the ‘water trigger’ to include all forms of unconventional gas development. This helps secure passage of the Bills through the Senate and partially achieves the Samuel Review’s first recommendation (p. 48).
16 April 2024
The then Minister for the Environment announces that the Nature Positive reforms would be progressed in a staged manner:
Establishing the nature repair scheme and expanding the ‘water trigger’ (completed in December 2023)
Creating Environment Protection Australia (EPA) and Environment Information Australia (EIA)
Delivering substantive reform to the EPBC Act, as outlined in the Nature Positive Plan.
29 May 2024
The then Minister for the Environment introduces the Nature Positive (Environment Protection Australia) Bill 2024, Nature Positive (Environment Information Australia) Bill 2024, and Nature Positive (Environmental Law Amendments and Transitional Provisions) Bill 2024. The Bills comprise the second stage of reforms and pass the House on 4 July 2024.
The Senate Environment and Communications Legislation Committee conducts an inquiry into the Bills and recommends their passage with amendments. However, the Coalition, Australian Greens, Senator David Pocock and Senator Lidia Thorpe each make separate recommendations.
25 November 2024
The then Minister for the Environment negotiated amendments with the Australian Greens and independent Senator David Pocock to secure passage of the Nature Positive Bills. These are reportedly set aside following Prime Minister Anthony Albanese’s intervention, and the Bills are discharged from the Notice Paper on 5 February 2025.
25 March 2025
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Reconsiderations) Bill 2025. The Bill removes the minister’s ability to overturn a controlled action decision in certain circumstances where the request for reconsideration was made more than 5 years after the action commenced.
The heavily criticised Bill, which responds explicitly to a request for reconsideration of salmon aquaculture in Macquarie Harbour and its impacts on the critically endangered Maugean Skate, passes both Houses the following day and commences on 28 March 2025.
16 May 2025
Following re-election of the Albanese Government, the new Minister for the Environment Senator Murray Watt states that reform of the EPBC Act is one of the highest priorities for the Albanese Government during the 48th Parliament.
19 June 2025
The Minister for the Environment hosts a high-level roundtable, bringing together stakeholders from environmental, resources, energy, climate, housing and agricultural sectors, as well as First Nations Representatives. The Minister noted support for reforms based on three pillars (p. 1):
Stronger environmental protection and restoration
More efficient and robust project assessments
Greater accountability and transparency in decision making.
The Minister also noted ‘strong support for key components of the reforms, such as National Environmental Standards, Streamlined approval processes, Regional planning, More robust offset regimes, Better data on environmental outcomes’ (p. 1).
27 August 2025
The Assistant Minister for Climate Change and Energy Josh Wilson introduces the Environment Protection and Biodiversity Conservation (Board of Management Functions) Bill 2025. The Bill enables a Board for a Commonwealth reserve to continue making decisions after a management plan expires, provided those decisions are consistent with the expired management plan. While the Samuel Review made a number of recommendations relating to jointly managed Commonwealth reserves and, in particular, improving the contribution of Indigenous Australian’s traditional knowledge and participation in EPBC Act processes, the Bill primarily responds to the impending expiry of management plans for 2 reserves.
The Senate Environment and Communications Legislation Committee considered the Bill and recommends its passage.
The Bill passed both Houses on 28 October 2025 but is yet to receive Royal Assent.
30 October 2025
The package of Bills is introduced to the House of Representatives.
Links
The links to the Bills, their Explanatory Memoranda and second reading speeches can be found on the Bill home pages, linked above, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as of November 2025.
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Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025
No. 67, 2025
An Act to impose charges relating to restoration of the environment, and for related purposes
Contents
Part 1,Preliminary 2
1 Short title 2
2 Commencement 2
3 Act binds the Crown 3
4 Act to extend to the external Territories 3
5 Extra‑territorial application 3
6 Act does not impose levy on property of a State 3
7 Definitions 3
Part 2,Imposition and amount of charge 5
8 Imposition of charge on grant of approvals,restoration contribution charge 5
9 Imposition of charge on registration of priority actions,bioregional plan registration charge 6
10 Imposition of charge on grant of exemptions,national interest exemption charge and Part 13 exemption charge 6
11 By whom restoration contribution charge is payable 6
12 By whom bioregional plan registration charge is payable 7
13 By whom national interest exemption charge and Part 13 exemption charge is payable 7
14 Amount of restoration contribution charge 7
15 Amount of bioregional plan registration charge 8
16 Amount of national interest exemption charge and Part 13 exemption charge 8
Part 3,Other matters 9
17 Review of operation of regulations 9
18 Regulations 9
Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025
No. 67, 2025
An Act to impose charges relating to restoration of the environment, and for related purposes
[Assented to 1 December 2025]
The Parliament of Australia enacts:
Part 1,Preliminary
1 Short title
This Act is the Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025.
2 Commencement
(1) Each provision of this Act 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.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Sections 1 and 2 and anything in this Act not elsewhere covered by this table
The day after this Act receives the Royal Assent.
2 December 2025
Sections 3 to 18
A day or days to be fixed by one or more Proclamations.
However, if any of the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) The Minister may, by notifiable instrument, provide that a provision covered by table item 2 applies, in relation to different matters or things, on and after different days for one or more of those matters or things.
(3) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Act binds the Crown
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.
4 Act to extend to the external Territories
This Act extends to the external Territories.
5 Extra‑territorial application
This Act extends to acts, omissions, matters and things outside Australia.
6 Act does not impose levy on property of a State
(1) This Act does not impose a tax on property of any kind belonging to a State.
(2) In this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
7 Definitions
In this Act:
bioregional plan has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
bioregional plan registration charge means charge imposed by section 9.
national interest exemption, for an action, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
national interest exemption charge means charge imposed by subsection 10(1).
Part 13 exemption, for an action, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
Part 13 exemption charge means charge imposed by subsection 10(2).
registration, in relation to a priority action has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
residual significant impact, of an action or a class of actions, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
restoration contribution charge means charge imposed by subsection 8(1), (2) or (3).
Part 2,Imposition and amount of charge
8 Imposition of charge on grant of approvals,restoration contribution charge
Actions approved under Part 9
(1) Charge (restoration contribution charge) is imposed on the grant of an approval of an action under subsection 133(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the action.
Actions approved under Part 10
(2) Charge (restoration contribution charge) is imposed on the grant of an approval of an action under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the action.
Classes of actions approved under Part 10
(3) Charge (restoration contribution charge) is imposed on the grant of an approval of a class of actions under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the class of actions.
9 Imposition of charge on registration of priority actions,bioregional plan registration charge
Charge (bioregional plan registration charge) is imposed on the registration of a priority action under subsection 177BN(7) of the Environment Protection and Biodiversity Conservation Act 1999.
10 Imposition of charge on grant of exemptions,national interest exemption charge and Part 13 exemption charge
National interest exemptions
(1) Charge (national interest exemption charge) is imposed on the grant of a national interest exemption for an action.
Part 13 exemptions
(2) Charge (Part 13 exemption charge) is imposed on the grant of a Part 13 exemption for an action.
11 By whom restoration contribution charge is payable
(1) Restoration contribution charge imposed on the grant of an approval of an action under subsection 133(1) of the Environment Protection and Biodiversity Conservation Act 1999 is payable by the holder of the approval.
(2) Restoration contribution charge imposed on the grant of an approval of an action or a class of actions under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 is payable by the person specified in the approval as the person responsible for paying the restoration contribution charge.
Note: The person might be the approval holder or a person approved to take an action under the approval concerned.
12 By whom bioregional plan registration charge is payable
(1) Bioregional plan registration charge imposed on the registration of a priority action is payable by the person in relation to whom to the priority action is first registered under subsection 177BN(7) of the Environment Protection and Biodiversity Conservation Act 1999.
(2) Bioregional plan registration charge is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.
13 By whom national interest exemption charge and Part 13 exemption charge is payable
(1) National interest exemption charge imposed on the grant of a national interest exemption is payable by the person to whom the national interest exemption applies.
(2) Part 13 exemption charge imposed on the grant of a Part 13 exemption is payable by the person to whom the Part 13 exemption applies.
(3) Charge imposed on the granting of a national interest exemption is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.
(4) Charge imposed on the granting of a Part 13 exemption is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.
14 Amount of restoration contribution charge
(1) The amount of restoration contribution charge is the amount (which must be greater than zero) worked out in accordance with the method prescribed by the regulations.
(2) A method prescribed by the regulations for the purposes of this section may make different provision in relation to the following:
(a) different actions or different classes of actions, as the case requires;
(b) different residual significant impacts or classes of significant impacts of actions or classes of actions, as the case requires.
(3) Subsections (1) and (2) of this section do not limit subsection 33(3A) of the Acts Interpretation Act 1901.
15 Amount of bioregional plan registration charge
(1) The amount of bioregional plan registration charge is the amount (which must be greater than zero):
(a) prescribed by the regulations; or
(b) worked out in accordance with the method prescribed by the regulations.
(2) The amount of bioregional plan registration charge prescribed by regulations may make provision in relation to the following:
(a) different classes of priority actions;
(b) different bioregional plans.
(3) Subsections (1) and (2) of this section do not limit subsection 33(3A) of the Acts Interpretation Act 1901.
16 Amount of national interest exemption charge and Part 13 exemption charge
(1) The amount of national interest exemption charge is the amount (which must be greater than zero):
(a) prescribed by the regulations; or
(b) worked out in accordance with the method prescribed by the regulations.
(2) The amount of Part 13 exemption charge is the amount (which must be greater than zero):
(a) prescribed by the regulations; or
(b) worked out in accordance with the method prescribed by the regulations.
Part 3,Other matters
17 Review of operation of regulations
(1) The Minister must cause regular independent reviews to be undertaken of the operation of all regulations made under section 18 of this Act.
(2) The first review must commence as soon as practicable after the end of the period of 24 months after the commencement of this Act.
(3) Subsequent reviews must commence as soon as practicable after the end of the period of 5 years after the day on which the written report of the most recent review was given to the Minister under subsection (5).
(4) The regulations may make provision for and in relation to a review including, but not limited to, prescribing the matters to be covered by the review.
(5) The persons who undertake a review must give the Minister a written report of the review within the period (if any) prescribed by the regulations.
(6) The Minister must publish on the Department’s website:
(a) each report of a review given to the Minister under subsection (5) as soon as practicable after the report is given to the Minister; and
(b) the Commonwealth government’s response to each report of a review given to the Minister under subsection (5).
18 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.