I, Murray Watt, Minister for the Environment and Water, make the following rules.
Dated 18 February 2026
Murray Watt
Minister for the Environment and Water
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Strategic assessments
5 Schedule 1, items 259 and 260
6 Schedule 1, item 271
7 Schedule 1, item 272
8 Schedule 1, items 278 to 282
9 Schedule 1, item 287—Subdivision D of Division 1 of Part 10
10 Schedule 1, item 591—definition of approval
11 Schedule 1, item 613
Part 3—National interest exemption
12 Schedule 1, item 292
13 Schedule 1, items 432 and 433
Part 4—Statutory committees
14 Schedule 1, item 557
15 Schedule 1, item 563
16 Schedule 1, item 564
Part 5—Wildlife trade
17 Schedule 1, items 438, 441, 443 and 444
18 Schedule 1, item 445
19 Schedule 1, items 447 and 448
Part 1—Preliminary
1 Name
This instrument is the Environment Protection Reform (February Commencements) Transitional Rules 2026.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered. 20 February 2026
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
3 Authority
This instrument is made under item 715 of Schedule 1 to the Environment Protection Reform Act 2025.
4 Definitions
In this instrument:
amending Act means the Environment Protection Reform Act 2025.
commencement day means 20 February 2026.
principal Act means the Environment Protection and Biodiversity Conservation Act 1999.
Part 2—Strategic assessments
5 Schedule 1, items 259 and 260
(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.
(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.
6 Schedule 1, item 271
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.
7 Schedule 1, item 272
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.
8 Schedule 1, items 278 to 282
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.
9 Schedule 1, item 287—Subdivision D of Division 1 of Part 10
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.
10 Schedule 1, item 591—definition of approval
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.
11 Schedule 1, item 613
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.
Part 3—National interest exemption
12 Schedule 1, item 292
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.
13 Schedule 1, items 432 and 433
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.
Part 4—Statutory committees
14 Schedule 1, item 557
Subsections 505B(4) and (5) of the principal Act, as inserted by item 557 of Schedule 1 to the amending Act, apply:
(a) in relation to a request made on or after the commencement day; and
(b) in relation to a requirement or permission, whether the requirement or permission came into existence before, on or after the commencement day.
15 Schedule 1, item 563
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.
16 Schedule 1, item 564
Subsections 505D(5) and (6) of the principal Act, as inserted by item 564 of Schedule 1 to the amending Act, apply:
(a) in relation to a request made on or after the commencement day; and
(b) in relation to a requirement or permission, whether the requirement or permission came into existence before, on or after the commencement day.
Part 5—Wildlife trade
17 Schedule 1, items 438, 441, 443 and 444
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:
(a) whether the application concerned was made before, on or after the commencement day; and
(b) whether the request for further information concerned was made before, on or after the commencement day.
18 Schedule 1, item 445
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.
19 Schedule 1, items 447 and 448
(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.
(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.