Executive summary of update

This update represents a significant reform of the Environment Protection and Biodiversity Conservation Act 1999*, primarily through the amendments introduced by the *Environment Protection Reform Act 2025 (Act No. 68, 2025). Key changes include the establishment of two new independent bodies: Environment Protection Australia (EPA) and Environment Information Australia (EIA), which will centralise data management, compliance, and enforcement. A major structural change is the introduction of legally binding National Environmental Standards, which will now form the basis for decision-making under the Act, replacing the more flexible and bespoke approaches of the past. The update also significantly strengthens enforcement powers, introducing stop orders and adverse publicity orders, and narrows key exemptions, such as the "lawful continuation of use" for land clearing near the Great Barrier Reef. These reforms will increase regulatory oversight, standardise assessment processes, and heighten compliance risks for all regulated entities.

Impacted parties

This update has broad implications for all project proponents, developers, and landholders whose activities may impact matters of national environmental significance, as well as for Commonwealth agencies, which now face new obligations and interactions with newly established regulatory bodies.

Change Analysis

1. Establishment of New Environmental Bodies and National Environmental Standards

The update introduces a new framework for environmental governance by establishing two independent statutory bodies and a system of legally binding standards.

• Environment Protection Australia (EPA):** The new Part 12A establishes the EPA (**s 177AA). This body will be responsible for environmental assessments, decisions on approvals, compliance monitoring, and enforcement. This centralises and strengthens regulatory oversight, moving key decision-making functions away from the Department and creating a more independent enforcement authority.
• Environment Information Australia (EIA):** The new Part 12B establishes the EIA (**s 177CL), which will be responsible for managing environmental data, reporting on environmental indicators, and ensuring transparency. This body will act as a central source of authoritative environmental information.
• National Environmental Standards:** The new Part 19B introduces National Environmental Standards (ss 514YC-514YK). These are legislative instruments that will set clear, legally enforceable outcomes for matters of national environmental significance. Decision-makers under the Act will be legally required to apply these standards when making decisions on project approvals and conditions (**s 514YK). This replaces the previous, more discretionary approach with a rules-based framework intended to provide greater consistency and certainty.

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