This update repeals and replaces the Environment Protection and Biodiversity Conservation Regulations 2000 with the new 2025 Regulations. While much of the content is carried over, this is a significant legislative reset that introduces several substantive changes. Key updates include new transitional provisions in Part 20 to ensure continuity for matters under the old regulations, and increased permit application fees as detailed in Schedule 11. The information required for project referrals has been expanded under Schedule 2 to explicitly include impacts on the Great Barrier Reef Marine Park and water resources from unconventional gas and large coal mining developments. Numerous machinery updates have been made, including changing the federal merits review body to the Administrative Review Tribunal and updating the names of government agencies and expert committees. The primary intent is to modernise the regulatory framework, with the most significant practical consequence being the need for immediate updates to internal fee schedules and referral processes.
The update has a broad impact, affecting all parties involved in referring actions, applying for permits, or otherwise engaging with the environmental assessment and approvals framework under the EPBC Act.
The 2025 Regulations formally repeal the 2000 Regulations via Schedule 13. To manage this transition, a new Part 20 has been introduced, providing critical legal certainty. Section 20.01 ensures that any instrument made or action taken under the old regulations (e.g., an issued permit, a submitted application) continues to have effect as if it were done under the new regulations. Section 20.02 contains specific saving provisions for fees that were payable or would have become payable under the old framework, ensuring their continued collection. Section 20.03 clarifies that historical offences under the 2000 Regulations are still considered "relevant offences" for the purpose of assessing new permit applications. This complete repeal and replacement, supported by a new transitional framework, establishes a modernised, single point of reference for the regulations.
Schedule 2 has been amended to broaden the scope of information required when referring a proposal to take an action. Proponents must now explicitly describe the nature and extent of likely impacts on two additional matters:
Correspondingly, item 5.03 now requires proponents to state whether the action is located in the Great Barrier Reef Marine Park....
