This consultation is closed.

Note: It was proposed that some parts of the reforms would commence early. Feedback indicates a public need for more time to consider and prepare for changes. We will confirm a new start date as soon as possible.

Updates to regulations and rules, explained in section 7 of Paper 1, will commence with the National EPA on 1 July.

Overview

The Australian Government’s Environment Protection Reform Bills were passed by the Australian Parliament on Friday 28 November 2025.

The reforms implement the key recommendations of the 2020 Samuel Review. Some parts of the new laws have already commenced while others continue to be rolled out in stages.

Once fully implemented, these reforms will deliver:

  • stronger environmental protection and restoration

  • more efficient and robust project assessments

  • greater accountability and transparency in decision making.

The next stage of the reforms will set up the future environmental regulation system for success. Two key reforms that will commence under the law on 1 July 2026 are:

  • the establishment of the National Environmental Protection Agency (National EPA)

  • the statutory head of Environment Information Australia (EIA).

We consulted on the next tranche of reforms in May 2026. Some of these were updates to regulations and rules needed for setting up the National EPA from 1 July. These updates commenced on 1 July.

We will consult on further regulations when they are available.

Consultation documents

Overview

Overview [PDF 810 KB]

Overview [DOCX 1.1 MB]

1. Transition to National EPA

1.1 National EPA powers and penalties

1.2 New Audit arrangements

1.3 National EPA rules for transparency

Paper 1 Transition to National EPA [PDF 1.65MB]

Paper 1 Transition to National EPA [DOCX 1.25MB]

2. More certainty for projects and environment protection

2.1 Protection statements

2.2 Rulings

2.3 Unacceptable impacts

2.4 Minor or preparatory works

2.5 Reconsiderations

2.6 Lapsing not-controlled actions

2.7 Other minor changes

Paper 2 More certainty for projects and environment protection [PDF 894KB]

Paper 2 More certainty for projects and environment protection [DOCX 1.16MB]

3. Reducing duplication

3.1 Bilateral agreements

3.2 Commonwealth accreditation

3.3 NOPSEMA declaration

3.4 Greenhouse gas reporting

Paper 3 Reducing duplication [PDF 844KB]

Paper 3 Reducing duplication [DOCX 1.16MB]

Exposure Draft regulations

Table of topics –  by consultation paper section and Instrument item number

EPBC Amendment Regulations - Table of Topics .[PDF 195KB]

EPBC Amendment Regulations - Table of Topics [DOCX 50KB]

Exposure draft of Environment Protection and Biodiversity Conservation Amendment (2026 Measures No. 1) Regulations 2026

Attachment A - Exposure Draft of EPBC Regulations [PDF 483KB]

Attachment A - Exposure Draft of EPBC Regulations [DOCX 248KB]

Have your say

Your feedback was invited on the policy settings and draft regulations to support new laws.

Stakeholders were invited to:

  • read the consultation papers

  • consult the table of topics to find relevant regulations in the exposure draft

  • Note the exposure draft regulations relate to a subset of items in the consultation papers. Other items will be implemented through different instruments, such as Rules or proclamations.

  • consider your feedback

  • take our survey

  • to support you to consider the draft regulations, consultation has been extended

We are considering all relevant feedback to inform the development of these supporting laws. We will not be considering feedback on the primary laws (Acts), as these have already been passed by parliament.

Timeline

  • Policy papers released for feedback
    closed

    Friday 8 May 2026

  • Exposure draft regulations released to complement policy papers. Consultation period extended
    closed

    Monday 18 May 2026

  • Consultation Closed
    closed

    Friday 5 June 2026

Upcoming stages

  • National EPA and head of EIA established
    closed

    1 July 2026

  • Supporting laws to set the future environmental regulation system up for success
    pending

    August - September 2026

  • Consultation on further elements of the reforms, including new approval pathways
    pending

    Later in 2026

  • Commencement of all elements of the new laws
    pending

    by 1 December 2026

Contact
Environment Law Reform Taskforce