This cosultation is closed.

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 are consulting on the policy settings for new or updated rules and regulations that:

  • support a smooth transition to the new National EPA

  • provide more certainty for projects and environment protection

  • reduce duplication across different regulatory systems

We are proposing that these supporting laws come into effect on 1 July 2026.

To support this consultation we have released draft regulations. We have extended the consultation period to give stakeholders time to review these.

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 is invited on the policy settings and draft regulations to support new laws.

To have your say:

  • 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

submit your feedback by 11.59pm AEST,  Friday 5 June 2026. We will consider 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.

We have designed this consultation survey to ensure you can provide clear feedback on different elements of the reforms in this consultation.

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 Closes
    pending

    Friday 5 June 2026

Upcoming stages

  • National EPA and head of EIA established; along with supporting laws to set the future environmental regulation system up for success.
    pending

    1 July 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