Two major milestones have been reached in Australia’s environment law reforms. They are:
- making Australia’s first ever National Environmental Standards
- the commencement of the next tranche of reforms.
Setting clear rules for approvals
The new environmental standards will help protect the environment. They will also make environmental approval processes clearer and easier to follow. The 4 new standards are for:
- Matters of National Environmental Significance
- Environmental Offsets
- Community Engagement
- Data and Information.
The standards:
- set out what must be done when projects are assessed under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
- provide clear benchmarks for decisions to be made by the new National Environment Protection Agency (National EPA).
These standards will not apply to assessments and approval decisions made by the Commonwealth, including the National EPA, yet. They will apply when new approval tests begin on or before 1 December 2026. This gives proponents and decision-makers time to prepare.
The standards will apply now to decisions by the minister to enter into bilateral agreements with:
- states and territories
- Commonwealth entities.
The standards were developed in consultation with stakeholders. Drafts were released for public consultation so people could share their views. This feedback helped shape the final standards.
What’s next
A standard for First Nations engagement is underway. It will be released for public consultation in due course.
Guidance materials will be developed to support implementation of the standards. This will take place ahead of the new approval requirements commencing on or before 1 December 2026.
