The Commonwealth Government has introduced the most significant reforms to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in over two decades. These changes reshape how environmental referrals, assessments, and approvals are undertaken, with stronger national standards and new streamlined pathways.

Key Changes You Need to Know

• Streamlined Assessment Pathway: Multiple older assessment routes have been consolidated into a single streamlined pathway. For eligible proposals, decisions may now be issued within 30 business days, provided the referral information is complete and robust.
• Higher Upfront Information Requirements: Referrals must now include more detailed baseline data, impact analysis, and justification to qualify for the faster pathway.
• Binding National Environmental Standards: All referral decisions must now align with new National Environmental Standards, ensuring proposals avoid “unacceptable impacts” and meet strengthened requirements for managing residual impacts.
• Expiry of ‘No-Controlled-Action’ Decisions: A “no-controlled-action” determination will automatically lapse after five years unless the project has substantially commenced.
• Creation of a New Federal Regulator: The reforms establish the National Environmental Protection Agency (NEPA), significantly increasing compliance oversight and enforcement powers.

Traditional Owner Engagement

The reforms strengthen expectations around early Traditional Owner engagement, particularly for projects affecting MNES such as listed ecological communities, wetlands, and culturally significant landscapes.

Proponents are now expected to:

• Demonstrate early and proactive liaison with Traditional Owners or Native Title parties
• Include cultural values, knowledge and perspectives in baseline information
• Identify impacts on culturally significant species, places or landscapes
• Show how Indigenous engagement has informed avoidance, mitigation, and offset planning

Early engagement is now considered essential for delivering a “complete” referral that qualifies for streamlined pathways.

How Redleaf Can Support Your Project

Redleaf can help you navigate the new EPBC requirements by:

• Conducting early project screening and identifying risks
• Preparing referral packages that meet strengthened information thresholds
• Facilitating Traditional Owner liaison and integrating cultural values into project design
• Updating impact and offset assessments
• Advising on the suitability of streamlined vs. standard pathways

If you’re planning a future development or unsure how the reforms affect your project, our team is here to help.