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The Federal Government and the Greens have agreed on major amendments to Australia’s environment law after months of negotiations.[2]
The agreement delivers new national environmental standards and creates a National Environmental Protection Agency, known as NEPA, to oversee implementation.[2]
The package is built on recommendations from the 2020 independent review of the Environment Protection and Biodiversity Conservation Act, the Samuel review, and has been presented by the government as a long overdue modernisation of the EPBC Act.[1]
Under the deal, native forest logging that was previously exempt under regional forest agreements will be subject to federal standards within 18 months of the bill’s passage.[3]
The government also accepted a Greens push to prevent fast-tracking of coal and gas projects through the new approvals route, while retaining a federal role on water-related approvals.[2]
Labor ministers described the reforms as balancing nature protection with streamlined approvals intended to reduce duplication between Canberra and the states.[4]
Business groups and industry bodies warned the package, as negotiated with the Greens, would introduce new costs and uncertainty for resource, infrastructure, and housing projects.[6]
Environmental lawyers, scientists and some conservation organisations welcomed parts of the bill, but warned the reforms contain potential loopholes that could weaken protections unless the rules and enforcement are robust.[5]
What the reform does
The reform replaces the current EPBC Act decision framework with national environmental standards that will set binding thresholds for unacceptable impacts and for protection of key matters of national environmental significance.[1]
The package also establishes NEPA, a new independent agency to make decisions, publish information and drive compliance across jurisdictions.[1]
Bioregional planning, strategic assessments and a requirement for public environmental information are central elements designed to shift from project-by-project decisions to more strategic, regional approaches.[4]
The bills include measures intended to speed approvals for projects deemed to meet the new standards while maintaining criminal penalties and higher fines for deliberate breaches.[4]
Transitional arrangements are proposed so that existing class approvals continue to operate while the new system is bedded in.[9]
Political manoeuvring and the parliamentary deal
The government negotiated with the Greens in late November 2025 to secure votes needed to pass the reform package through the Senate on the final sitting day of Parliament.[2]
The Greens secured explicit commitments on native forest logging and the removal of some exemptions, in exchange for agreeing not to press immediately for stronger climate-related assessment triggers.[3]
The Coalition opposed the final deal, arguing the changes would increase energy and project costs and reduce investor certainty.[11]
Labor argued the deal was necessary to end two decades of legal uncertainty and to deliver a single national framework that listens to science and business alike.[4]
Business and industry reaction
Major industry groups urged bipartisan clarity and warned that certain drafting and administrative arrangements could delay major projects unless clarified quickly.[7]
The mining and resources sector said the bill as negotiated failed to strike the right balance between environmental protection and responsible development, and called for clearer definitions and faster administrative processes.[6]
The Business Council and other peak business bodies urged federal and state governments to finalise rules that avoid duplicative approvals and unnecessary costs for large infrastructure and energy projects.[7]
Environmental and legal responses
Conservation organisations welcomed creation of national standards and an independent agency, while warning that the detail of standards and enforcement will determine outcomes for species and ecosystems.[10]
Environmental law centres advised that although the reforms include promising tools such as unacceptable impact tests, the draft laws still permit pathways that may undermine biodiversity outcomes if not tightly defined.[5]
Universities and expert groups called for stronger transparency and clear metrics for measuring net gain and biodiversity recovery under the new framework.[8]
Practical implications on the ground
For native forests in parts of New South Wales and Tasmania, the change means projects previously exempt from federal scrutiny will become subject to national standards and potential legal challenge under federal law.[3]
Developers of renewable energy, housing and mining projects will face a new approvals architecture that aims to speed decisions where standards are met, but will also encounter more stringent data and reporting obligations.[9]
Indigenous groups and state governments will continue to play crucial roles in regional planning and approvals, with the commonwealth able to enter new federal-state agreements under the reformed system.[1]
Analysis and remaining questions
Legal analysts say the success of reform rests on how NEPA exercises its powers, how “unacceptable impacts” are defined, and how bioregional plans are developed and resourced.[9]
Economists and industry advisers note that certainty for investment will depend on operational detail, timelines for agency decisions, and clarity on transitional arrangements for existing approvals.[7]
Conservation scientists warn that national standards must be robust, enforceable and underpinned by strong monitoring if the reforms are to reverse species decline and habitat loss.[10]
Next steps
The reform bills will proceed through legislative stages, with public consultations and committee consideration scheduled, and the government signalling a staged rollout for NEPA and standards implementation over the next two years.[4]
Ministers have said additional funding and administrative resources will be needed to support the agency and to develop bioregional plans that meet statutory timeframes.[1]
Stakeholders from business, environment and Indigenous organisations have been invited to make formal submissions during the consultation window and to engage with agencies drafting the standards and guidance.[4]
Bottom line
The EPBC reform deal struck in late November 2025 represents a significant rewrite of Australia’s national environmental law, pairing new national standards and an independent agency with compromises aimed at securing Senate passage.[2]
How well the reforms protect nature while supporting responsible development will depend on the precise legal drafting, agency resourcing, and ongoing political will to enforce the new rules.[5]
References
- EPBC Act reform — Department of Climate Change, Energy, the Environment and Water
- Labor strikes deal with Greens to pass long-awaited overhaul of nature protection laws — The Guardian, 27 Nov 2025
- Labor concedes native forest protections, fossil fuel carveout on EPBC reforms — The Australian, 27 Nov 2025
- Environment Protection Reform Bill 2025 — Parliamentary Library Bills Digest
- EPBC Act reforms make it to parliament — EDO, 31 Oct 2025
- EPBC Bill fails to strike right balance — Minerals Council statement, 27 Nov 2025
- Nation’s prosperity hinges on crucial EPBC reforms — Business Council of Australia
- Expert reaction: new environmental laws to pass Senate — Scimex, 27 Nov 2025
- Understanding the EPBC Act reforms: A practical guide — Norton Rose Fulbright
- Environmental law reforms unlikely to deliver for biodiversity without major strengthening — Biodiversity Council
- Albo strikes historic deal with the Greens — Yahoo News / AFP, 27 Nov 2025
- Nature laws agreement delivers big forests outcome — MediaNet / NewsHub, 27 Nov 2025