Significant reform to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is now firmly on the agenda. Last week, the Federal Minister for Environment and Water, Senator Murray Watt, confirmed the Albanese Government will fast track its national environmental law reforms, with plans to introduce the legislation to Parliament before the end of the year.
Following consensus at last week’s Economic Reform Roundtable, legislation originally scheduled for mid-2026, will now be brought forward.
Senator Watt confirmed that the proposed bill will include a broader suite of reforms than what was introduced in the previous term of Parliament and will be focused on implementing the three core principles of the Samuel Review from 2021:
stronger environmental protection and restoration
more efficient and robust project assessments
greater accountability and transparency in decision-making.
The legislation will also deliver on the government’s election commitment to establish a federal Environmental Protection Agency, although consultation is ongoing regarding its exact model.
With industry and stakeholders calling for urgent review, this news has been welcomed by numerous commentators, but it is not without controversy. Many in the mining industry have previously voiced concerns that including a national Environmental Protection Agency in the approvals process will lead to further delays and slow project investment, particularly at a time when Australia needs increased investment to meet its energy transition and critical mineral security objectives. A key point of contention is whether the new agency or the Minister it reports to will be the ultimate decision-maker on approvals. Industry bodies, the Western Australian Government and the Opposition are calling for the Minister to have the ultimate authority on these matters.
The final model remains unclear and will be closely watched by the mining industry.