Federal Parliament has now passed major reforms to the Environment Protection and Biodiversity Conservation (EPBC) Act. A deal between Labor and the Greens saw significant amendments agreed, and submissions to the Senate Inquiry are now closed. 

This is a real win that provides genuine building blocks to work with and it has only happened because of decades of hard work by so many in the conservation movement including First Nations communities, non- government organisations, scientists and everyday people like you pushing for change. 

At CAFNEC, we would like to thank our community for your ongoing support: your presence at our actions, handwritten letters, petition signatures and submissions truely made a difference. We would also like to thank our Federal MP for Leichhardt Matt Smith and Queensland Senator Nita Green for delivering this much needed reforms.

Nevertheless, while these reforms are a step in the right direction, they still leave big gaps on climate, First Nations justice and the hand-over of powers to the states, amongst others. 

Our job now is to make sure the new system actually works for nature and communities in Far North Queensland when this reforms are finally implemented.

Now, lets dig into the new EPBC Act…

1. The end of the Regional Forest Agreements (RFA) exemption:

For more than 25 years, native forest logging covered by RFAs has been exempt from the EPBC Act, even if the operation impacted Matters of National Environmental Significance (MNES), such as Threatened Species habitat!

That loophole finally has an end date: from 1 July 2027, RFA forestry operations will be subject to federal assessment where they significantly impact MNES.

This is a huge shift for forests in Tasmania, NSW and WA and a direct result of sustained community and legal advocacy.

2. Closing the ‘continuation of use’ deforestation loophole:

Until now, vast areas of regenerated forest and mature bushland – including in the Great Barrier Reef catchments – could be cleared with no federal oversight under a “continuation of use” exemption.

Now, with the amendments, this exemption no longer applies to vegetation within 50m of a watercourse, wetland or drainage line in GBR catchments; and regrowth that has not been cleared for 15+ years (where it’s not a forestry operation).

This will bring a large chunk of Queensland’s deforestation crisis under federal scrutiny for the first time. 

3. Keeping the ‘water trigger’ at the federal level:

The reforms prevent the “water trigger” being devolved to the states, meaning the Commonwealth retains oversight and responsibility for assessing big coal and gas projects that threaten water resources – crucial for places like Beetaloo Basin in the NT where fracking is an ongoing threat to the environment. 

4. No fast-tracking for coal and gas

Through the Greens negotiations, fossil fuel projects are now excluded from: 

• The new streamlined (fast-track) assessment pathway

   

• “National interest” approval exemptions

   

• Priority “go zone” pathways under bioregional planning

This means coal and gas projects can’t be rushed through using these shortcuts.

5. Stronger framework for National Environmental Standards

National Environmental Standards are meant to be the backbone of the new system: they should set clear and measurable outcomes for nature protection and decisions made under EPBC Act will need to be in line with this Standards. 

Two draft standards are already out for consultation: the Standard for Matters of National Environmental Significance (MNES) and The Restoration / Offsets Standard. Scroll down to learn how you can have your say in this first consultation open until Friday 30th of January 2026. 

Some improvements were secured: decisions now have to be “consistent with”, rather than just “not inconsistent with”, the standards; and the “pay-to-destroy” offsets fund cannot be used for certain threatened species and matters, limiting the worst excesses of cash-for-destruction.

6. A new National Environment Protection Agency (NEPA) and more frequent reviews

The laws establish a new National Environmental Protection Agency, which will oversee compliance and enforcement, ensuring approved projects act in accordance with their conditions. 

This includes powers to: monitor projects and developments approved under EPBC Act, investigate alleged breaches, issue infringement notices and civil penalties and take enforcement action through the courts where needed. 

It could also assess and approve projects, but only if the Federal Environment Minister formally delegates those powers. 

The laws also require reviews of the EPBC Act every 5 years, instead of every 10 years. This gives more regular chances to strengthen protections. 

 

Despite these wins, the new laws still fall short in key areas that matter deeply for Far North Queensland communities, First Nations peoples and the climate.

1. No clear duty to stop climate harm:

Projects will still not be assessed or refused on the basis of their climate damage. Proponents must disclose some emissions, but there is no explicit requirement for decision-makers to test or reject projects because of their climate risk to nature. 

In a region already living with marine heatwaves, mass coral bleaching, cyclones and floods, that is a glaring omission.

2. First Nations leadership still not embedded:

While there is talk of a future First Nations Standard, the package as passed was not co-designed with First Nations peoples and does not guarantee free, prior and informed consent. This First Nations Standard must embed genuine authority and consent, not just consultation but we are not there yet. 

3. Devolution: the “one-stop shop” problem isn’t gone:

The reforms add some safeguards like requiring accreditation of state processes before powers are devolved, and giving the Minister and the NEPA’s CEO limited “call-in” and review roles. 

But they still open the door to handing EPBC approval powers to the states, and state premiers are already pushing to be first in line. 

In resource-dependent states like Queensland and WA, where governments have strong ties to fossil fuel and mining industries, this raises serious concerns about conflicts of interest and weaker scrutiny especially for big projects in Reef catchments, Cape York and the Gulf.

4. Fast-tracking and “go zones” for everything except fossil fuels:

While coal and gas cannot be fast-tracked and are not eligible for the National Interest exemption, other damaging activities including large-scale land clearing, critical minerals mining, and poorly-sited renewables can still move through streamlined pathways and “priority” go-zone style arrangements under bioregional planning. 

Without strong, enforceable standards and genuine community input, these tools risk becoming “development zones” that lock in damage and sideline local voices.

5. Weak independence and powers for the new EPA:

The new national EPA: 

• Has enforcement powers, but only gets assessment/approval powers when the Minister delegates them

   

• Can be directed by the Minister when acting under delegation

   

• Has no independent board, with the CEO appointed at the Minister’s satisfaction

On top of that, the EPA’s ability to issue urgent “stop-work” orders has been curtailed, with strict time limits and higher evidentiary hurdles, making it harder to halt serious harm quickly. 

6. Unacceptable impacts test weakened:

The “unacceptable impacts” provisions, which should act as a hard line where destructive projects simply cannot be approved, were watered down during negotiations, raising the bar of certainty that the impact will occur. They have, for example, removed the language that an impact may “be likely to have” an unacceptable impact. 

7. A rushed process that limited scrutiny:

Finally, the government pushed an arbitrary deadline to pass around 1,500 pages of complex legislation before Christmas while the Senate Inquiry was still receiving submissions. This was a purposeful decision to limit the capacity of parliamentarians, communities, experts and First Nations organisations to properly scrutinise and shape the final laws.

The first 2 National Environment Standards are open for consultation until Friday 30th of January 2026. This means that the Department of Climate Change, Energy and the Environment and Water (DCCEW) is asking the public to have their say on the government’s draft:

1. Matters of National Environmental Significance (MNES) national environmental standard.

2. Environmental Offsets national environmental standard.

National Environmental Standards are the backbone of the new nature laws. If they are not strong enough, environmental protections won’t be strong enough. This is a crucial moment to have your say! 

Follow Environmental Justice Australia’s expert advise and use their submission guide + template to make your submission strong and impactful! 

 

Read the expert analysis from legal conservation organisations and key Australian Conservation Councils: 

1. Environmental Defenders Office – Historic environment reforms: What happened in Parliament and what comes next? 

2. Environmental Justice Australia – The detail: What’s in our new environment laws? 

3. Media Release – New environment laws falls short: gains for nature could be undermined by handing powers to the States. 

4. More information on the Australian Government’s DCCEEW webpage on consultation for National Environmental Standards – Matters of National Environmental Significance (MNES) and Environmental Offsests.