National EPA powers strengthened
New national environment protection reforms commenced today. They will strengthen the powers of the National Environmental Protection Agency. They will give greater authority to enforce environmental laws and respond quicker to serious breaches.
The reforms include:
- higher penalties for the most serious breaches of the law
- new environment protection orders which can be issued for up to 14 days in urgent situations to prevent or respond to major breaches. These orders can be extended once for a further 14 days if needed
- expanded audit powers to improve monitoring and compliance
Streamlining assessments and increasing certainty
Additional changes commencing today will make project assessment and approval processes more efficient, transparent and consistent under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). These include:
- new provision to allow minor or preparatory works before a final approval decision
- updated reconsideration processes
- the power for the National EPA CEO to make Rulings
- regulations explaining which projects will need to disclose Scope 1 and Scope 2 greenhouse gas emissions during assessments when the new tests commence
Further information is available on the Department of Climate Change, Energy, the Environment and Water’s website: Environment protection reforms.
First National Environmental Standards
The first four National Environmental Standards were made by the Minister for the Environment and Water on 19 August 2026.
Standards set principles that will need to be met when projects are assessed under the EPBC Act.
The first four Standards are:
- Matters of National Environmental Significance
- Environmental Offsets
- Community Engagement
- Data and Information
These standards will not apply to assessments and approval decisions until the new approval tests commence. This will happen on or before 1 December 2026. Further information is available: National Environmental Standards.
The National EPA is developing guidance to help support proponents to navigate the updated assessment processes when they commence.