Bushfire management and national environment law

This page explains aspects of the Environment Protection and Biodiversity Conservation Act 2025 (EPBC Act). It covers how the law applies to bushfire management by:

state and territory governments
local councils
fire and emergency services
individuals.

About national environment law

Australia’s key national environment law is the EPBC Act. It regulates activities that could have a significant impact on nationally protected matters.

The Australian Government’s Environment Protection Reform Bills were passed by the Australian Parliament on Friday 28 November 2025.

As part of these bills you can no longer claim an exemption to clear land:

that hasn’t been cleared for at least 15 years
within 50m of a watercourse, a wetland or a drainage line in the Great Barrier Reef catchment area.

This means you may need to refer this type of action for assessment.

You can find more information at Environment protection reforms

Bushfire management activities

Bushfire management falls into 2 categories:

Firefighting – emergency actions taken to prevent bushfires damaging life or property.
Fire prevention – preventative actions taken to prevent or reduce the risk of severity of fires before a fire occurs.

National environment law and firefighting activities

In an emergency protecting life and property comes first.

National environment law does not restrict emergency firefighting.

However, some emergency actions may have a significant impact on nationally protected matters. For example:

back burning
clearing of fire breaks
setting up camps or vehicle access in threatened species habitat.

If these actions are part of an emergency response, they are unlikely to lead to penalties. Still, we recommend identifying nationally protected matters in:

bushfire risk management plans
local and regional operational mapping.

In the case of an emergency, and where legal certainty is required, the federal environment minister can issue an urgent exemption if it is in the national interest (see Exempt activities).

National environment law and bushfire prevention

States and territories manage most fire prevention. National environment law only applies if:

the activity could significantly impact a protected matter; and
no exemption applies.

Fire prevention activities only need federal environmental approval if:

they are likely to have a significant impact on a nationally protected matter
they are not specifically exempted by the national environment law (see Exempt activities).

Exempt activities

Some activities do not need approval. These include:

actions approved under federal or state or territory laws before July 2000 (when the legislation began)
land uses that have occurred within the last 15 years within the same location without enlargement, expansion or intensification. This includes:
- maintaining access tracks and fire breaks
- maintaining existing fire infrastructure, services and utilities
- roadside weed control
- routine controlled burns
forestry operations done in accordance with a Regional Forest Agreement (as defined in the Regional Forest Agreement Act 2002)
activities with an endorsed strategic assessment policy, plan or program
activities declared not to need approval in an approved conservation agreement under national environment law
activities otherwise declared by the federal environment minister not to require approval.

However, the exemptions do not cover activities which:

have expanded or intensified over that time (such as clearing a new, large-scale firebreak)
have changed location or nature of use resulting in substantially greater impact.
involves clearing vegetation from land if it hasn’t been cleared for at least 15 years and is not a forestry operation.

Fire prevention activities that are not likely to be significant

National environment law does not regulate everyday land management. Fire prevention activities that usually do not need federal approval include:

routine fuel reduction burns, including roadside burns done under state or territory law
routine maintenance of fence lines, access roads or tracks
routine maintenance of existing fire breaks, fire infrastructure, services and utilities
replacing sheds or other infrastructure at the same site
local weed control by hand or machinery
minor sediment and erosion prevention works and repairs
temporary repairs and track closures
clearing defendable space around a home or rural asset under local rules.

These examples are a guide. Whether an activity has a significant impact depends on many factors and must be assessed case-by-case.

Fire prevention activities that might need approval

You may need federal approval if:

the activity is likely to have a significant impact on a nationally protected matter
no exemption applies (see Exempt activities).

These activities may cause irreversible damage to threatened species or ecological communities and habitats. This could include:

building large new fire breaks, asset protection zones, access roads or tracks
one-off fuel reduction burns in remnant forest that is important habitat and has not been burned before
new burning regimes in world heritage sites, national heritage places or Ramsar wetlands
large-scale trial or experimental ecological burns in threatened species habitat or ecological communities
burns in listed ecological communities that are not fire tolerant (for example, littoral rainforests and wet schlerophyll forests)
burns that may cause serious indirect damage to such as erosion affecting water quality in Ramsar wetlands.

The list focuses on threatened species and ecological communities, as these are most at risk. However, approval may also be needed if the activity impacts:

migratory species
Ramsar wetlands
Commonwealth land.

How to get approval

If your activity is not exempt you may need to submit a referral under the EPBC Act.

Do a self-assessment to check if your activity could impact a protected matter.
If it is likely to have a significant impact, you must refer it to the department.

Submitting a referral does not always mean you will need federal approval. You will usually be told within 20 business days if assessment and approval are required.

Find the guide and referral form.

Not sure if you need approval?

If you are unsure contact the agency at epbc.referrals@nationalepa.gov.au or call 1800 423 135.

What's protected under the EPBC Act.

Guidance on what counts as a significant impact:

More information on fire impacts on species and ecological communities:

Tools to help you: