EPBC Act approvals– what’s changed for landholders and developers?

Australia’s national environmental laws have been updated through recent reforms to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The revised framework changes how and when landowners and developers are required to seek Commonwealth approval for actions that may affect matters of national environmental significance (MNES).

This is leading to some uncertainty and confusion for landholders around whether the new rules apply to them and if so, how to navigate the new processes for approvals.

Lawrence Smith, Executive Director – Commercial, explains some of the key changes and highlights areas where landowners and developers should seek expert advice about their planned activity.

What actions require EPBC approval?

Under the former framework, Commonwealth approval was required if an action was likely to have a ‘significant impact’ on one or more MNES, such as:

• Listed threatened species and ecological communities
• Ramsar-listed wetlands
• World and National Heritage places
• Migratory species
• Water resources affected by coal seam gas and large coal mining developments

The primary trigger was whether a proposed action met the ‘significant impact’ threshold. The Act did not define impacts that could not proceed, and decisions relied heavily on interpretation of significance, informed by guidance documents and case law.

Reforms tighten EPBC referral and approval criteria

The reforms introduce new decision-making rules, assessment criteria and regulatory oversight for activities with potential impacts on MNES. As a result, some actions may now trigger EPBC Act referral and approval requirements in circumstances where they previously did not.

Key features of the reformed EPBC Act that may change what requires approval include:

• National Environmental Standards: These standards are currently being drafted and will provide guidance on how to meet the EPBC Act requirements, including MNES, and approval decisions must be made consistently against them.
• Unacceptable Impacts: Actions that cause or are likely to cause serious or irreversible harm to protected environmental values cannot be approved and must be avoided through project redesign or changes to the proposed activity.
• Impact Assessment: Additional emphasis on applying the mitigation hierarchy and demonstrated measures to avoid impacts, assessing cumulative and indirect impacts more clearly, and applying consistent standards when considering habitat loss and modification.
• Land Clearing: Change to the ‘continuous use’ exemption means land managers should now seek approval to clear land has not been cleared of vegetation in the past 15 years or is within 50 metres of a watercourse in the Great Barrier Reef catchment.
• Regional Forestry Agreements: RFAs are no longer exempt from the EPBC Act so forestry operations will need to comply with the same rules and standards as other industries.

Actions that could trigger EPBC referral

Landowners and proponents may now be required to seek Commonwealth approval for a wider range of activities. In practical terms, this affects actions that disturb land, modify habitat or alter environmental conditions connected to MNES.

Examples of activities that may now require closer consideration include:

Land clearing and vegetation removal
Clearing native vegetation that provides habitat for threatened species or ecological communities may require referral where the action affects habitat quality, extent or connectivity.

Agricultural expansion and land use change
Converting land to more intensive agricultural uses, expanding cropping areas, establishing feedlots or undertaking new irrigation works may require approval where these activities affect protected species, wetlands or water resources.

Farm infrastructure and property development
Construction of dams, levees, access tracks, buildings or other infrastructure may trigger referral if these works alter waterways, impact protected habitat or intensify impacts in sensitive locations.

Works in or near wetlands, waterways and coastal environments
Activities that modify surface water flows, drainage patterns or wetlands connected to Ramsar-listed sites or other MNES may require referral under the revised framework.

Staged or incremental projects
Actions that occur over time or across multiple stages may now be assessed more clearly for cumulative effects.

Project variations or intensification
Changes to existing operations or approved activities— such as expanding a footprint, increasing production levels or altering timing — may require reassessment where they introduce new or increased impacts on MNES.

What this means for landowners and proponents

Project proponents may be more familiar with navigating complex approval processes and ready to adjust to changes, but for landholders that have previously not interacted with the EPBC Act, this will be a major step change.

Given the strengthened compliance and enforcement framework, ensuring that referral obligations are identified and addressed before works commence is critical.

Remaining elements of the reforms continuing to roll out through 2026, including finalising the National Environmental Standards and the commencement of the National Environmental Protection Agency.

Early assessment of potential impacts, supported by ecological and regulatory advice, can help landowners and proponents identify referral obligations and integrate environmental requirements into project design to reduce risk and improve environmental outcomes.

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