On 25 March 2025, the parliament introduced an amendment to the Environment Protection and Biodiversity
Conservation Act 1999 (the EPBC Act) that was promoted as resolving litigation harming Tasmanian salmon farmers.

The Environment Protection and Biodiversity Conservation Amendment (Reconsiderations) Act 2025 is intended to restrict the power of the federal environment minister to reconsider past decisions in relation to an action ongoing or recurring for at least five years. The amendment – intended to clamp down on activist litigation – was exposed as inadequate after it was immediately the subject of a legal challenge by a green activist group. 

This paper proposes that reconsideration timelines are not the underlying problem facing salmon farmers and other projects but are the symptom of a complex and burdensome federal regulatory framework that empowers green groups to engage in damaging lawfare. 

The case study of the Maugean skate detailed in the paper reveals the one-sided process that allows green groups to throw up numerous hurdles in front of legitimate economic projects.

Key findings

• Between 2000 and 2020, projects with a combined economic value of at least $65 billion were put at risk of cancellation by being held up in court for a cumulative total of 10,100 days due to section 487 of the EPBC Act.
• The number of protected species under the EPBC Act increased by 63% between 1992 and 2016, which expands the scope for activists to delay or cancel development or use of land (the Maugean skate was added in 2004).
• The EPBC Act became significantly more complex during the first two decades it was in force, with the number of regulations contained in the legislation and associated regulations increasing by 445% between 2000 and 2020.