Environment Protection Reform Bill 2025 [and related Bills]: bill digest
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The Environment Protection Reform Bill 2025 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and 11 other Acts to implement substantive reforms. This package of seven Bills implements the second and now final stage of the Albanese Government’s response to the second independent statutory review of the EPBC Act (Samuel Review).
The reforms include national environmental standards, ‘unacceptable impacts’, ‘net gain’ and restoration charges in lieu of environmental offsets, reforms to the national interest exemption and a new ‘national interest proposal’, streamlining reforms to approvals and accreditation pathways, reforms of the nuclear actions trigger, improved compliance and enforcement powers, and increases in criminal penalties and civil penalties.
This paper outlines the purpose and structure of the Bills, provides a brief overview of the EPBC Act and need for reform, and presents the policy position of non-government parties and independents.
Key points
- The National Environmental Protection Agency Bill 2025 establishes a statutory agency to be known as the National Environmental Protection Agency.
- The Environment Information Australia Bill 2025 establishes the SES position of Head of Environment Information Australia within the department and sets out the Head’s functions.
- The Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025 establishes a framework to enable the imposition of restoration charges in lieu of a proponent establishing environmental offsets.
- Three additional Bills provide for regulations to prescribe general charges, customs charges and excise charges, as necessary for cost recovery purposes.
- In the lead up to the introduction of the Bills, stakeholders have variously raised significant concerns about whether the proposed reforms will actually protect the environment or will reduce and/or remove ‘red and green tape’ for business.
