First National Environmental Standards set amid ongoing EPBC reform
The Albanese Labor Government has today made Australia’s first ever National Environmental Standards, a central plank in our historic reforms to Australia’s national environmental law. This is a major step in ensuring our reforms deliver better environmental protections and faster and clearer approvals for vital housing, energy and minerals projects. These Standards were a key recommendation of the Samuel Review of the Environmental Protection and Biodiversity Conservation They will provide clearer, more consistent benchmarks that must be met for decisions made by the new, independent National Environmental Protection Agency and enable the delivery of new agreements with states and territories to speed up approvals.
The four new Standards include: Matters of National Environmental Significance (MNES Standard) Environmental Offsets Community Engagement Data and Information. The MNES Standard contains an overarching framework for decision makers to provide for the protection, conservation, restoration and recovery of protected matters. It also includes the requirement to avoid, mitigate and repair damage, before considering compensation for impacts.
The Standard for Environmental Offsets provides a framework for offsets activities to adequately compensate for damage. It requires that any offsets be feasible, measurable, additional and protect or restore the same type of environmental value that was impacted. Offsets must also achieve a net gain for the environment to ensure they more than compensate for any damage that cannot be avoided or repaired.
The Community Engagement Standard sets out what good engagement with the community looks like, and the Data and Information Standard ensures that decisions made are underpinned by appropriate data and information. The structure of the standards mean they cannot be weakened or altered in a way that reduces environmental protection, data quality, or consultation integrity.
These standards will apply from next week to new bilateral agreements with States and Territories but will not apply to individual project assessments and approval decisions until the new approval tests commence, by 1 December 2026. The remainder of the reforms, including the new streamlined assessment pathway and bioregional planning improvements, are also set to commence by this date.
Next week also marks the start of the next tranche of reforms to the EPBC Act after relevant regulations were approved today. This includes changes to allow minor and preparatory works before an approval, the introduction of the new rulings powers, establishing the framework for protections statements, and new provisions related to enfranchising bilateral agreements.
Quotes attributable to Murray Watt, Minister for the Environment and Water: “The National Environmental Standards are about protecting our precious environment while powering productivity. “It’s about turning around nature’s dire trajectory, while simplifying the process to approve the new homes, energy and minerals projects Australia needs. “And it’s about delivering the fundamentals that were at the heart of the Samuel Review.
“Ultimately, our reforms to national environment law are about restoring trust in the system. “Today we have taken the next step toward a new era of environmental protection and productivity in Australia.” We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.