After years of reviews, inquiries and debate, significant changes to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) passed in November 2025.
Under these reforms, the Environment Minister can create National Environmental Standards – legally enforceable rules that set clear boundaries for decision-making and deliver stronger protections for matters of national environmental significance.
Shortly after the creation of this power, two draft Standards were released for public comment:
- Environmental Offsets national environmental standard
- Matters of National Environmental Significance (MNES) national environmental standard
While we welcome the introduction of Standards as a critical part of EPBC Act reform, neither the MNES Standard nor the Offsets Standard meets the requirements of the EPBC Act. As drafted, they will not deliver real environmental protection and risk the government falling short of its stated objectives for these reforms.
The MNES Standard must be amended in five essential areas:
- The MNES Standard must promote the objects of the EPBC Act and not be inconsistent with Australia’s obligations under international treaties
- The MNES Standard must be sufficiently defined and outcomes-based
- The MNES Standard should apply to all relevant decisions and require proponent compliance
- The objectives must be specific and granular
- Outcomes and principles must be strengthened and defined
The Offsets Standard must be amended in six essential areas:
- The Offsets Standard must be amended to promote the objects of the EPBC Act and be not inconsistent with Australia’s obligations under international treaties
- The Offsets Standard must be outcomes-based, clear and enforceable
- The Offsets Standard must set out appropriate safeguards on restoration contributions and the Restoration Contribution Holder must be bound by principles
- The Offsets Standard must be introduced alongside regulations recognising matters that cannot be offset
- The Offsets Standard should apply to all relevant decisions, and require proponent compliance
- The Offsets Standard objectives, outcomes and principles should be strengthened and improved
