On 20 February 2026, the first tranche of reforms to the EPBC Act commenced, as part of a broader set of reforms aimed at reforming national environmental law (Tranche 1 reforms).
Since then, the Australian Government has confirmed a staged rollout of the remaining reforms, with commencement of Tranche 2 on 1 July 2026, and the balance of the reforms on or before 1 December 2026 (Tranche 2 reforms), following the release of the EPBC Reform Bill 2025 and related bills (which had since been enacted), broadly supporting the reform package while recommending further consultation and refinement of key elements, particularly the timing of and changes to environmental standards under the EPBC Act based on the national interest.
Subsequent to that report, the Minister has progressed consultation on the national environmental standards and provisions to bring forward some additional protections aimed at increasing certainty for projects and reducing duplication.
To recap key dates, the Tranche 1 reforms include changes in relation to:
- requests for variations to existing assessments;
- reconsideration of particular manner decisions;
- the surrender of unused Part 9 approvals;
- allowed updates to policies, plans or programs made under Part 10 for strategic assessment;
- new information sharing arrangements;
- an expansion of the Indigenous Advisory Committee (IAC); and
- wildlife trade laws.
Consultation on the national environmental standards has also progressed, with consultation now finalised for the following exposure drafts:
- Matters of National Environmental Significance;
- Environmental Offsets;
- Community Engagement; and
- Data and Information.
The national environmental standard for First Nations Engagement is not yet ready for consultation.
This article provides a high-level overview of the Tranche 1 reforms and key takeaways from the Senate Committee Report.
Many of the Tranche 1 changes that came into effect on 20 February 2026 were administrative and procedural in nature, designed to improve the clarity, efficiency and transparency of decision-making under the EPBC Act.
Variations to strategic assessments
Strategic assessments identify types of development that will be allowed in specific areas, and any conditions that subsequently apply to those areas. The Tranche 1 reforms included changes in relation to strategic assessments, that provide for:
- more clarity around what changes a strategic assessment following its approval;
- minor changes being able to be made to approvals and approved plans;
- where appropriate, conditions being able to be varied; and
- when assessing large coal or unconventional gas projects, the Minister to consider expert scientific advice.
‘Particular manner’ decisions
The Minister has the power to deem actions ‘controlled actions’, being that a proposed project or activity that is likely to have a significant impact on matters of national environmental significance or Commonwealth land, and can reconsider this decision if they receive substantial new information about the impacts of the action, or there is a substantial change in circumstances.
The Minister can also decide that an action is not a controlled action, if the action is taken in a particular manner, and notice is provided under s 77A of the EPBC Act.
Under the Tranche 1 reforms:
- the Minister can be asked to reconsider this decision if the particular manner of the action is no longer appropriate;
- the Minister can also be asked to reconsider this decision if a proposed project or activity is likely to have a significant new or increased impact; and
- following this reconsideration, the Minister may specify conditions for the action.
Surrender of Part 9 approval
To streamline assessment processes under Part 9 of the EPBC Act, and to reduce compliance burdens, approval holders can now surrender their Part 9 approval. The Minister can agree to accept the surrender, taking into account:
- whether the action has substantially commenced;
- the person or company’s history of environmental compliance; and
- any risks to the environment that could be caused by the surrender.
If the Minister decides to accept the surrender, it must be published on the Department’s website.
National interest exemption
The ‘national interest exemption’ under Part 11 of the EPBC Act, allowing the Minister to exempt a person or action from a compliance requirement on the national interest, has been expanded with a standalone framework. Notes, these exemptions can:
- include conditions to reduce environmental harm;
- be made on application or by the Minister’s own initiative;
- be limited and cannot be issued retrospectively or run indefinitely;
- be varied or revoked; and
- be published by the Minister, and include reasons, conditions and timeframes.
Indigenous Advisory Committee
The Tranche 1 reforms have expanded the role of the Indigenous Advisory Committee (IAC), outlining and expanding its specific functions. Upon commencement of further provisions, the IAC will be consulted on matters that relate to engagement with Indigenous persons. This is intended to increase First Nations’ participation and engagement with decision-making, for example, through encouraging sharing cultural information relating to threatened species and communities.
Information sharing
The Tranche 1 reforms updated information sharing obligations under the EPBC Act, to support the administration of the Act. Information that is collected for the purposes of the EPBC Act will now be able to be shared with other Commonwealth entities, State and Territory government bodies, the National Environmental Protection Agency and Environment Information Australia.
Administrative changes to wildlife trade laws
Under the Convention on International Trade in Endangered Species (CITES), Australia has taken steps towards regulating and controlling international trade in specimens of listed wild fauna and flora so that such trade is legal, traceable and biologically sustainable, and does not threaten the survival of species in the wild. The Tranche 1 reforms support these updates by:
- extending the maximum approval timeframe for wildlife trade operations from 3 to 5 years;
- directly referencing the official CITES appendices;
- allowing applications to lapse automatically when requested information is not provided, or enabling applications to be withdrawn; and
- allowing the use of electronic documentation in addition to paper documents.
The Report of the Senate Committee’s report
The Senate Committee’s report provides useful insight into how the EPBC Act reforms are intended to operate in practice, and where further refinement may be needed. Key takeaways from the report include:
- the Committee broadly endorsed the direction of the EPBC Act reforms, emphasising the need for urgent modernisation of Australia’s environmental laws;
- the national environmental standards are central to the new framework, with further consultation and refinement recommended to ensure clarity and consistent application;
- the importance of greater transparency, including clearer reasons for decisions and better alignment between standards, guidance and policy documents;
- the Committee supported expanded ministerial powers, but with guardrails around the national interest exemption pathway; and
- effective implementation, sequencing and coordination were identified as critical risks as the reforms roll out.
Key takeaways
Targeted changes are now in place for approvals, strategic assessments, information sharing and advisory processes to support their implementation timetable, with the remaining reforms to commence on or before 1 December 2026. The Government has also confirmed the broader reform timetable, with the remaining reforms to commence on the first of the national environmental standards and whether the Government proceeds with project and duplication reduction.
- EPBC Act ss 140A and 140CA.
- EPBC Act s 143.
- EPBC Act s 145C.
- EPBC Act ss 78CGA and 78K.
- EPBC Act s 156.
- EPBC Act s 78D.
- EPBC Act s 141AA(4).
- EPBC Act ss 517A(2)(a) and 517A(4).
- EPBC Act s 517A.
- EPBC Act s 303BAA.
- EPBC Act ss 303BB(2) and 303GA.
- EPBC Act ss 303EA and 303EE.
- EPBC Act s 303FT.
- EPBC Act s 303GA.
- Senate Environment and Communications Legislation Committee, Parliament of Australia, Inquiry into the Environment Protection Reform Bill 2025 and related bills (Final Report, April 2026).
- Senate Environment and Communications Legislation Committee, Parliament of Australia, Inquiry into the Environment Protection Reform Bill 2025 and related bills (Final Report, April 2026) rec 10.
- Senate Environment and Communications Legislation Committee, Parliament of Australia, Inquiry into the Environment Protection Reform Bill 2025 and related bills (Final Report, April 2026) rec 14.
- Senate Environment and Communications Legislation Committee, Parliament of Australia, Inquiry into the Environment Protection Reform Bill 2025 and related bills (Final Report, April 2026) rec 22.
- Senate Environment and Communications Legislation Committee, Parliament of Australia, Inquiry into the Environment Protection Reform Bill 2025 and related bills (Final Report, April 2026) rec 34-38.
- EPBC Act s 303EA.
- EPBC Act s 303EE.
- EPBC Act s 303GA.