The EPBC Act was passed in late 2025 (see our earlier report). It has a staged implementation. The second stage of the EPBC Act reforms commenced on 1 July 2026.
Key reforms in this second stage are the establishment of two new bodies: the National Environmental Protection Agency (NEPA) and the Head of Environment Information Australia (EIA).
NEPA becomes Australia’s primary independent environmental regulator responsible, amongst other things, for compliance, monitoring and enforcement of federal environmental laws, conducting audits and investigations, issuing permits and licences and assessing projects. NEPA will have significant enforcement capabilities.
The EIA’s role is to collect and consolidate environmental data nationally, improve accessibility and sharing of environmental information, support evidence-based decision making and provide independent environmental reporting to government, NEPA and the public. This reform is designed to address concerns regarding fragmented environmental data and inconsistent information across jurisdictions.
New subordinate regulations also commenced 1 July 2026. They are intended to reduce duplication between regulatory processes and streamline project assessments while maintaining environmental protections.
The remaining EPBC Act reforms, being the more substantive assessment and approval reforms, are expected to commence by 1 December 2026. They will include finalised National Environmental Standards (NES), the ‘net gain’ environmental offsets framework, introduction of the ‘unacceptable impacts’ test, new approval requirements for projects to be approved consistent with the NES and additional restoration and biodiversity offset mechanisms.