Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 AUGUST 2026

EPBC Act: New National Environmental Standards And Commencement Of Further Reforms

Corrs Chambers Westgarth
Corrs Chambers Westgarth
Contributor
Corrs Chambers Westgarth

Corrs Chambers Westgarth

Corrs Chambers Westgarth is Australia’s leading independent law firm. We provide exceptional legal...

View firm profile
Explore more from Corrs Chambers Westgarth

Australia's Environment Protection and Biodiversity Conservation Act 1999 reforms continue to progress, with the commencement of further provisions and the introduction of four new National Environmental Standards.

AustraliaEnvironment
Louise Camenzuli
Louise Camenzuli
Grace Mohi
Grace Mohi
Annabelle Cleary
Annabelle Cleary
Author LinkedIn connections

A further tranche of reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) commenced by proclamation on 24 August 2026. These reforms come days after the Commonwealth Minister for the Environment and Water (Minister) made the following four National Environmental Standards (NES):

  1. Matters of National Environmental Significance Standard (MNES Standard);
  2. Environmental Offsets Standard (Offsets Standard);
  3. Community Engagement Standard (Engagement Standard); and
  4. Data and Information Standard (Data Standard).

The federal government has also published the Environment Protection and Biodiversity Conservation Amendment (2026 Measures No. 1) Regulations 2026, which amends the Environment Protection and Biodiversity Conservation Regulations 2025 (EPBC Regulation) to support this new tranche of reforms and to prescribe the ways in which NES will apply to decisions made under the EPBC Act.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

    Lawyers Weekly Law firm of the year 2021                  
 Employer of Choice for Gender Equality (WGEA)

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

EPBC Act Reforms: Consultation On Proposed Regulations To Support Final Tranche Of Reforms

Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...
AustraliaEnvironment
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Podcast

Corrs High Vis: Episode 62 - Power, Planning & Data Centres - Inside NSW’s New Guidelines (Podcast)

The NSW Government has released a comprehensive data centre policy framework establishing new guidelines for electricity network connections, planning approvals, and environmental standards. These reforms require data centres to contribute to network infrastructure costs, procure renewable energy, and demonstrate demand flexibility while offering streamlined approval pathways for compliant projects.
AustraliaEnvironment
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

New South Wales–No Shortcuts On Scope 3: High Court Puts Scope 3 Emissions Back On The Table For Resource Projects

The High Court of Australia has ruled that NSW planning authorities must consider Scope 3 greenhouse gas emissions when assessing resource and energy development applications. In a landmark 3:2 decision, the Court invalidated approval for the Mount Pleasant coal mine extension, establishing that consent authorities cannot fulfill their climate change obligations by examining only Scope 1 and Scope 2 emissions.
AustraliaEnvironment
K&L Gates
K&L Gates
Article

UN Special Rapporteur On The Human Right To A Clean, Healthy, And Sustainable Environment Intervenes In Proceedings In An Australian First

The UN Special Rapporteur on the Human Right to a Clean, Healthy, and Sustainable Environment has made history by intervening in Australian Federal Court proceedings challenging the extension of Woodside's North West Shelf gas project until 2070. The intervention raises critical questions about how international environmental law obligations should inform the interpretation of Australia's Environment Protection and Biodiversity Conservation Act, particularly regarding climate change impacts and heritage
AustraliaEnvironment
Jones Day
Jones Day
Article

The High Court, Scope 3 GHG Emissions And What It Means For Development Applications

The High Court of Australia has delivered a landmark judgment on greenhouse gas emissions in mining development applications, examining whether consent authorities must consider conditions to minimize Scope 3 emissions. The case centers on a judicial review of the Mount Pleasant coal mine expansion approval, where the Independent Planning Commission imposed conditions on Scope 1 and 2 emissions but not on Scope 3 emissions that represented 98% of the project's total emissions.
AustraliaEnvironment
Holding Redlich
Holding Redlich
Article

Australia Begins Public Consultation On Draft Evaluation Statement On The Use And Introduction Of PFAS

Australia's Industrial Chemicals Introduction Scheme has released a draft evaluation statement revealing which of the 522 PFAS chemicals listed on the Australian Inventory are actually being imported or manufactured in the country, their volumes, and their uses. The evaluation identifies 139 PFAS being introduced, with most used in lubricants, paints, and adhesives, while proposing to prioritize trifluoroacetic acid for risk assessment and add notification requirements for certain PFAS before commercial
AustraliaEnvironment
Bergeson & Campbell
Bergeson & Campbell
Article

Transparency In Automated Decision-Making: What The OAIC Guidance Means For Your Business

Australia's privacy regulator has issued final guidance on new transparency obligations for automated decision-making systems. From December 2026, organisations using computer programs—including AI, algorithms, and everyday software—to make or inform significant decisions about individuals must disclose these practices in their privacy policies. The guidance reveals a broader compliance burden than many expect, particularly for businesses using automated tools across recruitment, pricing, credit
AustraliaPrivacy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

EPBC Act Reforms: Consultation On Proposed Regulations To Support Final Tranche Of Reforms

Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...
AustraliaEnvironment
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Australia’s Privacy Act Reforms: Fundamental Changes Proposed In New Exposure Draft

Australia's Privacy Act reform has reached a critical milestone with the release of exposure draft legislation proposing fundamental changes to how organisations handle personal information. The reforms introduce a new 'fair and reasonable' test for data collection and use, a right of erasure for large digital platforms, strengthened consent standards, a statutory controller/processor framework, restrictions on trading personal data, and enhanced data breach obligations. These changes come at a time when em
AustraliaPrivacy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Cross-border software payments and royalties: implications of final taxation ruling and practical compliance guideline Read More

The Australian Taxation Office has issued its final ruling on cross-border software payments, dramatically expanding what constitutes a royalty subject to withholding tax. With retroactive application to July 2021 and a broad interpretation of copyright law, multinational companies face significant compliance risks and potential exposure across software distribution, cloud services, and digital intermediation arrangements.
AustraliaTax
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Podcast

Corrs High Vis: Episode 62 - Power, Planning & Data Centres - Inside NSW’s New Guidelines (Podcast)

The NSW Government has released a comprehensive data centre policy framework establishing new guidelines for electricity network connections, planning approvals, and environmental standards. These reforms require data centres to contribute to network infrastructure costs, procure renewable energy, and demonstrate demand flexibility while offering streamlined approval pathways for compliant projects.
AustraliaEnvironment
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

APRA and ASIC's coordinated approach to frontier AI: implications for financial services entities Read More

APRA and ASIC have issued coordinated guidance on frontier AI risks, requiring financial services boards to demonstrate direct oversight of AI governance, cyber resilience and third-party dependencies. The regulators' expectations build on existing prudential standards and directors' duties, with enforcement signals indicating that proportionate action must be taken before incidents occur.
AustraliaStrategy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Data Centre Approvals: Community Engagement And Social Licence Are Essential

The development assessment process for data centres in Australia has become a critical battleground for social licence, where community concerns about energy consumption, water usage, noise pollution, and local impact must be addressed with evidence rather than assurances. As jurisdictions across Australia move to establish enforceable regulatory frameworks, developers face an evolving landscape where early investment in genuine community engagement and rigorous impact assessment determines whether projects
AustraliaReal Estate and Construction
Corrs Chambers Westgarth
Corrs Chambers Westgarth