Mitigate, Measure, Report: Proposed Reforms To NSW Environment Protection Licences For High Emitting Facilities

Snapshot

• Starting in 2026, around 200 licensed premises will face new reporting requirements under their environment protection licences (EPL).
• Licensees will need to publish their emissions, set reduction targets, and refresh their strategies every three years to stay on track.
• Long-term plans for enforceable emissions limits loom.

Background

In Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority (2021) 250 LGERA 1 (see our article on that decision here) the Land and Environment Court found that the NSW EPA has a statutory duty to "develop environmental quality objectives, guidelines and policies" to protect the environment against threats like climate change.