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ARTICLE · 01 APRIL 2025

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Reconsidering reconsiderations – changes to the EPBC Act narrow the scope of merit review

Holding Redlich
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Bill amends the EPBC Act by restricting the power of the Minister for the Environment to reconsider certain past decisions.

AustraliaEnvironment
Katharine Huxley
Katharine Huxley
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On 26 March 2025, the Parliament of Australia passed the Environment Protection and Biodiversity Conservation Amendment (Reconsiderations) Bill 2025 (Bill). The Bill amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by restricting the power of the Minister for the Environment (Minister) to reconsider certain past decisions.

The Bill is intended to provide "certainty and fairness to industry, workers and communities, where industries have already been operating for a significant amount of time". It follows requests made to the Minister to reconsider decisions on salmon farming in Macquarie Harbour, Tasmania, particularly in relation to the potential impact of this ongoing action on the Maugean skate, an endangered species listed under the EPBC Act.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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