Industry labels long-awaited environmental law overhaul as ‘inferior and disappointing’

The Federal Government has struck a deal with the Greens to pass the Environment Protection Reform Bill 2025, delivering on a five-year mission to reform Australia’s environmental laws.

Today, the Federal Government released details of the bill which outlines proposed amendments to the Environment Protection and Biodiversity Conservation (EPBC) Act, building on Professor Graeme Samuel’s 2019 independent review into the nation’s 25-year-old environmental laws.

As part of the amended legislation, Australia will, for the first time, have a National Environment Protection Agency (EPA) and established national environmental standards.

Notably for the mining industry, proponents of large emitting projects will be required to disclose their greenhouse gas emissions and their emission reduction plans.

Higher penalties for significant breaches of environmental law will also be enforced and exemptions from the EPBC Act for high-risk land clearing and regional forest agreements will be removed.

To speed up decision making processes, a new streamlined assessment pathway will be established with the goal of delivering faster turn arounds and improved bilateral agreements with states and removing duplication for the assessment and approval of projects.

Prime Minister Anthony Albanese says the reforms will help Australia meet its national priorities.

“Everyone agrees that the laws as they stand are broken and need to be reformed,” he said.

“Getting these laws passed is vital to protect our environment and to boost productivity in our economy.”

Federal Environment Minister Murray Watt says these reforms will deliver tangible benefits for the environment and protect what is precious.

“These reforms will also be a power surge of productivity for our economy, cutting approval times for key projects and injecting up to $7b into the economy,” he said.

But as the bill makes its way before Parliament, industry representatives are voicing that they are not satisfied with the deal as it currently stands.

Minerals Council of Australia (MCA) chief executive Tania Constable says the deal is an inferior and disappointing outcome.

“[It] fails to strike the right balance between protecting Australia’s unique environment while enabling responsible and efficient project development,” she said.

“Faster approvals for mines means we can deliver the critical minerals and other commodities the world needs quicker, responsibly and more efficiently.

“Yet the government’s deal with the Greens will increase red tape by requiring mining operations to make climate disclosures under the EPBC Act despite this already being a clear legal requirement under the Safeguard Mechanism, which could open new avenues for legal challenge.

“The failure to restrict the Federal EPA to compliance, enforcement and assurance functions only creates more power for unelected officials when the agency should be accountable to the public through elected officials.”

Some of the MCA’s recommendations have been included in the final bill, including a simplified definition of unacceptable impacts, Environment Protection Orders being limited to a maximum of 28 days and the retention of some key existing approval pathways in relation to preliminary documentation.

AMEC chief executive Warren Pearce says the original EPBC legislation was necessary for its time but has cost industry and the economy dearly.

“Over and over, our industry has said we are willing to support stronger protections that produce better outcomes for the environment,” he said.

“The same should apply to the conservation movement. If they’re not willing to compromise either, then what are we left with? The same outdated legislation that is neither fit for purpose for the environment or for industry.”

“Without amendment it will prevent projects all over the country, across all industries, including in major resource regions such as the Pilbara,” Mr Pearce said.

“The threshold is just far too low, so that’s a showstopper.”

Industry is encouraging Parliament to simplify the definition of unacceptable impacts and reach an agreement to pass a balanced, fit-for purpose framework.

The country’s resources sector are not the only voices advocating for revision and clarity of the bill.

WWF-Australia chief executive Dermot O’Gorman says Australia’s nature laws are broken.

“The legislation has set up the framework for national environmental standards — but the work of developing and refining these standards needs to start now,” he said.

“With nature in crisis around the world, this is an example to other countries that we can make progress towards a nature-positive economy that works for nature, business and communities,” Mr O’Gorman said.

The announced changes come alongside today’s release of the Climate Change Authority’s (CCA) fourth annual progress report which found that Australia has just experienced its hottest ever year — underscoring the urgent need to cut greenhouse gas emissions.

The report warns that Australia is on track to fall short of its 2035 emissions reduction target, and meeting the goal would require cutting emissions at roughly three times the current rate by the early 2030s.