{"id":165462,"date":"2025-10-29T13:21:21","date_gmt":"2025-10-29T02:21:21","guid":{"rendered":"https:\/\/www.climatecouncil.org.au\/?post_type=resource&p=165462"},"modified":"2025-11-27T09:42:35","modified_gmt":"2025-11-26T22:42:35","slug":"epbc-fixing-australias-national-environment-law","status":"publish","type":"resource","link":"https:\/\/www.climatecouncil.org.au\/resources\/epbc-fixing-australias-national-environment-law\/","title":{"rendered":"New EPBC reforms: Wins for forests, responsible renewables but climate sidelined"},"content":{"rendered":"\n

Updated 27 November 2025<\/em><\/p>\n\n\n\n

The ALP Government has struck a deal with the Greens to pass reforms to our main environment law.<\/p>\n\n\n\n

The Climate Council congratulates Labor and the Greens for passing laws that strengthen protection for native forests and accelerate environmentally responsible renewable power. But the Council warns the Albanese Government is failing the climate test by continuing to give new coal and gas projects a free pass on climate pollution.<\/p>\n\n\n\n

Here’s our analysis of what the new laws mean for climate:<\/p>\n\n\n\n

Key inclusions<\/strong><\/td>Labor\u2019s initial bill<\/strong><\/td>Greens\/Labor negotiated outcome<\/strong><\/td><\/tr>
Accelerate critical projects like responsible renewables, not polluting ones<\/strong><\/td>\u2705 Measures to streamline project approvals<\/td>\u2705 Measures to streamline project approvals<\/td><\/tr>
\u274c Could also speed up fossil fuel approvals.<\/td>\u2705 Fossil fuel projects blocked from fast-track.<\/td><\/tr>
\u274c Allows the coal and gas \u201cwater trigger\u201d to be delegated to states.<\/td>\u2705 No changes to the water trigger.<\/td><\/tr>
Measure and manage climate pollution in approvals<\/strong><\/td>\ud83d\udfe1Direct emissions (scope 1 & 2) must be disclosed, but aren\u2019t verified<\/td>\ud83d\udfe1 Direct emissions (scope 1 & 2) must be disclosed, but aren\u2019t verified<\/td><\/tr>
\u274c Full emissions (scope 3) not disclosed.<\/td>\u274c Full emissions (scope 3) not disclosed.<\/td><\/tr>
\u203c\ufe0f Climate pollution never considered in decisions, so coal and gas projects can be approved unchecked.<\/td>\u203c\ufe0f Climate pollution never considered in decisions, so coal and gas projects can be approved unchecked.<\/td><\/tr>
End land clearing and native forest logging loopholes to protect important carbon sinks<\/strong><\/td>\u274c Native logging allowed without assessment.<\/td>\u2705 Closes native forest logging loopholes within 18 months.<\/td><\/tr>
\u274c Loopholes allow continuing land clearing without assessment.<\/td>\u2705 Exemptions for high-risk land clearing will end.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Climate change, caused by the burning of fossil fuels, is the biggest threat to our environment. <\/strong>It puts at risk the complex ecosystems we depend on for healthy and prosperous lives, damages the habitats of important animal, insect and plant species, and threatens iconic natural places like the Great Barrier Reef. <\/p>\n\n\n\n

Our national environment law doesn\u2019t directly address climate change, so it isn\u2019t adequately protecting our environment (or us!). <\/strong><\/p>\n\n\n\n

The Government introduced its reforms to the lower house on 30th October, and the Bill was referred to a Senate standing committee that same day, with submissions open until 5th December. While there is a long way to go for these reforms to be credible, there is still an opportunity for the Government and all parties in the Senate to strengthen the laws and better protect our environment from climate harm.<\/p>\n\n\n\n

Here\u2019s everything you need to know about our environment laws and climate change: what we know about the reforms so far, how we can improve them, and what happens next.<\/strong><\/p>\n\n\n\n

WHAT IS THE EPBC ACT?<\/strong><\/h1>\n\n\n\n

The Environmental Protection & Biodiversity Conservation (EPBC) Act<\/em><\/a> is the main environmental protection law that\u2019s meant to shield Australia\u2019s unique plants, World Heritage-listed places, ecosystems and endangered species from further harm.<\/p>\n\n\n\n

The EPBC Act determines whether the Federal Government gives the thumbs up or thumbs down to projects that will impact our natural environment. It names things that need special protection \u2013 like endangered species, important habitats and culturally significant landscapes. Any new project that could impact on these things needs to get assessed under the law, and be approved by the Federal Environment Minister. Right now, that\u2019s Labor\u2019s Murray Watt.<\/p>\n\n\n\n

SO WHAT\u2019S WRONG WITH OUR NATIONAL ENVIRONMENT LAW AT THE MOMENT?<\/strong><\/h1>\n\n\n\n

There are three key climate failures in our current national environment law:<\/p>\n\n\n\n

    \n
  1. The EPBC doesn\u2019t tackle climate pollution \u2013 the greatest threat to the environment<\/strong><\/li>\n<\/ol>\n\n\n\n

    Climate change is already devastating our environment, from six mass coral bleaching events on the Great Barrier Reef in the past decade to the Black Summer bushfires that killed or displaced 3 billion animals<\/a> and insects<\/a>.<\/p>\n\n\n\n

      \n
    1. It gives polluting fossil fuel projects the green light<\/strong><\/li>\n<\/ol>\n\n\n\n

      At the moment, fossil fuel projects get the green light because Australia\u2019s national environment law doesn\u2019t require the Environment Minister to consider climate pollution, or its impacts. It ignores the damage that any new coal, oil or gas project built anywhere does to people, places and wildlife everywhere. In total, under the existing national environment law, more than 750<\/a> coal, oil and gas projects have been approved, and no project has had its climate pollution meaningfully assessed.<\/p>\n\n\n\n

      Find the full list of fossil fuel projects that the Albanese Government has approved under our  environment law here. <\/strong><\/a><\/p>\n\n\n\n

        \n
      1. It slows down much-needed renewable energy projects<\/strong><\/li>\n<\/ol>\n\n\n\n

        Under the EPBC Act, it can take years to assess projects and decide if they should proceed. This is a problem for the new renewable energy projects we need, like wind and solar farms. We need a stronger national environment law that says a quick yes to environmentally responsible projects, and a quick no to projects that cause more climate harm and will damage Australia\u2019s special natural places.<\/p>\n\n\n\n

        WHAT DO WE KNOW ABOUT THE GOVERNMENT\u2019S PROPOSED REFORMS?<\/strong><\/h1>\n\n\n\n

        Here\u2019s our assessment of how the Government\u2019s proposed reforms measure up on climate:<\/p>\n\n\n\n

        What our national environment law needs to do on climate<\/strong><\/td>Albanese Government\u2019s proposed reforms<\/strong><\/td><\/tr>
        Developers to fully disclose their climate pollution and a plan to reduce it<\/td>\u2753Only some climate pollution and a  reduction plan to be disclosed <\/td><\/tr>
        Decision-makers are required to consider climate impacts <\/td>\u274c No requirement for decision-makers to consider or curb climate pollution<\/td><\/tr>
        Speeds up the approval of important projects, like renewables<\/td>\u2705 Measures to streamline project approvals 
        \u274c Could also speed up fossil fuel approvals<\/td><\/tr>
        Decisions align with Australia\u2019s climate targets, policies and commitments<\/td>\u274c No consideration of how a project will impact our climate targets, policies and commitments<\/td><\/tr>
        Protect our forests from logging and land clearing<\/td>\u274c Nothing to fix loopholes that allow  land clearing and logging to go ahead without assessment<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

        DO THE PROPOSED REFORMS ADDRESS CLIMATE CHANGE AT ALL?<\/strong><\/h1>\n\n\n\n

        The government’s current reform proposals include no material changes to protect our environment from climate harm. <\/p>\n\n\n\n

        One minor change under the proposed reforms would require projects to disclose some (but not all) of their expected emissions, provide a plan to reduce them and state how they\u2019re consistent with other federal laws \u2013 but none of this information would be verified or be factored into approval decisions. That means polluting projects can get the green light despite clear evidence of their climate harm.<\/p>\n\n\n\n

        Failing to count the full climate cost
        <\/strong>
        The proposed reforms would not require projects to disclose their full emissions. They would only<\/strong> require projects to disclose:

        \u2705Scope 1: The direct, on-site emissions released by a project \u2013 like the gases released when fossil fuels are extracted from the ground, or when diesel is burned in mining equipment.

        \u2705Scope 2: The emissions released while generating electricity to power a project.
         
        The reforms would not<\/strong> require projects to disclose what is often the largest share of their climate pollution:<\/em>

        <\/em> \u274cScope 3: emissions when the fossil fuels produced are burned in Australia or overseas

        This paints an incomplete picture of a project\u2019s climate harm, and also relies on fossil fuel companies to accurately estimate their emissions without independent assessment.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

        WHAT DOES THIS MEAN FOR AUSTRALIA\u2019S CLIMATE TARGETS?<\/strong><\/h1>\n\n\n\n

        The Government\u2019s proposed environment law reforms would do little to stop polluting coal and gas projects from going ahead \u2013 even if they breached Australia\u2019s climate targets, policies like the Safeguard Mechanism, or international commitments like the Paris Climate Agreement. <\/p>\n\n\n\n

        In total, more than 750 fossil fuel projects have been approved under the EPBC Act over the past 25 years. The Albanese Government alone has approved 32 coal and gas projects<\/a>, unleashing more than 10 million tonnes of domestic climate pollution per year \u2013 more than all domestic flights in Australia. This pollution will have a direct impact on Australia\u2019s ability to meet our new emissions reduction target of a 62-70% reduction by 2035.<\/a> Climate Council analysis<\/a> shows that the climate pollution from these approved developments is equivalent to 1.6 to 2.1 percentage points in 2035. <\/p>\n\n\n\n

        As if this wasn\u2019t enough, at least 42 further coal and gas projects are in the pipeline, including the Browse gas project in WA, which could run for 44 years and release up to 6.8 million tonnes of climate pollution in Australia annually. Put simply, approving these projects \u2013 when we should be focused on reducing pollution \u2013 makes it harder to reach our 2035 target.<\/p>\n\n\n\n

        If the Government is serious about addressing climate change and reducing climate harm, it must cut pollution at the source by curbing new fossil fuel projects.<\/p>\n\n\n\n

        Learn more about the fossil fuel projects already lining up for approval under our national environment law.<\/strong><\/a><\/p>\n\n\n\n

        DOESN\u2019T THE SAFEGUARD MECHANISM DEAL WITH EMISSIONS FROM BIG POLLUTERS?<\/strong><\/h1>\n\n\n\n

        The Government claims domestic climate pollution from new or expanded fossil fuel projects is already covered under the Safeguard Mechanism<\/a>. But the Safeguard Mechanism only kicks in after a project is operating \u2014 it doesn\u2019t decide which projects go ahead. New developments don\u2019t need to fit within<\/a> Australia\u2019s climate pollution budget or national targets. That means highly polluting projects can still proceed, even if they blow our legislated carbon budgets. Expert legal analysis confirms<\/a> that nowhere under federal law is the Government required to assess a project\u2019s climate impact<\/a>. <\/p>\n\n\n\n

        HOW DO WE FIX IT?<\/strong><\/h1>\n\n\n\n

        The Albanese Government can still deliver credible environment law that protects the places we love from climate harm. Our new environment law should:<\/p>\n\n\n\n

        1. Require the Government to consider climate impacts of fossil fuel projects and give decision-makers the ability to curb projects that would cause significant climate harm.<\/strong><\/summary>
        \n

        Our environment law needs to require decision-makers to directly consider the climate impacts of all highly-polluting projects \u2013 like new or expanded fossil fuel projects. This should be assessed as part of the environmental approvals process, with decision-makers able to curb projects that would cause significant climate harm.<\/p>\n<\/div><\/details>\n\n\n\n

        2. Require full disclosure of climate pollution, including the pollution when fossil fuels are burned overseas \u2013 recognising that climate pollution, no matter where it is released in the atmosphere, harms Australians and our environment.<\/strong><\/strong><\/summary>
        \n

        Developers must be required to transparently disclose total emissions from their projects \u2014 including direct, indirect and downstream (Scope 1, 2 and 3) pollution. Full disclosure would provide transparency, is already required by most State and Territory assessments, and aligns with international best practice. <\/p>\n\n\n\n

        It is also consistent with the 2020 Samuel Review of the EPBC Act<\/a>, which recommended that project proponents be required to \u201ctransparently disclose the full emissions of the development\u201d \u2013 recognising that climate pollution, no matter where it is released in the atmosphere, harms Australians and our environment.<\/p>\n<\/div><\/details>\n\n\n\n

        3. Require projects to comply with Australia\u2019s climate targets, policies, and commitments \u2013 including detailed net zero plans that do not rely on offsets or unproven technologies.<\/strong><\/strong><\/summary>
        \n

        While the Government has indicated that it will require projects to submit emissions reduction plans, there is no requirement for these plans to be considered when assessing projects. The plans should be required to include specific information on how and when a project will reduce climate pollution, without relying on offsets or unproven technologies. <\/p>\n\n\n\n

        This information should be independently assessed for its quality and compatibility with Australian targets, laws and policies – including the Safeguard Mechanism. This assessment should be made public and provided to the Environment Minister. Projects should only be approved if they are compatible with Australia\u2019s climate targets, laws and policies.<\/p>\n<\/div><\/details>\n\n\n\n

        4. Speed up environmentally responsible renewable projects, not fossil fuels.<\/strong><\/summary>
        \n

        Reforms to accelerate approvals for renewable energy, housing, and other vital developments must exclude fast-tracking polluting fossil fuel projects. Planning processes should also include robust standards and processes for identifying low-impact zones for renewables, so projects can be approved quickly without damaging nature.<\/p>\n<\/div><\/details>\n\n\n\n

        5. End loopholes which allow land clearing and native forest logging without assessment<\/strong><\/summary>
        \n

        Each year in Australia, more than 400,000 hectares of land are cleared, adding up to millions of hectares lost. Logging and clearing is a significant source of land sector emissions and biodiversity loss.
        There are major loopholes in our national environment law which allow land clearing and native forest logging to go ahead without environmental assessment. To increase the sector\u2019s potential as a natural carbon sink and protect the precious wildlife that calls our forests home, the reforms must close these loopholes.<\/p>\n<\/div><\/details>\n\n\n\n

        WHAT HAPPENS NEXT?<\/strong><\/h1>\n\n\n\n

        Right now, the Australian Senate is holding an official inquiry into the Government\u2019s proposed reforms to the Environmental Protection & Biodiversity Conservation (EPBC) Act. This inquiry will review the proposed reforms in detail, hear from the public and experts, and make recommendations to the Government before the laws are finalised.<\/p>\n\n\n\n

        While there is a long way to go for the reforms to be credible, the Climate Council is calling on the government and all parties in the Senate to strengthen the laws.<\/p>\n\n\n\n

        That means this is your chance to have a direct say in how these laws are shaped. This is the most important moment for our community to be heard before<\/em> Parliament decides.<\/p>\n\n\n\n

        Read the Climate Council\u2019s submission to the inquiry to learn more about how Parliament can fix our broken environment laws.<\/strong><\/a><\/p>\n\n\n\n

        Making a submission to the inquiry is easy – and it’s the most effective way to have your say right now.<\/h3>\n\n\n\n