Environment Protection and Biodiversity Conservation Regulations 2025

Executive summary of update

This update repeals and replaces the Environment Protection and Biodiversity Conservation Regulations 2000 with the new 2025 Regulations. While much of the content is carried over, this is a significant legislative reset that introduces several substantive changes. Key updates include new transitional provisions in Part 20 to ensure continuity for matters under the old regulations, and increased permit application fees as detailed in Schedule 11. The information required for project referrals has been expanded under Schedule 2 to explicitly include impacts on the Great Barrier Reef Marine Park and water resources from unconventional gas and large coal mining developments. Numerous machinery updates have been made, including changing the federal merits review body to the Administrative Review Tribunal and updating the names of government agencies and expert committees. The primary intent is to modernise the regulatory framework, with the most significant practical consequence being the need for immediate updates to internal fee schedules and referral processes.

Impacted parties

The update has a broad impact, affecting all parties involved in referring actions, applying for permits, or otherwise engaging with the environmental assessment and approvals framework under the EPBC Act.

Change Analysis

Repeal, Replacement, and New Transitional Framework

The 2025 Regulations formally repeal the 2000 Regulations via Schedule 13. To manage this transition, a new Part 20 has been introduced, providing critical legal certainty. Section 20.01 ensures that any instrument made or action taken under the old regulations (e.g., an issued permit, a submitted application) continues to have effect as if it were done under the new regulations. Section 20.02 contains specific saving provisions for fees that were payable or would have become payable under the old framework, ensuring their continued collection. Section 20.03 clarifies that historical offences under the 2000 Regulations are still considered “relevant offences” for the purpose of assessing new permit applications. This complete repeal and replacement, supported by a new transitional framework, establishes a modernised, single point of reference for the regulations.

Expanded Referral Information Requirements

Schedule 2 has been amended to broaden the scope of information required when referring a proposal to take an action. Proponents must now explicitly describe the nature and extent of likely impacts on two additional matters:

• The environment in the Great Barrier Reef Marine Park (Schedule 2, item 5.02(g)).
• Water resources, specifically in relation to unconventional gas development or large coal mining development (Schedule 2, item 5.02(h)).

Correspondingly, item 5.03 now requires proponents to state whether the action is located in the Great Barrier Reef Marine Park. These changes increase the upfront disclosure burden for relevant projects and align the initial referral data more closely with the “water trigger” and specific protections for the Great Barrier Reef.

Administrative Modernisation and Fee Increases

The update implements widespread administrative changes to reflect the current legal and governmental landscape. Most significantly, Division 14.3 replaces all references to the Administrative Appeals Tribunal with the new Administrative Review Tribunal, aligning the regulations with the new federal merits review system. Numerous government agency names are updated in the list of bodies authorised to receive identifying information (Section 14.01H), and the name of the Independent Expert Scientific Committee has been updated to cover “Unconventional Gas Development” (Division 15.1A).

Substantively, fees for various permits under Part 1A of Schedule 11 have been increased through indexation. For example, the fee for a single permit action under item 1A.01(b) has risen from $61 to $78. The fee indexation formula in Section 18.03 has also been simplified for future annual increases.

Corrective and preventive actions

• Legal
  • Part 20: Review the new transitional provisions to advise all business units on the continuity of existing permits, applications, and obligations.
  • General: Update all internal legal templates, advice documents, and contract clauses that reference the Environment Protection and Biodiversity Conservation Regulations 2000 to cite the 2025 Regulations.
  • Division 14.3: Update all advice and procedures related to merits review of administrative decisions to reflect the jurisdiction of the new Administrative Review Tribunal.
• Finance
  • Schedule 11: Immediately update all internal systems, invoices, and financial advice to reflect the new permit fee amounts.
  • Section 18.03: Implement the simplified annual indexation formula for future financial forecasting and budgeting for permit costs.
• Operations / Project Management / Health Safety and Environment
  • Schedule 2: Update all project referral templates and internal guidance documents to ensure the mandatory inclusion of information on impacts to the Great Barrier Reef Marine Park and water resources for relevant projects.
  • Schedule 2: Brief all project managers and environmental assessment teams on the expanded referral information requirements to prevent incomplete submissions.
  • Section 9A.04: Update internal guidance on CITES II specimen imports to note that Bison bison athabascae (wood bison) is no longer on the specified list requiring an import permit.
• Government & Regulatory Affairs
  • Section 14.01H: Update all stakeholder maps, contact lists, and engagement protocols to reflect the revised names of government departments and agencies.
  • Division 15.1A: Ensure all communications and submissions correctly refer to the “Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development”.

Risks & opportunities assessment

• Risks
  • There is a significant compliance risk for projects involving unconventional gas, large coal mining, or activities in the Great Barrier Reef Marine Park if referral documentation is not updated to meet the expanded requirements of Schedule 2, potentially leading to requests for further information and project delays.
  • Failure to update internal systems with the new fee schedule (Schedule 11) will result in incorrect payments, leading to administrative delays and potential rejection of permit applications.
  • Continuing to use outdated agency names or referring to the repealed 2000 Regulations in official correspondence and applications could create confusion and processing delays.
• Opportunities
  • The repeal and replacement of the regulations provides a single, consolidated legal instrument, simplifying compliance and reducing the need to cross-reference multiple historical amendments.
  • The new transitional provisions in Part 20 offer clear legal certainty for all matters that were in progress at the time of the change, minimising legal ambiguity for ongoing projects and permits.
  • The removal of the requirement for the Secretary to approve publication notices before they are published (Section 16.03) may marginally streamline the public consultation process for proponents.