This insight is part of our series examining the reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). These reforms are introduced through the Environment Protection Reform Act 2025 (Reform Act), which passed both Houses of Parliament on 28 November 2025 and is awaiting Royal Assent. Many of the changes introduced by the Reform Bill are expected to commence at a date to be fixed in 2026.

In this insight, we focus on the new bioregional planning framework under the EPBC Act.

The existing bioregional planning provisions under the EPBC Act have not been regularly utilised since the Act's commencement. The Samuel Review identified the need for strategic, landscape-scale planning to address cumulative impacts on the environment. The Reform Act seeks to address this gap by introducing a comprehensive bioregional planning regime that zones particular defined regions based on environmental value, and establishes a streamlined pathway for development in low value areas, while restricting development in high value areas.

The Reform Act repeals and replaces the existing provisions relating to Bioregional Plans, and proposes two types of bioregional planning instruments:

• Bioregional Guidance Plans (information only, no binding regulatory effect); and
• Bioregional Plans (regulatory effect, including binding zones, conditions and restoration measures).

The key changes are summarised below.

Bioregional Guidance Plans 

Bioregional Guidance Plans build upon the existing Bioregional Plan provisions under s 176 of the EPBC Act. They are "information only" instruments. However, the Minister must consider them (if relevant) when deciding whether to grant an approval under the Act (and what conditions to impose). 

A Bioregional Guidance Plan will specify the area to which it relates and includes information relevant to the region's environment and heritage values that decision-makers and proponents can use to make informed decisions. Specifically, it is anticipated that Bioregional Guidance Plans will:

• enhance regulatory decision-making by providing decision-makers with comprehensive data on environmental values and cumulative impacts which will support efficient and consistent determinations; and
• provide upfront guidance for proponents by identifying likely development impacts and the scope of mitigation measures (including offsets) likely to be required.

The Minister is required to undertake public consultation on a draft Bioregional Guidance Plan by publishing a draft on the Department's website and inviting public comments. 

Bioregional Plans

Bioregional Plans will map the regions to which they apply and (among other things) identify:

• Development Zones ("go zones")
• Conservation Zones ("no go zones")
• Bioregional Restoration Measures

Development Zones 

Development Zones (or "go zones") identify parts of a region with lower environmental value where specified classes of action ("priority class of actions") may be undertaken through a new streamlined registration pathway, without the need for approval. Each action in the priority class of actions is termed a "priority action".

When determining the boundaries of a Development Zone, the Minister must have regard to various heritage, ecological and environmental factors, including: 

• the world heritage values of any declared World Heritage property; 
• the national heritage values of any National Heritage place; 
• the ecological characteristics of any declared Ramsar wetland; 
• the location and habitat of listed threatened species, listed threatened ecological communities or listed migratory species; and
• the environment in the Great Barrier Reef Marine Park and in any part of a Commonwealth marine area. 

This ensures Development Zones are located in areas most suitable for development, while protecting areas of high environmental value.
 
A class of action may only be specified in the Bioregional Plan as a priority class of action if the Minister is satisfied that actions within that class will have, or are likely to have, a significant impact on one or more matters of national environmental significance (MNES) protected under Part 3. A priority class of action cannot include a "fossil fuel action" (i.e. an action involving production or extraction of petroleum or coal). The Bioregional Plan must specify which protected matters would be significantly impacted by each priority class of actions (termed "impacted protected matters"). 

The key benefit of Development Zones for proponents is the new registration pathway. Proponents may register their proposed priority action and proceed without requiring a Part 9 approval (the standard EPBC Act approval process), provided they comply with any conditions specified in the Bioregional Plan. This represents a fundamental departure from the existing project-by-project assessment model and offers significant time and cost savings for projects that align with a priority class of action.  

The Bioregional Plan may attach conditions to the taking of priority actions, where the Minister is satisfied the condition is necessary or convenient to protect, mitigate or repair damage to an impacted protected matter.

Upon registration of a priority action, proponents will generally be required to pay a Bioregional Plan registration charge under the Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025. The explanatory notes state the purpose of the charge is to compensate for the likely damage from residual significant impacts of priority actions specified in Bioregional Plans. However, the Bioregional Plan may specify exemptions from the charge for certain persons where it may be inappropriate to require payment. 

The success of the streamlined registration pathway will likely hinge on how priority action classes are defined. Overly broad definitions may allow too many actions, or actions with significant environmental impacts, to proceed without adequate assessment, while overly narrow definitions may exclude projects that could reasonably proceed with streamlined approval.

Conservation Zones 

Conservation Zones (or "no go zones") identify parts of a region with higher environmental value where specified classes of action (termed "restricted actions") are prohibited unless an exemption is granted by the Minister.

Conservation Zones are determined having regard to the same heritage, ecological and environmental factors as Development Zones, but with the inverse objective: Conservation Zones are parts of a region with the highest environmental values and are therefore most suitable for conservation and least suitable for development.

A class of action may only be specified in the Bioregional Plan as a class of restricted actions if the Minister is satisfied that actions within that class will have, or are likely to have, a significant impact on one or more MNES protected under Part 3. The Bioregional Plan must specify which protected matters would be significantly impacted by each class of restricted actions (termed "restricted protected matters").

Most importantly for proponents, the taking of a restricted action in a Conservation Zone will generally be prohibited. However, the Minister may grant exemptions for restricted actions (except for fossil fuel actions) in exceptional circumstances or where doing so would result in an outcome that is in the national interest. 

Similar to a priority class of actions in Development Zones, the effectiveness of Conservation Zones in protecting high-value environmental areas will depend on how classes of restricted actions are defined and how rigorously the exemption criteria are applied. Proponents with interests in Conservation Zones may need to consider project redesign, relocation to areas outside the Conservation Zone or pursuit of the exemption pathway if the actions they intend to take are restricted.

Bioregional Restoration Measures

Bioregional Restoration Measures specify the restoration actions that the Minister is satisfied are necessary or convenient to mitigate, repair or compensate for likely damage to impacted protected matters caused by priority actions. The Bioregional Plan may also (but is not required to) specify measures the Minister is satisfied are appropriate to protect or conserve MNES more broadly, whether or not related to priority actions.

A Bioregional Restoration Measure may take different forms. It may require payment of a specified amount (a bioregional plan restoration contribution), or it may require a person to directly deliver a restoration action (such as an environmental offset) themselves. This flexibility allows Bioregional Plans to tailor restoration requirements to the specific circumstances of the region and the nature of the impacts being addressed.

Each Bioregional Restoration Measure must have a designated person or entity responsible for its delivery, as specified in the Bioregional Plan. This responsibility may be assigned to the Commonwealth, a Commonwealth agency, a State or Territory, or any other party that has agreed to accept this role. The newly introduced Restoration Contributions Holder is intended to be a new statutory office responsible for delivering restoration actions on behalf of the Commonwealth.

The Bioregional Plan may also attach conditions requiring the delivery, and relating to the delivery, of Bioregional Restoration Measures by the specified responsible person. However, a condition must not require delivery of a Bioregional Restoration Measure by a person other than the Commonwealth or a Commonwealth agency unless that person has consented to the condition. Offences and civil penalties will apply for a failure to comply with the conditions. 

The process for making and varying Bioregional Plans is more extensive than for Bioregional Guidance Plans, reflecting their greater regulatory significance. As with Bioregional Guidance Plans, before making a Bioregional Plan the Minister is required to undertake public consultation, but must also seek advice from the CEO of the new National Environmental Protection Agency (NEPA).  The Minister must have regard to various prescribed matters, including that the Minister must be satisfied the plan will result in residual significant impacts of each priority class of actions (taken as a whole) being compensated to a net gain (representing a significant elevation beyond traditional "no net loss" offset principles), and that the plan includes consideration of the expected impacts of climate change, and appropriate adaptation and resilience measures to protect MNES. The relevant State or Territory must also agree to the Bioregional Plan.

Pathway Exclusivity

A proponent cannot refer an action for assessment and approval under other relevant provisions of the EPBC Act if the action is addressed under a Bioregional Plan, subject to limited exceptions. This pathway exclusivity creates a "lock-in" effect that makes early engagement with Bioregional Plan development processes critical for proponents who want to have a say on how their proposals are treated. Once a Bioregional Plan is made, proponents have limited flexibility to choose alternative approval routes for actions covered by the plan.

Offences and Civil Penalties

The Reform Act establishes a comprehensive enforcement regime for Bioregional Plans, designating the following as prohibited conduct:

• non-compliance with general conditions of Bioregional Plans;
• non-compliance with conditions about Bioregional Restoration Measures;
• taking an unregistered priority action; andtaking restricted actions in Conservation Zones without an exemption. 

Each prohibition attracts both criminal offences (fault-based offences with a maximum penalty of 1,000 penalty units and strict liability offences with a maximum penalty of 60 penalty units) and civil penalties. Bodies corporate face penalties five times higher than individuals.

The explanatory notes indicate that criminal proceedings will be reserved for serious contraventions or conduct involving a higher degree of malfeasance. Important exceptions will apply for proponents who commenced actions or obtained referral or approval decisions before the Bioregional Plan (or any variation) came into effect, ensuring they are not retrospectively caught by new prohibitions.

Key Insights

The bioregional planning reforms represent a fundamental shift in how environmental approvals will operate in the regions to which Bioregional Plans will apply. The key points for proponents to understand are:

Landscape-scale planning replaces project-by-project assessment: Bioregional Plans will map entire regions to identify where development can proceed without the need for approval (Development Zones) and where it will be restricted or prohibited (Conservation Zones). This landscape-scale approach aims to better address cumulative environmental impacts.

Registration replaces traditional approval for priority actions: Proponents undertaking priority actions in Development Zones may register their action and proceed without a Part 9 approval, provided they comply with plan conditions. This offers significant time and cost savings for projects that align with classes of priority actions.

Conservation zones create heightened protection: Restricted actions in Conservation Zones are generally prohibited unless the Minister grants an exemption in exceptional circumstances or in the national interest. These zones provide clear signals about where development is inappropriate.

Restoration charges replace project-specific offsets: Rather than negotiating individual offset packages, proponents may be required to pay a bioregional plan registration charge that funds landscape-scale restoration across the region, contributing to a net gain for impacted protected matters.

Early engagement is critical: The pathway exclusivity provisions mean that once a Bioregional Plan is made, proponents cannot seek approval through other EPBC Act pathways, subject to limited exceptions. Engaging during plan development will allow proponents to have a say about how their activities are categorised and what conditions apply.

Collaborative development with States and Territories: Bioregional Plans cannot be made unilaterally by the Commonwealth and require the agreement of the relevant State or Territory, this may result in delays or uncertainty for proponents in regions where Commonwealth-State negotiations are ongoing.

Net gain requirement raises the bar: The requirement for Bioregional Plans to deliver net gain (rather than no net loss) represents a significant elevation in environmental standards and may result in more stringent conditions or higher restoration charges.

Criminal and civil penalties for non-compliance: New criminal and civil penalties apply in relation to Bioregional Plans, with maximum criminal penalties of 1,000 penalty units for fault-based offences and 60 penalty units for strict liability offences. Bodies corporate face penalties five times higher than individuals.