Key recommendations for navigating EPBC Act reforms
The Environment Protection and Biodiversity Conservation (EPBC) Act reforms fundamentally change how projects will be assessed, with far greater weight on upfront design, environmental outcomes and compliance.
Success under the new regime will depend on early investment in project planning, alignment with the new approval gateways, and proactive engagement with emerging planning and enforcement frameworks.
Reduce risk, streamline approvals and position projects for success, using the following guiding steps to align with the EPBC Act reforms.
Guiding steps
1. Invest time upfront in project design and referrals
More comprehensive environmental studies, impact assessments and mitigation strategies are important to maximise eligibility for the new streamlined assessment pathway, to reduce assessment timeframes (and requests for information) and maximise prospects of success.
2. Design projects to pass three measures – National Environmental Standards, Unacceptable impacts and Net gain
Ensure projects are demonstrably consistent with National Environmental Standards, not result in unacceptable impacts, and any residual significant impacts can and will be compensated to a net gain.
3. Consider the impact mitigation hierarchy from the outset
Actively plan to avoid, mitigate, repair and only then offset impacts; offsets alone will not rescue projects that fail earlier steps, particularly where unacceptable impacts arise.
4. Integrate greenhouse gas analysis into approvals strategy
Be ready to disclose Scope 1 and 2 emissions, demonstrate emissions management strategies, and align project planning with other Government policy/legislation, noting emissions data will be public.
5. Engage early and proactively in bioregional planning
Participate early and proactively in bioregional planning processes to influence development zones, conservation zones, and conditions — once plans are set, change will be more difficult and some projects in conservation zones may be precluded entirely.
6. Strengthen compliance systems and governance now – enforcement powers and penalties are increasing
Review and uplift compliance systems and teams, record keeping to demonstrate compliance (including past conduct) and audit readiness in anticipation of the National Environment Protection Authority, expanded audit powers, environment protection orders, and significantly increased penalties (including both turnover and financial benefit based fines).
For advice on how these reforms may impact your projects, or to discuss strategies for managing increased regulatory scrutiny under the reformed EPBC Act, MinterEllison is well placed to advise your business.
Please feel free to contact one of our specialists and otherwise read our other insights released as part of our EPBC Act Reforms – What You Need to Know series.
