New report from the Clean Energy Investor Group - Implementing the EPBC Act Reforms

The Clean Energy Investor Group (CEIG) has released a new report: Implementing the EPBC Act: Recommendations to support better, faster decisions for renewable energy projects. 

The report, supported by our Environment, Planning and Communities team, sets out the key recommendations to support effective implementation and administration of the reforms introduced under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

A copy of the report is available here. 

This report continues to build on our previous work with CEIG.  Our previous reports include: 

• Delivering Major Clean Energy Projects in New South Wales: A Review of Statutory Planning Approvals Processes (December 2023);
• Delivering Major Clean Energy Projects in Queensland and Victoria: A Review of Statutory Planning Approval Processes (April 2024);
• Delivering Major Clean Energy Projects: Review of the EPBC Act for Renewable Energy Projects in Queensland, New South Wales and Victoria (December 2024); and
• Delivering Major Clean Energy Projects in New South Wales: 2026 Update (June 2026). 

Recommendations to support effective implementation of EPBC Act reforms 

In November 2025, the Federal Government passed new reforms to the EPBC Act, representing the most significant changes to Australia's national environmental laws since the Act was introduced. 

The Government’s stated objective in amending the laws is to strengthen environmental protection and restoration while delivering more efficient, robust and transparent project assessments. 

The report highlights that, in order to deliver on these objectives, this will depend on two things occurring in parallel: 

• Effective implementation and administration of the amended EPBC Act
• Finalisation of the regulatory framework that supports the amended EPBC Act

Below is an overview of some key recommendations outlined in the report to support the Government’s objectives and timely delivery of renewable energy projects across Australia. 

Recommendations to ensure effective implementation

For the effective implementation and administration of the amended EPBC Act, the recommendations include: 

Develop “one view” across the National EPA 

Project proponents frequently report delays in the environmental assessment process because of differing views between experts and the Department, and inconsistent views within the Department itself, on the definitions of habitat (and therefore impacts) and the approach to project conditioning.

We have recommended that assessment bodies (including the National EPA) work with industry to better standardise habitat definition and conditioning for projects. 

Optimise the use of the Restoration Contributions Holder to deliver environmental offsets at a strategic, scaled level

For the first time, the concept of environmental offsets and restoration contributions will be included in the EPBC Act. Environmental offsets are currently managed through the 2012 Environmental Offsets Policy.  The amendments to the EPBC Act facilitate: 

• the ability to pay a restoration contribution charge for a residual significant impact; and
• the establishment of the Restoration Contributions Holder, with requirements to spend the restoration contribution to deliver a net gain.

Significantly, the Restoration Contributions Holder is able to pool amounts to cover residual significant impacts across multiple projects.  These restoration contributions provide an opportunity for the delivery of coordinated, scaled, strategic offsets, in place of the current system which can result in piecemeal and unconnected offset outcomes.

Recommendations have been made for the Restoration Contributions Holder to work with the States and Territories to deliver strategic environmental offsets that are directed at compensating at-risk species in high pressure areas.  We have also made recommendations for the development of an industry of specialised environmental offset providers.

Recommendations for finalising the regulatory framework 

For finalising the applicable regulatory instruments and sector specific guidance, the recommendations include: 

Streamlined assessments should be facilitated and reported on

If the Minister (or delegate) determines that an action is a controlled action, the Minister (or delegate) must also determine the prescribed assessment approach for that controlled action. 

Under the new reforms, the Government has introduced a new ‘streamlined assessment’ pathway. This pathway requires that a decision as to whether or not to approve an action must be made within 30 business days of the Minister (or delegate) deciding that the streamlined assessment pathway applies.

This timeframe however does not commence until the Minister (or delegate) decides a ‘streamlined assessment’ applies, which requires the Minister (or delegate) to be satisfied that all of the required information to make a decision on an approval is provided.

We have made a number of recommendations to ensure a faster and more efficient new streamlined assessment pathway, including:

• Government finalise the regulatory instruments that support the streamlined assessment pathway as a matter of urgency, with clear, objective criteria for individual project level decisions;
• where required, rulings or guidance material be produced at a sector level to provide certainty to proponents about the process and information requirements to support a streamlined assessment pathway;  and
• Government monitor and report publicly on the performance of the streamlined assessment pathway, including the timeframe between a referral being lodged and final decision, and the proportion of proposed actions that proceed through this pathway. 

The benefits of bilateral assessment arrangements should not be lost through the increased complexity of the accreditation process

Under the reforms, existing bilateral arrangements between the States and Territories need to be amended to reflect the new higher environmental standards required.

This may mean that amendments to existing State or Territory processes are required in order to achieve accreditation, creating further process complexity between Federal and State or Territory level

Recommendations have been made that the assessment bilateral agreements with the State and Territory governments are negotiated as a priority, while being mindful of any implications of State and Territory processes. 

Landscape scale assessments should be encouraged under the EPBC Act, and delivered in a way that produces efficient and environmentally sound outcomes

While the existing EPBC Act provided tools to facilitate landscape scale assessment, to date, these tools have been rarely used with most actions still proceeding on a project-by-project assessment.

Under the EPBC Act reforms, new tools have been introduced which aim to better facilitate landscape scale assessment. These include the new bioregional guidance plans and bioregional plans, and amendments to the existing strategic assessment framework.

A number of recommendations have been made to encourage the development of landscape scale assessments. In the context of renewables, this may include undertaking landscape scale assessments of renewable energy zones or hubs.

Conclusion 

With only a few months until the full commencement of the EPBC Act, this report sets out recommendations to support the Government in meeting its objectives, strengthening environmental outcomes and enabling timely, efficient assessments of renewable energy projects.