From Act to implementation: Ensuring EPBC reforms deliver on their promise

22 July 2026

The ability of the reformed EPBC Act to deliver on the Government’s ambitious goals of efficient approval processes alongside stronger environmental protections will come down to how the Act is implemented and the supporting regulations are finalised over the next few months, according to a new report from the Clean Energy Investor Group (CEIG).

The new research, Implementing the EPBC Act: Recommendations to support better, faster decisions for renewable energy projects, raises the additional statutory tests and legislative instruments that could make or break the new system. With much of the framework needed to operate this new system incomplete, and a looming deadline of December 2026, the Report provides concrete recommendations to support the timely delivery of renewable energy projects.

“Parliament finally passed the most significant environment law reform in a generation – but now the hard part begins: ensuring it works in practice,” said Richie Merzian, CEO of the Clean Energy Investor Group.

“Renewable energy companies are being asked to prepare for a system that isn’t yet finished. The National Environmental Standards, the calculation of offsets and the definition of net gain are all still outstanding, with commencement just months away.”

“These reforms can deliver faster, better decisions for renewables and for the environment – but only if government matches the ambition of the legislation with the same clarity of purpose in how it’s implemented.”

The report sets out several recommendations to help ensure the reforms achieve the Government’s objectives. These include:

• Boost collaboration and data access to improve confidence of decision makers to apply the framework as intended, rather than defaulting to excessive caution
• Finalise fit-for-purpose regulatory instruments well ahead of the commencement date
• Optimise use of the Restoration Contributions Holder to deliver environmental offsets at a strategic, scaled level that maximises outcomes

“Too often, renewable energy projects are assessed through the lens of uncertainty rather than ecological risk. The Government’s own Capability Review found that more than half of staff believe the Department’s risk appetite is holding back its performance. The new framework must give decision-makers the confidence to make timely, evidence-based decisions,” said Richie Merzian, CEO of the Clean Energy Investor Group.

“The successful implementation of the reforms is critical not only for investor confidence, but also for supporting the renewable energy projects needed to reduce emissions, which is fundamental to protecting the threatened species and ecosystems the EPBC Act exists to conserve.

CEIG’s Implementing the EPBC Act report draws on CEIG member input and was prepared with assistance from Herbert Smith Freehills Kramer.