Draft discussion papers have been released outlining the purpose and functions of the new Commonwealth Environmental Protection Agency (EPA).
The EPA is to be established by way of new standalone legislation which we anticipate will be released in 2024. Other legislation (such as the new “nature positive” legislation, expected to replace the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act)) is to confer powers and responsibilities on the new EPA Chief Executive Officer (CEO).
This article sets out what we currently know about how the EPA is to operate, how that varies from current arrangements and what this means for the future of project environmental assessment in Australia.

The Final Report of the Independent Review of the Biodiversity Conservation Act 2016 (NSW) (Biodiversity Act) dated August 2023 (Report) was tabled in the NSW Parliament on 24 August 2023.
The Report is critical of the credibility of the Biodiversity Act and the offsets secured under that Act’s regime, and disapproving of the status and trajectory of biodiversity in NSW. The Report recommends a refocusing of the Biodiversity Act towards a nature positive strategy with improved protections for ecosystems.

Under current Australian arrangements, the “Safeguard Mechanism” requires Australian facilities that produce over 100,000 tonnes of carbon annually (or an equivalent amount of greenhouse gases), known as “Safeguard Facilities”, to keep their net emissions below a baseline (or ceiling), which has been determined on a facility specific basis. To meet its international commitments to achieving net zero emissions by 2050, the Australian government has proposed changes to the operation of the Safeguard Mechanism with the effect of reducing carbon emissions over time. Those proposed changes have now been extended to secure the political support required to enable the passage of these legislative reforms through federal parliament.

On 25 November 2022, the Land Court of Queensland recommended that decision makers not grant the mining lease and environmental authority required for the development and operation of Waratah Coal Pty Ltd’s proposed thermal coal mine in Queensland’s Galilee Basin.