Announcement date
18 December 2025
Link to announcement
Problem being addressed
The Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) is due to sunset on 1 April 2026.
Proposal
The Department of Climate Change, Energy, the Environment and Water (the Department) propose to remake the EPBC Regulations ‘as is’ without significant amendment, except for minor corrections to ensure the EPBC Regulations remain current.
The Department notes that the Government’s environmental law reforms which implement key recommendations of the Second Independent Review of the EPBC Act (the Samuel Review) have now been passed by Parliament. As a result, the Department notes more substantive changes to the EPBC Regulations and other relevant subordinate instruments will be undertaken that will improve their efficiency and effectiveness.
The impacts of these changes to EPBC Regulations and other relevant subordinate instruments will be assessed, consistent with the government’s impact analysis framework ahead of final government decisions on detailed policy settings.
The remake of the EPBC Regulations supports regulatory certainty for industry and the environment, by maintaining the administration of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) ahead of the amendments to the EPBC Regulations to align with the reformed EPBC Act.
Assessed Impact Analysis outcome
Sunsetting instrument
Assessment comments
The Government's Policy Impact Analysis arrangements for remaking sunsetting instruments would normally require the Department to certify that the EPBC Regulations are operating efficiently and effectively. In this case, the Department has certified that improvements to the efficiency and effectiveness of those regulations will be considered under the broader environmental law reform process, the impacts of which will be published as addenda to the certification of the Samuel Review an Impact Analysis Equivalent.