Announcement date
8 December 2022
Link to announcement
Media statement: Labor’s Nature Positive Plan: better for the environment, better for business | Ministers (dcceew.gov.au)
Problem being addressed
Australia’s natural environment and iconic places are in an overall state of decline and are under increasing threat. An independent review of Australia’s national environment law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), found that the law was ineffective and needed fundamental reform to address current and future environmental challenges.
The Independent Review of the EPBC Act (the Samuel Review) was conducted by Professor Graeme Samuel AC and completed in October 2020. It was undertaken in accordance with section 522A of the EPBC Act, which requires an independent review of the Act at least every 10 years. The review assessed the operation of the Act and the extent to which the objectives within the Act had been achieved. The Review made 38 recommendations.
Proposal
On 8 December 2022 Minister Plibersek released the Australian Government response to the Samuel Review, Nature Positive Plan: better for the environment, better for business. The Nature Positive Plan fully responds to the recommendations of the Samuel Review, and sets out the government’s commitment to reform Australia’s environment laws to better protect, restore and manage the environment.
Key reforms include: delivering National Environmental Standards, improving environmental data and information, progressing regional planning, improving conservation planning, reform of approaches to environmental offsets and enhancing First Nations partnerships to give First Nations peoples a stronger voice in our system of environmental protection.
The response also includes key elements of the government’s commitments to establish an independent Environment Protection Agency (EPA). While the mechanism of an EPA was not a specific recommendation of the review, the key outcomes it is seeking to achieve - to provide assurance and restore public trust in our national environment law – align with the review’s recommendations.
Assessed Impact Analysis outcome
Consistent with the Government’s Impact Analysis requirements, the Department of Climate Change, Energy, the Environment, and Water (DCCEEW) certified the final report of the Independent Review of the EPBC Act as meeting the requirements of a Regulation Impact Statement (RIS) – now known as an Impact Analysis (IA) – to support the actions specified in the government’s response.
Assessment comments
The Office of Impact Analysis (OIA) does not assess the quality of independent reviews, but does assess relevance. The OIA assessed that the options analysed in the certified report are sufficiently relevant to the Government’s proposed activities.
Regulatory Burden
DCCEEW notes that there will be no change to regulatory costs associated with the finalisation of the government response to the Review, however regulatory impacts are expected when these reforms are implemented.
The full range of impacts to the Australian community – including regulatory changes and other benefits and costs – will be measured as part of detailed design of the reforms and legislative changes. Estimates of these impacts will be prepared by DCCEEW and published by the OIA following the introduction of the relevant legislation.
Addendum 30 October 2025
The Department has provided an addendum to the original certification of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (the Samuel Review) as an Impact Analysis Equivalent, to inform decisions on the Environment Protection Reform Bill 2025, the National Environmental Protection Agency Bill 2025, the Environment Information Australia Bill 2025 and associated charging bills (the Reform bills).
The addendum provides additional information on the likely impacts of the Reform bills, consistent with the Department’s commitment in the certification letter for the Samuel Review of 17 November 2022. The addendum provides additional analysis of the Reform bills that were not able to be assessed at the time of the certification of the Samuel Review, including the proposed Streamlined Assessment Pathway and related reforms in reducing project approval delays.
The Department estimated the annual reduction in regulatory burden attributable to reduced delays costs to be between $0.45 to $6.9 billion per annum, with a middle estimate of $3.0 billion. This burden was presented in a range due to the uncertainty on the likely reduction in delay days associated with different reform measures. The Department has advised that this estimate was prepared consistent with the Government’s Regulatory Burden Measurement Framework.
The addendum also outlines the proposed approach to impact analysis for reform measures that would come into effect later when subordinate legislation commences. The Office of Impact Analysis (OIA) will, as required, publish information provided by the Department on the likely impacts of the Reform Bills as the detailed design of the key measures are progressed, including on the National Environmental Standards.
The OIA does not assess the quality of addenda to Impact Analysis or Impact Analysis Equivalents.