Nature Positive Plan for Australia 2022
Nature Positive Plan for Australia 2022
December 2022
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better for the environment, better for business, Department of Climate Change, Energy, the Environment and Water,
Canberra, December. CC BY 4.0.
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Cover images
Great Barrier Reef
Renewable Energy
Stirling Station © Department of Climate Change, Energy, the Environment and Water—Photographer Dragi Markovic;
Superb Parrot © Department of Climate Change, Energy, the Environment and Water—Photographer Tyrie Starrs
Red flowering gum
Bicycle path and a corridor for runners in a park
Black-flanked rock wallaby © Department of Climate Change, Energy, the Environment and Water—Photographer Tyrie Starrs
Revegetation area, Tasmania © Department of Climate Change, Energy, the Environment and Water—Photographer Ivan
Haskovec (Staff)
We acknowledge the Traditional Owners of Country throughout
Australia and their continuing connection to land, sea and community.
We pay our respects to them and their cultures and to their elders
both past and present. We are committed to working respectfully
with Aboriginal and Torres Strait Islander peoples and give particular
acknowledgement to their use, knowledge and custodianship of
Australia’s native plants and animals over countless generations.
We support Aboriginal and Torres Strait Islander peoples and their
aspirations to maintain, protect and manage their culture, language,
land and sea Country and heritage.
Red flowering gum
Contents
Executive summary 1
The EPBC Act is not working for the environment, business or the community 6
Next steps 35
Appendix A
Government action to address recommendations of the Independent Review of the EPBC Act (Samuel, 2020) 36
Appendix B
This response is informed by engagement with stakeholders 50
Nature Positive Plan: better for the environment, better for business i
ii Nature Positive Plan: better for the environment, better for business
Minister’s foreword
In October 2020, Professor Graeme Samuel AC submitted his independent review into
the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). His review
concluded that the EPBC Act, Australia’s central piece of national environmental law, is
outdated, ineffective, and requires fundamental reform.
When read alongside the 2021 State of the Environment Report, Professor Samuel’s report presents us with an
alarming story of environmental decline. Australia’s natural environment is deteriorating and it’s not resilient enough
to withstand current or emerging threats. Native species extinction, habitat loss and cultural heritage destruction are
all accelerating, and reform is urgently needed.
The equation facing Australia is simple. If our laws don’t change, our trajectory of environmental decline will not
change either.
The prospect of accelerating decline should alarm us all. Our economy, our livelihood and our well-being all depend
on the health of the natural world. And our current demands on nature exceed its capacity to survive and thrive.
Professor Samuel produced a comprehensive, thoughtful and practical report, which offers us an opportunity to
make the fundamental changes we need to make.
In formally responding to the Professor Samuel’s review, we are identifying the priorities that will guide our
government’s reform agenda. These reforms will be guided by three essential principles:
§ Delivering better environmental protection and laws that are nature positive
§ Speeding up decisions and making it easier for companies to do the right thing
§ Restoring integrity and trust to systems and environmental laws.
We will make long overdue changes to our environmental laws, to build trust, integrity and efficiency into our
national system of environmental approvals. We will develop National Environmental Standards, to improve
protections and guide decision-making. And we will establish an Environment Protection Agency, to enforce the law
and restore confidence.
Uniting all these changes will be a conceptual shift. When we reform our environmental laws, we will take them
from being nature negative, where we oversee an overall decline in our environment, to nature positive, where we
protect our land and leave it in a better state than we found it.
This is not a choice between protecting the environment or economic development. The current system is frustrating
for business and ineffective for the environment. Our reforms will ensure we have faster, more efficient decision-
making, while at the same time ensuring we better protect our natural environment and heritage.
This response is the next step in a longer process of consultation and discussion. As Minister, I will continue to
engage with everyone who has a stake in environmental protection and our system of environmental approvals, as
we develop our laws and design the new Environment Protection Agency. I want to hear from First Nations groups,
businesses, conservationists, and community groups, as well as state, territory and local governments.
All Australians benefit from better protection for our environment and fairer, clearer decision-making for business.
We are so lucky to live in the most beautiful country on earth. Visitors come from all over the world to experience
the natural wonders we live with every day. We can’t take this good fortune for granted.
As Professor Samuel’s review makes clear: if we want to ensure our exceptional natural heritage is there for future
generations, we must act seriously, and we must act now.
Nature Positive Plan: better for the environment, better for business iii
iv Nature Positive Plan: better for the environment, better for business
Views over Kununurra © Department of Climate Change, Energy, the Environment and Water—Photographer Michelle McAulay
Executive summary
The Independent Review of the Environment Protection The government’s response will be guided by three
and Biodiversity Conservation Act 1999 (EPBC Act) (the fundamental principles. Firstly, the need to better protect
review) and the State of the Environment Report tell an Australia’s environment and prevent further extinction
alarming but consistent story. A story of environmental of native plants and animals. This means adopting
degradation, loss and inaction; of businesses frustrated regulation that is outcomes focused, decisions that are
by slow bureaucratic structures and an Act focused on nature positive, better partnerships with First Nations,
processes rather than outcomes. A story of opaque data and conservation planning that targets resources to
and decisions, poor enforcement and the exclusion of First areas where they will have the greatest impact. Secondly,
Nations people from involvement in decision-making. faster decision-making and clear priorities to provide
certainty to project proponents, de-risk investments and
In this response to the review, the Australian Government
promote sustainable economic development. Thirdly, a
is laying down a marker for environmental law reform.
commitment to restoring public accountability and trust
The agenda outlined in this response presents the most
in environmental decision-making though an independent
comprehensive remaking of national environmental law
EPA, regular reporting on progress towards environmental
since the EPBC Act was first introduced. The fundamental
goals and making environmental data publicly accessible.
problems with the EPBC Act and the basis of the necessary
reforms are set out by Professor Samuel AC in the
review. This government response builds on the review’s
Nature positive is a term used to
recommendations, taking account of new opportunities describe circumstances where nature
and challenges that have arisen since the review was – species and ecosystems – is being
provided to government 2 years ago. repaired and is regenerating rather
The Australian Government has committed to protect than being in decline.
30% of Australia’s land and seas by 2030, create a nature
repair market, establish an independent Environment
Protection Agency (EPA) and work in partnership with
Better environment and heritage
First Nations people, including to develop standalone outcomes
cultural heritage legislation. We are working towards
zero new extinctions. These policies are necessary,
National Environmental Standards
but have to be implemented in challenging times.
The Australian economy faces headwinds from a National Environmental Standards will set out the
deteriorating global economy, natural disasters, environmental outcomes that our laws are seeking to
and rising cost of living pressures. Faster, clearer achieve. The establishment of standards will underpin
environmental approval decisions assist economic our environmental law reforms. The initial standards for
growth, increase employment and support a greater development will be:
capacity to invest in environment and social priorities.
A resilient and healthy environment is necessary for a § Matters of National Environmental Significance
vibrant economy and society and essential to quality § First Nations engagement and participation in
of life. The condition and rate at which we are eroding decision-making
the environment poses significant risks to Australia’s § community engagement and consultation
economic, financial and social stability. § regional planning
§ environmental offsets
Nature Positive Plan: better for the environment, better for business 1
The standard for Matters of National Environmental The government is also working with First Nations
Significance will be the subject of early consultation with representatives to co-design new standalone First Nations
stakeholders, including state and territory governments, cultural heritage protection laws. These will ensure that
and will be released in draft form alongside new cultural heritage is identified and protected early, provide
legislation. The standard set out in the review will be certainty for Traditional Owners and proponents, and
the starting point for consultation. After the standard for prevent a repeat of the Juukan Gorge tragedy.
Matters of National Environmental Significance is made,
any new projects will need to comply with it. This will be
easier where there is a regional plan. All standards will
Climate considerations
be made under law and subject to regular review, with The government supports the recommendation of the
future amendments able to strengthen but not weaken review that proponents be required to publish their
environmental protection. expected Scope 1 and 2 emissions. Further, proponents
will be required to disclose how their project aligns
with Australia’s national and international obligations
Conservation planning
to reduce emissions. The changing climate will also be
We are living through an extinction crisis and our a mandatory consideration in environmental planning
conservation planning processes are not up to approaches. Improvements in information and guidance
the challenge. Processes are bureaucratic, create will support these reforms.
unnecessary paperwork and do not enable effective
protection or prioritisation of effort.
Water trigger
The government will remove overly prescriptive
The existing water trigger will be expanded to include
processes and duplication in conservation and
all forms of unconventional gas (e.g. shale and tight
management planning for species, communities and,
gas). Decisions will be supported by independent
where relevant, heritage. Conservation planning
expert advice, ensuring the environmental and water
documents will identify and prioritise the threats,
impacts of these proposed developments are managed.
actions and important habitat for threatened species
The government will consult with industry and other
and ecological communities. Protection of threatened
stakeholders to deliver these improved protections for
species will be strengthened by ensuring that
water resources and to avoid unintended consequences.
environmental decision-making is consistent with any
conservation planning documents. Planning will be fit-
for-purpose, with the advice of the Threatened Species Nuclear
Scientific Committee critical to deciding the type of
conservation planning required. The Government will pursue a uniform national
approach and make regulatory requirements and codes
consistent by harmonising requirements under national
First Nations partnerships environmental law with the radiation management
standards of the Australian Radiation Protection and
The government is committed to working in partnership
Nuclear Safety Agency. This approach will maintain
with First Nations in line with commitments agreed by
the Australian Government’s focus on protecting the
all jurisdictions through the National Agreement on
community and environment from the harmful effects
Closing the Gap. The role of the EPBC Act’s Indigenous
of radiation and radioactive material.
Advisory Committee will be enhanced to give First
Nations a stronger voice in our system of environmental
protection.
2 Nature Positive Plan: better for the environment, better for business
Faster, better decision-making Regional plans will be informed by relevant conservation
plans and underpinned by strong data and made
and clear priorities in accordance with a Regional Planning Standard.
They will be subject to approval by the minister and
negotiated with relevant states or territories, as well as
Accreditation regional natural resource management bodies and local
government.
Under the current arrangements, states and territories
can be accredited to undertake assessments on Regional plans and National Environmental Standards
behalf of the Commonwealth. As envisaged by the will provide project proponents with certainty, giving
review, states and territories will be able to apply to clear indicators of conservation priorities and where
become accredited under national environmental law development impacts will largely be prohibited. Working
to allow for single-touch decision-making. A decision in conjunction with environmental offsets and the
to accredit a state or territory must be made by the nature repair market, regional plans will enable more
minister. Accreditation will occur in accordance with the accurate pricing, de-risk projects and reduce project
recommendations of the review, require compliance approval time.
with National Environmental Standards, and require full
transparency of environmental performance data and
Environmental offsets
decision-making. The EPA will provide assurance over
accredited parties. Current offset arrangements are failing to prevent
environmental decline. They don’t properly compensate
As accreditation will take time, and not all jurisdictions
for the loss of habitat or heritage values and are often
will seek or continue to satisfy the requirements for
not enforced or maintained. Offset arrangements also
accreditation, the Australian Government will continue
cause delays and impose significant, unproductive costs
to play a role in environmental decision-making.
on project proponents. The government will reform
Streamlining and additional reforms, such as those to
offset arrangements to ensure they deliver gains for the
regional planning and offsets, will deliver better, faster
environment and reduce delays for project proponents.
environmental decision-making.
A National Environmental Standard for environmental
offsets will be made under law to provide certainty and
Regional planning confidence in its application.
Regional plans can speed up decision-making while Project proponents will need to first demonstrate
delivering nature positive outcomes at a landscape attempts to avoid and mitigate harm to protected
scale. Regional plans will be built around a three-level matters before resorting to environmental offsets.
(traffic light) map, designed to pre-identify areas for Where a proponent is unable to find or secure ‘like
protection, restoration and sustainable development. for like’ offsets, the proponent will be able to make a
Regional plans will also identify priority areas for action conservation payment.
and investment and help ensure Australia meets its
Conservation payments will be sufficient to achieve a
biodiversity outcomes including the 30x30 target.
net positive environmental outcome. This will establish
Regional plans will be required to deliver outcomes set a clear price signal and give proponents an effective
in the standard for Matters of National Environmental incentive to avoid and mitigate environmental impacts
Significance. Approaches to regional planning and from their projects.
project assessments will be developed together to
An evidence-based investment strategy, developed
create a framework for practical implementation of new
at arms-length from government, will ensure that
environmental laws. This will support consistent project
conservation payments are used to deliver optimal
assessment and decision making by the Commonwealth,
biodiversity outcomes for relevant bioregions.
states and territories. Implementation of standards at
regional scale will provide flexibility and ensure critical
habitat and other significant environmental matters are
protected, including from cumulative impacts.
Nature Positive Plan: better for the environment, better for business 3
Nature repair market Accountability and trust
The government will establish a nature repair market to
make it easier for businesses and individuals to invest in
nature. Currently businesses wanting to invest in nature Independent Environment Protection
or establish offsets must buy land or enter bespoke Agency
contracts with landholders. Businesses cannot easily
The government has committed to establishing an
invest in nature without some form of land ownership
independent EPA to be a tough ‘cop on the beat’. The
or tenure.
EPA will be responsible for compliance and enforcement
The government will introduce legislation to underpin under the new Act, holding proponents to account for
the nature repair market. This will establish a nationally their information, decisions and undertakings. This
consistent framework for measuring, monitoring, will include the publication of mandatory guidelines
reporting, verifying and publicly tracking biodiversity to inform the development and submission of
projects. Long-term obligations to maintain and manage environmental, social and economic information in
nature repair projects will apply to participating support of applications. The EPA’s regulatory functions
landholders. This voluntary scheme will operate will extend to wildlife trade regulation (EPBC Act) and
alongside the carbon market, with both schemes the Sea Dumping, Ozone and Synthetic Greenhouse
regulated by the Clean Energy Regulator. Gas Management, Hazardous Waste, Product Emissions
Standards, Recycling and Waste Reduction, and
Underwater Cultural Heritage Acts.
Regional Forest Agreements
The EPA will be responsible for project assessments,
The Government will work with stakeholders and
decisions and post-approvals (where these are not
relevant jurisdictions towards applying National
undertaken by another accredited decision-maker). The
Environmental Standards to Regional Forest Agreements
minister will have a power to call in decisions that would
to support their ongoing operation together with
otherwise be made by the EPA, with a requirement for
stronger environmental protection. The timing and
full transparency about any decisions and reasons.
form of this requirement will be subject to further
consultation with stakeholders. Consultation will The EPA will also be responsible for assuring
consider future management and funding opportunities the operations of states, territories and other
under voluntary environmental markets. Commonwealth decision-makers under any
accreditation arrangements.
4 Nature Positive Plan: better for the environment, better for business
Access to quality data will underpin effective compliance National parks
by the EPA. The success of regional planning and
environmental markets will also depend on the The government and the Director of National Parks
collection of, and access to, environmental data. have committed to restoring trust and confidence in
Data will be available through a public portal and be the management of jointly managed Commonwealth
accessible, searchable, interoperable and high quality. National Parks, including providing Traditional Owners
The portal will bring together and make accessible data with more control over the management of their Country.
from a range of sources including proponents and state
The government will work with Traditional Owners of
and territory regulators.
Kakadu, Uluṟu-Kata Tjuṯa and Booderee to examine
The Data Division will be responsible for expanded State the legal and institutional settings in the current EPBC
of the Environment reporting, including regular interim Act that establish the Director of National Parks and
reports and analysis of progress towards environmental frame the joint management relationship between
goals (e.g. 30x30). It will also be responsible for the Director of National Parks and Traditional Owners,
delivering environmental economic accounts in and to co-design policy, governance and transition
partnership with the Australian Bureau of Statistics, arrangements that meet the management aspirations of
and analysis needed for environmental indicators in the Traditional Owners.
Wellbeing Budget.
Next steps
Public accountability
A package of new national environmental legislation
Degradation of nature affects every Australian. In
will be prepared in the first six months of 2023 to
addition to approval decisions and strengthened
implement these reforms. During this period, there will
compliance and enforcement by an independent EPA,
be extensive consultation with stakeholders around the
it is proper that members of the public should be
detail of the legislation. Draft legislation will be released
able to hold proponents to account for their promises
to enable further consultation and detailed feedback.
made under environmental law. This will occur through
The legislation will be released as an exposure draft
the provision of publicly available, transparent and
prior to being introduced into the Parliament before the
accessible data. The government will also support the
end of 2023.
public to report their concerns to the EPA’s compliance
and enforcement area, and will provide opportunities The five initial National Environmental Standards will
to contribute to the monitoring of our environment and also be the subject of consultation with stakeholders,
compliance with National Environmental Standards. This including states and territories. Work will begin on
includes examining the possibility put forward by some regional planning with initial projects to be rolled out
stakeholders of strengthening third-party enforcement. with states and territories.
Nature Positive Plan: better for the environment, better for business 5
The EPBC Act is
not working for
the environment,
business or the
community
The Independent Review of the Environment Protection § Traditional Knowledge is not valued – there is a
and Biodiversity Conservation Act 1999 (EPBC Act) culture of tokenism. Indigenous Australians are seeking
(the review) was undertaken by Professor Graeme stronger national protection of their cultural heritage.
Samuel AC, and published in 2021. This was the second § Data is inaccessible and not current – confidence
10-yearly independent examination of our national in decision-making is low and effectiveness is not
environment law. The review, along with the 2021 State monitored. There is no assurance over decisions or
of the Environment Report (SoE 2021), underscores decision-makers.
the failure of our current environmental law to § Compliance and enforcement is weak – powers are
halt, let alone reverse, the continued decline of our rarely used, and are inadequate and outdated. There is
environment, built and natural heritage. distrust in the Act and its administration.
The review found that Australia’s environmental law The review recommended immediate and fundamental
was not working for the environment, business or the reforms to improve community and industry trust in the
community. The review found: EPBC Act, centred around six key pillars:
6 Nature Positive Plan: better for the environment, better for business
SoE 2021 confirmed the failure of our environmental Despite these findings, there is cause for optimism.
laws. It found that the state and trend of the Both the international and Australian communities are
environment of Australia is poor and deteriorating. The coming together to set ambitious targets to protect,
environment is facing increasing pressures from climate restore and sustainably manage the environment and
change, habitat loss, invasive species, pollution, and ensure future generations have access to the wild
resource extraction. Native species extinction, habitat places, natural resources and outstanding heritage that
loss and cultural heritage destruction are accelerating. Australia is renowned for.
1 The Australian Conservation Foundation (2022) has produced estimates for Australia’s economic reliance on the environment based on the methodology used by
the World Economic Forum. In a 2020 report the World Economic Forum found that around half of the world’s economic output, or GDP, was moderately to highly
dependent on nature.
Nature Positive Plan: better for the environment, better for business 7
8 Nature Positive Plan: better for the environment, better for business
Bluegrass, Carnarvon Station © Department of Climate Change, Energy, the Environment and Water—Photographer Dragi Markovic
Better
environment
and heritage
outcomes
Nature Positive Plan: better for the environment, better for business 9
Better environment
and heritage
outcomes
On behalf of the Australian Government, the Prime and restoration. This includes a national nature repair
Minister has endorsed the Leaders’ Pledge for Nature, market, which will drive innovation and give nature a
which aims to step up global ambition to tackle the real financial value.
climate crisis, halt biodiversity loss and deliver a nature
Restoring our natural environment will involve
positive world by 2030. This includes a commitment
collaboration and engagement from all sectors, public
to protect and conserve 30% of Australia’s land and
and private, in partnership. We must work with all land
oceans by 2030, increase Indigenous Protected Areas
managers, but particularly First Nations people, to
and improve their management by doubling the number
turn around the trajectory of decline. The Australian
of Indigenous rangers. To achieve this, we must shift our
Government recognises that First Nations peoples’
thinking and amend our laws to promote climate and
participation in management of land and sea is crucial to
environment-friendly development and nature-based
environmental outcomes. Improving protection of First
solutions to protect, restore and manage our most
Nations cultural heritage and increasing opportunities
precious habitats, places and species.
to integrate and value First Nations’ knowledge and
Clear National Environmental Standards and coordinated participation in managing Australia’s heritage and
conservation planning will support this shift, but they environment are important first steps.
must be supported by investment in management
10 Nature Positive Plan: better for the environment, better for business
Better environment and heritage outcomes
Karlu Karlu / Devil’s Marbles Conservation Reserve
Nature Positive Plan: better for the environment, better for business 11
The standard for Matters of National Environmental with more priority given to on-ground action based on
Significance will require a nature positive approach the latest science. Protection and recovery planning
to development. Projects and plans approved under documents will be designed to guide environmental
national environmental law will have to: decision-making and clearly identify necessary threat
management, restoration and recovery action.
§ avoid unacceptable and unsustainable impacts on
matters of national environmental significance Changes to conservation planning approaches will
§ deliver net positive outcomes for Matters of National include:
Environmental Significance.
§ a planning document for each nationally listed
threatened species and ecological community
Other priority National Environmental Standards
§ strong regulatory standing for all conservation
The government will also prioritise development of planning documents in environment impact
National Environmental Standards for: assessment and approval processes
§ First Nations engagement and participation in § clear requirements for conservation planning
decision-making documents to identify and prioritise threats, recovery
§ community engagement and consultation actions and important habitat for threatened species
§ regional planning, and and ecological communities
§ environmental offsets. § incorporation of contemporary data and information
in protection and recovery responses as new threats
The Standard on Community Engagement and emerge and science evolves
Consultation will ensure the public has access to § transfer of conservation planning documents to a
meaningful information about project impacts and an digitised system that enables greater accessibility and
opportunity to provide feedback early in the project application for all stakeholders.
development process.
Conservation planning will continue to be informed by
The next priorities will be a standard for Data and the best-available expert information; consultation with
Information and a standard for Compliance and First Nations peoples, other stakeholders and the public;
Enforcement. These will be developed following the and independent advice from the Threatened Species
establishment of the EPA and the Data Division. Scientific Committee.
12 Nature Positive Plan: better for the environment, better for business
the efforts of conservation managers and stakeholders, First Nations cultural heritage protections
notably state and territory governments, recovery
will be strengthened
teams, conservation groups, the scientific community
and First Nations organisations. The government has committed to developing new
Partnerships with First Nations The government is working in partnership with the
First Nations Heritage Protection Alliance (FNHPA) to
will improve environmental co-design reforms to First Nations cultural heritage
Nature Positive Plan: better for the environment, better for business 13
First Nations perspectives will inform Climate change
environment and heritage protection The government recognises the risks global warming
A new National Environmental Standard for First Nations poses to Australia’s unique ecosystems and the link
Engagement and Participation in Decision-Making will be between climate and biodiversity. We will address this
developed as a priority to enable First Nations views and by embedding climate considerations in all roles and
knowledge to be considered in all project approvals and functions of government.
planning decisions under national environmental law.2
In addition to our commitments to reduce national
Co-design of the standard will be led by the Indigenous emissions to 43% below 2005 levels by 2030, and to
Advisory Committee (a statutory committee established achieve net zero emissions by 2050 (see Box 1), the
and operating under the current EPBC Act) and will government will integrate climate change considerations,
involve engagement with First Nations peoples. It will where relevant, throughout national environmental law
build on the draft standard that was recommended by without duplicating existing mechanisms for reducing
the Review and related work progressed following the greenhouse gas emissions. This will include:
release of the review.3
1. Improved transparency in project assessments
The government will also work to develop a strategic, Projects assessed under national environmental law will
effective, meaningful and culturally informed approach to be required to provide estimates of emissions expected
inclusion of First Nations knowledge in listing assessments, across the life of the project, including their approach
conservation planning and threat abatement for species to managing emissions in line with the government’s
and ecological communities. This work will also look at commitments. Estimates will include emissions released
how species that are of cultural significance to First Nations and removed from the atmosphere, including those
people are considered in environmental and heritage generated as a direct result of an activity (Scope 1
protection processes. Recognition of culturally significant emissions), and those from the indirect consumption of
species can improve the way communities help maintain an energy commodity (Scope 2 emissions).
biodiversity and ecosystems in Australia.
2. Improved planning and landscape-scale approaches
to facilitate adaptation to climate change
As First Nations people increasingly share their
Regional plans, strategic assessments and other
knowledge, the government will ensure appropriate
strategic planning will be required to consider climate
access and handling and the protection of Indigenous
change and include environmental adaptation and
Cultural and Intellectual Property (ICIP).
resilience measures.
Commonwealth responsibilities
will be clarified in line with
international commitments
The government will make improvements to the
national environmental law’s coverage of climate, water
and nuclear actions. Changes will deliver effective
protections for these nationally important matters and
uphold our international commitments.
14 Nature Positive Plan: better for the environment, better for business
The government’s commitment to protect 30% of lands Threatened Species Scientific Committee will provide
and waters by 2030 will further contribute to delivering advice in 2023 on whether a Threat Abatement Plan
ecologically representative and well-connected systems would be a feasible, effective and efficient way of
and will create critical climate refugia for Australian addressing threats from climate change.
The Australian Government is committed to taking The government also agrees with the review that
ambitious action on climate change. In September national environmental law should recognise
2022 the landmark Climate Change Bills were Commonwealth, state and territory water management
passed, ensuring Australia’s emissions reduction systems, where these adequately protect and manage
target of 43% and net zero emissions by 2050 are water resources.
enshrined in legislation. The legislation empowers
the Climate Change Authority to provide the Changes to expand the scope of and access to
government with independent and expert advice independent expert advice provided by the Independent
while agencies including the Australian Renewable Expert Scientific Committee on Coal Seam Gas and Large
Energy Agency, the Clean Energy Finance Coal Mining Development will ensure all states and
Corporation, Infrastructure Australia and the territories have access to independent expert advice on
Northern Australia Infrastructure Facility will embed managing impacts on water resources.
amended targets in their objectives and functions.
Nature Positive Plan: better for the environment, better for business 15
16 Nature Positive Plan: better for the environment, better for business
Workers at a construction site
Better, faster
decision-making
and clear priorities
Nature Positive Plan: better for the environment, better for business 17
Better, faster
decision-making
and clear priorities
18 Nature Positive Plan: better for the environment, better for business
Better environment and heritage outcomes
Better, faster decision-making and clear priorities
Renewable energy options
The government will work with stakeholders and Regional plans will speed up decision-making and
relevant jurisdictions towards applying National deliver nature positive outcomes at a landscape scale,
Environmental Standards to Regional Forest Agreements including by addressing cumulative impacts. Regional
to support their ongoing operation together with plans will enable active management of our landscapes,
stronger environmental protection. The timing and oceans, waterways and places through a three-level
form of this requirement will be subject to further spatial system:
consultation with stakeholders. Consultation will
§ Areas of High Environmental Value, where
consider future management and funding opportunities
development will largely be prohibited. These are
under voluntary environmental markets.
areas of high environmental sensitivity, including with
World Heritage or National Heritage values, Ramsar
Regional plans will guide wetlands, critical habitat for threatened species
and, by agreement, other areas of high conservation
sustainable development and significance. This will provide planners and prospective
environmental restoration proponents with certainty including an early ‘no’ so
developments can be directed towards areas where
there will be less environmental impact.
The government has committed $29.3 million to
§ Areas of Moderate Environmental Value, where
make an immediate start on regional planning and
Accountability and trust
Nature Positive Plan: better for the environment, better for business 19
Rainforest, Fraser Island National Park
§ Development Priority Areas, where the planning to project assessments and decision-making by the
process has determined development can proceed Commonwealth, states and territories.
without a separate Commonwealth environmental
The government will seek to trial the application of
approval. Consistent with current practice, state and
regional plans with states and territories to determine
territory planning and environmental approvals will
whether they are practical before finalising the Regional
still be required for certain types of land use and
Planning Standard. Other standards will underpin
development in the Development Priority Areas.
implementation of regional plans.
Once regional plans are in place, individual projects will
The government aims to complete the first round of
need to demonstrate compliance with the plan.
regional planning by 2028. In areas where regional
Regional plans will also identify areas necessary for plans are not yet in place, proposed developments
restoration and management, and help Australia likely to have a significant impact on MNES will follow
meet its biodiversity objectives, including the 30x30 an assessment process similar to that which will apply
target. Areas adjoining or connecting Areas of High in Areas of Moderate Value in a regional plan. Proposed
Environmental Value will be particularly important. developments will be required to avoid impacts on critical
habitat and otherwise apply the 4-step offset hierarchy
The definition of ‘Areas of High Environmental Value’ will be
described below to deliver a net positive environmental
essential to the practical implementation of regional plans
outcome at the project level.
and will form the basis of consultation with stakeholders
during the development of standards. Central to this A digital platform for regional plans will present up-to-
definition is recognition that impacts in Areas of High date monitoring data and information to demonstrate
Environmental Sensitivity cannot be offset effectively. how the regional plan is benefiting sustainable
Conservation planning documents will provide foundational development and nature positive objectives across the
evidence for the development of regional plans. landscape, over the term of the plan.
A principles-based Regional Planning Framework has The incorporation of First Nations people’s values,
been developed collaboratively with stakeholders. aspirations, knowledge and science will be an objective of
The Regional Planning Framework provides high-level all regional plans. Incorporating local First Nations cultural
guidance to planners and partners looking to undertake knowledge by embedding it within the objectives and
regional planning. A National Environmental Standard priorities of the plans, will foster appropriate methods
for Regional Planning will be developed together of caring for Country. The standard for First Nations
with approaches to assessment to create a practical engagement and participation in decision-making will be
framework for implementation of new environmental applied to the development of regional plans.
laws. Regional plans will support a consistent approach
20 Nature Positive Plan: better for the environment, better for business
Environmental offset A National Environmental Offsets System will be
released by the end of 2022, to track and report on the
arrangements will deliver better use and delivery of environmental offsets.
overall environmental outcomes The government will issue new guidance for proponents
impacts cannot be avoided and offsets are necessary, by conservation planning documents, will be developed
the offsets should be ‘like for like’ and deliver a net to ensure conservation payments are used to deliver
benefits for MNES. optimal environmental benefits. Like proposed
development offsets, conservation payments could
The use of ‘averted loss’ offsets (protecting one be invested in feral pest management and fire/flood
patch of existing habitat in exchange for clearing or protection as well as habitat restoration. Investments
loss of another) will be discontinued, unless it can would not be required to be ‘like for like’ if this would
be demonstrated that the habitat is under clear and not result in the best overall environmental outcome.
imminent threat. A focus on improving habitat and Investments may be targeted towards the management
reducing threats will deliver better environmental of Areas of High Environmental Sensitivity, including
outcomes from proposed developments.
Nature Positive Plan: better for the environment, better for business 21
where these are on private land. Outcomes from the A nature repair market will make
investment of conservation payments will be subject to
regular review. it easier to invest
In the future, once the nature repair market is operating
The government has announced its intention to
effectively, the EPA may allow certain types of market
establish a nature repair market. The nature repair
projects to be used to meet approval obligations. For
market will deliver benefits for landholders, investors
example, proponents may be able to identify ‘like for
and the environment by encouraging investment
like’ projects certified through the nature repair scheme.
in restoration activities to deliver clear, measurable
Governments may also invest in conservation funds
biodiversity outcomes.
through the nature repair market.
Restoration activities are diverse and can have multiple
Improvements in data, planning and markets will
goals. Restoration can include removing or managing
increase opportunities for landholders to deliver offsets
threats, planting specific foraging trees missing from
efficiently and reduce the time lag between impact and
the landscape or improving ecological function (e.g. by
offset delivery.
re-establishing water flows). Restoration activities can
also focus on improving the condition of remnant native
vegetation or degraded land through removal of pests
and weeds.
Revegetation area, Tasmania © Department of Climate Change, Energy, the Environment and Water—Photographer Ivan Haskovec (Staff)
22 Nature Positive Plan: better for the environment, better for business
Foundational components of a nature repair market
include:
Nature Positive Plan: better for the environment, better for business 23
decision-makers. The government will rationalise the These measures support streamlining by enabling the
assessment pathways to create a risk-based approach to government to model costs and savings from reforms,
determining whether and how proposed developments minimising the cost of regulation to both business and
that may have a significant impact on matters protected government.
under national environmental law should be assessed.
This will reduce costs and regulatory complexity.
A national approach to listing threatened
For proposed development that clearly require detailed species will help conservation
assessment, the initial referral is an unnecessary step
in the process. The government will explore options to Environment Ministers have agreed to accelerate
move straight to assessment, including for proposed national efforts to prevent new extinctions of native
developments assessed under accredited arrangements plants and animals, including through working towards
with state, territory or other Commonwealth regulators. full implementation of the Common Assessment
Method to enable consistent national listing decisions.
Better up-front guidance for proponents will be
developed to reduce the number of unnecessary New environmental laws will enable the Australian
referrals and clarify the types of impacts that do not Government to recognise jurisdictional assessments
require approval, including for proposed developments and the listing of threatened species and ecological
that can demonstrate up-front consistency with National communities.
Environmental Standards.
Further efficiencies will be considered, including:
Strategic assessments will be reformed so they are § aligning listing processes with international best
more functional practice
The government will continue to support the use of § considering the Common Assessment Method in the
strategic assessments alongside regional planning. development of National Environmental Standards
Strategic assessments provide up-front approval for § enabling the Threatened Species Scientific Committee
actions covered by an endorsed policy, plan or program. to advise the minister on whether assessments
prepared by other jurisdictions comply with the
Strategic assessments can lead to more streamlined Common Assessment Method.
regulatory arrangements. There are, however,
limitations on strategic assessments that restrict their These reforms will be undertaken in consultation with
functionality, effectiveness and ability to respond state, territories and with other stakeholders.
to changes in information and circumstances over
time. The government will improve the operation and
effectiveness of strategic assessments.
Wildlife trade will be better regulated
Australia has a strong and robust system that protects
our wildlife from the insidious illegal trade in our native
Cost recovery will be strengthened
fauna and flora. However, important changes are
The government will implement activity-based needed to enable more efficient and effective regulation
costing and update cost recovery arrangements for of wildlife trade, and improve enforcement options.
environmental assessment and approvals, and will Some species are over regulated while protections for
support regulators to: other species are inadequate, and there is misalignment
with international standards. There is unnecessary
§ consistently and transparently cost and track their duplication of effective certification of goods (e.g.
regulatory activities leather products) by other international jurisdictions.
§ cost new policy initiatives While we have best practice approaches to ensure the
§ measure the benefits of reforms humane treatment of terrestrial species, there are gaps
§ ensure charges to business more accurately reflect the in provisions for some marine species that put these
cost of regulation. animals at risk of harm. Inadequate definitions of ‘zoos’
and ‘research institutions’ create regulatory loopholes.
24 Nature Positive Plan: better for the environment, better for business
The government will strengthen provisions relating welfare standards for live specimens imported and
to trade in wildlife to ensure we are protecting our exported from Australia is an important component
native wildlife and delivering on our international in demonstrating the sustainability of international
commitments to the sustainable import, export and wildlife trade. A fit and proper person test will apply
Bool and Hacks Lagoon. © Department of Climate Change, Energy, the Environment and Water—Photographer Ryan Breen (Staff)
Nature Positive Plan: better for the environment, better for business 25
26 Nature Positive Plan: better for the environment, better for business
Black-flanked rock wallaby © Department of Climate Change, Energy, the Environment and Water—Photographer Tyrie Starrs
Accountability
and trust
Nature Positive Plan: better for the environment, better for business 27
Accountability
and trust
Australians have lost trust in the ability of the current An independent Environment
EPBC Act to deliver good outcomes for our environment
and heritage and for businesses. Protection Agency will restore
The Australian Government recognises that to restore trust and integrity
trust our national laws must establish clear standards
and deliver nature positive outcomes. Decisions will An independent national Environment Protection
be underpinned with quality data, transparently made Agency (EPA) will undertake regulatory and
by an independent agency, and subject to strong implementation functions under the EPBC Act (including
compliance and enforcement. wildlife trade), and other relevant Commonwealth laws.
These will include laws regulating sea dumping, ozone
protection and synthetic greenhouse gas management,
hazardous waste, product emissions standards, recycling
and waste reduction, and underwater cultural heritage.
28 Nature Positive Plan: better for the environment, better for business
set out in legislation. The EPA will report publicly on
its performance and the Data Division will report on Box 2: Better Use of Environmental Data
whether the system as a whole, including the EPA,
The government will improve our environmental
is delivering on national environmental goals and
data, using innovative tools and technology to
Nature Positive Plan: better for the environment, better for business 29
Moulting Lagoon, Ramsar Site © Department of Climate Change, Energy, the Environment and Water—Photographer Michelle McAulay
The Data Division will provide advice to the government The Data Division will play a key role in providing a
on the establishment of the National Environmental platform for bringing together disparate environmental
Standard for Data and Information and be responsible information held by different organisations and
for its implementation. governments, including information gathered as part
of environmental approval processes and biodiversity
The standard will provide clarity on how data and
data collected through government natural resource
information are used in decision-making. It will
management programs. To support this, the Data
designate National Environment Information Assets
Division will be given responsibility for the Biodiversity
and be transparent about who will have a role in and
Data Repository (BDR). The BDR will be a platform to
accountability for maintaining and improving them.
easily integrate and share environmental data. An initial
These assets will underpin priority reforms including
BDR pilot successfully included foundational data from
National Environmental Standards, regional planning
the Western Australian Government. Modern data
and the nature repair market. Transparent and well-
management technology means the Data Division does
maintained environmental information assets will also
not need to hold information itself but can link data
provide greater certainty in conservation planning,
sets together. This measure will promote consistent
environmental reporting, and understanding the
data capture, interoperability, storage and sharing, thus
effectiveness of government actions undertaken to
improving and streamlining environmental decision-
protect and restore the environment.
making in all jurisdictions.
The Data Division will develop and implement a
The Data Division will also work with government,
monitoring, evaluation and reporting framework to
science, data and other organisations to ensure existing
provide assurance that the system as a whole, including
national data resources meet agreed quality standards
the EPA, is working to deliver environment and heritage
and are made publicly available.
outcomes and achieving the objectives of national
environmental law.
30 Nature Positive Plan: better for the environment, better for business
We will make better use of the State of the and society, dependencies of the economy and society
on the environment, and impacts of the economy and
Environment report
society on the environment.
The government will legislate to clarify of the purpose
The review found that the importance of the
Environmental economic accounts will The Data Division will be responsible for progressing
help us value nature environmental-economic accounts in partnership with
the Australian Bureau of Statistics.
Environmental-economic accounts present data to help
us better understand the condition of the environment
and interactions between the economy and the Statutory committees will be reformed
environment. They track changes in natural wealth:
The review highlighted that trust and confidence in the
the condition of the environment, value of natural
current EPBC Act could be enhanced by the provision
capital, benefits of the environment to the economy
of transparent, independent advice on the adequacy of
Nature Positive Plan: better for the environment, better for business 31
information provided to decision-makers. The current The government will not introduce a right to limited
EPBC Act has a range of statutory advisory committees merits review of decisions. Legislating National
that provide advice to the minister to promote a Environmental Standards, greater transparency and
cooperative approach to protecting and managing the establishment of an independent EPA are more
Australia’s environment. effective ways to improve and assure the quality of
decision-making. This will improve public trust and
The government will consult with the four existing
confidence in environmental decisions, which in turn
statutory committees – the Indigenous Advisory
will provide greater certainty for proponents. A National
Committee, Independent Expert Scientific Committee
Environmental Standard for Community Engagement
on Coal Seam Gas and Large Coal Mining Development,
and Consultation will allow for greater community
Threatened Species Scientific Committee and Australian
involvement in environmental decision-making and
Heritage Council – on amendments to enable them
regional planning processes. Limited merits review
to best contribute to the objectives of the new
could prevent proposed development from proceeding
environmental laws.
in a timely manner, as matters are held up by courts,
As a priority, the terms of reference for the Indigenous which can lead to unreasonable and unfair costs for
Advisory Committee will be updated to provide a clear proponents. Members of the public will retain the right
role in the development of standards. to bring claims for judicial review of decisions by the EPA
or the minister.
Environmental decisions will better The government will examine the possibility of
introducing third-party enforcement as suggested by
consider social and economic matters
a number of stakeholders, noting that it operates in
The review highlighted the need to better incorporate jurisdictions such as Victoria.
social and economic considerations in decision-making.
The Australian Government is committed to ensuring
that social (including cultural) and economic matters Traditional Owners will have more
are accurately identified and transparently factored into control over Commonwealth
decision-making. Reforms will include:
National Parks
§ establishment of mandatory guidelines for identifying
and quantifying the social and economic impacts of
each proposed development. These will be developed
Transforming management arrangements
in consultation with relevant Australian Government
portfolios, including reporting and review requirements for Commonwealth National Parks
§ provisions for relevant government authorities to provide The government and the Director of National Parks
authoritative review of proposed developments and have committed to restoring trust and confidence in
advice on social and economic matters the management of Commonwealth National Parks,
§ provisions to enable cost recovery of requisite including providing Traditional Owners with more
independent analysis of social and economic matters. control over the management of their Country.
Public accountability will be strengthened Joint management arrangements are in place for three
Commonwealth National Parks: Kakadu, Uluṟu-Kata
The degradation of nature affects every Australian. In Tjuṯa and Booderee. In these areas, Traditional Owners
addition to strengthened compliance and enforcement lease their land to the Director of National Parks (a
by an independent EPA, it is proper that members of the statutory position established under the current EPBC
public be able to hold proponents to account for their Act) and each park is jointly managed through lease
promises made under environmental law. This will occur agreements, statutory management plans, and boards
through the provision of publicly available, transparent of management for each park.
and accessible data. The government will support
members of the public to report their concerns to the The government and the Director of National Parks will
EPA’s compliance and enforcement area, and provide work with the Traditional Owners of Kakadu, Uluṟu-Kata
opportunities to contribute to the monitoring of and Tjuṯa and Booderee National Parks to examine the legal
compliance with National Environmental Standards. and institutional settings in the current EPBC Act that
32 Nature Positive Plan: better for the environment, better for business
establish the Director of National Parks and frame the Potential updates to the legislative and regulatory
joint management relationship between the Director of framework creating zoning definitions for Australian
National Parks and Traditional Owners. Marine Parks will also be considered. The focus will be
on strengthening the effectiveness of the marine parks,
Possible future management models will be co-designed
Nature Positive Plan: better for the environment, better for business 33
34 Nature Positive Plan: better for the environment, better for business
Great Barrier Reef
Next steps
Nature Positive Plan: better for the environment, better for business 35
Appendix A
Government action to address recommendations of the Independent
Review of the EPBC Act (Samuel, 2020)
The actions the Australian Government will take are set out against each recommendation in the table below.
a. The water MNES (section 24D/24E) should be amended to apply only to cross-border water
resources. Any action that is likely to have a significant impact on cross-border water resources
should be subject to the trigger. Restrictions should be removed where they prevent other parties
from being accredited to undertake approvals of proposals assessed under the water trigger.
This amendment should occur in the second tranche of reforms.
b. The nuclear MNES (section 21/22A) should be retained. In the first tranche of reforms, the
government should immediately adopt the recommended National Environmental Standard for the
protection of the environment from nuclear actions. In the second tranche of reform, the EPBC Act
and the regulatory arrangements of the Australian Radiation Protection and Nuclear Safety Agency
should be aligned, to support the implementation of best-practice international approaches based on
risk of harm to the environment, including the community.
The government will improve the coverage of water resources and nuclear actions to deliver effective
protections for these nationally important matters and uphold our commitments internationally.
The government will amend the water trigger to include all forms of unconventional gas (e.g. shale and
tight gas), with care to avoid duplicating state and territory water management systems.
See Water resources.
The government already ensures nuclear activities are managed in accordance with international best
practice and will harmonise regulatory requirements and codes with the Australian Radiation Protection
and Nuclear Safety Agency’s standards. See Nuclear actions.
2. National Environmental Standards recommended by this review should require development proposals to:
The government will require reporting of Scope 1 and 2 emissions and related management actions over
the life of the project. Regional and conservation planning will be required to take account of climate
change. See Climate change.
36 Nature Positive Plan: better for the environment, better for business
3. The EPBC Act should be immediately amended to enable the development and implementation of legally
enforceable National Environment Standards.
a. The Act should set out the process for making, implementing and reviewing National Environmental
Standards. The Act should include specific provisions about their governance, consultation,
monitoring and review.
b. The Act should require the activities and decisions made by the minister under the Act, or those
under an accredited arrangement, be consistent with the National Environmental Standards.
c. The Act should include a specific power for the minister to exercise discretion to make a decision that
is inconsistent with the National Environmental Standards. The use of this power should be a rare
exception, demonstrably justified in the public interest an accompanied by a published statement of
reasons which includes the environmental implications of the decision.
d. National Environmental Standards should be first made in a way that takes account of the current
legal settings of the Act. The National Environmental Standards set out in detail in Appendix B should
be adopted in full. The remainder of the suite of standards should be developed without delay to
enable the full suite of 9 standards to be implemented immediately. Standards should be refined
within 12 months.
The government will introduce legislation to establish standards in 2023, which will include a process
for making, implementing and reviewing standards. The legislation will specify that no standard can be
amended to reduce environmental protection. See National Environmental Standards will drive nature
positive outcomes.
The independent Environment Protection Agency will apply standards and ensure compliance with
conditions of approval. The Data Division will develop and implement a Monitoring, Evaluation and
Reporting framework to provide assurance that the objects of national environmental law and outcomes
of National Environmental Standards are being achieved. See The Data Division will track and publish
progress.
The standards recommended by the review will provide a starting point for the development of a package
of National Environmental Standards. See Developing the first National Environmental Standards.
4. In the second tranche of reforms, the EPBC Act should be amended to deliver more effective
environmental protection and management, accelerate achievement of the environmental outcomes
and improve the efficiency of National Environmental Standards. Parts 3 to 10 should be completely
overhauled to enable:
a. National Environmental Standards to evolve and be set in a way that delivers ecologically sustainable
development, through the collective contributions of the actions, decisions, plans and policies of the
Commonwealth and accredited parties.
b. A proactive focus on managing matters of national environmental significance. The Act should
require that matters of national environmental significance be protected, conserved, recovered and
enhanced.
c. All decisions to be targeted towards achieving the environmental outcomes set out in National
Environmental Standards
d. National Environmental Standards to be more efficiently applied to decision-making, including
accredited arrangements.
The government will ensure statutory decision-making is in line with the National Environmental Standards.
See National Environmental Standards will drive nature positive outcomes.
Nature Positive Plan: better for the environment, better for business 37
5. To harness the value and recognise the importance of Indigenous knowledge, the EPBC Act should require
decision-makers to respectfully consider Indigenous views and knowledge. Immediate reform is required to:
a. Amend the Act to replace the Indigenous Advisory Committee with the Indigenous Engagement and
Participation Committee. The mandate of the Committee will be to refine, implement and monitor the
national environmental Standard for Indigenous engagement and participation in decision-making.
b. Adopt the recommended National Environmental Standard for Indigenous engagement and
participation in decision-making.
c. Amend the Act to require the Environment Minister to transparently demonstrate how Indigenous
knowledge and science is considered in decision-making.
The Standard for First Nations Engagement and Participation in Decision-making will be co-designed with
the IAC as a priority.
The government will engage with First Nation peoples as part of overall reforms to co-design standalone
cultural heritage legislation and incorporate and protect First Nations data and knowledge.
See First Nations perspectives will inform environment and heritage protection.
6. The department should take immediate steps to invest in developing its cultural capability to build strong
relationships with Indigenous Australians and enable respectful inclusion of their valuable knowledge.
The department is taking immediate steps to develop the cultural capability of its staff.
The government will work with the First Nations Heritage Protection Alliance to co-design standalone First
Nations cultural heritage legislation. See First Nations cultural heritage protections will be strengthened.
8. The Commonwealth Government, through the Director of National Parks, should immediately commit to working
with Traditional Owners to co-design reforms for joint management, including policy, governance and transition
arrangements. The Commonwealth Government should ensure that this process is supported by amending the
EPBC Act when needed, and providing adequate resources.
The government and the Director of National Parks will work with Traditional Owners to review the role,
function and purpose of the Director of National Parks, including consideration of new legislative models
that allow for more direct management of Commonwealth National Parks by Traditional Owners.
See Transforming management arrangements for Commonwealth National Parks.
9. Legislative reforms should be redrafted in line with modern, best practice drafting guidance. Immediate
amendments should be made to:
a. Fix inconsistencies, gaps and conflicts in the EPBC Act to make it easier to understand and work with.
b. Implement enforceable National Environmental Standards; improve the durability of bilateral
agreements; independent oversight and audit; and compliance and enforcement.
The government will improve the legislative framework to make the new Act easier to understand and
to work with, and enable the establishment of National Environmental Standards, the EPA and regional
planning. See Environmental laws will be simplified and streamlined.
38 Nature Positive Plan: better for the environment, better for business
10. Over a 2-year transition period, a comprehensive reworking of the EPBC Act should be undertaken to fully
implement the reforms recommended by this review and to deliver an effective legislative framework.
a. The Act should be restructured to clarify and simplify the functions of the Act and how they interact.
b. Redrafting and restructuring of the Act should explicitly consider its interaction with other
Commonwealth legislation to remove inconsistency and to improve operational efficiency. To deliver
the full results, this may require consequential changes in other legislation.
c. Redrafting should include consideration of dividing the Act, such as creating separate pieces of
legislation for its key functional areas.
The government will simplify, modernise and streamline processes and clarify information requirements.
It will also involve removal of prescriptive processes and unused assessment pathways to reduce
complexity and improve flexibility for proponents and regulators. See Environmental laws will be
simplified and streamlined.
11. The Commonwealth Government should increase the transparency of the operation of the EPBC Act by:
The government will provide greater transparency to community and businesses about environmental
decision-making, including the data and information considered when making decisions. See The Data
Division will track and publish progress.
12. The EPBC Act should be immediately amended to recast the statutory committees to create the
Ecologically Sustainable Development Committee, the Indigenous Engagement and Participation
Committee, the Biodiversity Conservation Science Committee, the Australian Heritage Council, and
the Water Resources Committee. The Ecologically Sustainable Development Committee should be an
overarching committee with responsibility for providing advice on National Environmental Standards,
planning and implementation, and coordination across all the committees.
The government will review the terms of reference of the four existing statutory committees to ensure
alignment with the objectives of the new Act. See Statutory committees will be reformed.
Nature Positive Plan: better for the environment, better for business 39
13. The EPBC Act should retain the current extended standing provisions. In the second tranche of reform,
the Act should be amended to provide for limited merits review for development approval decisions but
be restricted:
The government will not introduce a right to limited merits review of decisions. Legislating National
Environmental Standards and establishing an EPA and the Data Division are better ways to improve,
and provide public assurance, about the quality and consistency of decision-making.
See Environmental laws will be simplified and streamlined and Public accountability will be
strengthened.
14. Immediately amend the EPBC Act to provide confidence to accredit state and territory arrangements to
deliver single-touch environmental approvals in the short-term. Accreditation should be:
The government will improve accreditation arrangements, including through setting more robust
requirements for decision-making. Accredited assessment will be subject to National Environmental
Standards and the same, strong assurance and oversight as other assessment processes under the EPA.
See Accreditation will be based on National Environmental Standards.
15. Increase the level of environmental protection afforded in Regional Forest Agreements (RFAs).
The government will work with stakeholders and relevant jurisdictions towards applying National
Environmental Standards to Regional Forest Agreements to support their ongoing operation together
with stronger environmental protection. See Regional Forest Agreements.
40 Nature Positive Plan: better for the environment, better for business
16. In the second tranche, the accreditation model should be applied to arrangements with other
Commonwealth agencies, where they demonstrate consistency with the National Environmental
Standards and subject themselves to transparent independent oversight. Specifically:
a. The complex requirements for ministerial advice on certain Commonwealth authorisations (sections
160–164) should be removed. These arrangements should be subject to the accreditation model, or
the standard assessment and approval provisions of the EPBC Act.
b. The accreditation model should be applied to the National Offshore Petroleum Safety and
Environmental Management Authority and the Australian Fisheries Management Authority using
appropriate legislative amendments.
c. Where relevant, a broader application of the National Environmental Standards to other
Commonwealth decisions and management plans, beyond those already provided for under the
current settings of the Act, should be considered.
All accredited parties will be subject to the same requirements under National Environmental Standards.
This will include state, territory and Commonwealth processes and management frameworks, such as, the
NOPSEMA strategic assessment and advice provided to other Commonwealth agencies under s160–164.
The EPA will assure and provide independent oversight over decision-making under national environmental
law and the standards. See Accreditation will be based on National Environmental Standards.
17. In the second tranche, a National Environmental Standard for actions impacting on Commonwealth
land and Commonwealth actions should be developed to provide a national benchmark for effective
environmental protections. The Commonwealth should promote the broader application of this standard
by encouraging other jurisdictions to adopt it.
The government will set National Environmental Standards. An overarching Standard for all MNES will
be established ahead of a Standard for actions on Commonwealth land. See National Environmental
Standards will drive nature positive outcomes.
18. In the second tranche, Commonwealth assessment pathways should be rationalised to enable a risk-
based approach to assessments that is proportionate to the level of impact on matters protected by the
EPBC Act.
The government will rationalise assessment pathways and ensure that assessment is proportionate to the
level of impact on MNES. Risks to MNES will also be addressed through regional plans. See Assessment
pathways will be rationalised to avoid unnecessary referrals.
19. In the second tranche, the implementation of Commonwealth assessment should be supported by
providing clear guidance, modern systems and appropriate cost recovery.
The government will improve the regulatory requirements for proponents and foster faster and better
decision-making. See Processes will be improved and streamlined.
Nature Positive Plan: better for the environment, better for business 41
20. Amend the EPBC Act to ensure wildlife permitting requirements align with Australia’s international
obligations related to:
a. species listed under Appendix I and II of the Convention on the Conservation of Migratory Species
(Bonn Convention)
b. import permitting requirements for Appendix II listed species under the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES)
c. requirements to ensure the humane transport of live fish and live invertebrates.
The government will streamline and improve wildlife trade permit requirements to retain consistency with
international obligations, including welfare standards for live specimens. See Wildlife trade will be better
regulated.
21. Amend Part 13A Division 2 and 5 of the EPBC Act, EPBC regulations and association definitions
to streamline and reduce regulatory burden on wildlife trade permitting processes and to enable
proportionate compliance and enforcement responses.
The government will reduce unnecessary prescription and administrative process for wildlife trade
permitting, ensuring ongoing protection of species is maintained and permit requirements remain
consistent with international obligations. See Wildlife trade will be better regulated.
22. Reduce instances under the EPBC Act and EPBC regulations where wildlife trade permitting may be
subject to abuse by applicants.
a. Tighten the definitions for the non-commercial categories of exhibition and travelling exhibition,
including what can be classified as a zoo.
b. Apply a fit-and-proper-person test as broadly as possible to wildlife permitting approvals under the Act.
The government will improve the effectiveness of wildlife trade regulation by improving compliance and
enforcement and reducing the potential for wildlife permits to be misused. A fit and proper person test will
also be applied. See Wildlife trade will be better regulated.
23. Immediately establish, by statutory appointment, the position of Environment Assurance Commissioner
with responsibility to:
a. oversee audit of decision-making by the Commonwealth under the EPBC Act, including the Office of
Compliance and Enforcement
b. oversee audit of an accredited party under an accredited arrangement
c. conduct performance audits, like those of the Auditor General and set out in the Auditor-General Act 1997
d. provide annual reporting on performance of Commonwealth and accredited parties against National
Environmental Standards. This report should be provided to the Environment Minister, to be tabled in
the Australian Parliament in a prescribed timeframe.
These functions will be performed by the EPA which will make decisions in accordance with National
Environmental Standards and assure accredited parties and instruments apply the standards.
See An independent Environment Protection Agency will restore trust and integrity.
The Data Division will develop and implement a Monitoring, Evaluation and Reporting (MER) framework to
provide assurance that the system as a whole, including the EPA, is achieving the objectives of the new Act
and outcomes of National Environmental Standards. See The Data Division will track and publish progress.
42 Nature Positive Plan: better for the environment, better for business
24. In the second tranche, the EPBC Act should be amended to remove outdated bilateral agreement
processes and replaced with robust and efficient accreditation processes, based on National
Environmental Standards, that include:
The government will improve accreditation arrangements and ensure robust oversight of decision-making
by accredited parties. Accredited arrangements will be subject to National Environment Standards, strong
assurance, and independent oversight. The accreditation framework will reflect the proposals set out in the
recommendation. See Accreditation arrangements will be based on National Environmental Standards.
25. In the second tranche of reform, the EPBC Act should be amended to support more effective planning
that accounts for cumulative impacts and past and future key threats and build environmental resilience
in a changing climate. Amendments should enable:
a. strategic national plans to be developed, consistent with the National Environmental Standards,
to guide a national response and effectively target action and investment to address nationally
pervasive issues such as high-level and cross-border threats
b. regional recovery plans to be developed, consistent with the National Environmental Standards,
to support coordinated threat management and investment to reduce cumulative impacts on
threatened species and ecological communities
c. ecologically sustainable development plans to be developed and accredited, consistent with the
National Environmental Standards. These plans should address environmental, economic, cultural
and social values and include priority areas for investment in the environment
d. strategic assessments to be approved, consistent with the National Environmental Standards and
regional recovery plans and provide for a single approval for a broad range of actions
e. the Commonwealth to accredit plans made by other parties, where these plans are consistent with
National Environmental Standards and other relevant plans
f. plans to be made consistent with key principles for quality regional planning.
The government’s approach emphasises this recommendation and focuses on regional planning.
Conservation plans will also be delivered via a regional framework with Areas of High Environmental Value
reducing the cumulative impacts on threatened species and ecological communities. The government
has committed $29.3 million to make an immediate start on regional planning and guide sustainable
development. See Regional Plans will guide sustainable development and environmental restoration.
The first standards will include a Regional Planning Standard to support the development of regional plans.
See National Environmental Standards will drive nature positive outcomes.
Nature Positive Plan: better for the environment, better for business 43
26. In the second tranche, the Commonwealth should establish a dedicated program to develop and
implement strategic national plans and regional plans with a focus on key Commonwealth priorities,
including:
a. strategic national plans for key, new and emerging threats of national significance
b. regional plans in biodiversity hotspots, areas foreshadowed as national priorities for economic
development and areas where matters of national environmental significance are under greatest threat.
The government will remove overly prescriptive processes and duplication to streamline and strengthen
conservation planning. See Conservation planning will strengthen protection and guide recovery efforts.
Regional plans will identify areas necessary for the protection, conservation and repair of environment
and heritage values. In other areas, plan will guide ecologically sustainable development, will harmonise
requirements between Commonwealth and state or territory regulators and significantly reduce
development approval times. See Regional Plans will guide sustainable development and environmental
restoration.
27. The Commonwealth should reform the application of environmental offsets under the EPBC Act to
address decline and achieve restoration.
a. The EPBC Act environmental offsets policy should be immediately amended (or a National
Environmental Standard for restoration that includes offsets should be made) in accordance with the
recommendations in Box 2.
b. As part of the second tranche of reform, the Act should be amended or standalone legislation passed
to legislate the revised offsetting arrangements, providing the certainty required to encourage
investment in restoration.
A National Environmental Standard for Environmental Offsets will work alongside the MNES Standard
to significantly improve environmental outcomes from offset arrangements. See Environmental offset
arrangements will deliver better overall environmental outcomes.
28. To foster private sector participation in restoration, the Commonwealth should formally investigate and
consider:
a. co-investment with private capital to improve the sustainability of private land management
b. establishing a central trust or point of coordination for private and public investment in restoration to
be delivered (including offsets)
c. opportunities to leverage existing markets (including the carbon market) to help deliver restoration
d. changes to the tax code that can deliver environmental restoration.
The government will establish a nature repair market. The nature repair market will encourage private
investment in environmental restoration and management. The government will investigate barriers and
incentives for the protection and restoration of biodiversity on private land. See A nature repair market
will make it easier to invest.
44 Nature Positive Plan: better for the environment, better for business
29. Immediate reforms are required to ensure that compliance and enforcement functions by the
Commonwealth, or an accredited party are strong and consistent.
a. The recommended National Environmental Standard for compliance and enforcement should be
immediately adopted.
b. Commonwealth compliance and enforcement functions and those of any accredited party should be
required to demonstrate consistency with this standard.
c. The Commonwealth should retain the ability to intervene in project-level compliance and
enforcement, where egregious breaches are not being effectively dealt with by the accredited party.
The EPA will be responsible for undertaking regulatory functions and implementing new environmental
laws. See An independent Environment Protection Agency will restore trust and integrity.
To facilitate the accreditation of other parties, a Standard for Compliance and Enforcement will be
developed once the EPA is established. See Developing the first National Environmental Standards.
Accredited parties will be subject to their compliance with all standards, and full disclosure of
environmental performance data. All accredited arrangements will be subject to strong assurance, and
independent oversight. See Accreditation will be based on National Environmental Standards.
30. The Commonwealth should immediately increase the independence of and enhance Commonwealth
compliance and enforcement. This requires:
a. Simplified law and a full suite of modern regulatory surveillance, compliance and enforcement
powers and tools, including targeted stakeholder resources to build understanding and voluntary
compliance.
b. Assigning independent powers for Commonwealth compliance and enforcement to the Secretary of
the Department of Agriculture, Water and the Environment, with compliance functions consolidated
into an Office of Compliance and Enforcement within the Department. This office should be provided
with a full suite of modern regulatory powers and tools, and adequate resourcing to enable the
Commonwealth to meet the National Environmental Standard for compliance and enforcement.
c. An increase in the transparency and accountability of activities, including clear public registers of
activities, offsets and staff conflicts of interest.
The government will establish the EPA as a strong independent environmental regulator with a mission
to improve trust and transparency in the operation of national environmental laws. See An independent
Environment Protection Agency will restore trust and integrity.
A National Environmental Offsets System will be released by the end of 2022, to track and report on the
use and delivery of environmental offsets. See Environmental offset arrangements will deliver better
overall environmental outcomes.
The government will provide full transparency to community and businesses on environmental decision-
making, including the data and information considered when making decisions. See Better data to track,
understand and adjust.
Nature Positive Plan: better for the environment, better for business 45
31. The Commonwealth should initiate immediate improvements to the environmental information system by:
a. adopting a National Environmental Standard for data and information to set clear requirements for
providing best available evidence, including requiring anyone with environmental information of
material benefit to provide it to the environmental information supply chain
b. appointing an interim supply chain Custodian to oversee the improvements to information and data
c. designating a set of national environment information assets to ensure essential information streams
are available and maintained to underpin the implementation and continual improvement of the
National Environmental Standards for MNES
d. expanding the application of existing work with jurisdictions on the digital transformation of
environmental assessments and ensuring it is aligned with implementation of the national
environmental information supply chain
e. commencing the overhaul of the Department’s information management systems to provide a
modern interface for interactions on the EPBC Act and support better use and efficient transfer of
information and knowledge.
The government agrees with the report’s recommendations and is committed to quality, accessible and
transparent data. The government will ensure decisions are based on the best available data, information
and advice, and increasing the transparency of decisions. See Better data to track, understand and adjust.
A Standard for Data and Information will be developed once the Data Division is established. See
Developing the first National Environmental Standards.
The government will establish a Data Division so an interim data supply chain custodian is not required. S
ee The Data Division will track and publish progress.
New information systems are being built to better coordinate Commonwealth and state and territory
decision-making and allow proponents to submit and track their applications online. See Better data to
track, understand and adjust.
32. The Commonwealth should build, maintain and improve an efficient environmental information supply
chain to deliver the best available evidence to improve the effectiveness of the EPBC Act. Aligned with
the second tranche of reform, the supply chain should:
a. have a clearly assigned Custodian responsible for providing long-term stewardship and coordination
b. have a legal foundation with provisions in the Act that details responsibilities, governance, National
Environmental Information Assets and reporting to ensure accountability
c. be underpinned by a long-term strategy and roadmap prepared and maintained by the Custodian,
with the first strategy due within 12 months
d. be supported by a coordinated effort to improve national ecosystem and predictive modelling
capabilities
e. have adequate up-front and ongoing funding.
The government will establish a Data Division within the Department of Climate Change, Energy the
Environment and Water to oversee and coordinate improvements to Australia’s environmental data and
information, and act as the custodian of the national environmental information supply chain.
See Better data to track, understand and adjust.
46 Nature Positive Plan: better for the environment, better for business
33. To monitor and evaluate the effectiveness of the EPBC Act the Commonwealth should immediately:
The Data Division will develop and implement a Monitoring, Evaluation and Reporting (MER) framework to
provide assurance that the objects of the new Act and outcomes of National Environmental Standards are
being achieved. See Better data and information to track, understand and adjust.
34. In the second tranche, the EPBC Act should be amended to require formal monitoring, evaluation and
reporting on the effectiveness of the Act in achieving its outcomes. Specifically, amendments should
include requirements to:
a. deliver a comprehensive and coherent monitoring and evaluation framework that includes
appropriate mechanisms for embedding the framework including governance
b. require a long-term strategy to identify and achieve systematic monitoring required to understand
the trend and condition of MNES
c. deliver an annual statement by the Ecologically Sustainable Development Committee to the
Environment Minister and the Environment Assurance Commissioner. The statement should evaluate
environmental performance under the Act, how the outcomes for MNES are tracking, and make
recommendations for adjustments are required.
The government will establish standards and ensure that decision-making processes under national
environmental law is effective and transparent.
The Data Division will provide publicly available monitoring and reporting on environmental outcomes.
See Accreditation will be based on National Environmental Standards and The Data Division will help us
track, understand and adjust.
35. The Commonwealth should immediately agree to deliver a published response to the 2021 State of the
Environment Report. The response should provide a strategic national plan for the environment, including
annual reporting on the implementation of the plan.
The government published the 2021 State of the Environment Report on 19 July 2022. This response
addresses findings from the SoE report and the review. Implementation of the government’s actions
will be reported regularly for transparency and accountability.
Nature Positive Plan: better for the environment, better for business 47
36. In the second tranche, the EPBC Act should be amended to provide a sound legislative basis for the
Commonwealth’s national leadership and reporting role including amendments to:
a. Set out the purpose of the national State of the Environment report to provide the national story
on environmental trends and condition, and require that it be independent, based on a consistent,
long-term set of environmental indicators, and align the timing of the report to enable it be used as a
contemporary input into the decadal review of the Act.
b. Require a government response to future State of the Environment reports that should be tabled in
the Australian Parliament in the form of a strategic national plan for the environment and annual
reports on the implementation of the plan.
c. Require a set of national environmental-economic accounts to be tabled annually in the Australian
Parliament alongside traditional budget reporting.
The government will introduce legislation to provide a sound basis for reform in 2023.
The government will legislate to clarify the purpose of SoE reporting, including requiring trend analysis
against national goals and a long term set of environmental indicators. This will include a requirement for a
government response to future SoE reports to be tabled in Parliament within a specified timeframe.
See We will make better use of the State of the Environment report.
The Government will develop a core set of national Environmental Economic Accounts to be tabled
annually in Parliament alongside the system of national (economic) accounts. See Environmental
economic accounts will help us value nature.
37. As part of the third tranche of reform, the Commonwealth, in its national leadership role, should build
on its own reforms by pursuing harmonisation with states and territories to streamline national and
international reporting by delivering:
The government will improve reporting and consider the best way to support further harmonisation with
states and territories through relevant intergovernmental forums. See The Commonwealth will work with
states and territories.
48 Nature Positive Plan: better for the environment, better for business
38. In the third tranche of reform, the Commonwealth should instigate a refresh of intergovernmental
cooperation and coordination to facilitate collaboration with the states and territories, including:
The government will seek to formalise support for implementation of national environmental law reform
through relevant intergovernmental forums. The government has reinstated the Environment Ministers’
Meeting to promote collaboration with states and territories. Ministers have committed to work together
on National Environmental Standards, regional planning locations and environmental data. Regional
planning will be undertaken with states, territories and local government. See The Commonwealth will
work with states and territories.
Nature Positive Plan: better for the environment, better for business 49
Appendix B
This response is informed by
engagement with stakeholders
Australian Climate and Biodiversity Foundation Mr Duane Fraser, Chair, Indigenous Advisory Committee
Australian Foundation for Wilderness & Great Eastern National Offshore Petroleum Safety and Environmental
Ranges Initiative Management Authority
Australian Land Conservation Alliance North Australian Indigenous Land and Sea Management
Alliance Ltd
Australian Marine Conservation Society
Places You Love
Australian Petroleum Production and Exploration
Association Professor Andrew Macintosh, ANU Law School
50 Nature Positive Plan: better for the environment, better for business
Nature Positive Plan: better for the environment, better for business 51
ENV482.0922