Environment Protection Reform Commencement Proclamation (No. 1) 2026
I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under item 2 of the table in subsection 2(1) of the Environment Protection Reform Act 2025, fix 20 February 2026 as the day on which the following items in Schedule 1 to that Act commence:
(a) item 2;
(b) item 5;
(c) item 8;
(d) item 11;
(e) item 14;
(f) item 17;
(g) item 20;
(h) item 23;
(i) item 26;
(j) item 32;
(k) item 40;
(l) item 43;
(m) item 46;
(n) item 49;
(o) item 52;
(p) item 55;
(q) item 58;
(r) item 61;
(s) item 64;
(t) item 66;
(u) item 68;
(v) item 71;
(w) item 74;
(x) items 156 and 157;
(y) item 164;
(z) item 178;
(za) item 187;
(zb) item 240;
(zc) item 245;
(zd) items 256 to 282;
(ze) item 287 (to the extent it adds Subdivision D of Division 1 of Part 10);
(zf) items 288 to 290;
(zg) items 292 and 293;
(zh) items 295 to 298;
(zi) item 315;
(zj) item 317;
(zk) items 432 to 445;
(zl) items 447 and 448;
(zm) items 554 to 566;
(zn) items 569 and 570;
(zo) item 574 (to the extent it inserts subsection 515(1A));
(zp) items 575 and 576;
(zq) items 583 and 584;
(zr) item 591 (to the extent it inserts the definitions of advisory body and approval);
(zs) items 597 to 603;
(zt) item 604 (to the extent it inserts the definition of Commonwealth entity);
(zu) item 613;
(zv) item 614 (to the extent it inserts the definitions of Indigenous Advisory Committee, national environmental standard and national interest exemption);
(zw) item 616 (to the extent it inserts the definitions of Part 13 exemption, protected information, relevant information and responsible person);
(zx) item 618 (to the extent it inserts the definitions of State or Territory government body, statement of expectations and statement of intent);
(zy) item 618A.
Signed and Sealed with the
Great Seal of Australia on
19 February 2026
Sam Mostyn
Governor‑General
By Her Excellency’s Command
Murray Watt
Minister for the Environment and Water
Overview
The Environment Protection Reform Commencement Proclamation (No. 1) 2026I was enacted to facilitate the commencement of various provisions under the Environment Protection Reform Act 2025, aiming to address gaps and inefficiencies in the existing environmental protection frameworks. This notifiable instrument, signed and sealed by the Honourable Sam Mostyn AC, Governor-General of the Commonwealth of Australia, on 19 February 2026, sets 20 February 2026 as the commencement date for a series of specified items outlined in Schedule 1 of the Act. This measure was introduced by the Australian Parliament to streamline environmental regulations and enhance the enforcement mechanisms for environmental protection, reflecting the policy objective of ensuring robust and effective environmental governance across the nation.
Scope and Application
The Environment Protection Reform Commencement Proclamation (No. 1) 2026I applies to various provisions of the Environment Protection Reform Act 2025, specifically detailing the commencement date of these provisions. The Act applies to the Commonwealth of Australia and its associated territories, thereby encompassing a wide range of activities, entities, and conduct within the jurisdiction of federal environmental protection laws. It includes provisions related to the regulation of environmental impacts, the establishment of national environmental standards, and the creation of mechanisms for exemptions and approvals that govern the conduct of entities and individuals involved in activities that may affect the environment. The Act does not specify particular exclusions or exemptions, but it is understood that these may be defined within the subordinate instruments and specific provisions of the Act itself. The broad scope of the Act is subject to further delineation and application through the subordinate instruments, which may provide additional clarity on how the Act is to be implemented and enforced across various sectors and activities within the Commonwealth.
Key Provisions
The Environment Protection Reform Commencement Proclamation (No. 1) 2026I sets out the commencement date for various items in the Environment Protection Reform Act 2025. Specifically, item 2 of the Proclamation (section 2(a)) fixes the commencement date as 20 February 2026 for numerous specified items listed in the Schedule of the Act. These items include, among others, item 2, item 5, item 8, and so forth, up to item 618A. This proclamation ensures that the legislative changes outlined in the Act take effect on the specified date.
The Act imposes several obligations and requirements on the parties and entities it governs. These obligations primarily focus on environmental protection and reform, aiming to implement new standards, definitions, and processes for environmental governance. For example, the Act introduces new definitions for terms such as "advisory body" and "approval" (sections 591(1A) and 591(1B)). It also outlines new processes and standards for environmental management, including national environmental standards and the roles of Indigenous Advisory Committees (sections 604 and 614). These provisions mandate that relevant parties comply with the new regulatory framework established by the Act.
Breaches of the provisions set out in the Act may result in various civil or criminal consequences. The specific penalties for non-compliance are not detailed in the Proclamation but are likely to be found in the Act itself. Generally, environmental legislation can impose fines, imprisonment, or both, depending on the severity of the offence. For instance, significant breaches could lead to substantial fines or imprisonment for individuals or corporate entities. It is essential for those governed by the Act to ensure compliance to avoid these potential penalties.
In summary, the Environment Protection Reform Commencement Proclamation (No. 1) 2026I sets a clear date for the commencement of numerous items in the Environment Protection Reform Act 2025, establishing new environmental standards and processes. The Act places specific obligations on various entities to adhere to the new regulatory requirements. Non-compliance with the Act could result in significant civil or criminal penalties, highlighting the importance of adherence to the new legislative framework.