Environment Protection Reform (February Commencements) Transitional Rules 2026

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2026L00116 Rules In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by authority of the Minister for the Environment and Water

 

Environment Protection Reform Act 2025

 

Environment Protection Reform (February Commencements) Transitional Rules 2026

 

Purpose

 

The purpose of the Environment Protection Reform (February Commencements) Transitional Rules 2026 (the Transitional Rules) is to provide for outstanding transitional matters relating to the first tranche of the amendments made to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by the Environment Protection Reform Act 2025 (EPR Act).

 

Legislative authority

 

Item 715 of Schedule 1 to the EPR Act relevantly provides that the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provision) relating to the amendments or repeals made by a Schedule to the EPR Act, or the enactment of the EPR Act.

 

Background

 

The EPR Act implements the core recommendations of the second independent review of the EPBC Act, led by Professor Graeme Samuel AC and delivered to the Australian Government.

 

The reforms contained in the EPR Act will deliver:

 

  • stronger environmental protection and restoration;

 

  • more efficient and robust project assessments; and;

 

  • greater accountability and transparency in decision making.

 

These critical changes will ensure the EPBC Act will be able to meaningfully protect and restore the natural environment, while making practical improvements to the system that support nation-building initiatives like more homes, jobs, renewable energy, critical minerals and Australia’s economic productivity and prosperity into the future. These reforms will mean Australia’s national environmental law is better for business and better for the environment.

 

The EPR Act will commence on the earlier of a day fixed by one or more proclamations, or 12 months after the Bill received the Royal Assent. This means that if a provision of the EPR Act is not commenced by proclamation, it will automatically commence on 1 December 2026.

 

 

The Environment Protection Reform Commencement Proclamation (No.1) 2026 (EPR Proclamation) would fix 20 February 2026 as the date the first tranche of amendments commences. The first tranche of amendments would cover the following subject matters:

 

  • surrender of Part 9 approval;

 

  • strategic assessments (other than certain amendments intended for later commencement);

 

  • national interest exemption provisions;

 

  • reconsiderations (other than certain amendments intended for later commencement);

 

  • statutory committees;

 

  • national environmental standards – residual provisions;

 

  • legislative authority;

 

  • information sharing;

 

  • wildlife trade;

 

  • administrative fixes – the map in new Schedule 2 of the EPBC Act.

 

Impact and effect

 

The EPR Act sets out the transitional arrangements for many of the amendments made to the EPBC Act by the EPR Act.

 

The EPR Act also allows for rules to be made prescribing additional transitional matters relating to the amendments made by the EPR Act. It is intended that each tranche of EPR provisions to commence will need to be accompanied by transitional rules to provide for outstanding transitional arrangements relating to the amendments in that tranche.

 

The Transitional Rules provides for outstanding transitional arrangements relating to the amendments to the EPBC Act made by the EPR Act that are included in the first tranche (intended to commence on 20 February 2026). This consists of transitional rules relating to the amendments of the EPBC Act concerning strategic assessments, national interest exemption, statutory committees and wildlife trade.

 

Pre-conditions to making the Transitional Rules

 

The EPR Act does not specify any further conditions that need to be satisfied before the power to make the Transitional Rules can be exercised.

 

 

 

 

Consultation

 

The Australian Government consulted widely, including with environment and business groups, First Nations organisations, scientists and State and Territory Governments on the reforms in the EPR Act.

 

Since the EPR Act was the subject of extensive stakeholder consultation during its development, and given the minor and machinery nature of this instrument, the Department has not consulted more broadly on Transitional Rules.

 

Details and operation

 

Details of the Transitional Rules are set out in Attachment A.

 

The Transitional Rules is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Transitional Rules commences on the day after it is registered on the Federal Register of Legislation.

 

The Transitional Rules is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.


ATTACHMENT A

 

 

Details of the Environment Protection Reform (February Commencements) Transitional Rules 2026

 

 

Part 1 – Preliminary

 

Section 1 – Name

 

  1.       This section provides that the title of the instrument is the Environment Protection Reform (February Commencements) Transitional Rules 2026 (the Transitional Rules).

Section 2 – Commencement

 

  1.       This section provides that the Transitional Rules commences on the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

 

  1.       This section provides that the Transitional Rules is made under item 715 of Schedule 1 to the Environment Protection Reform Act 2025 (EPR Act).

Section 4 – Definitions

 

  1.       This section defines the terms amending Act, commencement day and principal Act, as used in the Transitional Rules.
  2.       The term amending Act refers to the EPR Act, while the term principal Act refers to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
  3.       The term commencement day means the 20 February 2026, which is when the first tranche of amendments made by the EPR Act is intended to commence.

Part 2 – Strategic assessments

Section 5 – Schedule 1, items 259 and 260

 

  1.       Items 259 and 260 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act to make strategic assessments more flexible, workable and legally robust, while maintaining strong environmental protections.
  2.       Section 146A of the EPBC Act defined the term endorsed policy, plan or program for the purposes of Division 1 of Part 10 as meaning a policy, plan or program that has been endorsed by the Minister in accordance with an agreement as mentioned in paragraph 146(2)(f).
  3.       Item 259 of Schedule 1 to the EPR Act amends the definition of endorsed policy, plan or program in section 146A to add the following words at the end of the definition: ‘(including any variation of the policy, plan or program approved by the Minister under section 146DI)’. This amendment was consequential to the amendment made by item 276 which, relevantly, inserts new section 146DI. New section 146DI allows the Minister to approve a minor variation to an endorsed policy, plan or program.
  4.   Item 260 of Schedule 1 to the EPR Act amends section 146A to insert new subsection 146A(2). New subsection 146A(2) clarifies that in Division 1 of Part 10 (except subsection 146D(1) and paragraphs 146E(a) and (b)), a reference to an approval under section 146B includes a reference to an approval under section 146B as varied.
  5.   Section 5 of the Transitional Rules is an application provision for the amendments in items 259 and 260. It has the effect that:
    •          the amendment made by item 259 applies in relation to a policy, plan or program that is endorsed by the Minister before, on or after the commencement day; and
    •          the amendment made by item 260 applies in relation to a Part 10 approval that is granted before, on or after the commencement day.

Section 6 – Schedule 1, item 271

  1.   Item 271 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act to make strategic assessments more flexible, workable and legally robust, while maintaining strong environmental protections.
  2.   Item 271 of Schedule 1 to the EPR Act amends Division 1 of Part 10 of the EPBC Act to insert new section 146CA. New section 146CA requires the Minister, when deciding whether to grant a Part 10 approval where:
    •          the action, or class of actions, involves unconventional gas development or large coal mining development; and
    •          the Minister believes that the taking of the action, or the class of actions, is likely to have a significant impact on water resources, including any impacts of associated salt production or salinity,

to obtain the advice of the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development (IESC).

  1.   Section 6 of the Transitional Rules is an application provision for item 271. It has the effect that this amendment applies in relation to a decision made whether to grant a Part 10 approval on or after the commencement day, whether the policy, plan or program is endorsed by the Minister before, on or after the commencement day.

Section 7 – Schedule 1, item 272

  1.   Item 272 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act to make strategic assessments more flexible, workable and legally robust, while maintaining strong environmental protections.
  2.   Section 146D of the EPBC Act sets out the effect of a Part 10 approval on other provisions in the EPBC Act. Relevantly, subsection 146D(1) has the effect that, if a Part 10 approval is in force, the Minister is:
    •          taken to have decided under Division 2 of Part 7 that each action covered by the approval is a controlled action and each provision of Part 3 specified in the approval is a controlling provision for that action; and
    •          taken to have approved, under Part 9, for the purpose of each controlling provision for each controlled provision, the taking of the action by the action by the person or persons (if any) specified in the approval as the person or persons who may take the  action, and any other person who may take the action in accordance with the endorsed policy, plan or program.
  3.   Item 272 of Schedule 1 to the EPR Act amends section 146D(1) to omit ‘If an’ and substitute ‘Subject to section 146DL, if an’. This amendment was consequential to the amendments made by item 276 which, relevantly, inserts new section 146DL. New section 146DL sets out how a variation in a Part 10 approval under new section 146DJ would affect the decisions that the Minister is taken to have made under subsection 146D(1).
  4.   Section 7 of the Transitional Rules is an application provision for the amendment in item 272. It has the effect that this amendment applies in relation to a Part 10 approval granted before, on or after the commencement day.

Section 8 – Schedule 1, items 278 to 282

  1.   Items 278 to 282 of Schedule 1 to the EPR Act relate to the changes to the EPBC Act to make strategic assessments more flexible, workable and legally robust, while maintaining strong environmental protections.

 

  1.   Subdivision C of Division 1 of Part 10 of the EPBC Act sets out the mandatory considerations when deciding whether to grant a Part 10 approval. Subdivision C relevantly includes sections 146E and 146F.
  2.   Section 146E of the EPBC Act required the Minister to comply with Subdivision C in deciding:
    •          whether or not to approve, under section 146B, the taking of an action or class of actions in accordance with an endorsed policy, plan or program; and
    •          in the case of a decision to approve the taking of such an action or class of actions – what conditions (if any) to attach to the approval.
  3.   Subsection 146F(1) had the effect that the Minister must consider the following:
    •          Matters relevant to any matter protected by a provision of Part 3 that the Minister considers is relevant to the approval; and
    •          economic and social matters.
  4.   In considering those matters, subsection 146F(2) requires the Minister to take into account the principles of ecological sustainable development.
  5.   Items 278 to 282 of Schedule 1 to the EPR Act amends sections 146E and 146F of the EPBC Act to the following effect:
    •          item 278 amends existing paragraph 146E(b) to clarify that the decision to attach conditions to a Part 10 approval is a decision made under section 134 (as applied by new section 146DA);
    •          item 279 amends existing section 146E to insert new paragraphs 146E(c) and (d). New paragraphs 146E(c) and (d) respectively require the Minister to comply with Subdivision C in making the following additional decisions:
      1.         whether or not, under section 143 (applied by new section 146DC) to revoke, vary or add to any conditions attached to a Part 10 approval; and
      2.       whether or not to make a variation of a Part 10 approval that is covered by new paragraphs 146DJ(2)(a), (b), (c), (d) or (f).
    •          item 280 amends the existing note following section 146E so that it becomes note 1;
    •          item 281 amends existing section 146E to insert two new notes;
    •          item 282 amends existing section 146F to the effect that, in considering the matters in subsection 146F(1), the Minister is required to take into account the following:
      1.         the principles of ecological development; and
      2.       any bioregional plan or bioregional guidance plan the Minister considers relevant; and
      3.     any relevant advice obtained by the Minister from the IESC.
  6.   Section 8 of the Transitional Rules is an application provision for the amendments in items 278 to 282. It has the effect that these amendments apply in relation to a decision mentioned in section 146E that is made on or after the commencement day, whether the decision relates to:
    •          a policy, plan or program endorsed before, on or after the commencement day; or
    •          an approval granted, before, on or after the commencement day.
  7.   This means that the Minister must, on and after the commencement day, comply with the amended section 146E and 146F when granting a new Part 10 approval, or when varying a new or existing Part 10 approval.

Section 9 – Schedule 1, item 287 – Subdivision D of Division 1 of Part 10

  1.   Item 287 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act to make strategic assessments more flexible, workable and legally robust, while maintaining strong environmental protections.
  2.   Item 287 of Schedule 1 to the EPR Act relevantly amends Division 1 of Part 10 of the EPBC Act to insert new Subdivision D. New subdivision D (new section 146N) allows the Minister to exclude an action from the scope of a Part 10 approval if the action is part of a larger action that is not covered by the Part 10 approval. This allows the larger action to be referred and assessed under the ordinary provisions of Parts 7 to 9 as a single action.
  3.   Section 9 of the Transitional Rules is an application provision for new section 146N. It has the effect that, on and after the commencement day, the Minister will be able to exclude an action from the scope of a Part 10 approval whether that Part 10 approval was granted before, on or after the commencement day.
  4.   This clarifies that section 146N applies in relation to existing Part 10 approvals, as well as Part 10 approvals granted on or after the commencement day.

Section 10 – Schedule 1, item 591 – definition of approval

  1.   Item 591 of Schedule 1 to the EPR Act relevantly amends section 528 of the EPBC Act to insert a new definition of approval. The term approval is defined to refer to:
    •          in relation to an action – the approval of the taking of the action under subsection 133(1) (Part 9 approval) or the approval of a taking of an action under subsection 146B(1) in accordance with an endorsed policy, plan or program (Part 10 approval); and
    •          in relation to a class of actions – the approval of the taking of the class of actions under subsection 146B(1) in accordance with an endorsed policy, plan or program (Part 10 approval).
  2.   Section 10 of the Transitional Rules is an application provision for the new definition of approval inserted by item 591. It has the effect that this new definition applies in relation to an approval that was granted before, on or after the commencement day.

Section 11 – Schedule 1, item 613

  1.   Item 613 of Schedule 1 to the EPR Act amends section 528 of the EPBC Act to repeal paragraph (b) of the definition of holder and substitutes new paragraphs (b), (c) and (d). The purpose of this amendment was to clarify who is the holder of a Part 9 or 10 approval, or a marine park permission, under the EPBC Act. The effect is that holder is defined to mean:
    •          in the case of an approval under Part 9 – the person named in the approval under paragraph 133(2)(c) or, if the approval is transferred under section 145B, the person to whom the approval is transferred;
    •          in the case of an approval under Part 10 – the person named in the approval under paragraph 146B(2)(ba) or, if the approval is transferred under section 145B (as applied by section 146DD), the person to whom the approval is transferred;
    •          in the case of a marine park permission – the person who is the holder of the permission under regulations made under the Great Barrier Reef Marine Park Act 1975.
  2.   Section 11 of the Transitional Rules is an application provision for the amendment in item 613. It has the effect that the amendment to the definition of holder in section 528 of the EPBC Act applies in relation to an approval or permission, whether the approval or permission was granted before, on or after the commencement day.
  3.   This means that the amendment clarifies who is the holder of existing Part 9 and 10 approvals, and existing marine park permissions, as well as approvals and permissions granted on or after the commencement day.

Part 3 – National interest exemption

Section 12 – Schedule 1, item 292

  1.   Item 292 of Schedule 1 to the EPR Act relates to the national interest exemption in the EPBC Act.
  2.   Item 292 of Schedule 1 to the EPR Act amends the EPBC Act to repeal existing Division 3 of Part 11 and substitutes new sections 157H to 157V. New sections 157H to 157V have the effect of reforming the national interest exemption by:
    •          clarifying the scope of a national interest exemption and the grounds on which it can be granted;
    •          allowing the Minister to grant a national interest exemption on the Minister’s initiative;
    •          providing for conditions to be attached to a national interest exemption;
    •          providing for a national interest exemption to be varied, revoke or surrendered;
    •          allowing the Minister to request additional information necessary to inform the Minister’s decision whether to grant, vary, revoke or accept the surrender of, a national interest exemption.
  3.   Section 12 of the Transitional Rules is an application provision for the amendments in item 292. It has the effect that an application made under Division 3 of Part 11 of the EPBC Act before the commencement day, in relation to which the Minister has not made a decision before that day, is taken, on and after the commencement day, to be an application made under Division 3 of Part 11 of the EPBC Act as amended by item 292.
  4.   This means that existing applications for a national interest exemption that have not been finalised prior to the commencement date are taken, on and after the commencement day to have been made under the new national interest exemption provisions and are to be assessed and finalised under those new provisions.

Section 13 – Schedule 1, items 432 and 433

  1.   Items 432 and 433 of Schedule 1 to the EPR Act relate to the national interest exemptions in the EPBC Act.
  2.   Items 432 and 433 amend the EPBC Act to, respectively, insert new sections 302A to 302N and repeal existing section 303A. These amendments reform the Part 13 national interest exemption (Part 13 exemption) concerning listed threatened species and listed threatened ecological communities by:
    •          clarifying the scope of a Part 13 exemption and the grounds on which it can be granted;
    •          allowing the Minister to grant a Part 13 exemption on the Minister’s initiative;
    •          providing for conditions to be attached to a Part 13 exemption;
    •          providing for a Part 13 exemption to be varied, revoke or surrendered;
    •          allowing the Minister to request additional information necessary to inform the Minister’s decision whether to grant, vary, revoke or accept the surrender of, a Part 13 exemption.
  3.   Section 13 of the Transitional Rules is an application provision for the amendments in items 432 and 433. It has the effect that an application made under section 303A of the EPBC Act before the commencement day, in relation to which the Minister has not made a decision before that day, is taken, on and after the commencement day, to be an application made under section 302C of the EPBC Act, as inserted by item 432.
  4.   This means that existing applications for a Part 13 exemption that have not been finalised prior to the commencement date are taken, on and after the commencement day to have been made under the new Part 13 exemption provisions and are to be assessed and finalised under those new provisions.

Part 4 – Statutory committees

Section 14 – Schedule 1, item 557

  1.   Item 557 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act concerning statutory committees.
  2.   Section 505B of the EPBC Act sets out the functions of the Indigenous Advisory Committee (IAC). Specifically, item 556 of Schedule 1 to the EPBC Act expands the IAC’s functions to the following:
    •          advise the Minister on matters relating to the operation of the EPBC Act or an instrument made under the EPBC Act, the objects of the EPBC Act, the environment, and policy, plans or programs (however described) that are made, prepared, varied or endorsed under the EPBC Act;
    •          at the request of the CEO of the National Environmental Protection Agency – provide advice in relation to matters specified in the request relating to the CEO’s functions under the EPBC Act;
    •          at the request of the Director of National Parks – provide advice in relation to the matters specified in the request relating to the Director’s functions under the EPBC Act;
    •          provide any other advice or information required or permitted to be obtained from the IAC under the EPBC Act or the regulations;
    •          perform any other functions that are conferred on the IAC by the EPBC Act or the regulations.
  3.   These expanded functions better reflect the role the IAC is intended to have in relation to the EPBC Act and will ensure there is an opportunity for cultural knowledge to be better incorporated into EPBC decision-making.
  4.   Item 557 of Schedule 1 to the EPR Act relevantly amends section 505B to insert new subsections 505B(4) and (5) at the end of that provision. New subsections 505B(4) and (5) have the combined effect that the IAC must advise the Minister (and any other person to whom the relevant advice is to be provided) that it is unable to provide advice on a matter if the IAC is satisfied that it does not have the appropriate expertise to do so. In such cases, the IAC is not required to provide the advice.
  5.   Section 14 of the Transitional Rules is an application provision for the amendment in item 557. It has the effect that new subsections 505B(4) and (5) apply in relation to:
    •          a request for advice made on or after the commencement day; and
    •          in relation to a requirement or permission, whether the requirement or permission came into existence before, on or after the commencement day.
  6.   This means that these provisions do not apply in relation to existing requests for which advice has not yet been provided prior to the commencement day.

Section 15 – Schedule 1, item 563

  1.   Item 563 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act concerning statutory committees.
  2.   Section 505D of the EPBC Act sets out the functions of the IESC. Paragraph 505D(2)(b) has the effect that the IESC has the function of, at the request of the appropriate Minister of a declared State or Territory and with the written agreement of the Environment Minister, providing scientific advice to that State or Territory Minister in relation to matters specified in the request, if the IESC has sufficient expertise.
  3.   Item 563 of Schedule 1 to the EPR Act amends existing paragraph 505D(2)(b) of the EPBC Act to omit ‘if the Committee has sufficient expertise’. The purpose of this amendment, combined with the amendments made by item 564, is to move the requirements relating to the IESC not having sufficient expertise to new subsections 505D(5) and (6).
  4.   Section 15 of the Transitional Rule is an application for the amendment in item 563. It has the effect that the amendment applies in relation to a request made on or after the commencement day.
  5.   This means that this amendment does not apply in relation to existing requests for which advice has not yet been provided prior to the commencement day.

Section 16 – Schedule 1, item 564

  1.   Item 563 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act concerning statutory committees.
  2.   Section 505D of the EPBC Act sets out the functions of the IESC.
  3.   Item 564 of Schedule 1 to the EPR Act relevantly amends section 505D to insert new subsections 505D(5) and (6) at the end of that provision. New subsections 505D(5) and (6) have the combined effect that the IESC must advise the Minister (and any other person to whom the relevant advice is to be provided) that it is unable to provide advice on a matter if the IESC is satisfied that it does not have the appropriate expertise to do so. In such cases, the IESC is not required to provide the advice.
  4.   Section 16 of the Transitional Rules is an application provision for the amendment in item 564. It has the effect that new subsections 505D(5) and (6) apply in relation to:
    •          a request for advice made on or after the commencement day; and
    •          in relation to a requirement or permission, whether the requirement or permission came into existence before, on or after the commencement day.
  5.   This means that these provisions do not apply in relation to existing requests for which advice has not yet been provided prior to the commencement day.

Part 5 – Wildlife trade

Section 17 – Schedule 1, items 438, 441, 443, 444

  1.   Items 438, 441, 443 and 444 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act concerning wildlife trade.
  2.   Specifically:
    •          sections 303CF, 303DF and 303EM of the EPBC Act allow the Minister to request the applicant for a permit to give the Minister, within the time specified in the request, specified information relevant to the decision whether to grant the permit requested; and
    •          sections 303EH of the EPBC Act allows the Minister to request a person who has applied to the Minister for the list referred to in section 303EB (concerning imports of live specimens) to be amended to include another item.
  3.   Items 438, 441, 443 and 444 of Schedule 1 to the EPR Act amends, respectively, sections 303CF, 303DF, 303EH and 303EM of the EPBC Act to:
    •          allow the Minister, on request of the applicant, to agree in writing to extend the specified period for giving the information; and
    •          provide that the application is taken to have been withdrawn if the applicant has not given the Minister the requested information by the end of the specified period (including as extended, if relevant).
  4.   Section 17 of the Transitional Rules is an application provision for the amendments in items 438, 441, 443 and 444 of the EPR Act. It has the effect that the amendments to sections 303CF, 303DF, 303EH and 303EM of the EPBC Act made by these items apply, on and after the commencement day:
    •          whether the application concerned was made before, on or after the commencement day; and
    •          whether the request for further information concerned was made before, on or after the commencement day.
  5.   This means that existing requests for further information made, but not finalised, prior to the commencement day, will be subject to the amendments made by items 438, 441, 443 and 444 (as relevant).

Section 18 – Schedule 1, item 445

  1.   Item 445 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act concerning wildlife trade.
  2.   Section 303FN of the EPBC Act deals with approved wildlife trade operations. Subsection 303FN(1) provides that the export of a specimen is an export in accordance with an approved wildlife trade operation if the specimen is, or is derived from, a specimen that was taken in accordance with a wildlife trade operation declared by a declaration in force under subsection 303FN(2) to be an approved wildlife trade operation. Subsection 303FN(2) allows the Minister to, by instrument published in the Gazette, declare that a specified wildlife trade operation is an approved wildlife trade operation for the purposes of section 303FN.
  3.   Subsection 303FN(6) had the effect that a declaration made under subsection 303FN(2) (that a specified wildlife trade operation is an approved wildlife trade operation) ceases to be in force 3 years after the declaration take effect (unless a shorter period is specified in the declaration itself).
  4.   Item 445 of Schedule 1 to the EPR Act amends existing subsection 303FN(6) to extend the maximum period a declaration made under subsection 303FN(2) is in effect from 3 years to 5 years.
  5.   Section 18 of the Transitional Rules is an application provision for the amendment in item 445. It has the effect that the amendment in item 445 applies to a declaration made under subsection 303FN(2) of the principal Act on or after the commencement day.
  6.   This means that existing declarations made under subsection 303FN(2) are not able to be extended to be in effect for a period of 5 years.

Section 19 – Schedule 1, items 447 and 448

  1.   Items 447 and 448 of Schedule 1 to the EPR Act relates to the changes to the EPBC Act concerning wildlife trade.

 

  1.   Section 303GK of the EPBC Act relevantly requires a person to produce a CITES permit in certain circumstances. Similarly, section 303GL of the EPBC Act relevantly requires a person to produce a pre-CITES certificate in certain circumstances.
  2.   Items 447 and 448 of Schedule 1 to the EPR Act respectively amend sections 303GK and 303GL to clarify that nothing in those provisions prevents a person from producing (or causing to be produced) a permit or certificate, by means of an electronic communication.
  3.   Section 19 of the Transitional Rules is an application provision for the amendment in items 447 and 448. It has the effect that this amendment applies in relation to a CITES permit or pre-CITES certificate whether that permit or certificate was issued before, on or after the commencement day.
  4.   This clarifies that sections 303GK and 303GL do not prevent a person prevented from producing, by electronic means, a permit or certificate issued prior to the commencement day, as well as permits or certificates issued on or after commencement day.

 

 

 

 

 

 

 

 

 

 


ATTACHMENT B

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Environment Protection Reform (February Commencements) Transitional Rules 2026

 

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Environment Protection Reform Act 2025 (EPR Act) implements the core recommendations of the second independent review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), led by Professor Graeme Samuel AC and delivered to the Australian Government.

 

Item 715 of Schedule 1 to the EPR Act relevantly provides that the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provision) relating to the amendments or repeals made by a Schedule to the EPR Act, or the enactment of the EPR Act.

 

The Environment Protection Reform (February Commencements) Transitional Rules 2026 (the Transitional Rules) provide for outstanding transitional matters relating to the first tranche of the amendments made to the EPBC Act by the EPR Act (intended to commence 20 February 2026).

 

This consists of transitional rules relating to the amendments of the EPBC Act concerning strategic assessments, national interest exemption, statutory committees and wildlife trade.

Human rights implications

The Transitional Rules does not engage with any of the applicable rights or freedoms.  

Conclusion

The Transitional Rules is compatible with human rights as it does not raise any human rights issues.

 

Circulated by authority of the Minister for the Environment and Water,

Senator the Hon. Murray Watt

 

 

 

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.