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The way the Act is administered has not kept pace with the rapid transformation in how government, businesses and people interact with technology. Departmental systems do not link with state and territory systems, and there is no single user portal.

A national ‘supply chain’ of information is proposed, delivered in a strategic and coordinated way via a comprehensive roadmap. A clear custodian for the national environmental information supply chain should be responsible for overseeing the central repository (or connected repositories) of information, providing advice on standards, and coordinating national level capability for predictive modelling.

There is no effective framework to support a comprehensive, data-based evaluation of the EPBC Act, its effectiveness in achieving intended outcomes and the efficiency of implementation activities. A coherent framework to monitor and evaluate the effectiveness of the EPBC Act is needed, along with a revamp of national State of the Environment reporting and accelerated delivery of national environmental economic accounts.

There is no effective framework to support a comprehensive, data-based evaluation of the EPBC Act, its effectiveness in achieving intended outcomes, and the efficiency of implementation activities. The Act includes some requirements for monitoring and reporting. These are not comprehensive, and follow-through is poor.

The Commonwealth has an overarching responsibility to monitor and report on the national environment. There is no cohesive mechanism that brings the various efforts together to present a picture of the performance of our national system of environmental management. The national State of the Environment (SoE) report seeks to ‘tell the national story’ but lacks a clear purpose and intent.

A coherent framework to monitor and evaluate the effectiveness of the EPBC Act is proposed, along with a revamp of national State of the Environment reporting and accelerated delivery of the national environmental economic accounts.

To deliver ecologically sustainable development, the EPBC Act must encourage restoration. Environmental offsets are poorly designed and implemented, delivering an overall net loss for the environment. Offsets need to include a focus on restoration and should be enshrined in the law. Other policy mechanisms to accelerate environmental restoration should be explored, including leveraging the carbon and biodiversity markets and co-investing with the philanthropic and private sectors.

The current settings of the EPBC Act do not support effective or efficient restoration. The Act does not require all reasonable options to avoid or mitigate impacts on the environment be exhausted before considering offsets. Offsets do not offset the impact of development, and overall there is a net loss of habitat.

Given the state of decline of Australia's environment, restoration is required to enable future development to be sustainable. The proposed reforms require available habitat to grow to be able to support both development and a healthy environment.

The carbon market, which already delivers restoration, could be better leveraged to deliver improved biodiversity outcomes.

Monitoring, compliance, enforcement and assurance under the EPBC Act is ineffective. Serious enforcement actions are rarely used, indicating a limited regard for the benefits of using the full force of the law where it is warranted. An independent compliance and enforcement regulator, not subject to actual or implied political direction from the Commonwealth Minister, should be established. It should be properly resourced and have available to it a full toolkit of powers.

The current collaborative approach to monitoring, compliance, enforcement and assurance is too weak and there is limited transparency. Serious enforcement actions are rarely used. When they are issued, penalties are not commensurate with the harm of damaging a public good of national interest. This erodes public trust in the ability of the law to deliver environmental outcomes.

The complexity of the legislation makes voluntary compliance and the pursuit of enforcement action difficult. The monitoring, compliance, enforcement and assurance powers are outdated and restrictive.

Monitoring, compliance, enforcement and assurance activities are under-resourced. These functions are not supported by cost recovery arrangements.

A strong, independent cop on the beat is required. An independent compliance and enforcement regulator, that is not subject to actual or implied political direction from the Commonwealth Minister, should be established. It should be properly resourced and have available to it a full toolkit of powers.

Australia’s natural environment and iconic places are in an overall state of decline and are under increasing threat. The current environmental trajectory is unsustainable.

Management of Australia’s environment is a shared responsibility that must recognise the respective roles of the Commonwealth and states and territories. All jurisdictions need to work effectively together and in partnership with the community.

The EPBC Act lacks clear outcomes for matters of national environmental significance (MNES) and does not effectively apply or achieve ecologically sustainable development (ESD). Decision-making is transactional, cumulative impacts are not systematically considered, and strategic, national-level opportunities are either poorly implemented or missed. Addressing the challenge of adapting to climate change is an implied, rather than a central consideration.

More needs to be done to protect and restore the environment and focus Commonwealth responsibilities on core matters of national environmental significance (MNES). New MNES are not proposed. Climate impacts to MNES should be considered, but the EPBC Act should not duplicate other climate frameworks. The reform directions proposed include a renewed focus on ecologically sustainable development (ESD), along with National Environmental Standards, and planning at the national and regional (landscape) scale to allow the Commonwealth to step-up its focus to achieve nationally important environmental outcomes.

The EPBC Act is duplicative, inefficient and costly for the environment, business and the community. The interaction between Commonwealth and state and territory laws and regulations leads to duplication, despite efforts to streamline. The proposed legally enforceable National Environmental Standards provide a clear pathway for greater devolution. Transparent accreditation of other regulators and strong assurance are essential to provide community confidence in devolved arrangements.