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Efforts to harmonise and streamline with the states and territories have not gone far enough. Duplication with state and territory regulation remains. Approval bilateral agreements have never been implemented. The water trigger and IESC are proposed to be retained but modified. The Commonwealth’s role in nuclear actions is proposed to be retained but streamlined.

Pursuing greater devolution does not mean that the Commonwealth 'gets out of the business' of environmental protection and biodiversity conservation. A devolution model is proposed, based on National Environmental Standards and national and regional plans, to provide confidence and assurance that devolution will not compromise the national interest.

The EPBC Act is ineffective and reform is long overdue. The proposed reforms are substantial, but the changes are necessary to set Australia on a path of ecologically sustainable development. A phased approach to reform is proposed with continual improvement.

The initial phase of reform is proposed to fix long-known issues with the EPBC Act within its current construct and set the base for key reform foundations that can be built on and improved over time.

Phase 3 is proposed to build on earlier phases, with focus on delivering the more complex legislative reform that will take time to develop and implement. A focus would be on comprehensive redrafting of the Act to simplify, clarify and strengthen the law.

Phase 2 is proposed to commence early, to start the conversation on complex policy reforms and to deliver those elements of reform required to support continuous improvement in the way the Act operates.

Media statement: Professor Graeme Samuel AC releases Interim Report

There is an opportunity to better leverage private interest in investing in the environment as well as drive down the cost of restoration. Mechanisms such as trusts and biodiversity markets are being considered to increase the restoration.

Professor Graeme Samuel AC introduces the Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Commonwealth-led assessments and approvals are complex and inefficient and could be further streamlined. The regulation of international wildlife trade is inflexible, burdensome, and exceed international obligations. The interactions with other Commonwealth environmental management laws, including those regulating fisheries, forestry, offshore petroleum and nuclear safety, are often more onerous than they need to be.

The Commonwealth should retain its capability to assess and approve projects and intervene where other regulators fall short. The reform directions proposed include clarifying requirements through National Environmental Standards and national and regional plans, rationalising assessment pathways, and improving data, information and regulatory systems.

Figure 1 Percentage of projects assessed under bilateral and accredited processes for all states and territories, 1 July 2014 to 30 June 2019. Source: Unpublished data, Department of Agriculture, Water and the Environment

Appendix 1 to the Interim Report provides a prototype National Environmental Standard for matters of national environmental significance (MNES). The prototype is based on policies, commitments and requirements of Commonwealth law. The prototype is a starting point to stimulate discussion.

Appendix 1 - Prototype National Environmental Standard for matters of national environmental significance (MNES). This section provides a prototype overarching standard for all MNES. This should be read in conjunction with the matter-specific standards and existing requirements of the EPBC Act.

Appendix 1 - Prototype National Environmental Standard for matters of national environmental significance (MNES). This section provides a prototype standard for World and National Heritage. This should be read in conjunction with the matter-specific standards and existing requirements of the EPBC Act.

Appendix 1 - Prototype National Environmental Standard for matters of national environmental significance (MNES). This section provides a prototype standard for Wetlands of International Importance (Ramsar wetlands). This should be read in conjunction with the overarching standards for MNES and the existing requirements of the EPBC Act.

Appendix 1 - Prototype National Environmental Standard for matters of national environmental significance (MNES). This should be read in conjunction with the overarching standards for MNES and the existing requirements of the EPBC Act.

Appendix 1 - Prototype National Environmental Standard for matters of national environmental significance (MNES). This section provides a prototype standard for Migratory Species. This should be read in conjunction with the overarching standards for MNES and the existing requirements of the EPBC Act.

Appendix 1 - Prototype National Environmental Standard for matters of national environmental significance (MNES). This section provides a prototype standard for the Commonwealth Marine Environment. This should be read in conjunction with the matter-specific standards and existing requirements of the EPBC Act.

Appendix 1 - Prototype National Environmental Standard for matters of national environmental significance (MNES). This section provides a prototype standard for the Great Barrier Reef Marine Park. This should be read in conjunction with the overarching standards for MNES and the existing requirements of the EPBC Act.