Queensland Productivity Commission puts EPBC Act reforms under the microscope
After inquiring into the declining productivity in the construction industry and making a number of recommendations aimed at land use regulation and planning reforms, building regulations and workplace health and safety regulations, the Queensland Productivity Commission (QPC) will now turn its focus to the suite of federal environmental protection reforms passed in 2025.
The Queensland Government has directed the QPC to undertake a public inquiry into the recent reforms to the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) and the resulting impact on Queensland industries and businesses. An interim report will be released for public consultation later this year, with the final report to the Government to be delivered by 13 April 2027 (12 months from the date of the direction).
Summary of EPBC Act reforms
The key elements of the 2025 EPBC Act reforms include:
environmental offsets – offsets are intended to be used only after all reasonable measures to avoid, mitigate and repair environmental impacts have been exhausted (where possible and feasible). In some circumstances, proponents may be required to make restoration contributions to support environmental outcomes
national environmental standards – the introduction of legally enforceable standards to guide environmental decision-making and provide a consistent framework for assessing projects under the EPBC Act
National Environmental Protection Agency (NEPA) – the establishment of an independent regulator responsible for compliance, enforcement and oversight functions on 1 July 2026
bilateral agreements – reforms to Commonwealth-State approval arrangements to ensure that accredited assessment and approval processes operate consistently with the National Environmental Standards
enhanced compliance and enforcement powers – increased penalties for serious breaches, expanded investigative and audit powers, and the introduction of new environment protection orders
changes to assessment and approval pathways – consolidation of three existing assessment pathways into a single streamlined assessment framework, together with the introduction of expedited pathways for eligible projects and other measures designed to improve the efficiency and certainty of environmental decision-making
regional (bioregional) planning – the introduction of bioregional plans to identify areas suitable for development and conservation, with the aim of improving strategic environmental decision-making and streamlining approvals for compliant projects
Environment Information Australia (EIA) – the establishment of an independent body responsible for collecting, managing and reporting environmental data, including the publication of State of Environment reports on a two-year basis.National Environmental Protection Agency (NEPA) – the establishment of an independent regulator responsible for compliance, enforcement and oversight functions on 1 July 2026
bilateral agreements – reforms to Commonwealth-State approval arrangements to ensure that accredited assessment and approval processes operate consistently with the National Environmental Standards
enhanced compliance and enforcement powers – increased penalties for serious breaches, expanded investigative and audit powers, and the introduction of new environment protection orders
changes to assessment and approval pathways – consolidation of three existing assessment pathways into a single streamlined assessment framework, together with the introduction of expedited pathways for eligible projects and other measures designed to improve the efficiency and certainty of environmental decision-making
regional (bioregional) planning – the introduction of bioregional plans to identify areas suitable for development and conservation, with the aim of improving strategic environmental decision-making and streamlining approvals for compliant projects
Environment Information Australia (EIA) – the establishment of an independent body responsible for collecting, managing and reporting environmental data, including the publication of State of Environment reports on a two-year basis.
The focus of the QPC Inquiry
As set out in the Terms of Reference, the Government has noted that “regulation across all levels of government serves its intended purpose and not act as a handbrake on vital projects that support growth and economic security.”
For this reason, the Government has asked the QPC to focus on any changes to regulatory burdens, economic impacts, implementation risks and operational arrangements resulting from the EPBC Act reforms, including consideration of the following as extracted from the Terms of Reference:
Regulatory burden and compliance impacts
Economic and productivity impacts
Land and risk management implications
Intergovernmental and administrative arrangements
Options and recommendations
Key inquiry and reporting dates
How the industry can make a submission
The QPC is now inviting stakeholders to make a submission to the inquiry and assist the Commission in developing the findings and recommendations. Submissions are expected to help the QPC outline the scope of the inquiry and identify any matters for which QPC should seek information and feedback.
The inquiry presents an important opportunity for businesses, landholders, industry groups, local governments and stakeholders to identify potential impacts on operations, projects or landholdings, including increased regulatory requirements, approval timeframes, compliance costs and investment decisions. Those considering making a submission should provide practical examples and evidence to help inform the QPC’s recommendations.
Stakeholders can make an initial submission via the online portal until 13 July 2026, or via email or post. A further opportunity for submissions will be available once the interim report is released later this year.
Authored by Wendy Evans, Nicole Besgrove & Alysha Misura of Holding Redlich.
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Wendy is a specialist Planning and Environment partner in our Brisbane Property, Planning and Development Team.
She has been working in the Queensland development industry since 1999. Prior to her admission as a solicitor, Wendy practiced as a qualified town planner and expert Court witness, bringing valuable and unrivalled interdisciplinary insight to her legal work.
For her contribution to town planning in Australia, she is a Fellow member of the Planning Institute of Australia (PIA), currently serving as the Queensland Board Director and National Vice President of the Institute.
Nicole is a highly experienced planning and environment law specialist with over 18 years of expertise advising on complex regulatory frameworks across Queensland and the Northern Territory.
She possesses deep knowledge of planning, environmental, and cultural heritage legislation, developed through advising on a broad range of major development, mining, renewable energy, and infrastructure projects.
Nicole has extensive experience supporting both public and private sector clients including private developers, local and State governments, government- owned corporations, and mining and energy companies on matters involving complex planning approvals, environmental approvals under State and Commonwealth legislation, environmental compliance and enforcement, contamination, incident response, due diligence review and reporting, infrastructure charges and agreements, native vegetation, and cultural heritage.
Her practice also includes advising on environmental assessment and compliance obligations in the Northern Territory, providing strategic legal guidance tailored to jurisdictional requirements.
Alysha Misura