Fixing Australia’s nature protection laws: Why National Environmental Standards must have clear rules
Image: Eric J Woehler
Australia has reformed its national environmental law, the Environment Protection and Biodiversity Conservation Act 1999 following amendments passed late last year (28 Nov 2025).
The Australian Government is now in the phase of designing the supporting regulations and policies which guide how decisions will be made. Getting these right will make all the difference to how effectively we protect the environment.
To date, the Act has failed to protect the environment, so it is important that we learn and improve from past approaches. Since it was enacted, the abundance of threatened species has declined by 4% each year on average, and just last year, the Australian Government approved the destruction of 56,000 hectares of endangered species habitat.
The reformed Act gives the Minister the power to make National Environmental Standards. The Australian Government released draft example standards for Matters of National Environmental Significance (MNES) and Environmental Offsets with the legislation last year. The Biodiversity Council has commented on these and was subsequently invited to give evidence at a Senate committee inquiry on 27 February.
Final drafts of these two National Environmental Standards are expected to be released for public comment in April. It will be important that people who care for the environment speak up and comment on those standards. The Biodiversity Council will release an analysis to support community members who wish to make a submission.
This reform process represents a once-in-a-generation opportunity to fix a system that has demonstrably failed to halt biodiversity decline.
Watch Biodiversity Council Lead Councillor Professor Brendan Wintle from the University of Melbourne and Biodiversity Council Policy and Innovation Lead Lis Ashby present evidence for the council. Biodiversity Council member Professor Martine Maron, from the University of Queensland, also gave evidence on behalf of the Wentworth Group of Concerned Scientists.
Verdict on the example standards
Our submissions and evidence emphasised that as currently drafted, the standards for Matters of National Environmental Significance (MNES) and Environmental Offsets fall well short of what is needed to deliver real protection.
A key problem is that, rather than much-needed clear rules, the standards are full of vague, non-binding language, creating uncertainty for government staff assessing development proposals and allowing excessive ministerial discretion, which makes decisions prone to political interference.
For MNES, we argue that the standards must include clear, science-based limits on habitat destruction and degradation. Without these limits, threatened species and ecosystems will continue to decline.
For Environmental Offsets, we caution that evidence shows that offsets frequently fail to deliver equivalent ecological outcomes, with promised restoration often delayed, uncertain, or ineffective. Unless tightly constrained, offsets can become a mechanism that legitimises environmental damage rather than preventing it. Strong rules are needed, including like-for-like requirements, upfront delivery of offsets, and robust monitoring and compliance.
Strong standards, which are legally binding, precise, and grounded in ecological reality, are essential if Australia is to halt biodiversity decline and deliver on its commitment to protect nature.
