Environment and Sustainable Development 5 Minute Fix 53: Environmental and planning law reforms, industrial chemicals and renewable energy infrastructure

Environmental protection

Cth: Overhaul of the Environment Protection and Biodiversity Conservation Act

The Commonwealth Government is overhauling the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), having introduced 6 bills, including the Environment Protection Reform Bill 2025 and National Environmental Protection Agency Bill 2025.  

These reforms, the most significant amendments to the EPBC Act to date, address shortcomings identified in the 2020 Samuel Review regarding environmental, business, and community protections.

The bill package has been referred to the Senate Environment and Communications Legislation Committee and is open to public consultation until 5 December 2025. While the Committee is scheduled to report on its inquiry in March 2026, the Commonwealth Government is seeking to pass the legislation urgently and this is expected to occur this week during Parliament's last sitting week for 2025.

ACT: IChEMS to commence in ACT from 11 March 2026

On 11 March 2026, the Environment Protection (Industrial Chemicals) Amendment Regulation 2025 (No 1) (Amendment Regulation) will take effect and introduce into part 5A of the Environment Protection Regulation 2005 (EP Regulation):

• the Industrial Chemicals Environmental Management Standard (IChEMS); and

• The IChEMS Register.

IChEMS is a national framework to prevent and minimise environmental harm from industrial chemicals. The IChEMS Register categorises industrial chemicals into seven schedules based on their environmental risk and outlines prohibitions, exemptions, and risk management measures for each chemical. Standards can be set which are referred to as scheduling decisions.

The Amendment Regulation requires compliance with specific scheduling decisions and creates new offences (with exceptions) for engaging in conduct that contravenes:

• those IChEMS scheduling decisions, other than the IChEMS Minimum Standards; and

• IChEMS Minimum Standards being baseline requirements for the environmental management of industrial chemicals.

The amendment will also expressly outline that chemicals listed in schedules 6 and 7 of the IChEMS Register are deemed to cause environmental harm if they enter the environment and are not manufactured or used in compliance with IChEMS scheduling decisions. Causing environmental harm is an offence under Environment Protection Act 1997. Accordingly, non-compliance with scheduling decisions for these higher risk chemicals can have further legal consequences under the Act.

Part 5A of the EP Regulation will impact entities who engage in the industrial manufacture and use of scheduled industrial chemicals, or articles or products containing an industrial chemical. These entities should have regard to the IChEMS scheduling decisions when dealing with industrial chemicals and ensure that all applicable IChEMS Minimum Standards are being met to avoid non-compliance with the above provisions.

Planning  

NSW: Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 passed with key changes

The Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025, passed both Houses of the NSW Parliament on 11 November 2025 and will commence on a date appointed by proclamation.

The final bill was subject to some material last-minute refinements including:

• a sharper set of statutory objects;

• the Housing Delivery Authority will advise on residential zoning and State-significant housing, with a public statement required where the Minister rejects its advice;

• the Development Coordination Authority will step into the shoes of original approval bodies;

• the targeted assessment pathway is now subject to public consultation before a SEPP can confer the fast-track status, and consent authorities’ considerations are expressly confined to planning instrument compliance and submissions and not wider merit grounds;

• minor section 4.55(1) modifications must be approved within 14 days (or they cannot be refused); and

• standard and model consent conditions apply, giving applicants a week to comment.

The refinements reinforce the Bill’s twin aims of accelerating housing supply and streamlining approvals, but with clearer accountability, heritage protection and community input. We will continue to monitor these themes as the reforms move to implementation.

VIC: Planning Bill to rationalise planning pathways&

The Victorian Government has introduced the Planning Amendment (Better Decisions Made Faster) Bill 2025 which, if passed, would result in the largest overhaul of Victoria's planning laws in decades. The Bill proposes to modernise the Planning and Environment Act 1987 (Vic) (PE Act) by introducing three approval pathways for planning permits and planning scheme amendments (PSAs) tailored to the complexity, risk and potential impacts of the projects.

The Bill introduces three assessment streams for planning permit applications:

• Type 1: Automatic approval for stand-alone homes, duplexes and minor subdivisions if no decision is made within 10 business days.

• Type 2: 30 business day assessment required for townhouses and low-rise developments.

• Type 3: 60 day assessment period for larger apartment buildings, with public notice and authority referrals required.

For PSAs, the Bill proposes three assessment pathways:

• Low impact PSAs: The Planning Authority must consult with specific stakeholders, but regular exhibition, notice and consultation processes is not required under the PE Act. The Minister has the option to refer the PSA to a panel.

• Moderate impact PSAs: Subject to regular exhibition, notice and consultation processes under the PE Act. The Minister has the option to refer the PSA to a panel.

• High impact PSAs: Subject to regular exhibition, notice and consultation processes under the PE Act. The Minister has the option to refer the PSA to a panel but a public hearing is not necessary.

The reforms aim to streamline Victoria’s statutory planning framework, facilitating faster approvals and creating over $900 million in annual economic value. If passed, the Bill will play a key role in supporting housing and infrastructure development across the state.

Energy

TAS: Tasmania's North West Transmission Development on the path to construction

TasNetworks is advancing the North West Transmission Development (NWTD) to meet Tasmania's energy needs and greenhouse gas reduction goals. Set for completion in 2029, the NWTD is a two stage project that upgrades the Tasmanian grid using HVAC overhead transmission lines, increasing capacity to supply low-cost, reliable and renewable energy to a widespread base.

The NWTD infrastructure will also ultimately support energy transport between Tasmania and Victoria. The NWTD is a component of Project Marinus and will provide a 240km transmission corridor through Hampshire Hills, Heybridge, and Palmerston which will connect with the Marinus Link, a 1500MW undersea electricity and data interconnector between Tasmania and Victoria.

The NWTD permit application is under assessment by the Tasmanian Planning Commission and open for public feedback. Construction commencement is subject to TasNetworks finalising easement agreements with 270 affected landowners for overhead transmission lines. There is a December 1 deadline for signing Access Licenses and Easement Option Agreements to receive initial compensation. Once easements are registered, the project will progress towards an anticipated 2026 construction start date.

WA: Western Australia's South West Interconnected System – reaching new renewable heights

Earlier this month, WA's South West Interconnected System (SWIS), the State’s main electricity grid servicing 1.2 million people from Kalbarri to Albany and Kalgoorlie, reached a record renewable energy contribution of 88.97% at 11:00am on 3 November.

With State-owned coal generators set to retire by 2029 and growing demand for green hydrogen, WA must invest heavily in renewable energy production and infrastructure. AEMO has warned that without proper preparation, the SWIS could face widespread outages as it transitions from coal.

In September, the WA Government released the SWIS Transmission System Plan, aligned with its net zero by 2050 target. The plan outlines three phases: connecting new generation capacity as coal is retired, delivering infrastructure to support renewable energy for households and businesses, and expanding Western Power’s network to support economic growth and green energy industries.

The State Government is currently engaging with industry and community stakeholders to implement Phase One of the plan, which aims to ensure the security, reliability, and affordability of energy as WA transitions to a renewable future.

Special thanks to Lauren Smith (Sydney), Sophie Robson (Sydney), Charlotte Baddeley (Brisbane), Evie Belcher (Melbourne), Smrithi Vaithilingam (Sydney), Isaiah Mckenna (Perth) and Adriana Gough (Perth).