Environment and Sustainable Development 5 Minute Fix 55: PFAS controls, renewable energy, koalas, and critical ecological listings

Environmental protection

NSW: EPA proposes PFAS controls

The NSW Environment Protection Authority (EPA) has progressed consultation on its proposed PFAS Monitoring Chemical Control Order (CCO), aimed at strengthening oversight of per and poly fluoroalkyl substances (PFAS) at high-risk facilities, including certain landfills and sewage treatment plants.

The proposed CCO would introduce standardised monitoring, reporting and record-keeping requirements to improve PFAS monitoring in leachate, effluent, groundwater and surrounding environments. The objective of the CCO is to support source control, improve data consistency and enhance environmental protection, reflecting increasing regulatory focus on contaminants of emerging concern.

Consultation on the draft CCO closed on 10 February 2026, and the EPA is now reviewing submissions received. Feedback will inform the final CCO, with a summary of outcomes and next steps to be published when the final instrument is released.

Although the consultation period has concluded, councils, utilities and private operators should not delay preparatory work. Organisations should assess whether their facilities are likely to fall within potential PFAS pathways to land and water, review trade waste and procurement settings, and consider the implications for leachate management and environmental reporting. PFAS risk allocation in contracts and transactions may also warrant closer scrutiny.

The proposed order signals sustained regulatory scrutiny and heightened community expectations around transparency with PFAS. Early planning will assist organisations to manage compliance, cost and reputational risk once the final CCO is finalised.

Energy

Vic: Victoria making headwinds in renewable energy

Victorian households and businesses may soon have cheaper and more reliable power with the State Government committing to Australia's first offshore wind industry.

The Victorian Government has announced a Request for Tender for Victoria's first offshore wind auction which is scheduled for August 2026. The competitive bidding process will be for an offshore wind farm which will produce an initial two gigawatts (GW) of energy generating capacity. In May 2024, the State legislated targets for reaching two GW of offshore wind energy generation capacity by 2032, and four GW by 2035. The Government expects two gigawatts will generate enough electricity to power approximately 1.5 million homes.

According to the Victorian Government, offshore wind will play a critical part in assisting Victoria to reach its commitment to net zero emissions by 2045 and will support the State's transition away from aging coal-fired power stations to modern clean energy. Renewable energy contributed to 42.4% of the State's electricity in 2025.

Interested bidders should begin planning now to be ready for the August 2026 auction.

Sustainable development

Qld: SEQ koala crackdown to tighten clearing exemptions under new 10‑year strategy

The Department of the Environment, Tourism, Science and Innovation (DETSI) is seeking feedback on its discussion paper "Developing a new SEQ Koala Conservation Strategy 2026-2036". The intent behind this new Strategy is to set new targets to deliver koala conservation outcomes within South East Queensland (SEQ). Expected urban sprawl and infrastructure development in SEQ is increasing pressure on koala habitats. The koala habitat regulation framework applies to private sector development within the SEQ region, including exemptions for reasonable and low risk clearing which facilitates housing and infrastructure delivery.

The new Strategy proposes a 10‑year timeframe. The previous SEQ Koala Strategy ran for five years and was deemed insufficient to realise results, particularly in relation to habitat restoration. 

A review under the 2024 Decision Post-implementation impact Analysis Statement (2024 IAS) considered koala protection though the Planning Regulation 2017. The 2024 IAS proposed amendments to the Planning Regulation, now under initial consultation.

The new Strategy outlines broad amendments including;

• limiting the ability to combine multiple exemptions to achieve larger land clearing;

• clarification that assessable developments for material change of use and reconfiguration of a lot application must consider consequential clearing;

• better consistency for using exemptions across all vegetation categories and partial exemptions; and

• refined total impact exemption thresholds regarding clearing. 

Consultation on the new Strategy and proposed amendments to the Planning Regulation close on 15 March 2026. While specific details are not yet available and the provisions to be amended have not been disclosed, developers operating in SEQ should consider the 2024 IAS and how the potential amendments may affect their projects and operations.

Planning

WA: Draft Renewable Energy Code for WA announced

Western Australia's Draft Renewable Energy Planning Code is now open for public consultation. Created under Part 3A of the Planning and Development Act 2005, the Code presents new standards, requirements and objectives for the design, construction, and usage of renewable energy infrastructure.

At its core, the Code strives to propel sustainable energy infrastructure in WA while minimising conflict and adverse impact to environment and social surrounds. The Code would apply to the assessment of development applications for transmission systems, solar farms, and battery energy storage systems.

Presently, development applications are subject to the consultation requirements listed in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. Once the Code is in effect, applications will also be required to include thorough stakeholder engagement feedback, confirmation of servicing availability and details of the transmission line routes connecting the infrastructure to an energy facility. Pursuant to the Code's mitigation hierarchy, successful applications must also avoid adverse impacts entirely, limit the degree of adverse impacts or deliver environmental rectification efforts for any affected sites.

As wind farms are the initial focus of the Code, rigorous objectives are listed for dealing with matters such as safety, noise, landscape, transport, aviation, construction, and facility decommissioning.

Alongside these objectives are a suite of extensive documentation requirements for wind farm applications, meaning supplementary site plans, specific wind turbine specifications and a range of impact and management plans will need to be provided in conjunction with the present requirements of the Regulations.

The public consultation period for the Draft Code and its accompanying Guidelines will conclude in April 2026.

Climate change

SA: River Murray and associated wetlands listed as "critically endangered"

The Commonwealth Minister for the Environment and Water, Murray Watt, has recently accepted a recommendation from the Threatened Species Scientific Committee (TTSC) to list the "River Murray downstream of the Darling River, and associated aquatic and floodplain systems" as a "critically endangered" ecological community under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The TTSC, made the determination on the basis that impacts from multiple threats have led to widespread declines of many functionally important species and a very severe reduction in ecological community integrity.

"The River Murray and associated wetlands, floodplains and groundwater systems, from the junction with the Darling River to the sea ecological community" was previously listed as critically endangered in late 2013. A review commissioned by the Abbott Government resulted in the listing being overturned.

Under the EPBC Act, a person can be liable for significant civil penalties and be guilty of a criminal offence if they take an action which results, will or will likely result in a significant impact on a listed threatened ecological community in the critically endangered category. Developers who wish to commence a project in an area subject to a listing must refer their "action" to the Minister to determine whether it is a "controlled action". If it is deemed a controlled action, the development must secure an approval under the EPBC Act.

Proponents of projects in the vicinity of the River Murray should carefully consider whether this listing applies to the area in which their project is located noting that failure to do so exposes them to material legal risk.

It should be noted that this listing does not impact projects which have been subject to referral decisions under the EPBC Act.

Special thanks to Luke Salamone (Sydney), Smrithi Vaithilingam (Sydney), Evie Belcher (Melbourne), Adam Butler (Brisbane), Isaiah McKenna (Perth), and Ben Edwards (Adelaide).