Following legislative reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth)(EPBC Act) in late November 2025, the Environment Minister has the power to make legally binding National Environmental Standards (NES). NES are a central component of the Australian Government’s EPBC Act reforms and will set outcomes, objectives and parameters for decision-making in relation to EPBC Act assessments.
As part of the ongoing EPBC Act reforms, CME has provided feedback to Department of Climate Change, Energy, the Environment and Water (DCCEEW) on the draft National Environmental Standards for Matters of National Environmental Significance (MNES) and Environmental Offsets, released for consultation in early November 2025.
CME recommended significant amendments to both standards, as well as real-world testing during their ongoing development. As currently drafted, CME believes the standards are unworkable and risk inadvertently stalling resource sector projects in Western Australia.
In relation to the draft MNES Standard, CME called for better alignment with the reformed EPBC Act by embedding ecologically sustainable development and clearly distinguishing what individual projects are required to deliver as part of recovery and conservation efforts, versus landscape-scale outcomes. CME also highlighted further amendments are required to ensure a proportionate, principles-based framework operates to avoid duplication and recognises rehabilitation as “repair”.
As part of CME’s response to the draft Environmental Offsets Standard, CME recognised the opportunity for improved environmental outcomes and business efficiencies offered by advanced offsets and a restoration contribution models, but has called for greater development of those settings.
Significant changes to the Environmental Offset Standard are also required to support staged offset commencement and payments, realistic maintenance periods and an express recognition of progressive rehabilitation.
In addition to realistic treatment of ecological uncertainty and recovery trajectories for species and habitat found in WA, CME also called for stronger State and Commonwealth alignment so accredited State-based offset contribution schemes (such as the Pilbara Environmental Offsets Fund), can operate as substitutes to a Commonwealth restoration fund and avoid duplicative processes.
In addition to a further public consultation period on both the draft MNES and Environmental Offsets NES, Environment Minister Minister Murray Watt has identified the development of further NES, including First Nations Engagement, Community Consultation and Environmental Data, will occur over the first half of 2026. The operation of all NES will play a critical role in determining how and when WA’s state accreditation of EPBC Act assessments will operate.
CME would like to thank members of the CME Approvals Working Group who supported the development of CME submissions in response to the draft MNES and Environmental Offsets Standards.
Members can contact David Copland (d.copland@cmewa.com) or Isaac George (i.george@cmewa.com) for further information.