The Federal Government has claimed that recent environmental reforms will not halt day-to-day agricultural practices despite lopping long-relied upon land clearing exemptions. The agricultural industry is for that reason concerned that landholders are being made the sacrificial lamb as they face higher penalties for breaches of the law.
Land clearing exemptions removed
On 1 December 2025, the Federal Government introduced changes to the land clearing rules under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Among the changes is the removal of the “continuous use” exemption for clearing land:
- located within 50 metres of a watercourse, wetland or drainage line in a catchment area of the Great Barrier Reef Marine Park; and
- that has not been cleared for 15 years.
The changes have increased the regulatory burden on landholders, requiring them to consider whether approval under the EPBC Act is required before undertaking such clearing work. Landholders are required to self-assess the proposed clearing work to determine if it is likely to have a “significant impact” on a “Matter of National Environmental Significance”. Unless the landholder can adopt land management practices that will avoid a significant impact, then the proposed clearing work will need to be referred for an EPBC Act assessment.
From 1 July 2026, the new National Environmental Protection Agency (NEPA) also has the power to issue compliance orders where significant damage is occurring or at risk of occurring. Agricultural land clearing is one of NEPA’s core enforcement focus areas.
Why should we be concerned?
Landholders are being asked to conduct detailed, time-consuming self-assessments prior to clearing based on the broad concept of “significant impacts” using mapping that is often outdated or not suited for application in agricultural settings. Although NEPA has recently published a guide to assist landholders in applying the EPBC Act to their routine farming and grazing activities (some 8 months after the new laws commenced) many landholders remain uncertain of their obligations and daunted by the administrative burden.
The full extent of the application of these changes is yet to be seen as the Department of Climate Change, Energy and Environment and Water finalises the National Environmental Standards which are intended to provide guidance on how to meet the requirements of the EPBC Act.
While there remains uncertainty around the application of the reforms, landholders should continue to document each resource used and the evidence gathered as part of their self-assessment. Because land clearing is governed by overlapping laws at both a State and Federal level – for example, while the clearing of Category X land under the Vegetation Management Act might be exempt from approval in Queensland, it is not automatically exempt under the EPBC Act.
If you have questions about how these reforms affect your property or operations, contact the Thynne + Macartney Agriculture team.
This information is intended to provide a general summary only and should not be relied on as a substitute for legal advice.
About the Author
Bridie Shooter
Lawyer
Ph: +613231 8855
Email: bshooter@thymac.com.au
