Submissions to the National Environmental Standards

The Wentworth Group welcomes the opportunity to comment on the proposed National Environmental Standards (Matters of National Environmental Significance) 2026.

We support the intent of the Standards as articulated in the Samuel Review, reaffirmed by Minister Watt, and reflected in section 514YD of the EPBC Act: to provide clear, enforceable guardrails that improve environmental outcomes while delivering greater consistency and certainty in decision-making.


Draft National Environmental Standards: Submission to Public Consultation (January 2026)

The draft National Environmental Standards for Matters of National Environmental Significance (MNES) and Environmental Offsets (Offsets) include several elements that would contribute to improved biodiversity outcomes in our view, including the definition of repairable impacts (MNES Standard), the inclusion of measurable improvement for offsets (Offset Standard), and the use of ecologically relevant areas for offset delivery (Offset Standard).
However, as drafted, the content of the proposed Standards do not yet meet the legislative requirements of Section 514YD nor the role envisaged by the Samuel Review and the Minister. In particular:

• Discretion and limited outcome-based obligations mean the Standards are not sufficiently enforceable and do not set clear, measurable limits on environmental harm.
• No clear requirement for no net loss or net gain, with “fully compensate” and “net gain” undefined and unsupported by clear accountability or assessment cumulative impacts. As drafted, the Standards do not bind decision-makers to halt or reverse the decline of MNES.
• First Nations interests and cultural values are not embedded across the Standards, relying instead on a future standard, rather than ensuring genuine partnership within objectives, outcomes and principles across all Standards.
• No explicit, ongoing reporting obligations to measure outcomes, ensure accountability, or enable adaptive management and active recovery of MNES.

Draft NES for Matters of National Environmental Significance: Submission to Public Consultation (May 2026)

While the revised draft released on 30 April 2026 contains several improvements that increase clarity, we remain concerned that it does not yet fulfil this intended role. In our view, the Standards are still unlikely to either improve environmental outcomes or provide consistency in decision making. These concerns build on issues previously raised by the Wentworth Group in its submission on the 2025 draft Standards.

 
 

Author

Wentworth Group of Concerned Scientists