Environmental reforms and land clearing: a guide for landholders

Environmental reforms and land clearing: a guide for landholders

Lily Cochrane, Boyce Sustainability Manager

At a glance:

• New environmental reforms may affect agricultural landholders and impact land clearing processes.
• Clearing regrowth vegetation that is more than 15 years old may now require self-assessment or referral to Australian Government.
• Clearing near waterways that flow into the Great Barrier Reef catchment is subject to tighter controls.

In December 2025 the Australian Government passed laws to strengthen Australia’s national environmental laws (the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act)). These reforms are changing how land clearing is considered at the federal level. In the past, many routine land clearing activities were exempt under the EPBC Act. However, these reforms aim to bring agriculture into line with other industries.

The two changes most relevant to landholders 

1. Clearing regrowth older than 15 years

Clearing regrowth vegetation that is more than 15 years old may now require a self-assessment, and in some cases referral to the Australian Government for further consideration.

This does not mean clearing older regrowth is automatically prohibited. The changes mean activities that were previously been routine may now require closer consideration, particularly where there may be significant impact on sensitive or protected environments.

Where regrowth has been managed on a regular, uninterrupted cycle of less than 15 years, and where there is no expansion or intensification of land use, exemptions are likely to continue to apply.

2. Clearing near waterways in Great Barrier Reef catchments

Clearing vegetation within 50 metres of a drainage line near waterways that flow into the Great Barrier Reef (GBR) catchment is subject to tighter controls, even where activities may previously have been considered routine.

Land holders operating in or near GBR catchments should take particular care when planning clearing near watercourses.

What you need to do before clearing: 

• Confirm the age of regrowth > 15-year rule may apply
• Seek guidance if unsure > call the landholder hotline 1800 920 528
• Be cautious near waterways > check distance to waterways in Great Barrier Reef catchment areas
• Avoid clearing that expands or intensifies land use
• Use the EPBC Act decision‑tree self‑assessment tools

What counts as land clearing under the EPBC Act?

Land clearing includes the removal of native or non‑native vegetation (excluding declared weeds) where that removal alters the land’s use, structure, or ecological function. This includes both woody vegetation, such as trees and shrubs, and non‑woody groundcover like grasses.

The EPBC Act only applies where an action is likely to significantly impact a Matter of National Environmental Significance (MNES). These include:

• threatened plants, animals and ecological communities
• Ramsar-listed wetlands
• migratory species
• the Great Barrier Reef

If a clearing activity is unlikely to significantly affect any of these matters, approval is generally not required.

What activities remain exempt from the laws?

Many routine agricultural activities are expected to remain exempt, provided they do not expand or intensify land use and are managed to avoid significant impacts. For landholders, this includes:

• changes to stocking rates within historic ranges
• switching between grazing systems such as set stocking and rotational grazing
• regular regrowth management on cycles of less than 15 years
• pasture improvement activities such as sowing legumes into native pasture on a regular cycle
• ongoing weed control using existing methods
• maintenance of existing water infrastructure, including dams, troughs and pipes
• removal of dangerous trees
• maintenance of existing firebreaks and fire tracks, where clearing has occurred within the last 15 years

A key limitation is that exemptions generally do not apply if an activity enlarges, expands, or intensifies land use, or involves clearing within 50 metres of a drainage line in a GBR catchment.

What if an activity is no longer exempt?

Not being covered by an exemption does not mean the activity cannot proceed. It means the land holders needs to consider whether the activity is likely to significantly impact MNES.

In many cases, adopting land management practices that avoid or minimise impacts can remove the need for a formal EPBC assessment. Activities that are usually considered low risk include:

• removing a small number of hazardous trees
• minor clearing (less than one hectare) for new fences or tracks
• fence realignment in paddocks without remnant vegetation
• weed control that avoids important habitat features
• de‑silting existing dams and channels

When do the changes apply?

The AustralianGovernment is negotiating agreements with state governments to better align approval processes and reduce duplication. While this work continues, landholders will be operating in a transition period through 2026.

Even through the transition period, some changes took effect as soon as the legislation passed in December 2025. Other elements will be progressively introduced through 2026, with all amendments fully commencing by December 2026 if they are not activated earlier.

This staged rollout means landholders should already be factoring the reforms into decision‑making, particularly where clearing is planned rather than urgent.

Who can I contact to ask questions?

The Department of Climate Change, Energy, the Environment and Water (DCCEEW) has provided a landholder hotline 1800 920 528.