What this instrument is
The National Environmental Standard (Matters of National Environmental Significance) 2026 is a legislative instrument made under the Environment Protection and Biodiversity Conservation Act 1999. It is administered by the Department of Climate Change, Energy, the Environment and Water. The Standard came into force on 20 August 2026.
What the Standard covers
The Standard sets out objectives, outcomes, and principles that apply to actions affecting protected matters of national environmental significance. The full list of protected matters and all detailed definitions are contained in the instrument itself.
Mitigation hierarchy (section 8)
Section 8 of the Standard establishes a mitigation hierarchy. The hierarchy requires that impacts be addressed in the following order:
- Avoid - impacts are to be avoided in the first instance
- Minimise - where avoidance is not possible, impacts are to be minimised
- Compensate - where residual significant impacts remain after avoidance and minimisation, compensation is required
Compensation is only available for residual significant impacts that remain after the first two steps of the hierarchy have been applied.
Where to find the full text
The full text of the Standard - including all definitions (section 4), the complete list of protected matters, and detailed compliance obligations - is available at the Federal Register of Legislation: https://www.legislation.gov.au/F2026L01094
Key actions
- Read the full text of the Standard at https://www.legislation.gov.au/F2026L01094 if your business involves activities that could affect protected environmental matters - such as land clearing, construction near waterways or bushland, or development approvals.
- Check section 4 (definitions) and section 8 (mitigation hierarchy) to understand what counts as a protected matter and what steps the Standard requires before any residual significant impacts can be compensated.
- Contact the Department of Climate Change, Energy, the Environment and Water for guidance before proceeding with any activity that may affect protected matters, if there is uncertainty about whether a project triggers the Environment Protection and Biodiversity Conservation Act 1999 or this Standard.
- Set up an alert on the Federal Register of Legislation for instrument reference F2026L01094 to receive notification of any future amendments: https://www.legislation.gov.au/F2026L01094
This is a plain-English summary for information only, not legal or compliance advice. Always check the official source or consult a qualified professional.