The Clean Energy Investor Group (CEIG) welcomes the opportunity to provide a submission on the Commonwealth Government’s consultation regarding the Exposure Draft Environmental Protection and Biodiversity Conservation Amendment (2026 Measures No 2) Regulations 2026. CEIG represents domestic and global renewable energy developers and investors, managing approximately 18GW of renewable energy capacity in the National Electricity Market (NEM) across 139 power stations, with a combined portfolio valued at more than $14 billion. The group advocates for an efficient transition to a clean energy future through the provision of low-cost capital.

Key points

CEIG notes that while the Exposure Regulations provide welcome updates and clarity for project referral information, particularly for those seeking the ‘streamlined assessment’ pathway, there remains a strong need for sector-specific assessment guidance. Currently, language such as ‘provide information’ and ‘provide detail’ is considered subjective and open to interpretation by both proponents and assessors. CEIG suggests that new regulatory tools, such as rulings, could be used to define what constitutes sufficient information. Additionally, National EPA (NEPA) resourcing is identified as critical for the success of proponent eligibility. This resourcing must include appropriately experienced assessors who understand renewable energy technologies and the interaction of Matters of National Environmental Significance (MNES).

Further requirements include pre-referral support to help proponents understand assessment material criteria and sector-specific guidance for onshore and offshore wind farms to assist in meeting streamlined pathway criteria. Critical resourcing is required for assessors who understand the interaction of MNES with different renewable energy technologies to ensure the assessment process is robust and technically sound.

Updated referral information and criteria for streamlined assessment pathway

CEIG has consistently advocated for EPBC Act reforms to deliver clarity, efficiency, predictability, and stability. The group’s recent report, “Implementing the EPBC Act: recommendations to support better, faster decisions for renewable energy projects,” provides recommendations for the Government, NEPA, and the Department of Climate Change, Energy, the Environment and Water (DCCEEW). A primary goal is for NEPA to develop a ‘one view’ approach to renewable energy project assessment and conditioning. Proponents have reported that DCCEEW assessors inconsistently apply guidance and adopt an unduly conservative, risk-averse approach. This observation is supported by DCCEEW’s 2026 Capability Review, which found that over half of the staff identified the Department’s risk appetite as a barrier to performance.

CEIG holds concerns regarding the potential for subjective interpretation of criteria in amendments to Parts 2 and 4, and Schedule 2. Specific concerns include the need for additional NEPA resourcing during the pre-referral stage, where proponents currently outline projects and flag MNES impacts. Increased support would help proponents navigate challenges before formal referral. Furthermore, clarity is required regarding ‘minor information gaps.’ CEIG supports a process where proponents indicate their preferred assessment pathway, but without pre-referral support, it remains unclear when NEPA might determine a ‘preliminary documentation’ pathway is necessary due to minor gaps.

For many renewable energy projects, particularly wind farms, residual impacts often cannot be resolved until the site is operational. In cases where proponents provide typically sufficient information, such as 12 months of seasonal flora and fauna surveying, CEIG argues that uncertainties should be managed through detailed environmental management plans. These plans should include robust monitoring schedules and adaptive management strategies. NEPA must provide certainty that it will accept such plans in lieu of requiring further surveying. Finally, proponents require assurance that NEPA will apply the amended criteria in Schedule 2 as a repeatable and transparent ‘check list’ for assessment.

The imperative for sector-specific guidance

The renewable energy sector, especially onshore and offshore wind, faces uncertainty regarding how new protection statements and assessment instruments will be applied. CEIG reiterates the critical need for sector-specific guidance to support proponents in preparing materials for the streamlined assessment pathway. This guidance should clarify when and how to seek pre-referral support and what information is needed to demonstrate the application of the mitigation hierarchy and other principles in the National Environmental Standard (MNES). It should also provide clarity on successful ‘repair’ measures for land rehabilitation at wind farm sites and explain how to achieve ‘net gain’ outcomes for environmental offsets, particularly for those using restoration contributions.

Further suggestions

CEIG identifies several drafting changes in Table 1. For Schedule 2, Clause 5.05, it suggests allowing a “series of maps” to ensure readability for complex projects. For Clause 7.01, it recommends clarifying that both items 5 and 6 apply. Regarding Schedule 2, Part 2, Clause 10.01(b)(i), CEIG suggests providing suggestions on what the ‘history of each of its executive officers in relation to environmental matters’ encompasses, particularly if it is limited to fines, prosecutions, or enforcement measures.

Restoration actions delivered by the Restoration Contributions Holder

CEIG generally supports the introduction of Part 12D, which outlines how restoration contributions are used. Proponents should have the option to propose these contributions, with costs to be detailed in the finalised Restoration Contributions Calculator and the enacted Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025.