Draft NES for Community Engagement and Standard for Data and Information
Submission Date: 7 July 2026
Draft National Environmental Standard for Community Engagement
The Law Council of Australia provided a submission to the Department of Climate Change, Energy, the Environment and Water (DCCEEW) on the Exposure Draft National Environmental Standard (NES) for Community Engagement and accompanying draft Policy Position Paper. This submission is informed by contributions from the Australian Environment and Planning Law Group of the Law Council’s Legal Practice Section, and from the Law Institute of Victoria.
The Law Council supports the development of clear, legally enforceable NESs as a central component of the reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) identified in the Second Review of that Act, undertaken by Professor Graeme Samuel in 2020 (Samuel Review).1 The Samuel Review identified deficiencies in community participation in decision-making under the EPBC Act, including limited opportunities to raise concerns about the potential social and economic implications of proposals.2 It also observed that “[e]ffective, outcomes-based decision-making, where the community can engage with the process and understand the reasons for decisions, is the primary way to improve trust”.3 While supporting the aims of this NES, The Law Council recommends that it be clarified to promote legal certainty, meaningful participation and consistent implementation by proponents and decisionmakers.
1 Professor Graeme Samuel AC, Independent Review of the EPBC Act – Final Report (Report, October 2020) ii.
2 Ibid 82.
3 Ibid.
Draft National Environmental Standard for Data and Information
The Law Council of Australia provided a separate submission on 7 July 2026 to DCCEEW on the Exposure Draft National Environmental Standard (NES) for Data and Information and accompanying draft Policy Position Paper. This submission is informed by input from the Australian Environment Planning Law Group of the Law Council’s Legal Practice Section, and from the Law Institute of Victoria.
The Samuel Review identified the absence of a national strategy for environmental information under the EPBC Act framework and recommended a NES for data and information to support the use of best available evidence and to facilitate an efficient “environmental information supply chain”.1 The Law Council supports these aims but considers that elaboration in relation to its scope, data stewardship, reuse, retention and ethical data governance would be beneficial.
1 Professor Graeme Samuel AC, Independent Review of the EPBC Act – Final Report (Report, October 2020) 164.
Last Updated on 24/07/2026
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