Two governments, one piece of land: why proponents carry the risk

Blog by Thomas Key, Director, earthtrade

There is a looming conflict inside Australia’s environmental law, and it lands on the people least able to absorb it — landholders and project proponents.

In December last year, federal reforms to the Environment Protection and Biodiversity Conservation Act 1999 took effect.

Among them, the long-standing ‘continuation of use’ exemption that many operations relied on to keep clearing and managing land, was narrowed. The changes were meant to streamline approvals between Canberra and the states. In practice, they have opened a gap.

The Queensland Productivity Commission is now running a public inquiry into how those federal changes affect Queensland industries and businesses. Its final report is not due until 13 April 2027 — well over a year after the rules changed. That is the problem in a sentence: the law has already moved, but the clarity has not.

In the meantime, proponents are left guessing. Federal legislation and Queensland’s own regime do not always define the same things the same way.

Land that is lawfully clearable under Queensland law may not be clearable under federal law, and it is not always obvious which government you should be listening to, or when.

A current threat

The exposure is not theoretical. Much of central Queensland — a large share of the vegetation east of the Great Dividing Range — could face closer scrutiny where it may be habitat for a matter of national environmental significance.

For a farmer or a developer, a “continuing operation” you assumed was exempt can quietly become an unfunded liability.

This is where a commercial lens matters more than a technical one. earthtrade does not tell you where the frogs live. We tell you what your compliance obligations are worth, where state and federal law collide, and how to stress-test a strategy before you commit capital — with the rigour of a dedicated trading desk.

Waiting for the inquiry to report is not a strategy. Every final investment decision and clearing decision made between now and April 2027 carries risk that can be quantified today.

If your project touches Queensland land, talk to us before you break ground. Call the earthtrade office on 1300 036 401 for a commercial assessment of your EPBC exposure.