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With the making of the first methodology and related instruments under the Nature Repair Act 2023 (Nature Repair Act), being the Nature Repair (Replanting Native Forest and Woodland Ecosystems) Methodology Determination 2025 (Replanting Method),1 project proponents now have the ability to register biodiversity projects2 under the Nature Repair Market.
In this update, we provide an overview of the latest developments in the Nature Repair Market in Australia, following the publication of the Replanting Method and the Nature Repair (Biodiversity Assessment) Instrument 2025 (BAI). These instruments mark significant steps forward in the operationalisation of the Nature Repair Market, which was established under the Nature Repair Act in 2023.
Professor Samuel’s review of the Environment Protection Biodiversity Conservation Act 1999 (Cth) (EPBC Act) proposed significant reforms, including the establishment of the Federal Environment Protection Authority (EPA) and Environment Information Australia (EIA), and the development of a Nature Repair Market.
The Nature Positive Laws, which were intended to establish the Federal EPA and EIA (see our previous update here), were formally withdrawn from Parliament on 5 February 2025, confirming that these laws which formed part of the reforms to the EPBC Act will not proceed at the current time.
While EIA will not be established as an independent body under the Nature Positive Laws, EIA has been established within the Department of Climate Change, Energy, Environment and Water (DCCEEW).
For an outline of how the Nature Repair Market is intended to operate, see our previous article here. While the Nature Repair Rules 2024 (Cth) were published on 23 December 2024, the market needed methodologies to be developed to enable projects to be registered.
The Replanting Method was published on 27 February 2025. It provides detailed requirements for projects aimed at enhancing or protecting biodiversity in native species by replanting native forest and woodland ecosystems on historically cleared land in modified landscapes in a way that will improve the extent and condition of native vegetation or support ecological connectivity. The replanting activities may be undertaken through staggered and remedial plantings to introduce an appropriate combination of species from the canopy, mid-storey and ground layer to achieve forest cover within 25 years.
The first step for project proponents is to register the biodiversity project with the Clean Energy Regulator (CER).
In order to register a biodiversity project the land must be eligible, a site assessment report must be completed, and a project plan developed. In addition, where relevant, culturally significant entities3 must be nominated.
The site assessment report is required to include a range of information, including details of:
To apply for a biodiversity certificate, the project proponent must demonstrate that:
Project proponents must notify the CER if a prohibited activity is undertaken in the project area. Prohibited activities under the Replanting Method include the destruction or removal of native plant biomass, disposal of rubbish, and ground disturbance.
In addition, project proponents must notify the CER if a culturally significant entity is nominated after the project is registered, or an Indigenous representative withdraws consent to use Indigenous knowledge or values in the design or implementation of the project.
Various additional resources have been released by the DCCEEW and the CER to assist project proponents in developing projects under the Replanting Method.
Some of these resources include:
The BAI was published on 26 February 2025 by the Minister for the Environment and Water, Tanya Plibersek. This instrument sets out the aspects that must be contained in methodology determinations for biodiversity projects to be registered on the Biodiversity Register and for biodiversity certificates to be issued. The BAI is aimed at ensuring that projects are designed and implemented in a way that enhances or protects biodiversity in native species.
A summary of the key provisions of the BAI are below:
The publication of the BAI and Replanting Method represents a significant advancement in the operationalization of the Nature Repair Market. These instruments aim to provide a robust framework for the design, implementation, and monitoring of biodiversity projects, ensuring that they contribute effectively to the enhancement and protection of Australia's native species and ecosystems.
If you would like further information about how you can register a project or would like to receive advice about the Nature Repair Market more broadly, please contact a member of our Environment and Planning team.
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