{"id":"C2025A00063","name":"Environment Information Australia Act 2025","slug":"environment-information-australia-act-2025","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"63 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436450,"registerId":"C2025A00063-fast-fetch-1775953645690","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Information Australia Act 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nEnvironment Information Australia Act 2025\n\nNo. 63, 2025\n\n \n\n \n\n \n\n \n\n \n\nAn Act to establish the Head of Environment Information Australia, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Objects\n\n4 Simplified outline of this Act\n\n5 Definitions\n\n6 Crown to be bound\n\n7 Extension to external Territories\n\nPart 2—Establishment, functions and powers\n\n8 Simplified outline of this Part\n\n9 Head of Environment Information Australia\n\n10 Functions\n\n11 Independence\n\n12 State of the Environment reports\n\n13 Environmental economic accounts\n\n14 National environmental information assets\n\nPart 3—Minister’s responsibilities in relation to Head of Environment Information Australia’s functions\n\n15 Simplified outline of this Part\n\n16 Response to State of the Environment reports\n\n17 Minister’s responsibilities in relation to statements of environmental economic accounts\n\nPart 4—Information and confidentiality\n\nDivision 1—Introduction\n\n18 Simplified outline of this Part\n\nDivision 2—Information gathering\n\n19 Head of Environment Information Australia may request information or documents\n\nDivision 3—Use and disclosure of EIA information\n\nSubdivision A—Authorised use and disclosure by the Head of Environment Information Australia\n\n20 Disclosure of EIA information to Commonwealth entities\n\n21 Disclosure of EIA information to State or Territory government bodies\n\n22 Disclosure for the purposes of law enforcement\n\n23 Disclosure to reduce serious risk to human health\n\n24 Disclosure to reduce serious risk to the environment\n\n25 Disclosure of protected information for the purposes of the Head’s functions and powers\n\nSubdivision B—Authorised use and disclosure by entrusted persons\n\n26 Use and disclosure for the purposes of the Head’s functions and powers\n\n27 Use and disclosure for the purposes of other Acts administered by the Minister\n\n28 Use and disclosure to meet international obligations\n\n29 Use and disclosure of publicly available information\n\n30 Disclosure to person to whom information relates\n\n31 Use and disclosure with consent\n\n32 Disclosure to person who provided information\n\n33 Disclosure of summaries or statistics\n\n34 Disclosure to a court, tribunal etc.\n\nDivision 4—Use and disclosure of departmental information\n\nSubdivision A—Authorised use and disclosure by the Head of Environment Information Australia\n\n35 Disclosure of protected information for the purposes of the Head’s functions and powers\n\nSubdivision B—Authorised use and disclosure by entrusted persons\n\n36 Use and disclosure for the purposes of the Head’s functions and powers\n\nDivision 5—Civil penalties\n\n37 Unauthorised use or disclosure of EIA information that is protected information—entrusted person\n\n38 Unauthorised use or disclosure of protected information—official of certain Commonwealth entities\n\n39 Unauthorised secondary use or disclosure of protected information\n\nPart 5—Appointment of the Head of Environment Information Australia and assistance from staff and contractors\n\n40 Simplified outline of this Part\n\n41 Appointment\n\n42 Staff\n\n43 Contractors\n\nPart 6—Miscellaneous\n\n44 Simplified outline of this Part\n\n45 Delegation\n\n46 Annual report\n\n47 Enforcement of civil penalty provisions\n\n48 Liability for damages\n\n49 Executive power of the Commonwealth\n\n50 Review of operation of Act\n\n51 Rules\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nEnvironment Information Australia Act 2025\n\nNo. 63, 2025\n\n \n\n \n\n \n\nAn Act to establish the Head of Environment Information Australia, and for related purposes\n\n[Assented to 1 December 2025]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the Environment Information Australia Act 2025.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act At the same time as the National Environmental Protection Agency Act 2025 commences.However, the provisions do not commence at all if that Act does not commence. 1 July 2026\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Objects\n\n  The objects of this Act are to:\n\n (a) establish the Head of Environment Information Australia; and\n\n (b) improve the availability and accessibility of high quality national environmental information and data; and\n\n (c) improve accountability in relation to matters affecting the environment, including government policy and programs, through regular, comprehensive and transparent reporting.\n\n4  Simplified outline of this Act\n\nThere is to be a Head of Environment Information Australia.\n\nThe Head has various functions that relate to providing access to, assessing and reporting on environmental information and data.\n\nThe Head is not subject to the direction of any person in performing certain functions.\n\nThe Head is to be an SES employee in the Department. The Head may be assisted by APS employees in the Department and contractors.\n\nBroadly, this Act relies on the legislative power that the Commonwealth has under the Constitution with respect to:\n\n (a) the executive power of the Commonwealth; and\n\n (b) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\nPart 4, which deals with information and confidentiality, also relies on these powers to some extent, as well as other legislative powers including powers on which other Acts referred to in the Part rely.\n\n5  Definitions\n\n  In this Act:\n\nAustralian jurisdiction has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\nCEO has the same meaning as in the National Environmental Protection Agency Act 2025.\n\nNote: This is a reference to the CEO of the National Environmental Protection Agency.\n\ncivil penalty provision has the meaning given by the Regulatory Powers Act.\n\nCommonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\ndepartmental information means information obtained or generated under, or in accordance with:\n\n (a) an Act (other than this Act) administered by the Minister; or\n\n (b) an instrument made under such an Act.\n\nEIA information means information obtained or generated by an entrusted person under, or in accordance with:\n\n (a) this Act or an instrument made under this Act; or\n\n (b) an Act or instrument that confers functions on the Head of Environment Information Australia.\n\nentrusted person means:\n\n (a) the Head of Environment Information Australia; or\n\n (b) an APS employee in the Department; or\n\n (c) a person engaged under section 43, or a person otherwise engaged by the Secretary who assists the Head to perform the functions or exercise the powers of the Head; or\n\n (d) any other person performing functions or exercising powers under this Act who is prescribed by the rules.\n\nenvironment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\nenvironmental economic accounts means statistical accounts that describe the condition of the environment and its relationship with the economy.\n\nFundamental Principles of Official Statistics means the Fundamental Principles of Official Statistics endorsed by resolution of the General Assembly of the United Nations on 29 January 2014, as in force from time to time.\n\nNote: The Fundamental Principles of Official Statistics could in 2025 be viewed on the United Nations Statistics Division’s website (https://unstats.un.org/).\n\nnational environmental goals: see subsection 16(3).\n\nnational environmental law means:\n\n (a) the Environment Protection and Biodiversity Conservation Act 1999; or\n\n (b) the National Environmental Protection Agency Act 2025; or\n\n (c) an Act that is prescribed, or provisions of an Act that are prescribed, by the rules for the purposes of this paragraph; or\n\n (d) a legislative instrument made under an Act, or under provisions of an Act, mentioned in any of paragraphs (a) to (c).\n\nofficial has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\npersonal information has the same meaning as in the Privacy Act 1988.\n\nprotected information: relevant information obtained by an entrusted person is protected information if disclosure of the information could reasonably be expected to:\n\n (a) if the disclosure is by the entrusted person—found an action by a person (other than the Commonwealth) for breach of a duty of confidence; or\n\n (b) prejudice the effective working of government; or\n\n (c) prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences; or\n\n (d) endanger a person’s life or physical safety; or\n\n (e) prejudice the protection of public safety or the environment.\n\nRegulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\nrelevant information means:\n\n (a) EIA information; or\n\n (b) departmental information.\n\nrules means rules made under section 51.\n\nSecretary means the Secretary of the Department.\n\nState of the Environment report: see subsection 12(1).\n\nState or Territory government body means:\n\n (a) a Department of State of a State or Territory; or\n\n (b) an agency of a State or Territory; or\n\n (c) an authority of a State or Territory.\n\n6  Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n7  Extension to external Territories\n\n  This Act extends to every external Territory.\n\nPart 2—Establishment, functions and powers\n\n \n\n8  Simplified outline of this Part\n\nThis Part sets out the functions of the Head of Environment Information Australia.\n\nThe Head is responsible for providing the Minister, the CEO and the public with access to high quality information and data relating to the environment, the Minister’s functions under certain laws and the functions of the CEO.\n\nOther key functions of the Head include:\n\n (a) preparing and publishing reports on the state of the environment; and\n\n (b) establishing and maintaining environmental economic accounts.\n\n9  Head of Environment Information Australia\n\n  There is to be a Head of Environment Information Australia.\n\n10  Functions\n\n  The Head of Environment Information Australia has the following functions:\n\n (a) to provide the Minister with access to high quality information and data relating to:\n\n (i) the environment; and\n\n (ii) matters in respect of which the Minister has functions under a national environmental law;\n\n (b) to provide the CEO with access to high quality information and data relating to:\n\n (i) the environment; and\n\n (ii) matters in respect of which the CEO has functions;\n\n (c) to provide the public with access to high quality information and data relating to the environment;\n\n (d) to prepare and publish State of the Environment reports in accordance with section 12;\n\n (e) to establish and maintain environmental economic accounts in accordance with section 13;\n\n (f) to declare national environmental information assets in accordance with section 14;\n\n (g) any other functions conferred on the Head by:\n\n (i) this Act; or\n\n (ii) the rules; or\n\n (iii) any other law of the Commonwealth;\n\n (h) anything incidental or conducive to the performance of any of the functions mentioned elsewhere in this section.\n\n11  Independence\n\n  The Head of Environment Information Australia is not subject to the direction of the Secretary or the Minister, or anyone else, in performing:\n\n (a) the functions mentioned in the following provisions:\n\n (i) paragraph 10(d) (prepare and publish State of the Environment reports);\n\n (ii) paragraph 10(e) (establish and maintain environmental economic accounts); or\n\n (b) any other function that is prescribed by the rules for the purposes of this paragraph.\n\n12  State of the Environment reports\n\nHead to prepare and publish reports\n\n (1) The Head of Environment Information Australia must, on or before 15 December every second year, prepare and publish a report on the environment in the Australian jurisdiction (a State of the Environment report) on a website maintained by the Department.\n\nPreparation and content of reports\n\n (2) A State of the Environment report must:\n\n (a) contain information about, and analysis of trends relating to, the state of the environment; and\n\n (b) contain information about, and analysis relating to progress towards meeting, the national environmental goals; and\n\n (c) deal with any other matters prescribed by the rules for the purposes of this paragraph.\n\nThis subsection does not limit the content of the report.\n\n (3) In particular, a State of the Environment report is to draw on and reflect the knowledge and insights of:\n\n (a) persons with scientific expertise in relation to the state of the environment; and\n\n (b) Aboriginal and Torres Strait Islander peoples, recognising the significance of Aboriginal and Torres Strait Islander peoples’ knowledge of the management of land and the conservation and sustainable use of biodiversity.\n\n (4) The Head may, in preparing a State of the Environment report, seek assistance, input or information from such persons as the Head determines.\n\n13  Environmental economic accounts\n\nEnvironmental economic accounts\n\n (1) The Head of Environment Information Australia:\n\n (a) must establish and maintain environmental economic accounts; and\n\n (b) may also choose to maintain environmental economic accounts established other than by the Head.\n\nThe Head must establish and maintain the accounts, as relevant, in accordance with the Fundamental Principles of Official Statistics.\n\n (2) The accounts must not contain protected information.\n\nABS assistance\n\n (3) The Head is to seek the assistance of the Australian Bureau of Statistics in establishing and maintaining the accounts.\n\nStatements of environmental economic accounts\n\n (4) The Head must, at least once every 12 months, prepare and give to the Minister a statement of one or more of the accounts.\n\n (5) The Head may decide which account or accounts to prepare a statement of.\n\n (6) The statement:\n\n (a) must:\n\n (i) summarise the account or accounts; or\n\n (ii) for an account previously summarised in a statement—summarise the changes made to the account since it was most recently summarised; and\n\n (b) may deal with any other matters the Head considers appropriate.\n\n (7) The statement must not contain protected information.\n\n14  National environmental information assets\n\n (1) This section applies if the Head of Environment Information Australia reasonably believes that data or information held by, or a data system maintained by, a Commonwealth entity, a State or Territory government body, or any other person or body, is critical to:\n\n (a) a matter in respect of which the CEO has functions; or\n\n (b) a matter in respect of which the Minister has functions under a national environmental law.\n\n (2) The Head may, in writing, declare the data, information or system, or part of the system, to be a national environmental information asset.\n\n (3) The Head must, as soon as practicable after making a declaration under subsection (2), give written notice of the declaration to the entity, person or body that holds or maintains the data, information or system.\n\n (4) At any time while one or more declarations are in force, the Head must maintain a register of national environmental information assets.\n\n (5) The register must be published on a website maintained by the Department.\n\n (6) The rules may prescribe:\n\n (a) the information that must be included in the register; and\n\n (b) the circumstances in which the holder of a national environmental information asset may notify the Head of a proposed change to:\n\n (i) the content of the asset; or\n\n (ii) the availability or accessibility of the asset.\n\n (7) The following are not legislative instruments:\n\n (a) a declaration made under subsection (2);\n\n (b) the register maintained under subsection (4).\n\nPart 3—Minister’s responsibilities in relation to Head of Environment Information Australia’s functions\n\n \n\n15  Simplified outline of this Part\n\nThis Part sets out the Minister’s responsibilities in relation to certain functions of the Head of Environment Information Australia.\n\nThe Minister is to respond to the Head’s State of the Environment reports, including by specifying environmental goals to be achieved (the Head reports on progress towards meeting these: see Part 2). The Minister must, at least every 12 months, table any statement of environmental economic accounts prepared by the Head in each House of the Parliament.\n\n16  Response to State of the Environment reports\n\n (1) The Minister must, no later than 6 months after the day a State of the Environment report is published under section 12, arrange for a response to the report to be tabled in each House of the Parliament.\n\n (2) The response must specify:\n\n (a) environmental targets to be achieved; and\n\n (b) the period within which the targets are to be achieved.\n\nThis subsection does not limit the content of the response.\n\n (3) The national environmental goals, at a time, are the targets specified in the response most recently tabled in accordance with subsection (1).\n\n (4) The response must deal with any other matters prescribed by the rules.\n\n17  Minister’s responsibilities in relation to statements of environmental economic accounts\n\n  The Minister must arrange for any statement of environmental economic accounts prepared by the Head of Environment Information Australia under section 13 to be tabled in each House of the Parliament, within 15 sitting days of that House after the Minister receives the statement.\n\nPart 4—Information and confidentiality\n\nDivision 1—Introduction\n\n18  Simplified outline of this Part\n\nEntrusted persons can use or disclose certain information in accordance with this Part.\n\nEntrusted persons and certain other persons may be liable to a civil penalty if they use or disclose protected information other than in accordance with this Part.\n\nDivision 2—Information gathering\n\n19  Head of Environment Information Australia may request information or documents\n\n  The Head of Environment Information Australia may, in writing, request information, advice or documents that relate to the performance of the Head’s functions, or the exercise of the Head’s powers, from any person or body.\n\nDivision 3—Use and disclosure of EIA information\n\nSubdivision A—Authorised use and disclosure by the Head of Environment Information Australia\n\n20  Disclosure of EIA information to Commonwealth entities\n\n  The Head of Environment Information Australia may disclose EIA information to a Commonwealth entity if the Head is satisfied the disclosure is for the purposes of assisting the entity to perform its functions or exercise its powers.\n\nNote: EIA information may also be disclosed to a Commonwealth entity under other sections of this Act (for example, see sections 26 and 27).\n\n21  Disclosure of EIA information to State or Territory government bodies\n\n  The Head of Environment Information Australia may disclose EIA information to a State or Territory government body if:\n\n (a) the Head reasonably believes that the disclosure of the information is necessary for the purposes of:\n\n (i) performing functions or exercising powers of the Head; or\n\n (ii) the administration of a State or Territory law; and\n\n (b) the State or Territory government body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n\n (i) is in force between the Commonwealth and the State or Territory; and\n\n (ii) applies in relation to the information; and\n\n (c) the Head is satisfied that the information will be used and further disclosed only in accordance with the agreement.\n\n22  Disclosure for the purposes of law enforcement\n\n (1) The Head of Environment Information Australia may disclose EIA information to a body mentioned in subsection (2) if:\n\n (a) the Head reasonably believes that the disclosure of the information is necessary for:\n\n (i) the enforcement of the criminal law; or\n\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n\n (iii) the protection of public revenue; and\n\n (b) the functions of the body include that enforcement or protection.\n\n (2) The bodies are the following:\n\n (a) a Commonwealth entity;\n\n (b) a State or Territory government body;\n\n (c) the Australian Federal Police;\n\n (d) the police force or police service of a State or Territory.\n\n23  Disclosure to reduce serious risk to human health\n\n  The Head of Environment Information Australia may disclose EIA information if the Head reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to human health.\n\n24  Disclosure to reduce serious risk to the environment\n\n  The Head of Environment Information Australia may disclose EIA information if the Head reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to the environment.\n\n25  Disclosure of protected information for the purposes of the Head’s functions and powers\n\n (1) The Head of Environment Information Australia may disclose EIA information that is protected information to a person if:\n\n (a) the disclosure is for the purposes of performing functions or exercising powers of the Head; and\n\n (b) the Head is satisfied that:\n\n (i) the information is not personal information; and\n\n (ii) the disclosure of the information to the person could not reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence; and\n\n (iii) the disclosure will be made in such a way that harm of a kind mentioned in paragraphs (b) to (e) of the definition of protected information will be appropriately mitigated, including by conditions (if any) imposed on the person’s use or disclosure of the information.\n\nNote: Civil penalties apply if persons use or disclose information other than in accordance with conditions (see section 39).\n\n (2) The Head may, by written notice given to a person to whom information is disclosed under subsection (1), impose any conditions on the person’s use or disclosure of the information that the Head considers appropriate.\n\n (3) To avoid doubt, subsection (1) does not affect authorisations to disclose protected information under other provisions of this Part.\n\nSubdivision B—Authorised use and disclosure by entrusted persons\n\n26  Use and disclosure for the purposes of the Head’s functions and powers\n\n (1) An entrusted person may use or disclose EIA information if the use or disclosure is for the purposes of performing functions or exercising powers of the Head of Environment Information Australia.\n\n (2) Subsection (1) does not authorise:\n\n (a) the disclosure of protected information for the purposes of the Head’s function under paragraph 10(c) to provide the public with access to high quality information and data relating to the environment; or\n\n (b) the publication of protected information for the purposes of the Head’s function under paragraph 10(d) to prepare and publish State of the Environment reports.\n\n27  Use and disclosure for the purposes of other Acts administered by the Minister\n\n  An entrusted person may use or disclose EIA information if the use or disclosure is for the purposes of an Act administered by the Minister, other than this Act.\n\n28  Use and disclosure to meet international obligations\n\n  An entrusted person may use or disclose EIA information if the use or disclosure is for the purposes of Australia meeting its international obligations.\n\n29  Use and disclosure of publicly available information\n\n  An entrusted person may use or disclose EIA information if the information has already been lawfully made available to the public.\n\n30  Disclosure to person to whom information relates\n\n  An entrusted person may disclose EIA information to the person to whom the information relates.\n\n31  Use and disclosure with consent\n\n  An entrusted person may use or disclose EIA information that relates to a person if:\n\n (a) the person has consented to the use or disclosure; and\n\n (b) the use or disclosure is in accordance with that consent.\n\n32  Disclosure to person who provided information\n\n  An entrusted person may disclose EIA information to the person who provided the information.\n\n33  Disclosure of summaries or statistics\n\n  An entrusted person may disclose:\n\n (a) summaries of EIA information; or\n\n (b) statistics derived from EIA information;\n\nif those summaries or statistics do not enable the identification of a person.\n\n34  Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose EIA information to a court exercising federal jurisdiction.\n\n (2) An entrusted person may disclose EIA information to:\n\n (a) a court; or\n\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n\nfor the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\nDivision 4—Use and disclosure of departmental information\n\nSubdivision A—Authorised use and disclosure by the Head of Environment Information Australia\n\n35  Disclosure of protected information for the purposes of the Head’s functions and powers\n\n (1) The Head of Environment Information Australia may disclose departmental information that is protected information to a person if:\n\n (a) the disclosure is for the purposes of performing functions or exercising powers of the Head; and\n\n (b) the Head is satisfied that:\n\n (i) the information is not personal information; and\n\n (ii) the disclosure of the information to the person could not reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence; and\n\n (iii) the disclosure will be made in such a way that harm of a kind mentioned in paragraphs (b) to (e) of the definition of protected information will be appropriately mitigated, including by conditions (if any) imposed on the person’s use or disclosure of the information.\n\nNote: Civil penalties apply if persons use or disclose information other than in accordance with conditions (see section 39).\n\n (2) The Head may, by written notice given to a person to whom information is disclosed under subsection (1), impose any conditions on the person’s use or disclosure of the information that the Head considers appropriate.\n\n (3) To avoid doubt, subsection (1) does not affect an authorisation to disclose departmental information under:\n\n (a) any other law of the Commonwealth; or\n\n (b) the executive power of the Commonwealth.\n\nSubdivision B—Authorised use and disclosure by entrusted persons\n\n36  Use and disclosure for the purposes of the Head’s functions and powers\n\n (1) An entrusted person may use or disclose departmental information if the use or disclosure is for the purposes of performing functions or exercising powers of the Head of Environment Information Australia.\n\n (2) Subsection (1) does not authorise:\n\n (a) the disclosure of protected information for the purposes of the Head’s function under paragraph 10(c) to provide the public with access to high quality information and data relating to the environment; or\n\n (b) the publication of protected information for the purposes of the Head’s function under paragraph 10(d) to prepare and publish State of the Environment reports.\n\n (3) To avoid doubt, subsection (1) does not affect an authorisation to use or disclose departmental information under:\n\n (a) any other law of the Commonwealth; or\n\n (b) the executive power of the Commonwealth.\n\nDivision 5—Civil penalties\n\n37  Unauthorised use or disclosure of EIA information that is protected information—entrusted person\n\nUnauthorised use or disclosure\n\n (1) A person is liable to a civil penalty if:\n\n (a) the person is, or has been, an entrusted person; and\n\n (b) the person has obtained EIA information in the person’s capacity as an entrusted person; and\n\n (c) the information is protected information; and\n\n (d) the person uses or discloses the information.\n\nCivil penalty: 200 penalty units.\n\nExceptions\n\n (2) Subsection (1) does not apply if the use or disclosure is authorised or required by:\n\n (a) this Act; or\n\n (b) any other law of the Commonwealth; or\n\n (c) a prescribed law of a State or a Territory.\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).\n\n38  Unauthorised use or disclosure of protected information—official of certain Commonwealth entities\n\n  A person is liable to a civil penalty if:\n\n (a) the person is, or has been, an official, other than an entrusted person, of a Commonwealth entity that is not the National Environmental Protection Agency; and\n\n (b) the person has obtained relevant information in the person’s capacity as an official of the entity; and\n\n (c) the information is protected information that was disclosed to the entity under any of the following provisions:\n\n (i) section 20 (disclosure of EIA information to Commonwealth entities);\n\n (ii) subsection 26(1) (disclosure of EIA information for the Head’s functions and powers);\n\n (iii) subsection 36(1) (disclosure of departmental information for the Head’s functions and powers); and\n\n (d) the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.\n\nCivil penalty: 200 penalty units.\n\n39  Unauthorised secondary use or disclosure of protected information\n\n  A person is liable to a civil penalty if:\n\n (a) the Head of Environment Information Australia:\n\n (i) discloses protected information to the person under subsection 25(1) or 35(1); and\n\n (ii) imposes a condition on the person’s use or disclosure of the information under subsection 25(2) or 35(2), as applicable; and\n\n (b) the person uses or discloses the information, other than in accordance with the condition.\n\nCivil penalty: 200 penalty units.\n\nPart 5—Appointment of the Head of Environment Information Australia and assistance from staff and contractors\n\n \n\n40  Simplified outline of this Part\n\nThis Part provides for the engagement of the Head of Environment Information Australia as an SES employee in the Department. APS employees in the Department and contractors may assist the Head in relation to the Head’s functions and powers.\n\n41  Appointment\n\n (1) The Head of Environment Information Australia is to be engaged under the Public Service Act 1999.\n\n (2) The Head is to be an SES employee in the Department.\n\nNote: The expression SES employee is defined in section 2B of the Acts Interpretation Act 1901.\n\n42  Staff\n\n (1) The staff assisting the Head of Environment Information Australia are to be APS employees in the Department whose services are made available to the Head, by the Secretary, in connection with the performance of any of the functions or the exercise of any of the powers of the Head.\n\n (2) When performing services for the Head, the staff are subject to the Head’s directions.\n\n43  Contractors\n\n  The Secretary may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Head of Environment Information Australia to perform the functions or exercise the powers of the Head.\n\nPart 6—Miscellaneous\n\n \n\n44  Simplified outline of this Part\n\nThis Part deals with miscellaneous matters, such as delegations and rules.\n\n45  Delegation\n\n (1) The Head of Environment Information Australia may, in writing, delegate all or any of the Head’s functions or powers to:\n\n (a) an SES employee, or acting SES employee, in the Department; or\n\n (b) an APS employee who holds, or is acting in, an Executive Level 2 (or equivalent) position in the Department.\n\nNote: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) Before delegating a function or power to an APS employee mentioned in paragraph (1)(b), the Head must consider whether the APS employee has appropriate expertise to perform the function or exercise the power.\n\n (3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Head.\n\n46  Annual report\n\n (1) After the end of each reporting period (within the meaning of the Public Governance, Performance and Accountability Act 2013) for the Department, the Head of Environment Information Australia must prepare and give an annual report to the Minister, for presentation to the Parliament, on the Head’s activities during the period.\n\nNote: See also section 34C of the Acts Interpretation Act 1901 for provisions relevant to this report.\n\n (2) If a report on the Head’s activities during a reporting period is included in the report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 in relation to the period, the Head is taken to have complied with subsection (1) of this section in relation to the period.\n\n47  Enforcement of civil penalty provisions\n\nEnforcement of civil penalty provisions\n\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\nNote: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\nAuthorised applicant\n\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Head of Environment Information Australia is an authorised applicant in relation to the civil penalty provisions of this Act.\n\nRelevant court\n\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n\n (a) the Federal Court of Australia;\n\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n\nExtension to external Territories\n\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.\n\n48  Liability for damages\n\n  None of the following:\n\n (a) the Head of Environment Information Australia;\n\n (b) the staff assisting the Head referred to in subsection 42(1);\n\n (c) persons engaged by the Secretary under section 43;\n\nis liable to an action or other proceeding for damages for, or in relation to, an act or matter in good faith done or omitted to be done:\n\n (d) in the performance or purported performance of any function; or\n\n (e) in the exercise or purported exercise of any power;\n\nconferred by this Act.\n\n49  Executive power of the Commonwealth\n\n  This Act does not, by implication, limit the executive power of the Commonwealth.\n\n50  Review of operation of Act\n\nRequirement to conduct reviews\n\n (1) The Minister must cause independent reviews of the operation of this Act to be conducted in accordance with this section.\n\nMatters review must consider\n\n (2) Without limiting subsection (1), a review must consider whether, and to what extent, this Act has:\n\n (a) improved the availability and accessibility of high quality national environmental information and data; and\n\n (b) improved accountability for matters that affect the environment through regular, comprehensive and transparent reporting.\n\nFrequency of reviews\n\n (3) The first review must be completed within 5 years after the commencement of this section.\n\n (4) Each subsequent review must be completed within 5 years after the completion of the previous review.\n\n (5) For the purposes of subsections (3) and (4), a review is completed on the day after the day the report of the review is given to the Minister.\n\nReport of review\n\n (6) The person who, or body that, conducts a review must give the Minister a written report of the review.\n\n (7) The Minister must arrange for a copy of the report to be tabled in each House of the Parliament, within 15 sitting days of that House after the Minister receives the report.\n\nResponse to review\n\n (8) The Minister must arrange for a response to the review to be:\n\n (a) tabled in each House of the Parliament, within 6 months of the day a copy of the report of the review is tabled in that House; and\n\n (b) published on a website maintained by the Department, as soon as practicable after a copy of the report is first tabled in a House of the Parliament.\n\n51  Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n (2) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n\n (e) directly amend the text of this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 30 October 2025\n\nSenate on 24 November 2025]\n\n \n\n(93/25)\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act extends beyond simply creating an information‑reporting role and formalising periodic public reports. It grants the Head powers to declare national environmental information assets (section 14), to request information from any person (section 19), to control and condition disclosure of protected and departmental information (sections 25 and 35), and to impose conditions whose breach attracts civil penalties (sections 37–39). The Minister’s rule‑making power (section 51) allows the operational definition of entrusted persons and other procedural matters to be set by legislative instrument, which can materially expand how the Head operates without amending the Act itself. Those features broaden the law’s operational scope from passive reporting to an active role in data governance, inter‑agency sharing and legally‑enforced confidentiality regimes — functions that go beyond a narrow initial purpose of producing public reports (compare section 3) and create ongoing compliance and administrative obligations for public servants, agencies and other data holders."},"complexity_factors":["Multiple defined terms with operational significance (e.g. \"EIA information\", \"entrusted person\", \"protected information\", \"departmental information\", \"national environmental law\") — section 5","Cross-references to numerous other Acts and instruments (Environment Protection and Biodiversity Conservation Act 1999, National Environmental Protection Agency Act 2025, Public Service Act 1999, Public Governance, Performance and Accountability Act 2013, Privacy Act 1988, Regulatory Powers (Standard Provisions) Act 2014, ABS standards and UN statistical principles) — scattered throughout","Layered disclosure rules with many distinct authorisations and carve-outs (sections 20–36), including separate regimes for EIA information and departmental information","Protected information concept with multi-part test and multiple exception pathways (definition in section 5; sections 25 and 35 for disclosure with mitigation) creating conditional legal outcomes","Three civil-penalty provisions (sections 37–39) that impose liability on different classes of persons and reference enforcement under the Regulatory Powers Act (section 47), including evidential burdens noted by reference","Ministerial rule-making power by legislative instrument with broad but specifically limited scope (section 51), creating potential for significant operational detail outside the Act text","Institutional checks (statutory independence at section 11; periodic independent reviews at section 50) combined with delegation/appointment mechanics (sections 41–45) — multiple interacting governance layers","Operational obligations to publish registers, reports and statements with specific timing obligations (State of the Environment reports every 2 years at section 12; annual statements of accounts at section 13(4); Ministerial response/tableling deadlines at sections 16–17)","Interplay between voluntary requests for information (section 19) and actual disclosure/penalty regimes, which creates legal ambiguity about compulsion and compliance duties"],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a new statutory office: the Head of Environment Information Australia (the Head). The Head is to be engaged as a Senior Executive Service (SES) employee in the relevant Commonwealth department (see sections 9 and 41).  \n\n- Gives the Head a set of core duties focused on environmental information: providing high‑quality information/data to the Minister, to the CEO of the National Environmental Protection Agency, and to the public; preparing State of the Environment reports every two years; establishing and maintaining environmental economic accounts; and declaring \"national environmental information assets\" (see section 10; sections 12–14).  \n\n- Protects some of the Head’s work from ministerial or departmental direction. The Head is expressly independent (not subject to direction) when preparing State of the Environment reports and when establishing/maintaining environmental economic accounts, and for any other functions the rules specify (section 11).  \n\n- Gives the Head power to request information or documents from any person or body (section 19), and sets out how entrusted persons may use and disclose information obtained under the Act (Part 4).  \n\n- Defines “EIA information” (information obtained or generated under this Act or under laws that confer functions on the Head) and \"departmental information\", and defines what counts as \"protected information\" (material where disclosure could found a breach‑of‑confidence claim, prejudice government functioning, impede law enforcement, endanger life, or prejudice public safety or the environment) (section 5).  \n\n- Allows the Head (and other \"entrusted persons\") to share information in a number of specific ways: with Commonwealth entities, State/Territory bodies (subject to an agreement), law‑enforcement bodies, courts, and where needed to prevent serious risk to human health or the environment (see sections 20–24, 34). The Head may also disclose protected information for the Head’s functions where specified safeguards are met (section 25).  \n\n- Imposes civil penalties (enforceable under the Regulatory Powers Act) for unauthorised use or disclosure of protected EIA or departmental information by entrusted persons, and for certain secondary uses that breach conditions imposed by the Head (sections 37–39 and section 47).  \n\n- Provides for staff assistance (APS employees made available by the Secretary) and for contractors to assist the Head (sections 42–43), delegation to senior departmental officers (section 45), and an annual report and periodic independent review of the Act’s operation (sections 46 and 50).  \n\n- Allows the Minister to make rules by legislative instrument about matters the Act permits or requires to be prescribed, subject to limits (rules cannot create offences or civil penalties, cannot provide arrest/search powers, cannot appropriate money, and cannot amend the Act text) (section 51).\n\nWho is affected\n\n- The Commonwealth department that hosts the Head (staff and budget will be allocated there). The Head and the staff assisting the Head are public servants (sections 41–42).  \n\n- The Minister and the CEO of the National Environmental Protection Agency, who receive and use the Head’s information and are required to respond to State of the Environment reports (section 16) and to table statements of environmental accounts (section 17).  \n\n- Other Commonwealth entities and State or Territory bodies that supply or receive data or that hold information systems the Head may declare to be national environmental information assets (sections 14, 19, 20–21).  \n\n- Entrusted persons (the Head, APS employees assisting the Head, contractors engaged under section 43, and any other persons prescribed by rules) who will handle EIA information and are subject to the Act’s confidentiality and civil‑penalty rules (definition of \"entrusted person\" and Part 4).  \n\n- People and organisations that hold environmental data or operate data systems (including private data holders, State agencies and Commonwealth entities). The Head may request information (section 19) and may declare critical data/systems to be national environmental information assets, with publication of a register (section 14).  \n\nWhy it matters (policy intent and practical effects)\n\n- Official purpose claimed: to improve availability and accessibility of high‑quality national environmental data and to increase accountability for environmental matters through regular, comprehensive, transparent reporting (section 3).  \n\n- Mechanically, the law moves the Commonwealth from ad hoc reporting to a standing institutional arrangement: a statutory Head whose core duties include recurring public reporting (biennial State of the Environment reports) and ongoing production of environmental economic accounts (sections 12–13). Those outputs will be used by the Minister (who must set targets in response to reports at s16) and tabled in Parliament (section 17).  \n\n- The Head’s statutory independence for certain core outputs (s11) restricts ministerial direction over content of those reports/accounts. That changes who decides what information is published and reduces direct ministerial control over those specific outputs (section 11).  \n\n- The law creates both positive incentives and compliance costs: it centralises, standardises and publishes environmental data (which can help policy‑makers, researchers and markets who rely on consistent data), but it also introduces confidentiality safeguards, conditions and civil penalties for misuse of protected information (Part 4 and sections 37–39). Those penalties put legal and reputational obligations on entrusted persons and may require new internal controls in departments and among contractors.  \n\n- The Act enables broad information sharing with Commonwealth and State bodies, courts and law enforcement where necessary, and allows disclosure to avert serious health or environmental risks (sections 20–24, 34). At the same time it protects certain categories of information from careless disclosure (definition of \"protected information\" and subsections 25(1), 35(1)). Practically, that dual approach creates both pathways for coordinated action and legal guardrails against harmful release of sensitive material.  \n\nCosts, incentives and trade‑offs (what to watch for)\n\n- Who pays: the office will be funded out of the Commonwealth Budget via the hosting Department; maintaining data registers and accounts will carry ongoing administrative costs (Parts 2 and 5).  \n\n- Data holders’ incentives: because the Head can request information (s19) and can declare some systems/data as national assets (s14), custodians of data (particularly State agencies and private providers) may face additional compliance requirements or scrutiny. The Act does not itself create a coercive compulsory information‑gathering warrant (it authorises requests), but the rules or other laws could change practical expectations.  \n\n- Confidentiality and cooperation risk: the protected information rules and civil penalties (200 penalty units per breach — sections 37–39) place legal risk on entrusted persons and some Commonwealth officials who receive protected information (s38). This may incentivise stronger internal controls but could also make external parties more cautious about sharing commercially sensitive data unless protections are evident.  \n\n- Bureaucratic discretion and rule‑making: the Minister can make rules by legislative instrument on many matters relevant to the Head’s operation (s51). Rules cannot create offences, but they can prescribe who is an entrusted person and other operational detail. That creates a concentrated point of rule‑making power that could materially affect implementation without changing the Act’s text.  \n\n- Implementation risks: producing regular State of the Environment reports and internationally‑standardised environmental economic accounts requires technical capacity, interoperable data systems and consistent access to data (s12–13). Dependence on the Australian Bureau of Statistics (ABS) for assistance in accounts (s13(3)) is appropriate but means the system relies on inter‑agency cooperation.  \n\n- Effects on private enterprise and markets: the Act primarily creates public‑sector reporting infrastructure rather than direct market regulation. However, public disclosure of environmental information and the establishment of national environmental information assets (s14) could affect businesses that rely on environmental data for planning, compliance, insurance, or investment decisions. The magnitude of that effect depends on what data is declared an asset and how the Head uses disclosure powers.\n\nLegal limits and safeguards\n\n- Civil penalties are enforceable via the Regulatory Powers Act; the Head is an authorised applicant for enforcement (section 47).  \n\n- The rules cannot create criminal offences, impose taxes, or grant coercive powers such as arrest or search (section 51(2)).  \n\n- The Head must avoid including protected information in the environmental economic accounts or in statements that are required to be public (s13(2), s13(7)).\n\nSummary sentence\n\nMechanically, the Act sets up a statutorily independent Head to collect, curate, report and publish national environmental information, establishes processes for accounts and biennial State of the Environment reports, creates a register of critical environmental data assets, prescribes how that information may be shared and protected, and attaches civil penalties and governance mechanisms to guard against unauthorised disclosure (see sections 9–14, 19, Part 4, and 37–39)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing an independent environmental information and reporting function. The scope aligns with the short title and preamble—establishing the Head of Environment Information Australia and related purposes. While Part 4 contains detailed information handling provisions, these are ancillary safeguards necessary for the core function rather than scope creep. The Act does not expand into unrelated policy areas."},"complexity_factors":["Moderate length (51 sections) with structured Part/Division/Subdivision hierarchy","15 defined terms in section 5, including complex nested definitions (e.g., 'protected information' depends on 'relevant information' which depends on 'EIA information' or 'departmental information')","Extensive cross-referencing to external legislation including the Environment Protection and Biodiversity Conservation Act 1999, National Environmental Protection Agency Act 2025, Public Governance, Performance and Accountability Act 2013, Regulatory Powers (Standard Provisions) Act 2014, and Privacy Act 1988","Conditional disclosure rules in Part 4 with multiple nested exceptions (e.g., disclosure of protected information requires satisfaction of multiple cumulative conditions in sections 25 and 35)","Parallel structures for EIA information (Part 4, Division 3) and departmental information (Part 4, Division 4) creating mirrored but slightly different regulatory schemes","Civil penalty provisions (sections 37-39) with exception provisions that shift evidential burdens under the Regulatory Powers Act","Rules-making power (section 51) with explicit limitations creating negative constraints on delegated legislation"],"plain_english_summary":"This law creates a new independent environmental data and reporting body called **Environment Information Australia** (EIA), headed by a senior public servant known as the **Head of Environment Information Australia**.\n\n**What it does:**\n- **Collects and shares environmental data**: The Head gathers high-quality information about Australia's environment and makes it available to the Minister, the new National Environmental Protection Agency (NEPA), and the public.\n- **Publishes State of the Environment reports**: Every two years, the Head must publish a comprehensive report on environmental conditions and trends, including progress toward national environmental goals. These reports must incorporate scientific expertise and Aboriginal and Torres Strait Islander knowledge.\n- **Maintains environmental economic accounts**: The Head creates statistical accounts showing how the environment relates to the economy (similar to national accounts but for environmental assets), with assistance from the Australian Bureau of Statistics.\n- **Declares critical data assets**: The Head can identify and register \"national environmental information assets\"—critical datasets or systems held by governments or others that are essential for environmental protection.\n\n**Independence protections:**\nThe Head cannot be directed by the Minister, the Department Secretary, or anyone else when preparing State of the Environment reports or maintaining environmental economic accounts. This ensures these reporting functions remain independent and objective.\n\n**Minister's responsibilities:**\n- Must respond to each State of the Environment report within 6 months, setting specific environmental targets and timeframes.\n- Must table the Head's annual environmental economic account statements in Parliament.\n\n**Information handling:**\nThe Act includes detailed rules about when environmental information can be shared or must be kept confidential. \"Protected information\" (sensitive data that could harm government operations, public safety, or the environment if disclosed) has strict handling requirements. Unauthorized disclosure can result in civil penalties (fines up to 200 penalty units, currently around $66,000).\n\n**Who it affects:**\n- **Government agencies**: Commonwealth, State and Territory bodies must respond to information requests and protect shared data.\n- **The public**: Gains access to better environmental information and regular independent reporting.\n- **Businesses and individuals**: May be asked to provide environmental data; protected commercial or sensitive information receives legal safeguards.\n\n**Why it matters:**\nThis legislation addresses long-standing criticism that Australia lacks coherent, independent environmental monitoring. By separating data collection and reporting from policy-making, it aims to prevent governments from \"cherry-picking\" environmental data and ensures transparent accountability for environmental outcomes."}},"importantCases":[],"_links":{"self":"/api/acts/environment-information-australia-act-2025","history":"/api/acts/environment-information-australia-act-2025/history","analysis":"/api/acts/environment-information-australia-act-2025/analysis","conflicts":"/api/acts/environment-information-australia-act-2025/conflicts","importantCases":"/api/acts/environment-information-australia-act-2025/important-cases","documents":"/api/acts/environment-information-australia-act-2025/documents"}}