{"id":"C2025A00064","name":"Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025","slug":"environment-protection-and-biodiversity-conservation-customs-charges-imposition-act-2025","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"64 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436447,"registerId":"C2025A00064-fast-fetch-1775953645499","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection and Biodiversity Conservation (Customs Charges Imposition) 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 Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025\n\nNo. 64, 2025\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose charges that are duties of customs in relation to matters connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Act binds the Crown\n\n4 Extension to external Territories\n\n5 Extra‑territorial application\n\n6 Act does not impose tax on property of a State\n\n7 Imposition of charges\n\n8 Matters relating to amount of charges\n\n9 Exemptions from charges\n\n10 Regulations\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nEnvironment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025\n\nNo. 64, 2025\n\n \n\n \n\n \n\nAn Act to impose charges that are duties of customs in relation to matters connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes\n\n[Assented to 1 December 2025]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Environment Protection and Biodiversity Conservation (Customs Charges Imposition) 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. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day after this Act receives the Royal Assent. 2 December 2025\n- 2. Sections 3 to 10 A day or days to be fixed by one or more Proclamations.However, if any of the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.\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  Act binds the Crown\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.\n\n4  Extension to external Territories\n\n  This Act extends to the external Territories.\n\n5  Extra‑territorial application\n\n  This Act extends to acts, omissions, matters and things outside Australia.\n\n6  Act does not impose tax on property of a State\n\n (1) This Act does not impose a tax on property of any kind belonging to a State.\n\n (2) In this section:\n\nproperty of any kind belonging to a State has the same meaning as in section 114 of the Constitution.\n\n7  Imposition of charges\n\n (1) The regulations may prescribe a charge in relation to a prescribed matter connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999 or regulations made under that Act.\n\n (2) Charges prescribed under subsection (1) are imposed as taxes.\n\n (3) Two or more charges may be prescribed in relation to the same matter, and a single charge may be prescribed in relation to 2 or more matters.\n\n (4) This section imposes a charge only so far as that charge is a duty of customs within the meaning of section 55 of the Constitution.\n\n8  Matters relating to amount of charges\n\n (1) The regulations may prescribe a charge under subsection 7(1):\n\n (a) by specifying an amount as the charge; or\n\n (b) by specifying a method for calculating the amount of the charge.\n\n (2) Before the Governor‑General makes a regulation under subsection 7(1) prescribing a charge in relation to a matter, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the matter.\n\n9  Exemptions from charges\n\n  The regulations may provide for exemptions from a charge prescribed under subsection 7(1).\n\n10  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the regulations; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to 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(95/25)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a new Act with a tightly focused purpose: creating a constitutional vehicle for customs charges related to environmental administration. It has not grown beyond its original intent because it is the original intent — a narrow, technical statute designed to satisfy section 55 of the Constitution by separating customs duty imposition from the substantive environmental regulatory framework."},"complexity_factors":["Very short statute — only 10 sections spanning approximately 3 pages","Minimal defined terms — only one defined term in section 6(2) ('property of any kind belonging to a State')","Heavy reliance on delegated legislation — sections 7, 8, 9 and 10 all defer substantive content to future regulations, meaning the real complexity will appear in subordinate instruments","Single cross-reference to external legislation (Environment Protection and Biodiversity Conservation Act 1999) and one constitutional reference (section 55)","Simple conditional logic — only one substantive condition (section 8(2) requiring Ministerial satisfaction about cost recovery)","No nested exceptions or complex temporal provisions"],"plain_english_summary":"This law creates a legal framework for charging fees (called 'customs charges') on certain activities related to environmental protection and biodiversity conservation.\n\n**What it does:**\n- Allows the government to create regulations that impose charges on matters connected with the **Environment Protection and Biodiversity Conservation Act 1999** (Australia's main national environmental law)\n- These charges are technically classified as **duties of customs** (taxes on goods imported into or exported from Australia) to satisfy constitutional requirements\n- The charges must be designed to recover costs only — they cannot be used to make a profit\n\n**Who it affects:**\n- Businesses and individuals who engage in activities regulated under the national environmental law, particularly those involving international trade (imports/exports) that have environmental impacts\n- Examples might include: importing wildlife, exporting biological specimens, or activities requiring environmental permits that cross international borders\n\n**Why it matters:**\n- It ensures the government can recover the costs of administering environmental regulations without using general taxpayer money\n- It creates a 'user pays' system where those who use environmental regulatory services bear the costs\n- The law is carefully drafted to avoid constitutional problems — section 55 of the Constitution requires that laws imposing customs duties must deal *only* with customs duties, which is why this is a separate, short Act rather than being bundled into the main environmental law\n\n**Key limitations:**\n- The actual amounts and specific activities charged are left to future regulations (this is just the enabling law)\n- Charges cannot be imposed on state government property\n- The law applies across Australia and its external territories, and even to activities outside Australia where relevant"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act is narrowly drafted as an enabling power to impose customs‑style charges connected to EPBC administration; it does not broaden EPBC substantive obligations or introduce non‑customs tax measures. It remains within the original apparent purpose — to allow cost‑recovery at the border for EPBC‑connected administration — and does not materially expand scope beyond that enabling objective. The main substantive choices (which matters are charged, who pays, amounts, and exemptions) are left to regulations rather than being added to the Act itself."},"complexity_factors":["Short statutory text but heavy reliance on subordinate regulations (s7, s8, s9, s10).","Constitutional cross‑reference restricting power to duties of customs (s7(4)) — requires legal characterisation of charges.","Administrative conditionality: Minister’s satisfaction about 'likely costs' before making regulations (s8(2)) introduces discretionary, evidentiary requirements.","Multiple jurisdictional clauses (binds States/Territories, excludes Commonwealth Crown, extends to external Territories, extra‑territorial application) (ss3–5).","Flexible charging methods allowed (fixed amounts or formulae) requiring operational detail in regulations (s8(1)).","Exemption power in regulations creates nested policy choices and potential for targeted carve‑outs (s9).","Commencement by proclamation with a 12‑month fallback (s2) — timing uncertainty for implementation.","Few defined terms in the Act itself but heavy cross‑reference to the EPBC Act and constitutional terms increases interpretive work. "],"plain_english_summary":"**What this Act does (mechanically)**\n\n- The Act allows the Governor‑General, by regulation, to impose charges that operate as duties of customs for matters connected with administering the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) (see s7 and s10).\n\n- The regulations can specify a fixed amount or a method for calculating each charge (s8(1)). Before a regulation that prescribes a charge is made, the responsible Minister must be satisfied that the charge is set to recover no more than the Commonwealth’s likely costs in connection with the relevant matter (s8(2)).\n\n- The regulations may also create exemptions from prescribed charges (s9).\n\n- The Act is an enabling statute: it does not itself set any charges or amounts. The substantive details (what is charged, who is charged, amounts, exemptions, and operational rules) will be set out in regulations made under the Act (s10).\n\n- The Act applies extra‑territorially, extends to external Territories, binds State and Territory Crowns but not the Commonwealth Crown, and does not impose a tax on State property (ss3–6).\n\n**Who this affects**\n\n- Importers and other parties subject to duties of customs at the border, where the imported goods or border activity intersect with matters connected to administration of the EPBC Act. Because the charges are framed as duties of customs, they will typically be collected in the customs/port entry context (s7).\n\n- Businesses and individuals who rely on EPBC‑related regulatory services that might be linked to customs processing (for example, import permits, assessments, or compliance checks conducted at the border), to the extent regulations tie charges to those services.\n\n- The Commonwealth executive (Ministers and the agency administering the EPBC Act and customs processes), because they decide the content of the regulations and must certify the cost‑recovery standard (s8(2)).\n\n**Why it matters (stated purpose and what that implies mechanically)**\n\n- The stated mechanism is cost recovery: regulations may impose charges designed to recover the Commonwealth’s likely costs in connection with EPBC‑related matters at the border (s8(2)).\n\n- Mechanically, this shifts the financing of specified EPBC administrative activities at the border from general revenue to user charges collected as customs duties. The effect depends entirely on how the regulations are drawn (what matters are prescribed, who is exempted, and how amounts are calculated).\n\n**Practical implications, trade‑offs and implementation issues**\n\n- Regulatory dependency: No immediate change to border practice until regulations are made. The Act only creates the power to impose customs duties tied to EPBC administration; the concrete scope and cost impact will be in the regulations (s7, s10).\n\n- Legal/constitutional constraint: The Act explicitly limits charges to the extent they are “duties of customs” under the Constitution (s7(4)). That creates a legal boundary — only charges that properly qualify as customs duties may be imposed under this power, which can produce litigation or require careful drafting.\n\n- Cost‑recovery test and discretion: The Minister must be satisfied that charges are set to recover no more than the Commonwealth’s likely costs (s8(2)). That requires an administrative exercise to estimate ‘likely costs’ and record the satisfaction. The test places an upper bound but does not prescribe a methodology, leaving room for administrative judgment and potential contest about what constitutes recoverable costs.\n\n- Compliance and business costs: If regulations prescribe charges collected at customs, importers will face additional per‑entry or per‑transaction costs. Those costs can affect trade decisions, prices, or routing (for example, if charges attach to particular goods or to goods requiring EPBC assessments).\n\n- Exemption rules: The regulations may exempt classes of persons or transactions (s9). Who is exempted will concentrate benefits (for exempted groups) and spread costs across remaining payers; the specifics will determine incidence and competitive effects.\n\n- Administrative implementation: Customs systems must be adapted to identify prescribed matters, calculate charges (if method‑based), collect payments, and apply exemptions. That may require operational changes and systems integration between the EPBC administration and customs processes.\n\n- Accountability and transparency: Because the Act delegates essential design to regulations, public scrutiny of charge levels, cost bases, and exemption criteria depends on regulatory drafting and explanatory material. The Minister’s written basis for the ‘likely costs’ finding will be a key accountability document.\n\n**Key statutory references (mechanical points)**\n\n- Power to prescribe charges as customs duties: section 7.\n- How amounts may be set and the Minister’s cost‑recovery requirement: section 8.\n- Power to create exemptions: section 9.\n- Regulation‑making power: section 10.\n- Application to States, Territories, extra‑territorial reach, and tax‑on‑State property limit: sections 3–6.\n\n**Bottom line**\n\nThis Act is a narrow enabling law that authorises the Commonwealth to create, by regulation, customs‑type charges tied to the administration of the EPBC Act at the border. The statute sets two important constraints: charges must be within the constitutional concept of customs duties (s7(4)) and must be set so they do not recover more than the Commonwealth’s likely costs (s8(2)). The actual economic and practical effects depend entirely on the content of the regulations that follow."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-and-biodiversity-conservation-customs-charges-imposition-act-2025","history":"/api/acts/environment-protection-and-biodiversity-conservation-customs-charges-imposition-act-2025/history","analysis":"/api/acts/environment-protection-and-biodiversity-conservation-customs-charges-imposition-act-2025/analysis","conflicts":"/api/acts/environment-protection-and-biodiversity-conservation-customs-charges-imposition-act-2025/conflicts","importantCases":"/api/acts/environment-protection-and-biodiversity-conservation-customs-charges-imposition-act-2025/important-cases","documents":"/api/acts/environment-protection-and-biodiversity-conservation-customs-charges-imposition-act-2025/documents"}}