{"id":"C2025A00065","name":"Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Act 2025","slug":"environment-protection-and-biodiversity-conservation-excise-charges-imposition-act-2025","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"65 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436449,"registerId":"C2025A00065-fast-fetch-1775953645522","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection and Biodiversity Conservation (Excise 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 (Excise Charges Imposition) Act 2025\n\nNo. 65, 2025\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose charges that are duties of excise 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 (Excise Charges Imposition) Act 2025\n\nNo. 65, 2025\n\n \n\n \n\n \n\nAn Act to impose charges that are duties of excise 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 (Excise 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 excise 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(92/25)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is narrowly framed to create a regulation‑making power allowing excise‑character charges tied to administration of the EPBC Act, subject to a cost‑recovery limit and constitutional constraints. It does not expand substantive environmental regulation or create new regulatory duties itself; it leaves detailed scope, liable parties and amounts to the regulations. On the face of the text, the instrument does not grow significantly beyond that purpose."},"complexity_factors":["Short Act with 10 sections — limited statutory text and no long schedules","Primary operation depends on regulations (heavy delegation to subordinate law) (s7, s10)","Cross-references to external instruments and constitutional provisions: EPBC Act, Constitution s55 (duty of excise) and s114 (meaning of State property) (s7(4), s6)","Ministerial satisfaction requirement about cost recovery introduces an evidentiary/administrative condition but no detailed statutory test (s8(2))","Commencement by proclamation with a 12‑month fallback creates a timing contingency (s2)","Permitted exemptions add conditionality at the regulatory level (s9)","Extra‑territorial application and extension to external Territories add potential jurisdictional complexity (s4, s5)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Lets the Government make regulations that impose charges (fees) that are treated as duties of excise in relation to matters connected with administering the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). (s7)\n- The regulations can specify fixed amounts or methods for calculating those charges. (s8(1))\n- Before the Governor‑General adopts a regulation imposing such a charge, the responsible Minister must be satisfied the charge is set to recover no more than the Commonwealth’s likely costs connected with the matter. (s8(2))\n- The regulations may also create exemptions from those charges. (s9)\n- The Governor‑General makes the detailed regulations. (s10)\n- The Act applies to external Territories and can apply to acts or omissions outside Australia. (s4, s5)\n- The Act binds the Crown in right of the States and the Territories, but not the Commonwealth; and it does not impose a tax on State property (consistent with the Constitution). (s3, s6)\n\nWho is affected and who decides\n\n- Who pays: whoever is identified in the later-made regulations as liable for a prescribed charge — likely people or businesses who engage in specified EPBC-related administrative processes (for example, applicants, permit‑holders or other regulated parties). The Act itself does not list payers; the regulations will. (s7, s10)\n- Who decides: the executive makes the rules — the Governor‑General, acting on regulations made under this Act, and the responsible Minister must certify the cost‑recovery limit before those regulations are made. (s8(2), s10)\n\nWhy it matters (official rationale and practical effects)\n\n- The stated mechanism is to enable cost recovery for administering parts of the EPBC regime by treating those recoveries as excise charges when they fall within the constitutional category of duties of excise. (s7, s8)\n- Mechanically, the Act does not itself set new permit conditions or environmental duties; it creates a power to impose monetary charges by regulation and constrains those charges to be no more than likely Commonwealth costs for the relevant matter. (s7, s8(2))\n\nPractical consequences, trade‑offs and implementation risks (analyst lens)\n\n- Direct financial effect: once regulations are made, regulated persons will pay charges set in those regulations; private parties transacting with the EPBC administrative system will face higher direct compliance costs (s7, s8). The Act does not specify which transactions will be charged — that choice is left to regulation. (s7, s10)\n- Concentration of benefits and diffusion of costs: the Government (Commonwealth) gains a revenue/cost‑recovery stream concentrated in the regulator; costs are dispersed across persons required to use EPBC administrative services. (s7, s8)\n- Incentives and behaviour: higher charges can change private behaviour (fewer applications, different timing, or seeking alternative compliance routes). The Act permits exemptions, which regulators can use to protect particular classes from charges (s9).\n- Competitive and productivity effects: if charges fall on businesses that compete in affected sectors (e.g., developers, miners, consultants), they raise business costs and may affect prices and investment decisions; the magnitude depends on which matters are charged and the level of charges set in regulation. (s7, s8)\n- Administrative discretion and accountability: the power to prescribe the matters and amounts in regulations centralises decision‑making in the executive (Governor‑General/Minister), subject to the Minister’s cost‑recovery satisfaction requirement. That requirement is a precondition but does not prescribe a detailed procedure for calculating ‘‘likely costs’’, leaving room for administrative judgment. (s8(2))\n- Constitutional and legal constraints: the Act limits its own reach by saying a charge is imposed only to the extent it is a duty of excise under section 55 of the Constitution. That operates as a legal boundary on what the regulations can validly treat as excise. Also, section 6 preserves the constitutional protection for State property. (s7(4), s6)\n- Implementation risk: the regulations will determine practical effect. Key risks include litigation over whether a prescribed charge is constitutionally an excise, disputes about how ‘‘likely Commonwealth costs’’ were calculated, and political or administrative delay because the main provisions commence by proclamation within 12 months if not proclaimed earlier. (s2, s7(4), s8(2))\n- Compliance burden: regulated parties may face new record‑keeping and payment obligations once regulations are in force; exemptions (s9) can limit burdens for some groups.\n\nSource claims vs mechanical effect\n\n- The explanatory materials likely present the Act as enabling cost recovery for EPBC administration. Mechanically, the Act grants regulation‑making power to impose excise‑character charges, constrains them to recover up to likely Commonwealth costs, allows exemptions, and leaves detailed design to regulations. The real operational impact depends entirely on the content of those regulations. (s7, s8, s9, s10)\n\nKey sections to look at when the regulations are published\n\n- Which specific \"matters\" are prescribed and who is liable (s7);\n- How the charge amounts are calculated or set (s8(1));\n- The Government’s method and evidence for the Minister’s cost‑recovery satisfaction (s8(2));\n- Any exemptions and their scope (s9);\n- Constitutional advice on whether a particular charge is a duty of excise (s7(4))."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears tightly scoped to its original purpose. It is a standard 'imposition' or 'machinery' act that provides constitutional authority for cost-recovery charges related to EPBC Act administration. There is no evidence of scope creep — the Act does not expand into substantive environmental regulation, enforcement, or policy matters beyond the narrow fiscal mechanism of imposing charges."},"complexity_factors":["Very short statute (only 10 sections)","Minimal defined terms (only one explicit definition in section 6(2) referencing the Constitution)","Heavy reliance on delegated legislation — actual charges, amounts, calculations, and exemptions are all left to future regulations rather than specified in the Act","Single constitutional safeguard (section 7(4)) ensuring charges qualify as 'duties of excise' under section 55 of the Constitution","Simple conditional logic: only one substantive condition (section 8(2) requiring ministerial satisfaction on cost-recovery)","No nested exceptions or complex cross-referencing within the Act itself"],"plain_english_summary":"This law creates a framework for the government to charge fees (called 'excise charges') to help pay for running Australia's main environmental protection law, the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act).\n\n**What it does:**\n- **Allows the government to set charges** through regulations (rules made by the Governor-General on ministerial advice) for activities connected to administering the EPBC Act. This could include things like application fees for environmental approvals, permits, or assessments.\n- **Limits what can be charged**: The Minister must be satisfied that any charge only recovers the Commonwealth's actual costs — it can't be a money-making exercise.\n- **Defines the legal nature of charges**: These are specifically structured as 'duties of excise' (a type of tax on goods or activities) to fit within the Constitution's rules about how the federal government can raise revenue.\n\n**Who it affects:**\n- **Businesses and individuals** who need approvals, permits, or services under the EPBC Act — they may have to pay these charges.\n- **State governments**: The law binds the Crown in right of the States (meaning states must follow it), but explicitly protects state property from being taxed.\n\n**Why it matters:**\nThis is a **machinery provision** — it doesn't set actual dollar amounts or specific fees itself. Instead, it gives the government legal authority to create those fees later through regulations. Without this law, the government might lack constitutional authority to impose certain cost-recovery charges for environmental administration.\n\n**Key features:**\n- **Cost-recovery only**: Section 8 requires charges to be set at levels that recover 'no more than' the Commonwealth's likely costs.\n- **Flexible structure**: Multiple charges can apply to one matter, or one charge can cover multiple matters.\n- **Broad reach**: Applies across Australia, including external territories (like Christmas Island) and to activities outside Australia.\n- **Exemptions possible**: Regulations can provide exemptions from charges."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-and-biodiversity-conservation-excise-charges-imposition-act-2025","history":"/api/acts/environment-protection-and-biodiversity-conservation-excise-charges-imposition-act-2025/history","analysis":"/api/acts/environment-protection-and-biodiversity-conservation-excise-charges-imposition-act-2025/analysis","conflicts":"/api/acts/environment-protection-and-biodiversity-conservation-excise-charges-imposition-act-2025/conflicts","importantCases":"/api/acts/environment-protection-and-biodiversity-conservation-excise-charges-imposition-act-2025/important-cases","documents":"/api/acts/environment-protection-and-biodiversity-conservation-excise-charges-imposition-act-2025/documents"}}