{"id":"C2025A00067","name":"Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025","slug":"environment-protection-and-biodiversity-conservation-restoration-charge-imposition-act-2025","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"67 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436454,"registerId":"C2025A00067-fast-fetch-1775953647873","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection and Biodiversity Conservation (Restoration Charge 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 (Restoration Charge Imposition) Act 2025\n\n \n\n \n\nNo. 67, 2025\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose charges relating to restoration of the environment, 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 Act binds the Crown\n\n4 Act to extend to the external Territories\n\n5 Extra‑territorial application\n\n6 Act does not impose levy on property of a State\n\n7 Definitions\n\nPart 2—Imposition and amount of charge\n\n8 Imposition of charge on grant of approvals—restoration contribution charge\n\n9 Imposition of charge on registration of priority actions—bioregional plan registration charge\n\n10 Imposition of charge on grant of exemptions—national interest exemption charge and Part 13 exemption charge\n\n11 By whom restoration contribution charge is payable\n\n12 By whom bioregional plan registration charge is payable\n\n13 By whom national interest exemption charge and Part 13 exemption charge is payable\n\n14 Amount of restoration contribution charge\n\n15 Amount of bioregional plan registration charge\n\n16 Amount of national interest exemption charge and Part 13 exemption charge\n\nPart 3—Other matters\n\n17 Review of operation of regulations\n\n18 Regulations\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nEnvironment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025\n\nNo. 67, 2025\n\n \n\n \n\n \n\nAn Act to impose charges relating to restoration of the environment, 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 Protection and Biodiversity Conservation (Restoration Charge 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\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 18 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) The Minister may, by notifiable instrument, provide that a provision covered by table item 2 applies, in relation to different matters or things, on and after different days for one or more of those matters or things.\n\n (3) 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  Act to extend to the 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 levy 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, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.\n\n7  Definitions\n\n  In this Act:\n\nbioregional plan has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\nbioregional plan registration charge means charge imposed by section 9.\n\nnational interest exemption, for an action, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\nnational interest exemption charge means charge imposed by subsection 10(1).\n\nPart 13 exemption, for an action, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\nPart 13 exemption charge means charge imposed by subsection 10(2).\n\nregistration, in relation to a priority action has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\nresidual significant impact, of an action or a class of actions, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\nrestoration contribution charge means charge imposed by subsection 8(1), (2) or (3).\n\nPart 2—Imposition and amount of charge\n\n \n\n8  Imposition of charge on grant of approvals—restoration contribution charge\n\nActions approved under Part 9\n\n (1) Charge (restoration contribution charge) is imposed on the grant of an approval of an action under subsection 133(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the action.\n\nActions approved under Part 10\n\n (2) Charge (restoration contribution charge) is imposed on the grant of an approval of an action under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the action.\n\nClasses of actions approved under Part 10\n\n (3) Charge (restoration contribution charge) is imposed on the grant of an approval of a class of actions under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the class of actions.\n\n9  Imposition of charge on registration of priority actions—bioregional plan registration charge\n\n  Charge (bioregional plan registration charge) is imposed on the registration of a priority action under subsection 177BN(7) of the Environment Protection and Biodiversity Conservation Act 1999.\n\n10  Imposition of charge on grant of exemptions—national interest exemption charge and Part 13 exemption charge\n\nNational interest exemptions\n\n (1) Charge (national interest exemption charge) is imposed on the grant of a national interest exemption for an action.\n\nPart 13 exemptions\n\n (2) Charge (Part 13 exemption charge) is imposed on the grant of a Part 13 exemption for an action.\n\n11  By whom restoration contribution charge is payable\n\n (1) Restoration contribution charge imposed on the grant of an approval of an action under subsection 133(1) of the Environment Protection and Biodiversity Conservation Act 1999 is payable by the holder of the approval.\n\n (2) Restoration contribution charge imposed on the grant of an approval of an action or a class of actions under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 is payable by the person specified in the approval as the person responsible for paying the restoration contribution charge.\n\nNote: The person might be the approval holder or a person approved to take an action under the approval concerned.\n\n12  By whom bioregional plan registration charge is payable\n\n (1) Bioregional plan registration charge imposed on the registration of a priority action is payable by the person in relation to whom to the priority action is first registered under subsection 177BN(7) of the Environment Protection and Biodiversity Conservation Act 1999.\n\n (2) Bioregional plan registration charge is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.\n\n13  By whom national interest exemption charge and Part 13 exemption charge is payable\n\n (1) National interest exemption charge imposed on the grant of a national interest exemption is payable by the person to whom the national interest exemption applies.\n\n (2) Part 13 exemption charge imposed on the grant of a Part 13 exemption is payable by the person to whom the Part 13 exemption applies.\n\n (3) Charge imposed on the granting of a national interest exemption is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.\n\n (4) Charge imposed on the granting of a Part 13 exemption is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.\n\n14  Amount of restoration contribution charge\n\n (1) The amount of restoration contribution charge is the amount (which must be greater than zero) worked out in accordance with the method prescribed by the regulations.\n\n (2) A method prescribed by the regulations for the purposes of this section may make different provision in relation to the following:\n\n (a)  different actions or different classes of actions, as the case requires;\n\n (b)  different residual significant impacts or classes of significant impacts of actions or classes of actions, as the case requires.\n\n (3) Subsections (1) and (2) of this section do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n\n15  Amount of bioregional plan registration charge\n\n (1) The amount of bioregional plan registration charge is the amount (which must be greater than zero):\n\n (a) prescribed by the regulations; or\n\n (b) worked out in accordance with the method prescribed by the regulations.\n\n (2) The amount of bioregional plan registration charge prescribed by regulations may make provision in relation to the following:\n\n (a)  different classes of priority actions;\n\n (b) different bioregional plans.\n\n (3) Subsections (1) and (2) of this section do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n\n16  Amount of national interest exemption charge and Part 13 exemption charge\n\n (1) The amount of national interest exemption charge is the amount (which must be greater than zero):\n\n (a) prescribed by the regulations; or\n\n (b) worked out in accordance with the method prescribed by the regulations.\n\n (2) The amount of Part 13 exemption charge is the amount (which must be greater than zero):\n\n (a) prescribed by the regulations; or\n\n (b) worked out in accordance with the method prescribed by the regulations.\n\nPart 3—Other matters\n\n \n\n17  Review of operation of regulations\n\n (1) The Minister must cause regular independent reviews to be undertaken of the operation of all regulations made under section 18 of this Act.\n\n (2) The first review must commence as soon as practicable after the end of the period of 24 months after the commencement of this Act.\n\n (3) Subsequent reviews must commence as soon as practicable after the end of the period of 5 years after the day on which the written report of the most recent review was given to the Minister under subsection (5).\n\n (4) The regulations may make provision for and in relation to a review including, but not limited to, prescribing the matters to be covered by the review.\n\n (5) The persons who undertake a review must give the Minister a written report of the review within the period (if any) prescribed by the regulations.\n\n (6) The Minister must publish on the Department’s website:\n\n (a)  each report of a review given to the Minister under subsection (5) as soon as practicable after the report is given to the Minister; and\n\n (b) the Commonwealth government’s response to each report of a review given to the Minister under subsection (5).\n\n18  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; 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(91/25)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act is narrowly focused on creating a charging power tied to existing decision points in the EPBC Act and on delegating the substantive rate/calculation and exemption details to regulations. It does not expand the EPBC Act’s substantive environmental decision‑making powers, create new approval categories, or specify uses for collected funds. Compared with that core purpose (imposing restoration‑related charges), the text does not show a material scope enlargement beyond its original objective of establishing charges and a regulatory/review framework."},"complexity_factors":["Short primary Act but heavy delegation: substantive details (amounts, methods, exemptions, classes) are deferred to regulations (sections 14–16, 18).","Multiple cross‑references to the EPBC Act (explicit references to subsection 133(1), subsection 146B(1), subsection 177BN(7), and Part 13), requiring users to consult that Act for key definitions and triggers.","Conditional liability rules with variation by decision type and by whether an approval is for single actions or classes of actions (sections 8–13).","Regulatory discretion to prescribe differing methods or amounts by category (e.g. different actions, residual significant impacts, bioregional plans) increases branching in application (sections 14–16).","Commencement by proclamation with ministerial power to schedule staggered commencement for different matters and a 12‑month backstop (section 2) adds timing complexity.","Definitions section is compact but relies on external definitions from the EPBC Act (section 7), increasing cross‑document navigation.","Review regime for regulations requires independent reviews on specific timelines and publication obligations, adding procedural complexity (section 17).","Exemption and exclusion powers in regulations (sections 12(2), 13(3)–(4)) introduce further conditional exceptions to liability."],"plain_english_summary":"**What this Act does, simply**\n\n- Creates a legal power to charge money (a fee/charge) when certain decisions under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) are made. It is narrowly focused on four types of charges:\n  - a **restoration contribution charge** when an approval is granted that includes a condition requiring payment for restoration relating to a residual significant impact;\n  - a **bioregional plan registration charge** when a priority action is registered under a bioregional plan;\n  - a **national interest exemption charge** when a national interest exemption is granted for an action; and\n  - a **Part 13 exemption charge** when an exemption under Part 13 (of the EPBC Act) is granted.\n\n- The Act does not set fixed dollar amounts itself. Instead it requires the amounts (or the method for calculating them) to be set in regulations. Any amount set in regulations must be greater than zero.\n\n- The Act specifies who is liable to pay each charge in general terms: usually the approval holder, the person in relation to whom a priority action is registered, or the person to whom an exemption applies. The regulations may prescribe classes of persons who are exempted from paying.\n\n- The Act gives the Governor‑General power to make regulations covering any matter the Act requires or permits, or anything necessary to implement the Act. It also requires regular independent reviews of how those regulations operate, with the first review starting after 24 months and subsequent reviews at 5‑year intervals. Review reports and the government’s responses must be published on the Department’s website.\n\n**Who is affected**\n\n- Businesses, individuals or other entities that seek or hold approvals under the EPBC Act that include restoration contribution conditions (including single approvals and class approvals).\n- Persons who register priority actions under bioregional plans.\n- Persons who are granted national interest exemptions or Part 13 exemptions under the EPBC Act.\n- The Commonwealth administration that will make and administer the regulations and commission reviews.\n\n**How it works, mechanically**\n\n- The Act imposes liability at the point the relevant EPBC decision is made (grant of approval, registration of a priority action, or grant of an exemption). The textual trigger links directly to specified EPBC Act provisions (for example, subsection 133(1), subsection 146B(1), subsection 177BN(7)).\n- The person required to pay varies by the type of decision: usually the approval holder or the person named in the approval, the first registered person for a priority action, or the person to whom an exemption applies. Regulations can carve out exemptions from payment for particular persons or classes.\n- Amounts must be set by regulation either as fixed amounts or by a prescribed calculation method. The regulations may vary amounts or methods by class of action, class of residual impact, bioregional plan, or other categories the regulations provide for.\n- The Act contains administrative features: commencement by proclamation (with a 12‑month backstop), extra‑territorial application, an express clause that it does not impose a tax on State property, and it binds States/territories (but not the Crown in right of the Commonwealth).\n\n**Why it matters (claimed purpose, and the trade‑offs to test that claim)**\n\n- Claimed purpose (text of the Act): to impose charges relating to environmental restoration. That is, the legal instrument creates a mechanism for the Commonwealth to collect money when particular EPBC decisions are made that involve residual significant impacts or other listed decision types.\n\n- Who pays and who decides: the immediate cost is placed on approval‑holders, persons registering priority actions, or exemption recipients (sections 11–13). The Commonwealth (through regulations) decides how much is charged, whether particular persons or classes are exempt, and the methods for calculating charges (sections 14–16, 18).\n\n- Incentives and behaviour: by increasing the direct cost of approvals or exemptions, the charges change the private economics of proposed actions. That can encourage some proponents to avoid actions that trigger charges, change project design to reduce residual impacts, or seek to structure transactions to shift liability. The Act leaves those behavioural responses dependent on the eventual regulatory design (amounts and calculation method).\n\n- Costs and distribution: costs are concentrated on proponents and persons listed as liable. Those costs can be passed through in contracts or prices, depending on market circumstances. The Act does not itself specify how collected funds must be used (no destination or hypothecation is set out in the text), so the public benefit side depends on later regulation, appropriation or administrative practice.\n\n- Trade‑offs and risks:\n  - Implementation risk and uncertainty: the Act delegates almost all substantive detail (amounts, calculation, exemptions) to regulations. Until the regulations are made, parties cannot reliably predict liability or quantify costs.\n  - Administrative and compliance burden: the mechanism will create new payment obligations and administration for regulators and payers (invoicing, collection, possible dispute processes provided by regulation or administrative practices).\n  - Discretion and delegation: wide regulatory power to set methods, amounts and exemptions concentrates policy choices in delegated instruments rather than primary legislation. That increases flexibility but also raises the importance of regulatory design and review.\n  - Potential for substitution effects: proponents may seek alternate approvals pathways, reconfigure projects, or pursue offsets or avoidance strategies; the Act’s effect on overall environmental outcomes depends on regulatory settings and enforcement.\n\n**Other practical points**\n\n- The Act is tightly scoped to imposing charges and setting up a review regime for its regulations. It does not itself set formulas, rates, or fund allocation rules — those will appear in regulations or other instruments.\n- The Act expressly does not bind the Commonwealth as Crown and does not impose a tax on State property (sections 3 and 6). It applies to external Territories and extraterritorially to acts/omissions outside Australia (sections 4–5).\n\n(References: sections cited are to the Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purpose of imposing charges relating to environmental restoration. It establishes three specific charging mechanisms tied to EPBC Act processes, with appropriate safeguards, delegation to regulations for operational detail, and review mechanisms. No significant scope creep is evident."},"complexity_factors":["Heavy reliance on delegated legislation: All dollar amounts and calculation methods are left to regulations, meaning the Act is essentially a framework with no operational detail","7 defined terms in section 7, all referencing definitions in the EPBC Act 1999, creating cross-statutory dependency","Multiple conditional triggers for charges (e.g., 'if a condition of the approval requires the payment'), creating nested dependencies on approval conditions","Three distinct charge types with subtly different liability rules and exemption provisions","Regulation-making powers in sections 12(2), 13(3), 13(4), 14, 15, 16, and 17(4)-(5) create significant secondary lawmaking authority","Review mechanism in section 17 adds procedural complexity with specific timing requirements (24 months, 5-year cycles)","Commencement provisions involve proclamations and fallback timing, with ministerial discretion for staggered application"],"plain_english_summary":"**What this law does**\n\nThis Act creates three new charges (essentially fees) that certain businesses and organisations must pay when they get environmental approvals or exemptions under Australia's main environmental law, the *Environment Protection and Biodiversity Conservation Act 1999* (the EPBC Act).\n\n**The three charges are:**\n\n1. **Restoration contribution charge** – Paid when someone gets approval for a project that will still have a \"residual significant impact\" on the environment (meaning some environmental damage remains even after they've tried to avoid or minimise it). This applies to individual project approvals and broader class approvals.\n\n2. **Bioregional plan registration charge** – Paid when a \"priority action\" is registered under a bioregional plan (a regional environmental management plan). This is essentially a fee for registering certain activities in sensitive environmental regions.\n\n3. **National interest exemption charge** and **Part 13 exemption charge** – Paid when someone gets an exemption from normal environmental rules because their project is in the \"national interest\" or falls under specific emergency/national security provisions (Part 13 of the EPBC Act).\n\n**Who pays**\n\n- **Restoration contribution charge**: The approval holder or the person named in the approval as responsible for payment.\n- **Bioregional plan registration charge**: The person registering the priority action (though regulations can exempt certain people).\n- **Exemption charges**: The person receiving the exemption (though regulations can exempt certain people).\n\n**How much**\n\nThe Act doesn't set dollar amounts. Instead, it says the charges must be:\n- Greater than zero\n- Set by regulations (rules made by the Governor-General on ministerial advice)\n- Calculated using methods prescribed in those regulations\n\nThe regulations can set different amounts for different types of projects, impacts, or regions.\n\n**Why it matters**\n\nThis law establishes a funding mechanism for environmental restoration. The idea is that if a project damages the environment and that damage can't be fully avoided or offset on-site, the proponent pays into a fund that goes toward broader environmental repair. It essentially puts a price on residual environmental harm and creates a revenue stream for fixing damaged ecosystems.\n\n**Other key features**\n\n- The law binds the States (meaning state governments may have to pay if they undertake activities requiring these approvals), but not the Commonwealth itself.\n- It applies to Australia's external territories and to actions outside Australia (extra-territorial application).\n- It cannot tax state property (a constitutional protection).\n- Regular independent reviews of the regulations are required, starting 2 years after commencement and then every 5 years."},"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-restoration-charge-imposition-act-2025","history":"/api/acts/environment-protection-and-biodiversity-conservation-restoration-charge-imposition-act-2025/history","analysis":"/api/acts/environment-protection-and-biodiversity-conservation-restoration-charge-imposition-act-2025/analysis","conflicts":"/api/acts/environment-protection-and-biodiversity-conservation-restoration-charge-imposition-act-2025/conflicts","importantCases":"/api/acts/environment-protection-and-biodiversity-conservation-restoration-charge-imposition-act-2025/important-cases","documents":"/api/acts/environment-protection-and-biodiversity-conservation-restoration-charge-imposition-act-2025/documents"}}