{"id":"F2024L00875","name":"PGPA Act Determination (Reef Trust Special Account 2024)","slug":"pgpa-act-determination-reef-trust-special-account-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442491,"registerId":"F2024L00875-fast-fetch-1775957476561","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Reef Trust Special Account 2024)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPGPA Act Determination (Reef Trust Special Account 2024)\n\nI, KATY GALLAGHER, Minister for Finance, make the following determination.\n\nDated           01   /   07      / 2024\n\nKATY GALLAGHER\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Establishment\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Establishment of the special account\n\n6  Accountable authority responsible for the special account\n\nPart 2—Special account credits and debits\n\n7  Amounts that may be credited to the special account\n\n8  Purposes of the special account\n\nPart 3—Transitional, revocation and repeal provisions\n\n9  Opening balance of the special account\n\n10  Revocation of Reef Trust instrument\n\n11  Additional repeal provisions\n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Reef Trust Special Account 2024).\n\n2  Commencement\n\n (1) Each provision of this instrument 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| Column 1 | Column 2 | Column 3 |\n| --- | --- | --- |\n| Provisions | Commencement | Date/Details |\n| The whole of this instrument | The day mentioned in paragraph 79(5)(a) of the Act. |  |\n\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nenvironment has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999.\n\nGreat Barrier Reef World Heritage Area has the meaning given by the Great Barrier Reef Marine Park Act 1975.\n\nReef Trust instrument means the PGPA Act (Reef Trust Special Account 2014) Determination 01.\n\nReef Trust special account 2014 means the Reef Trust Special Account 2014 established by the Reef Trust instrument.\n\nthe Department means the Department of Climate Change, Energy, the Environment and Water.\n\nthe special account means the Reef Trust Special Account 2024 established by this instrument.\n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Reef Trust Special Account 2024 is established as a special account.\n\n6  Accountable authority responsible for the special account\n\n  For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.\n\nPart 2—Special account credits and debits\n\n \n\n7  Amounts that may be credited to the special account\n\n  For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:\n\n(a)      amounts received by the Commonwealth that are paid by persons for the purpose of compliance with a condition attached to an approval under the Environment Protection and Biodiversity Conservation Act 1999; or\n\n(b)      amounts received by the Commonwealth from other governments or persons that are not Commonwealth entities, for the purposes of the special account.\n\n8  Purposes of the special account\n\nFor paragraph 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n\n(a)      to make payments for projects to improve water quality and improve the health and resilience of the coastal habitat in the Great Barrier Reef World Heritage Area;\n\n(b)      to make payments for projects to address threats to the environment of the Great Barrier Reef World Heritage Area;\n\n(c)      to make payment for projects to protect, repair or mitigate damage to the Great Barrier Reef World Heritage Area;\n\n(d)      to make payments for projects that improve and protect marine biodiversity of the Great Barrier Reef World Heritage Area including the protection of listed threatened species and communities, and listed migratory species under the Environment Protection and Biodiversity Conservation Act 1999; \n\n(e)      to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment; or\n\n(f)       to repay amounts where a court order,  Act or other law requires or permits the repayment of an amount received.\n\nPart 3—Transitional, revocation and repeal provisions\n\n \n\n9  Opening balance of the special account\n\n(1)    For paragraph 78(1)(b) of the Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.\n\n(2)    The opening balance is equal to the amount standing to the credit of the Reef Trust special account 2014 immediately prior to the commencement of this instrument.\n\n10  Revocation of Reef Trust instrument\n\n  For subsection 78(3) of the Act, the Reef Trust instrument is revoked.\n\n11  Additional repeal provisions\n\n(1)    For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the Reef Trust instrument under section 10 (date of repeal).\n\n(2)    For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:\n\n(a)    definition of Reef Trust instrument;\n\n(b)    definition of Reef Trust special account 2014.\n\n(3)    Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n \n","sortOrder":0}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"This instrument replaces and revokes the 2014 Reef Trust instrument (s10) and transfers the prior account's balance into the new account as its opening balance (s9). The stated purposes for debiting the account are set out within the instrument (s8) and do not, on their face, expand or narrow scope beyond continuing reef‑protection project funding and related repayment mechanics."},"complexity_factors":["Small, single-purpose administrative instrument with limited operative provisions (establishment, credits, debits, transitional)","Cross-references to primary legislation (PGPA Act s78) and environmental statutes (EPBC Act, Great Barrier Reef Marine Park Act) create legal dependency","Transitional mechanics: transfer of opening balance from the 2014 account (s9) and revocation with time‑limited repeal provisions (ss10–11)","Accountability and discretion concentrated in one accountable authority (Secretary of the Department) determining expenditure (s6, s8)","A technical debit purpose allowing reduction of the account balance without a real payment (s8(e)) introduces an accounting nuance"],"plain_english_summary":"It establishes the Reef Trust Special Account 2024, managed by the Secretary of the Department of Climate Change, Energy, the Environment and Water, and revokes the 2014 Reef Trust account. Funds come from persons paying amounts tied to EPBC Act approval conditions and from other governments or non‑Commonwealth contributors, and may be spent on projects to improve water quality, protect and repair the Great Barrier Reef World Heritage Area and its marine biodiversity, or to reduce or repay the account balance (ss5–11)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-establishment of an existing special account. The 2024 determination replaces the 2014 version with essentially identical scope — funding Reef protection through the same mechanisms. The purposes listed in section 8 mirror the original intent of creating a dedicated funding mechanism for Great Barrier Reef conservation. No significant scope creep is evident."},"complexity_factors":["Short instrument: only 11 sections across 3 Parts","Minimal defined terms: only 6 definitions in section 4, most referencing external legislation rather than creating new concepts","Straightforward structure: establishment, credits/debits, transitional provisions","Limited conditional logic: primarily permissive ('may') rather than mandatory ('must') with nested conditions","Single cross-reference dependency: relies on the PGPA Act 2013 framework but doesn't create complex interlocking provisions","Simple transitional mechanics: rolling over balance from 2014 account and self-repealing Part 3 after 7 days"],"plain_english_summary":"This law creates the Reef Trust Special Account 2024 — a dedicated, legally controlled Commonwealth fund to finance projects that protect and restore the Great Barrier Reef. It channels compensation/offset payments linked to environmental approvals and voluntary contributions from states, other countries or donors into a ring‑fenced pot.\n\nManaged by the Secretary of the Department of Climate Change, Energy, the Environment and Water, the account improves transparency and co‑investment for water quality, habitat repair, species protection and other Reef conservation work."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-reef-trust-special-account-2024","history":"/api/acts/pgpa-act-determination-reef-trust-special-account-2024/history","analysis":"/api/acts/pgpa-act-determination-reef-trust-special-account-2024/analysis","conflicts":"/api/acts/pgpa-act-determination-reef-trust-special-account-2024/conflicts","importantCases":"/api/acts/pgpa-act-determination-reef-trust-special-account-2024/important-cases","documents":"/api/acts/pgpa-act-determination-reef-trust-special-account-2024/documents"}}