Establishes a new statutory position — the Head of Environment Information Australia (the Head) — as a Senior Executive Service (SES) employee in the Department (see sections 9 and 41).
Gives the Head a defined set of functions: provide the Minister, the National Environmental Protection Agency CEO and the public with high‑quality environmental information; prepare and publish State of the Environment reports every two years; create and maintain environmental economic accounts and prepare annual statements of those accounts; and declare "national environmental information assets" (see section 10; sections 12–14).
Protects the Head's independence for particular tasks: the Head cannot be directed by the Secretary, Minister or anyone else when preparing State of the Environment reports and when establishing/maintaining environmental economic accounts (section 11).
Allows the Head to request information or documents from any person or body to perform the Head's functions (section 19).
Sets rules for how information generated or obtained under the Act ("EIA information") and related departmental information may be used and disclosed, including specific permitted disclosures (to Commonwealth entities, state bodies, law enforcement, to prevent serious risk to health or the environment, and for the Head's functions) and conditions for sharing protected information (sections 20–36).
Creates civil penalties (200 penalty units) for unauthorised use or disclosure of protected information by entrusted persons or certain officials, and for breaching conditions imposed when protected information is disclosed (sections 37–39). Enforcement is via the Regulatory Powers Act (section 47).
The Environment Information Australia Act 2025 establishes the statutory position of Head of Environment Information Australia as an SES employee within the Department of Climate Change, Energy, the Environment and Water. Section 9 creates the position. The Act transfers responsibility for preparing and publishing State of the Environment reports from the Minister to the Head, with the first such report required no later than 15 December 2028 under the transitional provisions in Schedule 3 to the Environment Protection Reform Bill 2025. It introduces requirements for the Head to establish and maintain environmental economic accounts in accordance with the Fundamental Principles of Official Statistics, and to prepare annual statements summarising those accounts for tabling in Parliament. Section 14 empowers the Head to declare data, information or data systems held by Commonwealth entities, State or Territory government bodies or other persons as national environmental information assets where they are critical to matters within the functions of the Minister under national environmental law or the CEO of the National Environmental Protection Agency. Consequential amendments in Schedule 3, Part 1 of the related Reform Bill update Part 21 of the Environment Protection and Biodiversity Conservation Act 1999 to reflect the transfer of reporting functions. The Act does not amend the core approval or assessment provisions of the EPBC Act but supports improved data availability for those processes. It creates a framework for information gathering under section 19 and detailed rules governing use and disclosure of EIA information and departmental information in Part 4. The Act commences on 1 July 2026, at the same time as the National Environmental Protection Agency Act 2025, and does not commence if that Act does not commence. It binds the Crown in all capacities and extends to every external Territory.
Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
Part of a package of 7 bills to implement the recommendations of the 2020 Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (the Samuel Review), the bill establishes the statutory position of the Head of Environment Information Australia to provide access to, assess and report on environmental information and data.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
30 Oct 2025
Second reading moved
30 Oct 2025
Second reading debate
04 Nov 2025
Second reading debate
05 Nov 2025
Second reading debate
06 Nov 2025
Second reading agreed to
06 Nov 2025
Third reading agreed to
06 Nov 2025
Senate
Introduced and read a first time
24 Nov 2025
Second reading moved
24 Nov 2025
Second reading debate
27 Nov 2025
Second reading agreed to
27 Nov 2025
Committee of the Whole debate
27 Nov 2025
Third reading agreed to
27 Nov 2025
Finally passed both Houses
27 Nov 2025
Assent
Act no: 63
Year: 2025
01 Dec 2025
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
No proposed amendments have been circulated.
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Provides for staff assistance (APS employees) and contractors, delegation arrangements, annual reporting by the Head, protections from civil liability for good faith acts, and mandatory periodic independent reviews of the Act every five years (sections 42–50, 50(1)).
The Head may declare certain data or systems held by Commonwealth, state/territory or other bodies as "national environmental information assets" and must keep a public register of such assets (section 14).
The Minister must table a response to each State of the Environment report in Parliament within six months that specifies environmental targets and timeframes; the Minister must also table any account statements the Head provides within 15 sitting days (sections 16–17).
**Who this affects
The Commonwealth executive: the Head, Departmental staff who assist the Head, and the Minister (sections 9, 42, 16).
The National Environmental Protection Agency (CEO) as a recipient and user of EIA information (sections 10(b), 20).
Other Commonwealth entities, State and Territory government bodies, and persons or organisations that hold data or operate data systems that could be declared national environmental information assets (section 14).
Any person or body asked to supply information to the Head (section 19), including private companies, researchers and non‑government organisations.
Entrusted persons (departmental staff, contractors and the Head) who access EIA information and must follow the Act's disclosure rules and confidentiality safeguards (sections 5, 26–36, 37–39).
**Why it matters (official purpose, then practical test)
Official purpose claimed (from explanatory material and the Act):
To improve availability and accessibility of high‑quality national environmental information and data, and to improve accountability through regular, comprehensive and transparent reporting (section 3).
Practical implications, trade‑offs and implementation mechanics
Who pays and who decides: The Commonwealth funds the Head and the supporting staff; the Head (not the Minister or Secretary) decides content and timing for mandated reports and accounts specified as independent functions (sections 11, 12, 13, 46). The Minister decides the Government's formal response and environmental targets after each State of the Environment report (section 16).
Data access and compliance costs: The Head can request information from any person or body (section 19). Entities holding important data that are declared national environmental information assets may face obligations to notify and maintain access (section 14 and the rules). This creates compliance and administrative costs for both public bodies and private data holders.
Confidentiality vs public access: The Act creates a pathway for publishing and sharing large amounts of environmental data but also establishes protected information categories and strict limits on publication and secondary uses (sections 5 (protected information definition), 25, 35, and civil penalties in sections 37–39). Businesses and other data holders retain legal protections for genuinely sensitive material, but there is a risk of uncertainty at the margins about what will be declared protected.
Incentives for data quality and reuse: By making data assets and accounts central to national reporting (sections 12–14) and by allowing disclosure to Commonwealth and state bodies for official functions (sections 20–21), the law creates incentives for better data management and reuse across governments. That depends on the Head's technical capacity and on inter‑jurisdictional agreements (section 21(b)).
Risk of concentrated control over critical data: The Head's power to declare national environmental information assets (section 14) centralises authority over which datasets are treated as critical to national decisions. The Act requires notice to holders and a public register, but the declaration mechanism concentrates decision power in the Head and may affect how third parties can change or restrict access to those assets (section 14(2)–(6)).
Bureaucratic and implementation risk: Many operational details (timing, content requirements beyond the high‑level statements, exemptions, and administrative processes) are left to "rules" (legislative instruments) made by the Minister (section 51). The scope and detail of those rules will materially affect how the Act works in practice. The Act also ties commencement to the National Environmental Protection Agency Act 2025, so the EIA function is operationally linked to the establishment of NEPA (commencement note and section 2).
Enforcement approach and burden: Civil penalties (200 penalty units) apply for unauthorised disclosures (sections 37–39) and are enforced under the Regulatory Powers Act with the Head as an authorised applicant (section 47). That creates a formal enforcement path but also imposes a compliance risk on departmental staff and contractors who become "entrusted persons" (section 5). The penalties are financial, not criminal.
Interaction with other laws and institutions: The Act cross‑references several other instruments and bodies (Regulatory Powers Act, Public Governance, Public Service Act, ABS) and places the Head within the Department rather than creating a separate statutory agency (sections 5, 41, 13(3)). The practical effect depends on cooperation with the ABS and other data custodians.
**Concrete behavioural changes the law creates
The Head will publish comprehensive State of the Environment reports every two years and annual account statements, creating predictable public information flows (sections 12 and 13(4)–(6)).
Public and government decision‑makers will have a statutory source for high‑quality environmental data; the CEO of NEPA and other Commonwealth and state bodies can lawfully receive and use that data under the Act (sections 10(b), 20–21).
People who handle EIA or departmental information (including contractors) must obey the disclosure rules or face civil penalties; this changes how departmental staff and contractors handle sensitive environmental data (sections 26–36; sections 37–39).
**Key statutory limits and safeguards
The Head is not subject to direction by the Minister or Secretary for specified core functions (section 11).
The rules (ministerial legislative instruments) cannot create offences or civil penalties, impose taxes, or amend the Act (section 51(2)).
Protected information may be disclosed to third parties for Head functions only if the Head is satisfied certain criteria are met and can impose conditions to mitigate harm (sections 25 and 35).
The Head must seek ABS assistance for the environmental economic accounts and follow the UN Fundamental Principles of Official Statistics (section 13(1)–(3)).
Immediate operational items to watch
The content and scope of rules made under section 51 (they will set practical detail on registers, reporting content, and other procedural matters).
How "national environmental information assets" are declared and what obligations or access conditions are later specified in rules or agreements (section 14).
The process by which the Head exercises requests for information (section 19) and how these requests respect other legal obligations and commercial confidentiality.
(Referenced sections: 9–19, 20–39, 41–47, 50–51.)
Main concepts
The central concept is the creation of an independent statutory office holder, the Head of Environment Information Australia, tasked with improving the availability, accessibility and quality of national environmental information and data. Key functions listed in section 10 include providing the Minister and the CEO of the National Environmental Protection Agency with high quality information relating to the environment and their respective functions under national environmental law, providing the public with access to such information, preparing and publishing biennial State of the Environment reports, establishing and maintaining environmental economic accounts, and declaring national environmental information assets. Independence is a core principle under section 11, which provides that the Head is not subject to direction by the Secretary or the Minister when preparing State of the Environment reports, maintaining environmental economic accounts, or performing any other function prescribed by the rules. National environmental goals are defined in section 16 as the environmental targets specified in the Minister's response to each State of the Environment report, which must be tabled within six months of publication. Protected information is defined to include information whose disclosure could found an action for breach of confidence, prejudice government operations, law enforcement or public safety, or endanger life. The Act distinguishes EIA information obtained under this Act from departmental information obtained under other Acts administered by the Minister. Civil penalty provisions in sections 37 to 39 enforce confidentiality obligations. The concept of national environmental information assets under section 14 creates a register of critical data holdings that must be maintained and published on the Department's website. The Act relies on the executive power of the Commonwealth and matters incidental to legislative powers, with Part 4 also drawing on powers supporting other Commonwealth environmental laws.
Who it affects
The Act directly affects the Department of Climate Change, Energy, the Environment and Water, whose Secretary engages the Head as an SES employee and makes APS staff available to assist the Head under sections 41 and 42. It affects the Minister for the Environment, who must table responses to State of the Environment reports and statements of environmental economic accounts, and who may make rules under section 51. The CEO of the National Environmental Protection Agency receives access to information and data from the Head under section 10. Commonwealth entities, State and Territory government bodies, and other persons holding data or information systems may be subject to declarations of national environmental information assets and requests for information under section 19. APS employees in the Department and contractors engaged under section 43 assist the Head and are subject to directions and confidentiality obligations. Persons who are or have been entrusted persons, including the Head, face civil penalties for unauthorised use or disclosure of protected information. Officials of Commonwealth entities other than the National Environmental Protection Agency who receive protected information are also subject to civil penalty provisions in section 38. The public gains improved access to environmental information and reports. Holders of environmental data or systems critical to national environmental functions may be required to notify the Head of proposed changes to content, availability or accessibility under rules made pursuant to section 14. The Act affects entities involved in environmental assessment and approval processes under the EPBC Act by improving the underlying data available for decision making. Aboriginal and Torres Strait Islander peoples are recognised in section 12 for their knowledge contributions to State of the Environment reports.
What people will want to know
The first State of the Environment report prepared by the Head must be published on or before 15 December 2028, with subsequent reports every second year thereafter. The Minister must table a response within six months specifying environmental targets and the period for their achievement. Annual statements of environmental economic accounts must be prepared by the Head and tabled in Parliament within 15 sitting days of receipt. The Head may request information or documents from any person or body under section 19 but has no compulsory powers. Protected information cannot be published in State of the Environment reports or made publicly available under the public access function in section 10(c). The Head must seek assistance from the Australian Bureau of Statistics when establishing environmental economic accounts. Declarations of national environmental information assets are not legislative instruments and the register is published on the Department's website. The Head may delegate functions to SES or Executive Level 2 employees in the Department after considering their expertise. Independent reviews of the Act's operation must be conducted every five years, with the first completed within five years of commencement, and reports and ministerial responses tabled in Parliament. Civil penalties of 200 penalty units apply for unauthorised use or disclosure of protected information by entrusted persons or officials of certain Commonwealth entities. The Act does not create new criminal offences. Staff assisting the Head remain APS employees subject to the Head's directions when performing services. Contractors may be engaged to assist but the Head, staff and contractors enjoy immunity from liability for acts done in good faith in the performance of functions or exercise of powers.
Status and what happens next
The Environment Information Australia Bill 2025 received royal assent on 1 December 2025 as Act No. 63 of 2025. It was introduced in the House of Representatives on 30 October 2025, passed both Houses on 27 November 2025 and did not receive any proposed amendments during its passage. The Act commences on 1 July 2026 at the same time as the National Environmental Protection Agency Act 2025 and does not commence if that Act does not commence. The first State of the Environment report prepared by the Head is due no later than 15 December 2028. The Minister must table a response to each report within six months and specify national environmental goals. The Head must prepare the first statement of national environmental economic accounts in accordance with the transitional provisions. The Senate Environment and Communications Legislation Committee reported on the related package on 2 April 2026. The Senate Standing Committee for the Scrutiny of Bills considered the Bill in Scrutiny Digest 7 of 2025. An electronic version of the Act is available on the Federal Register of Legislation. The Minister may make rules as a legislative instrument to prescribe additional matters, including the content of State of the Environment reports, the register of national environmental information assets and further independent functions of the Head. The first five-year independent review of the Act's operation must be completed by 1 July 2031.
Powers, duties and rights created
Section 10 confers functions on the Head including providing access to high quality environmental information to the Minister, the CEO and the public, preparing and publishing State of the Environment reports, establishing and maintaining environmental economic accounts, declaring national environmental information assets and performing any other functions conferred by this Act, the rules or other Commonwealth law. Section 11 grants the Head independence from direction when performing reporting and accounts functions. Section 12 imposes a duty to prepare and publish biennial State of the Environment reports drawing on scientific expertise and Aboriginal and Torres Strait Islander knowledge. Section 13 imposes a duty to establish and maintain environmental economic accounts and to prepare annual statements for the Minister. Section 14 confers power to declare national environmental information assets and maintain a public register. Section 19 confers power to request information or documents from any person or body. Sections 20 to 36 set out detailed powers and authorisations for disclosure of EIA information and departmental information to Commonwealth entities, State and Territory bodies, law enforcement agencies, and for purposes including reducing serious risks to health or the environment, meeting international obligations and performing the Head's functions, subject to conditions protecting confidentiality. Sections 37 to 39 create civil penalty provisions enforceable under Part 4 of the Regulatory Powers Act, with the Head as authorised applicant and the Federal Court, Federal Circuit and Family Court and certain State and Territory courts as relevant courts. Section 45 confers power on the Head to delegate functions to SES or Executive Level 2 employees. Section 46 imposes a duty to prepare annual reports for tabling in Parliament. Section 50 imposes a duty on the Minister to cause independent five-yearly reviews. Section 51 confers power on the Minister to make rules. The Act creates no new rights of action for individuals but preserves existing duties of confidence in the definition of protected information. The Head, staff and contractors receive statutory immunity from damages actions for good faith acts or omissions under section 48.
Money, penalties and enforcement
The Act contains no appropriation provisions and does not establish any special account or impose charges. Civil penalties of 200 penalty units apply under sections 37, 38 and 39 for unauthorised use or disclosure of protected information by entrusted persons, officials of Commonwealth entities other than the National Environmental Protection Agency, and persons who receive protected information subject to conditions. Each civil penalty provision is enforceable under Part 4 of the Regulatory Powers Act, allowing the Head to seek orders for payment of pecuniary penalties. The Act does not create criminal offences. No cost recovery framework is established in this Act, although related bills in the package provide for restoration charges and general, customs and excise charges. The Head must prepare an annual report on activities for presentation to Parliament, which may be included in the Department's report under the Public Governance, Performance and Accountability Act. The Minister must table responses to State of the Environment reports and statements of environmental economic accounts. Independent reviews must consider whether the Act has improved availability of environmental information and accountability through transparent reporting. The Act does not prescribe fees for access to information or reports. Liability for damages is excluded for the Head, staff and contractors acting in good faith. The rules may prescribe matters necessary for carrying out the Act but cannot create offences, civil penalties, powers of arrest, entry, search or seizure, impose taxes or appropriate funds.
Pressure points and controversies
The official materials indicates that the broader package of seven bills, of which this Act forms part, attracted stakeholder concerns about whether reforms would genuinely protect the environment or reduce regulatory requirements for business. For this specific Act, the principal policy trade-offs concern the balance between improving public access to environmental information and protecting confidential information, with detailed exceptions and conditions in Part 4 that limit disclosure of protected information even for the public access function. Another trade-off arises from the Head's location within the Department as an SES employee while enjoying statutory independence only for specified functions, raising questions about operational autonomy in practice. The requirement to declare national environmental information assets and maintain a public register may create administrative burdens for data holders, particularly State and Territory bodies, although declarations are not legislative instruments. The absence of compulsory information gathering powers limits the Head's ability to obtain data from reluctant holders, potentially affecting the quality of reports and accounts. The five-year review cycle and requirement for ministerial responses to reports provide accountability mechanisms but depend on timely tabling and substantive engagement by the Minister. The removal of references to nature positive monitoring compared with earlier versions of the legislation reflects a narrower focus on information provision rather than outcome measurement frameworks. The Act's reliance on existing APS staffing and contractor arrangements avoids new bureaucratic structures but may limit dedicated resources for the Head's functions.
What changes if it passes
With royal assent granted on 1 December 2025 and commencement scheduled for 1 July 2026, the Act establishes a dedicated statutory office for environmental information within the Department, shifting preparation of State of the Environment reports from ministerial responsibility to the Head. From 2028, reports will be prepared and published independently of the Minister, although the Minister must respond with specific environmental targets. Environmental economic accounts will be maintained on a consistent statistical basis with Australian Bureau of Statistics assistance, and annual statements will be tabled in Parliament. A public register of national environmental information assets will identify critical data holdings supporting environmental decision making. Improved access to high quality information will be available to the Minister, the CEO of the National Environmental Protection Agency and the public, subject to confidentiality protections. Persons holding relevant data may receive requests for information and, where assets are declared, notifications of changes to content or accessibility. Civil penalty enforcement will apply to breaches of information handling rules. Five-yearly independent reviews will assess whether the Act has improved data availability and accountability. The Act supports but does not alter the substantive environmental assessment and approval processes under the EPBC Act, instead providing an information infrastructure intended to underpin better informed decisions under the broader reform package. The first review report must be tabled by mid-2031 with a ministerial response published on the Department's website.
Social post angles
Environment Information Australia Bill 2025: what changes if it passes. A plain-English angle on the powers, duties and institutions the bill would create or change.
The practical question in this royal assent bill. Focus on who would need to act differently if Parliament passes it.
What the bill actually says, not the political noise. Pull out the main operational changes and point readers back to the clauses.
The compliance angle. Explain which agencies, regulated entities or decision-makers would carry new obligations.
The next-step angle. Use the bill's current status to explain what still has to happen before the changes become law.
Why this bill is worth watching. Tie the hook to: The Environment Information Australia Act 2025 received royal assent on 1 December 2025 and commences on 1 July 2026.
Notes
Referred to Committee (30/10/2025): Environment and Communications Legislation Committee; Committee report (02/04/2026)
Considered by scrutiny committee (05/11/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 7 of 2025
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
This package of 7 Bills implements the second and now final stage of the Albanese Government’s response to the second independent statutory review of the EPBC Act (Samuel Review).
The Environment Protection Reform Bill 2025 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and 11 other Acts to implement substantive reforms. These include national environmental standards, ‘unacceptable impacts’, ‘net gain’ and restoration charges in lieu of environmental offsets, reforms to the national interest exemption and a new ‘national interest proposal’, streamlining reforms to approvals and accreditation pathways, reforms of the nuclear actions trigger, improved compliance and enforcement powers, and increases in criminal penalties and civil penalties.
The National Environmental Protection Agency Bill 2025 establishes a statutory agency to be known as the National Environmental Protection Agency (NEPA). The Chief Executive Officer (CEO) is given functions and powers under 9 environmental laws. The Minister may also delegate additional functions and powers to the CEO under the EPBC Act.
The Environment Information Australia Bill 2025 establishes the SES position of Head of Environment Information Australia (EIA) within the department and sets out the Head’s functions.
The Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025 establishes a framework to enable the imposition of restoration charges in lieu of a proponent establishing environmental offsets.
Three additional Bills provide for regulations to prescribe general charges, customs charges and excise charges, as necessary for cost recovery purposes.
In the lead up to the introduction of the Bills, stakeholders have variously raised significant concerns about whether the proposed reforms will actually protect the environment or will reduce and/or remove ‘red and green tape’ for business.
The Bills have been referred to the Senate Standing Committee on Environment and Communications for inquiry and report by 24 March 2026.
Introductory Info
Date of introduction: 30 October 2025
House introduced in: House of Representatives
Portfolio: Climate Change, Energy, the Environment and Water
Commencement: the Bills or specific schedules of the Bills commence as set out below:
Environment Protection Reform Bill 2025:
Sections 1 to 3
On Royal Assent.
Schedule 1, Parts 1 and 2 other than item 571
On the earlier of proclamation or 12 months after Royal Assent.
Schedule 1, item 571
Schedule 1, Part 3
On the day after Royal Assent.
Schedule 2, Part 1
Schedule 2, Part 3
Schedule 3
At the same time as the National Environment Protection Agency Act 2025, but does not commence if that Act does not commence.
Schedule 2, Part 2
On the later of (a) the same time as National Environment Protection Agency Act 2025and (b) the time item 35 of Schedule 1 to the Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Act 2023 commences; the provisions do not commence if the provisions in (b) do not commence.
National Environmental Protection Agency Bill 2025: 1 July 2026.
Environment Information Australia Bill 2025: At the same time as the National Environmental Protection Agency Act 2025, but does not commence if that Act does not commence.
Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025: sections 1 and 2 commence the day after Royal Assent; sections 3 to 18 commence on the earlier of proclamation or 12 months after Royal Assent.
Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025 and Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025: sections 1 and 2 commence the day after Royal Assent; sections 3 to 10 commence on the earlier of proclamation or 12 months after Royal Assent.
This is a preliminary Bills Digest produced to assist early consideration of the Bill. It provides some background and links to relevant resources. It will be replaced with a more comprehensive Bills Digest in due course.
Purpose of the Bills
This package of 7 Bills implement the second and now final stage of the Albanese Government’s response to the second independent statutory review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (formerly referred to as the Nature Positive Plan).
Background to the EPBC Act and EPBC Act reforms is provided in the following Parliamentary Library publications:
Sophie Power, ‘Environment Protection and Biodiversity Conservation Act 1999: a quick guide’, Research paper series, 2018-19, (Canberra: Parliamentary Library, May 2019)
Dr Emily Gibson, ‘Reform of Australia’s national environmental law’, in Parliamentary Library Briefing Book: Key issues for the 47th Parliament, (Canberra: Parliamentary Library, June 2022)
Dr Emily Gibson, ‘Reforming Australia’s national environmental law: an overview of the government’s response to the Samuel Review’, Research paper series, 2023-24, (Canberra: Parliamentary Library, November 2023)
Dr Emily Gibson, ‘Nature Positive Reforms - April 2024 update’, Flagpost, (Canberra: Parliamentary Library, 3 May 2024)
Dr Emily Gibson, ‘Nature Positive (Environment Protection Australia) Bill 2024 [and related Bills]’, Bills Digest, No. 75, 2023-24, (Canberra: Parliamentary Library, 24 June 2024).
The Senate Standing Committee on Environment and Communications’ report from its inquiry into the 3 Nature Positive Bills introduced in May 2024 as part of the ‘second stage’ of the Nature Positive reforms also provides helpful analysis and information on stakeholder views.
Structure of the Bills
Environment Protection Reform Bill 2025
The Environment Protection Reform Bill 2025 (Reform Bill) implements a significant number of substantive reforms to the EPBC Act. It also amends 8 environmental laws to allow the CEO of the National Environmental Protection Agency (NEPA) to exercise a range of functions and powers. The Bill has 3 Schedules.
Schedule 1,General amendments
Note: there are a significant number of amendments, and this list is not comprehensive.
Part 1:
allows the Minister to make, vary and revoke national environmental standards, as legislative instruments, and inserts new provisions to require that approvals and certain other instruments are not inconsistent with the national environmental standard (new Part 19B (item 571).
inserts a new definition of unacceptable impacts on protected matters (new section 527F) and amends or inserts new provisions requiring that actions or classes of actions not be approved (including when approved under other instruments) if the action would have an unacceptable impact.
inserts a new definition of ‘net gain test’ (new sections 527J and 527K) and inserts new provisions requiring that approved actions (and actions authorised under certain instruments) pass the net gain test; that is, that restoration actions taken to address the residual significant impacts of a controlled action achieve a ‘net gain’ environmental outcome.
introduces a new framework for delivering restoration actions (formerly environmental offsets), comprising a Restorations Contributions Holder (an SES employee of the department), a Restoration Actions Advisory Committee, and Restoration Contributions Special Account (new Part 12B; item 323). Proponents may be able to pay a restoration contribution charge to be invested by the Restorations Contribution Holder to achieve environmental outcomes.
introduces national interest proposals (new Division 2A of Part 11; item 291), allowing the Minister, on their own initiative or the proponent’s application, to enable the Minister to approve an action even if it had unacceptable impacts, was not consistent with national environmental standards, and did not meet the net gain test.
repeals and replaces the national interest exemption (new Division 3 of Part 11; item 292), allowing the Minister to, on their own initiative or on an application from or on behalf of a proponent (including a Commonwealth, state or territory Minister) exempt a proposed action from the application of Part 3 (requirements for environmental approvals) or Chapter 4 (environmental assessments and approvals) of the EPBC Act ‘in the national interest’.
introduce a new requirement for a proponent to provide information about the greenhouse gas emissions for the action at the assessment stage (new section 84A; item 191), with key matters to be provided in regulation, and for the Minister to be satisfied that certain arrangements provide for the disclosure of greenhouse gas emissions information.
amends Part 8 (assessing impacts of controlled actions) to introduce streamlined assessment pathways; the available assessment pathways would be an accredited assessment process, a streamlined assessment, an environmental impact statement or a public inquiry. The amendments also introduce new Subdivision C in Division 3 of Part 8, which allows the Minister to revoke an assessment determination and make a substituted assessment determination.
amends various provisions to clarify requirements for requests for further information and how time is counted.
amends provisions in Part 10 relating to strategic assessments with the aim of improving processes such as allowing for revocation, variation or the addition of conditions of a Part 10 approval, and for the transfer, variation and surrender of Part 10 approvals. The Minister would not be able to approve the taking of an action or class of actions under a Part 10 approval unless satisfied of specified matters such as prescribed national environmental standards and that actions would not have unacceptable impacts (new sections 146FA to 146FC).
amends or repeals and replaces provisions in Chapter 3 relating to bilateral agreements, including by allowing states and territories to approve actions under an accredited management or authorisation framework if the Minister is satisfied that the framework is not inconsistent with specified matters (such as national environmental standards and net gain provisions) and that action would not have unacceptable impacts. The amendments make corresponding amendments to provisions allowing states and territories to assess actions under an accredited framework. Bilateral agreements would be of no effect unless the relevant state or territory has provided mandatory undertakings (new sections 48A, 48B and 48C). The amendments provide for suspension, revocation and review of a bilateral agreement and for an exclusion determination such that the agreement would not apply to actions in a class of action.
amends Division 3 of Part 7 relating to reconsiderations by introducing a 28-day time limit on when a person other than a designated proponent can request reconsideration of a decision that an action is (or is not) a controlled action under subsection 75(1) (new subsection 78A(1A)) and inserting new section 79A allowing a person to request reconsideration of a decision that an action is not a controlled action if taken in a particular manner. The amendments also clarify the standard of information that must be provided. The Minister would be able to issue a determination allowing a proponent affected by a reconsideration decision to continue the action until the Minister makes a final reconsideration decision.
inserts new Part 19C (item 572) to allow the Minister and CEO of the NEPA to publish ‘rulings’, as written instruments, which set out the Minister or CEO’s opinion on the ‘way in which provisions of environmental law should apply in relation to persons, activities and other matters’.
repeals and replaces existing provisions relating to bioregional plans to allow the Minister to make bioregional guidance plans (new sections 176 to 176E) and inserts new Part 12A (item 323) allowing the Minister to make bioregional plans. Both will be written instruments (not legislative instruments). A bioregional plan must specify development zones in which one or more classes of action (a priority class of action) may be taken, conservation zones in which one or more classes of action (restricted action) may not be taken, and bioregional restoration measures. The Minister would be able to vary, suspend or revoke a bioregional plan, and to grant exemptions for restricted actions in exceptional circumstances and in the national interest.
amends subsection 29(1) to allow state and territories to approve controlled actions relating to the ‘water trigger’ under a bilaterally accredited management arrangement or authorisation process (item 77)
renames the nuclear action trigger the ‘radiological exposure action’ trigger and clarifies its application to certain mining activities (see new definition, item 36)
repeals and replaces Subdivision A of Division 4 of Part 11 (‘special environmental assessment process’ (section 160)) (item 299) and makes consequential amendments to Part 3 of the EPBC Act and to the Airports Act 1996, Environment Protection (Sea Dumping) Act 1981, Hazardous Waste (Regulation of Exports and Imports) Act 1989, Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 so that proposed actions are assessed by the standard assessment and approval pathways.
amends conservation planning and heritage provisions to:
update requirements for recovery plans for listed threatened species or listed threatened ecological communities, for listed key threatening processes and threat abatement plans, was well as for National Heritage and Commonwealth Heritage listing
introduce a new definition of critical habitat (new subsection 207A(4))
introduce new ‘protection statements’ for listed threatened species and listed threatened ecological communities (new Subdivision BA of Division 5 of Part 13, at item 431); the purpose of the protection statement is to translate ‘the scientific information in recovery plans and approved conservation advices into language and requirements that are able to be more easily applied to regulatory decisions’ (p. 409). A protection statement would be the primary conservation planning document, which the Minister would be required to not act inconsistently with, and would be required to have regard to, when making a relevant decision or approving a particular instrument or arrangement (‘turning off’ recovery plans and approved conservation advice (p. 75)).
repeals and replaces Division 12 (environmental audits) of Part 17 (enforcement) to allow the CEO of the NEPA to direct or require 2 different types of audits - a directed environmental audit and a compliance audit, and to require the CEO of the NEPA to establish a register or auditors (item 550).
The amendments in Division 12 of Part 17 to are substantially similar to the amendments in Part 1 of Schedule 11 of the Nature Positive (Environmental Law Amendments and Transitional Provisions) Bill 2024 (2024 Amendment Bill) (with the addition of a provision allowing the CEO of the NEPA to impose conditions on registration of an auditor).
inserts new Division 13A of Part 17 allowing the CEO to issue environment protection orders.
The amendments in Division 13A of Part 17 to are substantially similar to the amendments in Part 1 of Schedule 11 of the 2024 Amendment Bill (with the addition of a power to issue an order in relation to a contravention of an environmental exemption).
amends the Nature Repair Act 2023 to repeal the prohibition on the use of biodiversity certificates for an environmental offsetting purpose and to allow methodology determinations made under that Act to specify whether or not a biodiversity certificate can be used for an environmental offsetting purpose (items 625 to 627).
amends the EPBC Act (new Division 2A of Part 4, at item 114) and the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act; items 628 to 635) to provide that actions covered by a NOPSEMA management or authorisation framework (i.e. under the OPGGS Act and associated regulations) do not require approval under Part 9 of the EPBC Act. The Minister would be able to declare, in writing, the specified class of actions that are covered by this arrangement and may only do so if satisfied that the framework is not inconsistent with specified matters such as prescribed national environmental standards and that actions would not have unacceptable impacts. NOPSEMA would be required to report annually on how the framework complies with any relevant conditions. This would in effect replace the approved strategic assessment under Part 10 of the EPBC Act.
Part 2:
Division 1 amends the EPBC Act to increase criminal penalties in Part 3 of the Act (taking an action without an approval)
Division 2 amends the EPBC Act to increase civil penalties and introduce a new civil penalty formula for civil penalty provisions in Part 3 and subsection 142(1).
The amendments in Part 2 to are identical to the amendments in Part 2 of Schedule 11 of the 2024 Amendment Bill (noting there are new civil penalty provisions in new Part 12A-Bioregional plans).
Part 3: sets out application and transitional provisions which prescribe how amendments apply to particular circumstances.
Schedule 2,Consequential amendments and transitional provisions for the National Environment Protection Agency Act 2025
Part 1:
Items 1 to 187 amend the EPBC Act to replace select references to the Minister, and the Secretary of the department, with the CEO of the NEPA, including to allow the CEO to issue evidentiary certificates under Part 3, grant or refuse to grant permits under Part 13 and undertake compliance and enforcement activities under Parts 17, 18 and Schedule 1 of the Act. It also inserts proposed section 515AAA (item 155) to allow the Minister to delegate some or all of the Minister’s powers and functions to the CEO or a member of the staff of the NEPA (other than powers and functions in new subsection 515(1A), at item 574 of Schedule 1), and to allow the Secretary to similarly delegate some or all of the Secretary’s powers and functions to the CEO or a member of staff of the NEPA. It also requires that a public register of instruments of delegations is established (item 157).
Items 188 to 216 amend the Environment Protection (Sea Dumping) Act 1981 to replace select references to the Minister with the CEO to allow the CEO to grant (or refuse to grant) permits, vary, suspend, revoke or cancel permits, appoint inspectors and analysts, and issue evidentiary certificates.
Items 217 to 290 amends the Hazardous Waste (Regulation of Exports and Imports Act 1989 to replace select references to the Minister with the CEO, to allow the CEO to grant (or refuse to grant) permits, vary, suspend or revoke permits, issue certain orders, appoint inspectors, and exercise regulatory powers.
Items 291 and 292 amend the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 to replace select references to the Minister with the CEO, for example to allow the CEO to grant exemptions from levies, and to make consequential repeals.
Items 293 to 364 amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 to replace select references to the Minister and Secretary with the CEO and make related consequential amendments. It would allow the CEO to grant (or refuse to grant) licences, vary, suspend or cancel licences, appoint inspectors, exercise regulatory powers, and deal with seized and forfeited goods.
Items 365 and 366 amend the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 to replace select references to the Minister with the CEO, for example to allow the CEO to grant exemptions from levies, and to make consequential repeals.
Items 367 to 387 amend the Product Emissions Standards Act 2017 to replace select references to the Minister and Secretary with the CEO and to make related consequential amendments. It would allow the CEO to determine if a product complies with an emissions reduction standard, grant exemptions from compliance, appoint inspectors, exercise regulatory powers, and deal with seized and forfeited goods.
Items 388 to 590 amend the Recycling and Waste Reduction Act 2020 to replace select references to the Minister and Secretary with the CEO. It would allow the CEO to grant (or refuse to grant) export licences, vary, suspend or cancel export licences, appoint authorised officers, and exercise regulatory powers. The Schedule would also allow the CEO to approve new co-regulatory product stewardship arrangements, and to issue improvement notices to underperforming co-regulatory product stewardship arrangements.
Items 591 to 598 amends the Underwater Cultural Heritage Act 2018 to replace select references to the Minister and Secretary with the CEO and inserts proposed section 54A to allow the Minister to share information with the CEO. It would allow the CEO to exercise regulatory powers, deal with forfeited vessels, equipment or articles, and appoint inspectors.
Part 2: provides a contingent amendment to the Sea Dumping Act.
Part 3: provides transitional provisions relating to the formation of the NEPA, including for the transfer of documents and records and the application of an Enterprise Agreement to APS staff of the NEPA.
Items 1 to 187 in Part 1 are substantially similar to Schedule 2 of the 2024 Amendment Bill.
Items 188 to 598 in Part 1 and Parts 2 and 3 are substantially similar to Schedules 1 and 3 to 10 of 2024 Amendment Bill.
Schedule 3,Consequential amendments and transitional provisions for the Head of Environment Information Australia
Part 1: amends Part 21 (reporting) of the EPBC Act as a consequence of responsibility for preparation of State of the Environment reports transferring to the Head of Environment Information Australia (HEIA).
Part 2: provides transitional provisions which specify the time that the HEIA would be required to prepare and publish its first State of the Environment report (no later than 15 December 2028) and first statement of national environmental economic accounts; it also clarifies that the national environmental goals for the first State of the Environment report are those publicly available environmental targets identified and notified by the Minister.
National Environmental Protection Agency Bill 2025
The National Environmental Protection Agency Bill 2025 establishes a statutory agency to be known as the National Environmental Protection Australia (NEPA), which is to be led by a Chief Executive Officer (CEO). The Bill contains provisions relating to the governance and operation of the CEO and NEPA. The CEO is given functions and powers under 9 environmental laws, as provided for by amendments made by Schedule 2 of the Environment Protection Reform Bill 2025.
The Bill is substantially similar to the Nature Positive (Environment Protection Australia) Bill 2024. The principal differences are:
NEPA will also be responsible for monitoring and auditing the operation of certain declarations, bilateral agreements and bioregional plans under the EPBC Act
the CEO of NEPA will not be permitted to delegate a power or function under new Part 19C (rulings) of the EPBC Act.
The Minister would be able to designate the CEO as the designated report writer for recommendation reports under certain new assessment pathways (new section 84B; Reform Bill).
Environment Information Australia Bill 2025
The Environment Information Australia Bill 2025 establishes the SES position of Head of Environment Information Australia (HEIA) within the department. The Bill sets out the functions of the Head of the EIA (HEIA) which are to prepare and publish the State of the Environment report, establish and maintain environmental economic accounts, and declare national environmental information assets.
The Bill is substantially similar to the Nature Positive (Environment Information Australia) Bill 2024. The principal difference is that references to nature positive and the associated monitoring, evaluation and reporting framework for determining whether nature positive is being achieved in Australia are removed.
Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025 would enable a restoration contribution charge, bioregional plan registration charge, national interest exemption charge and Part 13 exemption charge to be imposed if specified as a condition of an approval or exemption granted under the relevant provisions of the EPBC Act. A restoration contribution charge could be imposed as a condition of a standard approval or in relation to an approved strategic assessment under Part 10 of the Act.
The charge is intended to enable the approval or exemption holder ‘to discharge their liability to compensate for the damage likely to be caused by the residual significant impacts of their proposed action’ by paying the charge to the Commonwealth to compensate ‘for any such damage to a net gain’ (p. 5). The charge would be imposed in lieu of the approval or exemption holder being required to provide environmental offsets.
The charge would be determined by the regulations, with the Explanatory Memorandum indicating that this would either be a prescribed flat rate for the bioregional plan registration charge, national interest exemption charge or Part 13 exemption charge, or prescribing a method to work out the charge (pp. 2-3). The regulations would prescribe the persons or classes of persons who are liable for the charges or are exempt from the charges.
The charge would be credited to the proposed new Restoration Contributions Special Account and the proposed new Restorations Contribution Holder would be able to use the monies to ‘deliver benefits for matters of national environmental significance’, such as delivering restoration actions (p. 2).
Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025 enables regulations to prescribe general charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025 enables regulations to prescribe customs charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025 enables regulations to prescribe excise charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Background
Brief overview of the EPBC Act
The EPBC Act is the primary Commonwealth environmental law and is administered by the Department of Climate Change, Energy, the Environment and Water (DCCEEW; the department). The Act implements key aspects of the 1992 Intergovernmental Agreement on the Environment and the 1997 Heads of Agreement on Commonwealth and State Roles and Responsibilities for the Environment, and consolidates 5 Commonwealth laws relating to environmental impact assessment, national parks, world heritage, and endangered species.
The Act establishes 9 ‘matters of national environmental significance’ (MNES) (protected matters), largely drawn from Australia’s international obligations under a range of environment and heritage treaties, and also provides for the protection of the environment on Commonwealth land. The Act sets out 2 regimes:
an environmental impact assessment and approval regime for actions by any person that are likely to have a significant impact on protected matters, actions by Commonwealth agencies that are likely to have a significant impact on the environment, and actions by any person likely to have a significant impact on the environment on Commonwealth land (Parts 3 to 11)
a regime for biodiversity conservation (for example, processes for listing and managing threatened species and ecological communities), protected areas (for example, National and Commonwealth Heritage places, Commonwealth reserves), and regulation of the trade in wildlife (Parts 11A to 15B).
The Act also:
establishes a range of advisory, expert and management bodies, namely the Threatened Species Scientific Committee, the Director of National Parks, and the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
sets out compliance and enforcement provisions
provides for review of decisions, including extended standing for judicial review
provides for annual reports and 5-yearly state of the environment reports
sets out interpretive provisions, including key definitions.
The Act mandates 10-yearly independent statutory reviews of the Act’s operation and the extent to which its objects have been achieved (section 522A).
Need for reform
The reforms are being introduced in response to the second independent statutory review of the EPBC Act (Samuel Review). The statutory review was initiated in October 2019 and was led by Professor Graeme Samuel, with the support of an expert panel comprising Bruce Martin, Dr Wendy Craik, Dr Erica Smyth and Professor Andrew Macintosh.
The Samuel Review, having observed that ‘Australia’s natural environment and iconic places are in an overall state of decline and under increasing threat’ (p. ii), concluded (p. ii):
The EPBC Act is out dated and requires fundamental reform. It does not enable the Commonwealth to effectively fulfill its environmental management responsibilities to protect nationally important matters. The Act, and the way it is implemented, results in piecemeal decisions, which rarely work in concert with the environmental management responsibilities of the States and Territories. The Act is a barrier to holistic environmental management which, given the nature of Australia’s federation, is essential for success. [emphasis added]
The Final report made 38 recommendations for improving the operation and effectiveness of the Act as part of a staged pathway of reform (p. ii):
The reforms … are designed to enable the Commonwealth to step up its efforts to deliver nationally important outcomes for the environment by:
setting clear outcomes through new, legally enforceable National Environmental Standards that set the boundaries for decision-making to deliver the protections needed
actively restoring the environment and facilitating the scale of investment needed to deliver better outcomes
taking an adaptive approach, through better planning, measuring the effectiveness of implementation and adjusting where needed to achieve outcomes
harnessing the knowledge of Indigenous Australians to better inform how the environment is managed.
Early in the 47th Parliament, the then Minister for the Environment Tanya Plibersek released the Albanese Government’s response to the review, Nature Positive Plan: Better for the environment, better for business. Among the range of reforms, the Minister promised legislation built ‘on three basic principles: clear national standards of environmental protection, improving and speeding up decisions, and building trust and integrity’ and an independent Environment Protection Agency.
The Minister subsequently split the reforms into 3 stages and, having achieved stage 1, introduced a suite of Bills in May 2024 to implement the stage 2 reforms. The Minister is reported to have negotiated amendments with the Australian Greens and Independent Senator David Pocock to secure passage of the Bills through the Senate; however, in the face of lobbying from industry and an upcoming election, the Prime Minister reportedly intervened, and the Bills were withdrawn in February 2025.
At the beginning of the 48th Parliament, the newly-appointed Minister for the Environment Senator Murray Watt described reform of the EPBC Act as ‘a very high and immediate priority for the government’. The reforms been repositioned as central to improving national productivity and facilitating Australia’s transition to a decarbonised economy.
For example, in August 2025, the Productivity Commission’s interim report Investing in cheaper, cleaner energy and the net zero transformation recommended (p. 37):
Reform national environment laws
The Australian Government should reform environment laws to expedite approvals for clean energy projects and better protect the environment. The reforms should:
introduce national environmental standards
facilitate regional planning, particularly within renewable energy zones, with stricter statutory deadlines for assessing projects in ‘go zones’
provide accessible, high-quality information about the environment and past assessment decisions
make offsetting arrangements more efficient, such as by enabling developers to meet their offset obligations by contributing to an Australian Government offsets fund
set clear expectations about engagement with local communities and Aboriginal and Torres Strait Islander people.
Following the government’s August 2025 Economic Reform Roundtable, Minister Watt announced that the reform timetable would be accelerated, and would focus on implementing the three core principles of the Samuel Review: ‘stronger environmental protection and restoration, more efficient and robust project assessments and greater accountability and transparency in decision-making’.
The Minister has pointed to departmental analysis that determined that speeding up the consideration of projects and their approval would save the ‘business community and the national economy… at least half a billion dollars and potentially up to $7 billion in savings to the national economy’ (p. 3).
Policy position of non-government parties / independents
Australian Greens
The Australian Greens have long called for significant changes to the EPBC Act to ensure the Act actually protects the environment, considers climate impacts of actions, and operates efficiently. The Australian Greens spokesperson for the Environment, Senator Sarah Hanson-Young, recently outlined key areas of concern:
Environment laws that protect nature must include:
protection of critical habitat and forests
stop species extinction
a climate trigger
federal control over approvals.
Senator Hanson-Young has previously indicated that there ‘was “no prospect” of a deal on passage of the legislation unless Labor committed to a plan to end native forest logging’.
Following an October 2025 briefing on draft legislation, Senator Hanson-Young described the proposed laws as ‘not worth the paper they’re printed on’. The Senator said:
This bill has been drafted with the interests of mining industry front and centre. It weakens environmental protection. It will take us backwards and is worse than the status quo.
Coalition
The Liberal-National Coalition has been highly critical of the Albanese Government’s Nature Positive Plan. Reflecting previous ‘one stop shop’ policies, the Coalition has argued in favour of measures that streamline approvals processes and remove duplication with state and territory assessment and approval processes. It has described the establishment of the EPA as an ‘added layer of bureaucracy that is the last thing our economy and environment needs’.
Following an October 2025 briefing on draft legislation, Leader of the Opposition Sussan Ley described the proposed amendments as ‘a red light to jobs and … a handbrake to investment and development’ (p. 3). Ms Ley reportedly wrote to the Prime Minister seeking that the reforms be split into ‘“practical” measures to speed up assessment times for projects’ and deal with the ‘more contentious environmental elements’ of the reforms later.
The new Shadow Minister for the Environment, Angie Bell, has indicated a willingness to work with Labor in good faith negotiations, saying:
We want to make sure that we strike a balance between conserving our environment but also making sure there is certainty for industry moving forward and investment and jobs in our country.
More recently, Ms Bell:
…called on the government to immediately regulate ‘unacceptable impacts’, provide certainty on the definition of ‘net gain’ whiles removing scope one and two emissions reporting and cleaning up Labor’s “sad excuse” of an Environmental Protection Authority (EPA).
Ms Bell also called for the proposed ‘unacceptable impacts’ provisions to be moved into an environmental standard, greater clarification on key definitions (such as ‘net gain’), and for the CEO of the EPA to instead be made accountable to (and dismissible by) the Minister, with an official statement of expectations, and subject to a binding direction of the Minister.
The Deputy Leader of the Nationals Kevin Hogan has indicated reservations with the proposed legislation, including a requirement that proponents of major projects disclose their carbon emissions and the application of national environmental standards to regional forest agreements. He said ‘we think this will make it harder for industry to produce economic income for this country’ (p. 1).
Independent members and senators
Numerous independent members of the Parliament have campaigned for improvements to the EPBC Act, principally by incorporating a ‘climate trigger’ and removing the exemption for native forest logging under regional forest agreements.
Senator David Pocock and Senator Lidia Thorpe, along with the Australian Greens, are reported to want EPBC Act ‘to assess land clearing to try to stop native forest logging, climate considerations included in environmental assessments and decision-making, and a greater inclusion of Indigenous knowledge in environmental governance and decision-making’.
Independent MP Zali Steggall has expressed deep concern about attempts to rush legislation through the Parliament, stating ‘while reform is urgently needed, Australians expect such monumental legislation to undergo proper and meaningful parliamentary scrutiny before being passed’. As well as calling for the ‘deforestation loophole’ to be closed, Ms Steggall has foreshadowed amendments that would require the Environment Minister to take into account the following when deciding whether to grant an approval:
the economic costs and benefits an affected ecosystems would deliver if the damage from development did not occur, compared to the costs and benefits of the development
risks to the climate of the proposed development.
Stakeholder response to the Bills
The following table provides links to key stakeholder statements - both during the weeks prior to the introduction of the Bills and immediately following their introduction.
Stakeholder(s)
Statement
Australian Conservation Foundation (ACF)
ACF’s position on national nature law reform
ACF responds to Labor’s Environment Protection Agency announcement
ACF warns weak nature laws risk repeating decades of destruction
ACF
Greenpeace
WWF Australia
Environment groups welcome new enforcement powers and increases in penalties for nature laws
Climate Council
EPBC: How Australia’s national environmental law measures up on climate
Humane World for Animals
EPBC Act reforms must prevent bad decision-making, put nature first
Greenpeace
Nature law reform can’t be “big rubber stamp for the big end of town”: Greenpeace
Invasive Species Council
EPBC Act: Reforms to address threats to nature
Central Land Council
Tiwi Land Council
Northern Land Council
Anindilyakwa Land Council
Environmental law reform must safeguard future of remote communities
Environmental Defenders Office
Long-awaited EPBC reforms fall short of fixing a failing Act - Environmental Defenders Office
National Farmers Federation
Farmers urge balance and practicality in EPBC overhaul
Australian Chamber of Commerce and Industry
Environmental laws must get the balance right
Australian Industry Group
Environment reform is a decent balance and a strong improvement
Business Council of Australia (BCA)
Business Council welcomes Government’s decision to fast-track EPBC reform
Business Council says environmental approvals reform needed but warms key changes are critical to success
Housing Industry Association
Time to stop playing politics and fast track overdue EPBC reforms
Association of Mining and Exploration Companies (AMEC)
Reforms to EPBC Act are on track after WA and Federal Governments reach agreement
Vital step forward for environmental approvals but some clarity still needed
Australian Energy Producers
EPBC reforms an opportunity to fix Australia’s broken environmental laws
Minerals Council of Australia
EPBC reform must deliver outcomes for communities, environment and economy
Work needed to ensure environmental laws succeed
Other relevant expert commentary includes:
Justine Bell-James, ‘Labor’s environmental law overhaul: a little progress and a lot of compromise’, The Conversation, 30 October 2025
Justine Bell-James, Martine Maron, Phillipa C McCormack and James EM Watson, ‘Groundhog Day: The EPBC Act reform process’, Environment and Planning Law Journal, 41 (2025): 19-40
Atticus Fleming and Andrew Macintosh, ‘Biodiversity is in catastrophic decline. Here are three ways to ensure Australia’s conservation law actually works’, The Guardian, 28 October 2025
Ken Henry (Chair of the Australian Climate and Biodiversity Foundation), Speech to the National Press Club: Our last, best change - national environmental laws to restore nature and power the net zero economy, Canberra, 16 July 2025
Phillipa C. McCormack, ‘Ken Henry urges nature law reform after decades of “intergenerational bastardry”’, The Conversation, 16 July 2025
Frances Medlock and Rachael Chick, ‘One step forward, two steps back - EPA, EIA and the long awaited reformed to Australia’s environmental laws’, Environment and Planning Law Journal, 41 (2025): 19-40 (authors employed by Environmental Defenders Office)
Euan Ritchie, Phillipa C. McCormack and Yung En Chee, ‘Labor is close to a deal on environmental law reforms. There are troubling signs these will fall short’, The Conversation, 10 October 2025.
Appendix
A brief history of efforts to reform the EPBC Act
Date
Description
12 November 1998
Environment Protection and Biodiversity Conservation Bill 1998 [1999] introduced. It passed both Houses on 29 June 1999 and substantive provisions commenced on 16 July 2000.
31 October 2008
First independent statutory review of the EPBC Act (Hawke Review), commissioned by the then Minister for the Environment Peter Garrett, commences. The review is led by Dr Allan Hawke, with the support of an expert panel comprising Paul Stein, Professor Mark Burgman, Professor Tim Bonyhady and Rosemary Warnock.
The review’s Final report, released on 21 December 2009, makes 71 wide-ranging recommendations revolving around 9 core elements.
The government releases its formal response on 24 August 2011; however, ‘[e]xcept for an environmental offsets policy, the response to the Hawke Review was never implemented’.
29 October 2019
Second independent statutory review of the EPBC Act (Samuel Review), commissioned by the then Minister for the Environment Sussan Ley, commences. The review is led by Professor Graeme Samuel, with the support of an expert panel comprising Bruce Martin, Dr Wendy Craik, Dr Erica Smyth and Professor Andrew Macintosh.
The review’s Final report, provided to the then Minister on 30 October 2020 and publicly released on 28 January 2021, concludes that (p. i):
The EPBC Act is out dated and requires fundamental reform. It does not enable the Commonwealth to effectively fulfill its environmental management responsibilities to protect nationally important matters. The Act, and the way it is implemented, results in piecemeal decisions, which rarely work in concert with the environmental management responsibilities of the States and Territories. The Act is a barrier to holistic environmental management which, given the nature of Australia’s federation, is essential for success.
27 August 2020
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 to support single-touch environmental approvals. The Bill is almost identical to a Bill introduced in 2014 and is widely viewed as inconsistent with the Samuel Review’s Interim Report (p. 3). It lapses at the end of 46th Parliament.
25 February 2021
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2020 to establish National Environmental Standards and an Environmental Assurance Commissioner. The Bill was viewed by some stakeholders as ‘cherry picking’ recommendations from the Samuel Review’s Final report (p. 3). It lapses at the end of the 46th Parliament.
16 June 2021
The then Minister for the Environment releases the Morrison Government’s response, A pathway for reforming national environmental law, recognising that reform was long overdue and agreeing with the central pillars of the Samuel Review’s recommendations (pp. 2-3).
19 July 2022
Following the election of the Albanese Government, the new Minister for the Environment Tanya Plibersek releases the 2021 State of the environment report, which documents the continuing decline in Australia’s environment. The Minister commits to providing a formal response to the Samuel Review by the end of 2022, with the aim of developing new environmental legislation for 2023 (p. 9).
8 December 2022
The then Minister for the Environment releases the Albanese Government’s response, Nature Positive Plan: Better for business, better for the environment. The Minister promises legislation built ‘on three basic principles: clear national standards for environmental protection, improving and speeding up decisions, and building trust and integrity’ as well as an independent Environment Protection Agency.
30 October 2023
Formal closed consultations commence with key stakeholder groups, as well as Commonwealth, state and territories agencies (p. 92).
December 2023
During final negotiations on the Nature Repair Bill 2023 and Nature Repair Market (Consequential Amendments) Bill 2023, the government introduces a proposed amendment to the EPBC Act to amend the ‘water trigger’ to include all forms of unconventional gas development. This helps secure passage of the Bills through the Senate and partially achieves the Samuel Review’s first recommendation (p. 48).
16 April 2024
The then Minister for the Environment announces that the Nature Positive reforms would be progressed in a staged manner:
Establishing the nature repair scheme and expanding the ‘water trigger’ (completed in December 2023)
Creating Environment Protection Australia (EPA) and Environment Information Australia (EIA)
Delivering substantive reform to the EPBC Act, as outlined in the Nature Positive Plan.
29 May 2024
The then Minister for the Environment introduces the Nature Positive (Environment Protection Australia) Bill 2024, Nature Positive (Environment Information Australia) Bill 2024, and Nature Positive (Environmental Law Amendments and Transitional Provisions) Bill 2024. The Bills comprise the second stage of reforms and pass the House on 4 July 2024.
The Senate Environment and Communications Legislation Committee conducts an inquiry into the Bills and recommends their passage with amendments. However, the Coalition, Australian Greens, Senator David Pocock and Senator Lidia Thorpe each make separate recommendations.
25 November 2024
The then Minister for the Environment negotiated amendments with the Australian Greens and independent Senator David Pocock to secure passage of the Nature Positive Bills. These are reportedly set aside following Prime Minister Anthony Albanese’s intervention, and the Bills are discharged from the Notice Paper on 5 February 2025.
25 March 2025
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Reconsiderations) Bill 2025. The Bill removes the minister’s ability to overturn a controlled action decision in certain circumstances where the request for reconsideration was made more than 5 years after the action commenced.
The heavily criticised Bill, which responds explicitly to a request for reconsideration of salmon aquaculture in Macquarie Harbour and its impacts on the critically endangered Maugean Skate, passes both Houses the following day and commences on 28 March 2025.
16 May 2025
Following re-election of the Albanese Government, the new Minister for the Environment Senator Murray Watt states that reform of the EPBC Act is one of the highest priorities for the Albanese Government during the 48th Parliament.
19 June 2025
The Minister for the Environment hosts a high-level roundtable, bringing together stakeholders from environmental, resources, energy, climate, housing and agricultural sectors, as well as First Nations Representatives. The Minister noted support for reforms based on three pillars (p. 1):
Stronger environmental protection and restoration
More efficient and robust project assessments
Greater accountability and transparency in decision making.
The Minister also noted ‘strong support for key components of the reforms, such as National Environmental Standards, Streamlined approval processes, Regional planning, More robust offset regimes, Better data on environmental outcomes’ (p. 1).
27 August 2025
The Assistant Minister for Climate Change and Energy Josh Wilson introduces the Environment Protection and Biodiversity Conservation (Board of Management Functions) Bill 2025. The Bill enables a Board for a Commonwealth reserve to continue making decisions after a management plan expires, provided those decisions are consistent with the expired management plan. While the Samuel Review made a number of recommendations relating to jointly managed Commonwealth reserves and, in particular, improving the contribution of Indigenous Australian’s traditional knowledge and participation in EPBC Act processes, the Bill primarily responds to the impending expiry of management plans for 2 reserves.
The Senate Environment and Communications Legislation Committee considered the Bill and recommends its passage.
The Bill passed both Houses on 28 October 2025 but is yet to receive Royal Assent.
30 October 2025
The package of Bills is introduced to the House of Representatives.
Links
The links to the Bills, their Explanatory Memoranda and second reading speeches can be found on the Bill home pages, linked above, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as of November 2025.
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An Act to establish the Head of Environment Information Australia, and for related purposes
Contents
Part 1,Preliminary 2
1 Short title 2
2 Commencement 2
3 Objects 2
4 Simplified outline of this Act 3
5 Definitions 3
6 Crown to be bound 6
7 Extension to external Territories 6
Part 2,Establishment, functions and powers 7
8 Simplified outline of this Part 7
9 Head of Environment Information Australia 7
10 Functions 7
11 Independence 8
12 State of the Environment reports 8
13 Environmental economic accounts 9
14 National environmental information assets 10
Part 3,Minister’s responsibilities in relation to Head of Environment Information Australia’s functions 12
15 Simplified outline of this Part 12
16 Response to State of the Environment reports 12
17 Minister’s responsibilities in relation to statements of environmental economic accounts 13
Part 4,Information and confidentiality 14
Division 1,Introduction 14
18 Simplified outline of this Part 14
Division 2,Information gathering 15
19 Head of Environment Information Australia may request information or documents 15
Division 3,Use and disclosure of EIA information 16
Subdivision A,Authorised use and disclosure by the Head of Environment Information Australia 16
20 Disclosure of EIA information to Commonwealth entities 16
21 Disclosure of EIA information to State or Territory government bodies 16
22 Disclosure for the purposes of law enforcement 16
23 Disclosure to reduce serious risk to human health 17
24 Disclosure to reduce serious risk to the environment 17
25 Disclosure of protected information for the purposes of the Head’s functions and powers 17
Subdivision B,Authorised use and disclosure by entrusted persons 18
26 Use and disclosure for the purposes of the Head’s functions and powers 18
27 Use and disclosure for the purposes of other Acts administered by the Minister 19
28 Use and disclosure to meet international obligations 19
29 Use and disclosure of publicly available information 19
30 Disclosure to person to whom information relates 19
31 Use and disclosure with consent 19
32 Disclosure to person who provided information 19
33 Disclosure of summaries or statistics 19
34 Disclosure to a court, tribunal etc. 20
Division 4,Use and disclosure of departmental information 21
Subdivision A,Authorised use and disclosure by the Head of Environment Information Australia 21
35 Disclosure of protected information for the purposes of the Head’s functions and powers 21
Subdivision B,Authorised use and disclosure by entrusted persons 22
36 Use and disclosure for the purposes of the Head’s functions and powers 22
Division 5,Civil penalties 23
37 Unauthorised use or disclosure of EIA information that is protected information,entrusted person 23
38 Unauthorised use or disclosure of protected information,official of certain Commonwealth entities 23
39 Unauthorised secondary use or disclosure of protected information 24
Part 5,Appointment of the Head of Environment Information Australia and assistance from staff and contractors 25
40 Simplified outline of this Part 25
41 Appointment 25
42 Staff 25
43 Contractors 25
Part 6,Miscellaneous 27
44 Simplified outline of this Part 27
45 Delegation 27
46 Annual report 27
47 Enforcement of civil penalty provisions 28
48 Liability for damages 29
49 Executive power of the Commonwealth 29
50 Review of operation of Act 29
51 Rules 30
Environment Information Australia Act 2025
No. 63, 2025
An Act to establish the Head of Environment Information Australia, and for related purposes
[Assented to 1 December 2025]
The Parliament of Australia enacts:
Part 1,Preliminary
1 Short title
This Act is the Environment Information Australia Act 2025.
2 Commencement
(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.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
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
Note: 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.
(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.
3 Objects
The objects of this Act are to:
(a) establish the Head of Environment Information Australia; and
(b) improve the availability and accessibility of high quality national environmental information and data; and
(c) improve accountability in relation to matters affecting the environment, including government policy and programs, through regular, comprehensive and transparent reporting.
4 Simplified outline of this Act
There is to be a Head of Environment Information Australia.
The Head has various functions that relate to providing access to, assessing and reporting on environmental information and data.
The Head is not subject to the direction of any person in performing certain functions.
The Head is to be an SES employee in the Department. The Head may be assisted by APS employees in the Department and contractors.
Broadly, this Act relies on the legislative power that the Commonwealth has under the Constitution with respect to:
(a) the executive power of the Commonwealth; and
(b) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
Part 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.
5 Definitions
In this Act:
Australian jurisdiction has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
CEO has the same meaning as in the National Environmental Protection Agency Act 2025.
Note: This is a reference to the CEO of the National Environmental Protection Agency.
civil penalty provision has the meaning given by the Regulatory Powers Act.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
departmental information means information obtained or generated under, or in accordance with:
(a) an Act (other than this Act) administered by the Minister; or
(b) an instrument made under such an Act.
EIA information means information obtained or generated by an entrusted person under, or in accordance with:
(a) this Act or an instrument made under this Act; or
(b) an Act or instrument that confers functions on the Head of Environment Information Australia.
entrusted person means:
(a) the Head of Environment Information Australia; or
(b) an APS employee in the Department; or
(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
(d) any other person performing functions or exercising powers under this Act who is prescribed by the rules.
environment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
environmental economic accounts means statistical accounts that describe the condition of the environment and its relationship with the economy.
Fundamental 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.
Note: The Fundamental Principles of Official Statistics could in 2025 be viewed on the United Nations Statistics Division’s website (https://unstats.un.org/).
national environmental goals: see subsection 16(3).
national environmental law means:
(a) the Environment Protection and Biodiversity Conservation Act 1999; or
(b) the National Environmental Protection Agency Act 2025; or
(c) an Act that is prescribed, or provisions of an Act that are prescribed, by the rules for the purposes of this paragraph; or
(d) a legislative instrument made under an Act, or under provisions of an Act, mentioned in any of paragraphs (a) to (c).
official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
personal information has the same meaning as in the Privacy Act 1988.
protected information: relevant information obtained by an entrusted person is protected information if disclosure of the information could reasonably be expected to:
(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
(b) prejudice the effective working of government; or
(c) prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences; or
(d) endanger a person’s life or physical safety; or
(e) prejudice the protection of public safety or the environment.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means:
(a) EIA information; or
(b) departmental information.
rules means rules made under section 51.
Secretary means the Secretary of the Department.
State of the Environment report: see subsection 12(1).
State or Territory government body means:
(a) a Department of State of a State or Territory; or
(b) an agency of a State or Territory; or
(c) an authority of a State or Territory.
6 Crown to be bound
This Act binds the Crown in each of its capacities.
7 Extension to external Territories
This Act extends to every external Territory.
Part 2,Establishment, functions and powers
8 Simplified outline of this Part
This Part sets out the functions of the Head of Environment Information Australia.
The 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.
Other key functions of the Head include:
(a) preparing and publishing reports on the state of the environment; and
(b) establishing and maintaining environmental economic accounts.
9 Head of Environment Information Australia
There is to be a Head of Environment Information Australia.
10 Functions
The Head of Environment Information Australia has the following functions:
(a) to provide the Minister with access to high quality information and data relating to:
(i) the environment; and
(ii) matters in respect of which the Minister has functions under a national environmental law;
(b) to provide the CEO with access to high quality information and data relating to:
(i) the environment; and
(ii) matters in respect of which the CEO has functions;
(c) to provide the public with access to high quality information and data relating to the environment;
(d) to prepare and publish State of the Environment reports in accordance with section 12;
(e) to establish and maintain environmental economic accounts in accordance with section 13;
(f) to declare national environmental information assets in accordance with section 14;
(g) any other functions conferred on the Head by:
(i) this Act; or
(ii) the rules; or
(iii) any other law of the Commonwealth;
(h) anything incidental or conducive to the performance of any of the functions mentioned elsewhere in this section.
11 Independence
The Head of Environment Information Australia is not subject to the direction of the Secretary or the Minister, or anyone else, in performing:
(a) the functions mentioned in the following provisions:
(i) paragraph 10(d) (prepare and publish State of the Environment reports);
(ii) paragraph 10(e) (establish and maintain environmental economic accounts); or
(b) any other function that is prescribed by the rules for the purposes of this paragraph.
12 State of the Environment reports
Head to prepare and publish reports
(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.
Preparation and content of reports
(2) A State of the Environment report must:
(a) contain information about, and analysis of trends relating to, the state of the environment; and
(b) contain information about, and analysis relating to progress towards meeting, the national environmental goals; and
(c) deal with any other matters prescribed by the rules for the purposes of this paragraph.
This subsection does not limit the content of the report.
(3) In particular, a State of the Environment report is to draw on and reflect the knowledge and insights of:
(a) persons with scientific expertise in relation to the state of the environment; and
(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.
(4) The Head may, in preparing a State of the Environment report, seek assistance, input or information from such persons as the Head determines.
13 Environmental economic accounts
Environmental economic accounts
(1) The Head of Environment Information Australia:
(a) must establish and maintain environmental economic accounts; and
(b) may also choose to maintain environmental economic accounts established other than by the Head.
The Head must establish and maintain the accounts, as relevant, in accordance with the Fundamental Principles of Official Statistics.
(2) The accounts must not contain protected information.
ABS assistance
(3) The Head is to seek the assistance of the Australian Bureau of Statistics in establishing and maintaining the accounts.
Statements of environmental economic accounts
(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.
(5) The Head may decide which account or accounts to prepare a statement of.
(6) The statement:
(a) must:
(i) summarise the account or accounts; or
(ii) for an account previously summarised in a statement,summarise the changes made to the account since it was most recently summarised; and
(b) may deal with any other matters the Head considers appropriate.
(7) The statement must not contain protected information.
14 National environmental information assets
(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:
(a) a matter in respect of which the CEO has functions; or
(b) a matter in respect of which the Minister has functions under a national environmental law.
(2) The Head may, in writing, declare the data, information or system, or part of the system, to be a national environmental information asset.
(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.
(4) At any time while one or more declarations are in force, the Head must maintain a register of national environmental information assets.
(5) The register must be published on a website maintained by the Department.
(6) The rules may prescribe:
(a) the information that must be included in the register; and
(b) the circumstances in which the holder of a national environmental information asset may notify the Head of a proposed change to:
(i) the content of the asset; or
(ii) the availability or accessibility of the asset.
(7) The following are not legislative instruments:
(a) a declaration made under subsection (2);
(b) the register maintained under subsection (4).
Part 3,Minister’s responsibilities in relation to Head of Environment Information Australia’s functions
15 Simplified outline of this Part
This Part sets out the Minister’s responsibilities in relation to certain functions of the Head of Environment Information Australia.
The 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.
16 Response to State of the Environment reports
(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.
(2) The response must specify:
(a) environmental targets to be achieved; and
(b) the period within which the targets are to be achieved.
This subsection does not limit the content of the response.
(3) The national environmental goals, at a time, are the targets specified in the response most recently tabled in accordance with subsection (1).
(4) The response must deal with any other matters prescribed by the rules.
17 Minister’s responsibilities in relation to statements of environmental economic accounts
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.
Part 4,Information and confidentiality
Division 1,Introduction
18 Simplified outline of this Part
Entrusted persons can use or disclose certain information in accordance with this Part.
Entrusted 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.
Division 2,Information gathering
19 Head of Environment Information Australia may request information or documents
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.
Division 3,Use and disclosure of EIA information
Subdivision A,Authorised use and disclosure by the Head of Environment Information Australia
20 Disclosure of EIA information to Commonwealth entities
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.
Note: EIA information may also be disclosed to a Commonwealth entity under other sections of this Act (for example, see sections 26 and 27).
21 Disclosure of EIA information to State or Territory government bodies
The Head of Environment Information Australia may disclose EIA information to a State or Territory government body if:
(a) the Head reasonably believes that the disclosure of the information is necessary for the purposes of:
(i) performing functions or exercising powers of the Head; or
(ii) the administration of a State or Territory law; and
(b) the State or Territory government body has undertaken not to use or further disclose the information except in accordance with an agreement that:
(i) is in force between the Commonwealth and the State or Territory; and
(ii) applies in relation to the information; and
(c) the Head is satisfied that the information will be used and further disclosed only in accordance with the agreement.
22 Disclosure for the purposes of law enforcement
(1) The Head of Environment Information Australia may disclose EIA information to a body mentioned in subsection (2) if:
(a) the Head reasonably believes that the disclosure of the information is necessary for:
(i) the enforcement of the criminal law; or
(ii) the enforcement of a law imposing a pecuniary penalty; or
(iii) the protection of public revenue; and
(b) the functions of the body include that enforcement or protection.
(2) The bodies are the following:
(a) a Commonwealth entity;
(b) a State or Territory government body;
(c) the Australian Federal Police;
(d) the police force or police service of a State or Territory.
23 Disclosure to reduce serious risk to human health
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.
24 Disclosure to reduce serious risk to the environment
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.
25 Disclosure of protected information for the purposes of the Head’s functions and powers
(1) The Head of Environment Information Australia may disclose EIA information that is protected information to a person if:
(a) the disclosure is for the purposes of performing functions or exercising powers of the Head; and
(b) the Head is satisfied that:
(i) the information is not personal information; and
(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
(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.
Note: Civil penalties apply if persons use or disclose information other than in accordance with conditions (see section 39).
(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.
(3) To avoid doubt, subsection (1) does not affect authorisations to disclose protected information under other provisions of this Part.
Subdivision B,Authorised use and disclosure by entrusted persons
26 Use and disclosure for the purposes of the Head’s functions and powers
(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.
(2) Subsection (1) does not authorise:
(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
(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.
27 Use and disclosure for the purposes of other Acts administered by the Minister
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.
28 Use and disclosure to meet international obligations
An entrusted person may use or disclose EIA information if the use or disclosure is for the purposes of Australia meeting its international obligations.
29 Use and disclosure of publicly available information
An entrusted person may use or disclose EIA information if the information has already been lawfully made available to the public.
30 Disclosure to person to whom information relates
An entrusted person may disclose EIA information to the person to whom the information relates.
31 Use and disclosure with consent
An entrusted person may use or disclose EIA information that relates to a person if:
(a) the person has consented to the use or disclosure; and
(b) the use or disclosure is in accordance with that consent.
32 Disclosure to person who provided information
An entrusted person may disclose EIA information to the person who provided the information.
33 Disclosure of summaries or statistics
An entrusted person may disclose:
(a) summaries of EIA information; or
(b) statistics derived from EIA information;
if those summaries or statistics do not enable the identification of a person.
34 Disclosure to a court, tribunal etc.
(1) An entrusted person may disclose EIA information to a court exercising federal jurisdiction.
(2) An entrusted person may disclose EIA information to:
(a) a court; or
(b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;
for 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.
Division 4,Use and disclosure of departmental information
Subdivision A,Authorised use and disclosure by the Head of Environment Information Australia
35 Disclosure of protected information for the purposes of the Head’s functions and powers
(1) The Head of Environment Information Australia may disclose departmental information that is protected information to a person if:
(a) the disclosure is for the purposes of performing functions or exercising powers of the Head; and
(b) the Head is satisfied that:
(i) the information is not personal information; and
(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
(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.
Note: Civil penalties apply if persons use or disclose information other than in accordance with conditions (see section 39).
(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.
(3) To avoid doubt, subsection (1) does not affect an authorisation to disclose departmental information under:
(a) any other law of the Commonwealth; or
(b) the executive power of the Commonwealth.
Subdivision B,Authorised use and disclosure by entrusted persons
36 Use and disclosure for the purposes of the Head’s functions and powers
(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.
(2) Subsection (1) does not authorise:
(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
(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.
(3) To avoid doubt, subsection (1) does not affect an authorisation to use or disclose departmental information under:
(a) any other law of the Commonwealth; or
(b) the executive power of the Commonwealth.
Division 5,Civil penalties
37 Unauthorised use or disclosure of EIA information that is protected information,entrusted person
Unauthorised use or disclosure
(1) A person is liable to a civil penalty if:
(a) the person is, or has been, an entrusted person; and
(b) the person has obtained EIA information in the person’s capacity as an entrusted person; and
(c) the information is protected information; and
(d) the person uses or discloses the information.
Civil penalty: 200 penalty units.
Exceptions
(2) Subsection (1) does not apply if the use or disclosure is authorised or required by:
(a) this Act; or
(b) any other law of the Commonwealth; or
(c) a prescribed law of a State or a Territory.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).
38 Unauthorised use or disclosure of protected information,official of certain Commonwealth entities
A person is liable to a civil penalty if:
(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
(b) the person has obtained relevant information in the person’s capacity as an official of the entity; and
(c) the information is protected information that was disclosed to the entity under any of the following provisions:
(i) section 20 (disclosure of EIA information to Commonwealth entities);
(ii) subsection 26(1) (disclosure of EIA information for the Head’s functions and powers);
(iii) subsection 36(1) (disclosure of departmental information for the Head’s functions and powers); and
(d) the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.
Civil penalty: 200 penalty units.
39 Unauthorised secondary use or disclosure of protected information
A person is liable to a civil penalty if:
(a) the Head of Environment Information Australia:
(i) discloses protected information to the person under subsection 25(1) or 35(1); and
(ii) imposes a condition on the person’s use or disclosure of the information under subsection 25(2) or 35(2), as applicable; and
(b) the person uses or discloses the information, other than in accordance with the condition.
Civil penalty: 200 penalty units.
Part 5,Appointment of the Head of Environment Information Australia and assistance from staff and contractors
40 Simplified outline of this Part
This 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.
41 Appointment
(1) The Head of Environment Information Australia is to be engaged under the Public Service Act 1999.
(2) The Head is to be an SES employee in the Department.
Note: The expression SES employee is defined in section 2B of the Acts Interpretation Act 1901.
42 Staff
(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.
(2) When performing services for the Head, the staff are subject to the Head’s directions.
43 Contractors
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.
Part 6,Miscellaneous
44 Simplified outline of this Part
This Part deals with miscellaneous matters, such as delegations and rules.
45 Delegation
(1) The Head of Environment Information Australia may, in writing, delegate all or any of the Head’s functions or powers to:
(a) an SES employee, or acting SES employee, in the Department; or
(b) an APS employee who holds, or is acting in, an Executive Level 2 (or equivalent) position in the Department.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(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.
(3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Head.
46 Annual report
(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.
Note: See also section 34C of the Acts Interpretation Act 1901 for provisions relevant to this report.
(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.
47 Enforcement of civil penalty provisions
Enforcement of civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: 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.
Authorised applicant
(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.
Relevant court
(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:
(a) the Federal Court of Australia;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) a court of a State or Territory that has jurisdiction in relation to the matter.
Extension to external Territories
(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.
48 Liability for damages
None of the following:
(a) the Head of Environment Information Australia;
(b) the staff assisting the Head referred to in subsection 42(1);
(c) persons engaged by the Secretary under section 43;
is 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:
(d) in the performance or purported performance of any function; or
(e) in the exercise or purported exercise of any power;
conferred by this Act.
49 Executive power of the Commonwealth
This Act does not, by implication, limit the executive power of the Commonwealth.
50 Review of operation of Act
Requirement to conduct reviews
(1) The Minister must cause independent reviews of the operation of this Act to be conducted in accordance with this section.
Matters review must consider
(2) Without limiting subsection (1), a review must consider whether, and to what extent, this Act has:
(a) improved the availability and accessibility of high quality national environmental information and data; and
(b) improved accountability for matters that affect the environment through regular, comprehensive and transparent reporting.
Frequency of reviews
(3) The first review must be completed within 5 years after the commencement of this section.
(4) Each subsequent review must be completed within 5 years after the completion of the previous review.
(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.
Report of review
(6) The person who, or body that, conducts a review must give the Minister a written report of the review.
(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.
Response to review
(8) The Minister must arrange for a response to the review to be:
(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
(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.
51 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;