Creates a new institutional architecture and regulatory framework for national environmental decision‑making. Key features are:
Establishes the National Environmental Protection Agency (NEPA) and gives its CEO many day‑to‑day decision, assessment and enforcement powers previously exercised by the Minister or the department (numerous changes across the Act; see Schedule 2 and new CEO references such as section 515AAA).
Authorises the Minister to make legally binding national environmental standards as legislative instruments (Part 19B; see section 514YD). Those standards must promote the Act’s objects and be consistent with international obligations; they must be applied in specified decision types (see section 514YK). The law requires consultation, review and a “no regression” test before weakening standards (sections 514YH–514YJ, 514YG).
Introduces a statutory definition of “unacceptable impacts” and bars approvals that would have unacceptable impacts on nationally protected matters (section 527F; see new prohibitions section 136B).
Introduces a mandatory net gain test for approvals where an action causes a residual significant impact; approvals must result in compensated outcomes that achieve a net environmental gain (sections 527J–527K and 136C).
Replaces traditional offsets with a framework that allows proponents to pay a restoration contribution charge into a Restoration Contributions Special Account to be spent by a new Restoration Contributions Holder to deliver restoration actions (Part 12B — see sections 177CL–177DJ and 177DK). Regulations set charge computation and exemptions (Restoration Charge Imposition Act 2025).
The Environment Protection Reform Act 2025, assented to on 1 December 2025 as Act No. 68 of 2025, makes extensive amendments to the Environment Protection and Biodiversity Conservation Act 1999. Schedule 1 introduces national environmental standards as legislative instruments under new Part 19B, requiring approvals and instruments to be consistent with them. It inserts definitions of unacceptable impacts in new section 527F and the net gain test in sections 527J and 527K, mandating that actions pass these tests or face refusal. Bioregional plans are established under new Part 12A, specifying development zones, conservation zones and restoration measures. National interest proposals and exemptions are reformed in Divisions 2A and 3 of Part 11, allowing approvals in the national interest even where standards or net gain requirements are not met. Assessment pathways are streamlined under Part 8, replacing some processes with accredited, streamlined, environmental impact statement or public inquiry options. Penalties are increased in Part 2 of Schedule 1, with new civil penalty formulas. Restoration contribution charges are enabled, supported by the Restoration Contributions Special Account and Holder. The nuclear actions trigger is renamed the radiological exposure action trigger. Consequential amendments affect 11 other Acts, including the Airports Act 1996, Environment Protection (Sea Dumping) Act 1981, Hazardous Waste (Regulation of Exports and Imports) Act 1989, Nature Repair Act 2023, Offshore Petroleum and Greenhouse Gas Storage Act 2006, Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and Regional Forest Agreements Act 2002. Schedule 2 provides for the National Environmental Protection Agency, transferring functions from the Minister and Secretary to the CEO. Schedule 3 transfers State of the Environment reporting to the Head of Environment Information Australia. Commencement occurs on royal assent for some provisions, with others on proclamation or linked to the National Environmental Protection Agency Act 2025, generally by 1 July 2026.
Official source available
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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 amends the Environment Protection and Biodiversity Conservation Act 1999 to: streamline the assessment and approvals process; update provisions relating to accreditation and bilateral agreements; provide for bioregional plans; provide a framework for the minister to make, vary and revoke national environmental standards; make it clear that projects with unacceptable impacts on nationally protected matters can no longer be approved; prevent a project being approved unless all residual significant impacts of the action on nationally protected matters have been compensated to a net gain; provide a mechanism for projects that are in the national interest to be approved even if they do not meet certain requirements; allow conditions to be attached to taking an action covered by a national interest exemption; amend provisions relating to reconsiderations; update provisions relating to conservation planning and heritage; update compliance and enforcement powers; and make administrative amendments. Also makes consequential amendments to 11 other Acts.
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
Consideration in detail debate
Amendment details: 1 Crossbench 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
Creates new planning instruments: bioregional guidance plans (non‑regulatory guidance; section 176) and full‑blown bioregional plans with development zones, conservation zones, priority actions and restrictions (Part 12A; see sections 177AA–177AR). Bioregional plans can register priority actions, attach conditions and require payment of bioregional charges (sections 177AE–177AG, 177AH, 177BN–177BQ).
Preserves and retools accreditation/bilateral pathways and introduces processes to accredit a state/territory management or authorisation framework for Commonwealth purposes (sections 33 and 46 and associated sections such as 33A, 46A). Accreditation requires satisfaction of national standards, net gain and no unacceptable impacts (see 33(3), 46(3)). There are new mandatory undertakings and assurance and review powers (see 48A, 46BA, 36D, 65D).
Introduces national interest proposals and a revamped national interest exemption regime. The Minister may declare an action a national interest proposal (section 157A) or grant an exemption from specified provisions in the national interest (sections 157H–157M). National interest proposals/exemptions can override some otherwise applicable requirements (but the Act requires specified tests and publication and allows conditions; see 157C, 157L and 157M).
Streamlines assessment pathways and introduces a new streamlined assessment pathway alongside accredited assessment, assessment on preliminary documentation, EIS and inquiry (Division 5A — sections 100A–100B; see section 80 and 85). The Minister may change an assessment approach in specified circumstances (section 92).
Adds a greenhouse‑gas disclosure requirement during assessment (section 84A) and requires specified GHG information to be published for certain pathways (see 84A(8), 87(5B), and related EIS and recommendation report amendments).
Strengthens compliance and enforcement: more inspection, audit and assurance powers; a register of auditors; directed environmental audits and compliance audits (Division 12, sections 458–462); a new power for the CEO to issue environment protection orders (sections 474A–474H); expanded criminal and civil penalties and a new formula for maximum civil penalties (see Part 2: sections 481, 481A).
Creates new administrative instruments and transparency mechanisms: Minister and CEO “rulings” as published guidance (Part 19C: sections 514YL–514YT) and public registers for restoration contributions, registered priority actions and audit outcomes (e.g. Part 12B Divisions 4–5).
Who is affected (practically):
Project proponents and developers: they face new upfront information requirements (GHG estimates, registration for priority actions), potential new financial liabilities (restoration contribution charges, bioregional plan charges), new registration and reporting obligations, and expanded criminal/civil exposure if conditions are breached (see sections 84A; Part 12B; 177BN–177BQ; sections 134, 481A).
Business sectors with nationally significant projects — mining, energy, infrastructure, agriculture, forestry — because of the net‑gain, bioregional planning and accreditation regimes and the Minister’s national interest powers (see 136C, Part 12A, 33, 46, 157A/157H). Notably, the Act expressly excludes fossil fuel actions from some national interest shortcuts (see sections 157A(1A), 146P(1A), 177CF(1A), 177BT(1A)).
States and territories: the bilateral/accreditation regime is tightened (new mandatory undertakings, review and suspension powers for the Commonwealth; see 48A, 65D); NEPA gains oversight and assurance authority over accredited frameworks (see 36D, 46BA).
NEPA/department staff and institutional actors: NEPA’s CEO acquires many decision, delegation and enforcement functions (Schedule 2; section 515AAA). The Restoration Contributions Holder and Restoration Contributions Advisory Committee are new statutory actors with money‑management and advisory roles (see Part 12B: 177CL–177CP; 505F–505G).
Communities, Indigenous groups and environmental scientists: new public consultation and Indigenous engagement requirements appear in several places (bioregional plan consultation, protection statement processes, national standards consultation; see 176C, 177AL, 298E, 514YH–514YI).
Why it matters (costs, incentives, trade‑offs, who decides):
Who pays: private proponents bear more explicit monetary obligations where their projects cause residual significant impacts — either by delivering restoration actions or paying restoration contributions into the Commonwealth fund (Part 12B; see sections 177CS–177CV and 177DK on credits to the Restoration Contributions Special Account). The regulations will set rates or methods (Restoration Charge Imposition Act 2025). Businesses will therefore face more predictable government‑managed compensatory arrangements in some cases, and possibly lower transactional costs compared with bespoke offset projects — but they may also face higher direct charges.
Who decides and where discretion sits: many decisions move from ministerial exercise to the NEPA CEO (Schedule 2; section 515AAA). The Minister retains headline powers (national standards, national interest exemptions/proposals), but the CEO has large operational authority (approvals, permits, inspections, rulings, publication). That shifts day‑to‑day decision risk to the new agency and concentrates implementation discretion in a statutory CEO office. The Act also gives the Minister and CEO published “rulings” (Part 19C) that decision‑makers are generally required to follow unless they publish reasons for departing (sections 514YL–514YT; 514YT). This increases administrative predictability but can also centralise rule‑making through non‑legislative instruments.
Compliance burden and transaction costs: the Act increases regulatory detail and paperwork: GHG disclosure (section 84A), registration and reporting for bioregional plans (177BN and following), new auditing and monitoring (Div.12, ss.458–462; register of auditors 462G–462J), and public reporting obligations for the Restoration Contributions Holder (177DI). Firms face new compliance costs and potentially higher predictable charges.
Incentives for project design: the net gain test makes avoiding and mitigating impacts still optimal (residual impacts must be compensated to net gain), and bioregional plans can create development zones with clear permitted classes of actions, which can increase certainty for proponents locating in development zones (see 177AD–177AG). However, the “national interest” ladders (national interest proposals and exemptions) give the Minister a route to approve projects even if they fail national standards or net gain — creating a political override (see 157A/157H and the exceptions in sections 136A–136C). That introduces a potential substitution effect: where a project cannot meet the net gain or standards, proponent lobbying for national interest status becomes an alternative.
Competition and market effects: the Act centralises some compensation delivery through the Restoration Contributions Holder (public fund) rather than bespoke private offsets markets. That can create scale‑economy restoration projects and reduce transaction costs for smaller proponents, but it also concentrates demand for restoration services under a single purchaser and may change incentives for private offset providers. The Act also allows the Minister to require restoration charges rather than negotiated offsets (see 134(3)(ac) and 177DK).
Implementation risk and discretion: the Act delegates many operational powers to NEPA’s CEO, requires multiple new rule‑making instruments, and depends on regulations (many detailed methods and exemptions are left to subordinate instruments, e.g. greenhouse gas estimation methods, restoration charge methods). That raises sequencing and delegated‑rule risks: key policy settings will be in regulations and agency instruments (see sections 84A(5–8), 514YE, 177DK).
Concentrated benefits and diffuse costs: approvals and national interest exemptions can deliver concentrated private benefits (big projects, developers) while the costs (biodiversity losses, climate impacts, and potential increased charges spread across firms or buyers) are distributed. The Act builds in public compensation and restoration structures, but the allocation of where money is spent is a political and administrative choice via the Restoration Contributions Holder.
Transparency and rights of review: the Act increases publication and review requirements (rulings, bioregional plans, recommendation reports), limits some publication for national interest material on national security/commercial grounds (see 157D and 133(7A–7B)), and tightens time‑limits for reconsiderations and standing in some areas (see 78A and related items). It also creates new judicial and administrative routes (injunctions, audits, civil penalty actions).
Concrete trade‑offs and likely behavioural effects (section examples):
Proponents face a choice: redesign to avoid residual significant impacts, fund bespoke offsets, or pay into the Restoration Contributions Special Account and accept delivery by the Restoration Contributions Holder (see 527K and Part 12B: 177CS–177DK).
States seeking Commonwealth exemption for their accredited frameworks must make mandatory undertakings (48A/48C): this increases Commonwealth control over state delegation and may reduce the willingness of some states to enter “one‑stop” agreements unless undertakings are acceptable.
The national interest routes (157A/157H) create a clear, high‑visibility pathway for projects with strategic or defence benefits, but they also create a discretionary override that can permit approvals otherwise barred under unacceptable‑impact or net‑gain rules; conditions may be attached (157M).
Practical points for businesses and advisers:
Expect new upfront disclosure (GHG estimates), potential registration and charges if operating in a bioregional development zone, and stronger audit and enforcement scrutiny (sections 84A; 177BN–177BQ; 458–462; 474A).
Check whether a proposed management framework or bilateral agreement is accredited and the mandatory undertakings that will apply (sections 33, 46 and 48A).
Anticipate new public instruments (national standards, rulings, bioregional plans) that will materially affect approvals and conditions — most operational detail will come from regulations and agency instruments (section 514YD and 514YE).
Net summary (plain): This Act overhauls the EPBC framework by combining (a) national, legally‑binding standards and a new “net gain” compensation test; (b) a centralized public restoration fund and holder to spend restoration charges; (c) a new national agency (NEPA) and CEO with major operational powers; (d) bioregional planning that creates development and conservation zones with registration and conditions; and (e) streamlined assessment pathways plus retainment of ministerial national interest shortcuts. The result is more centralised, standards‑driven regulation with clear new monetary obligations on proponents and stronger compliance tools — greater predictability in some respects, and more delegated administrative discretion and regulatory detail (largely in regulations and agency instruments) in others.
(Selected section references: national environmental standards — 514YD; unacceptable impacts — 527F; net gain — 527J–527K and 136C; restoration framework — Part 12B (e.g. 177CL–177DK); bioregional plans — 177AA et seq.; accreditation/bilateral processes — sections 33 and 46; national interest proposals/exemptions — 157A and 157H; greenhouse gas disclosure — 84A; streamlined assessment — Division 5A (100A–100B); audits and EPOs — sections 458–462 and 474A–474H; civil penalty maxima — 481A).
Main concepts
Central concepts include national environmental standards, which set enforceable outcomes for decision-making across protected matters. Unacceptable impacts, defined in section 527F, prohibit approvals where actions would cause serious or irreversible damage to matters such as world heritage values, threatened species viability or Ramsar wetland ecological character. The net gain test in sections 527J and 527K requires residual significant impacts to be compensated to achieve a net environmental gain, often through restoration actions or payment of restoration contribution charges. Bioregional plans under Part 12A delineate development zones for priority actions, conservation zones restricting actions, and mandatory restoration measures. National interest proposals in Division 2A of Part 11 permit ministerial override of standards or net gain requirements where the intended outcome serves Australia's defence, security or strategic interests. Restoration contributions establish a fund and advisory committee to deliver landscape-scale restoration instead of proponent-led offsets. Streamlined assessment pathways reduce duplication while maintaining information requirements, including greenhouse gas emissions disclosure under section 84A. The radiological exposure action trigger clarifies application to uranium mining and radioactive waste facilities. Linked concepts from the package include the National Environmental Protection Agency, which assumes compliance and enforcement roles, and Environment Information Australia, responsible for State of the Environment reporting and environmental economic accounts.
Who it affects
The Act directly affects project proponents in mining, energy, infrastructure and agriculture who must navigate new approval pathways, demonstrate net gain outcomes and potentially pay restoration charges. State and territory governments are impacted through updated bilateral agreement requirements, accreditation of management frameworks and mandatory undertakings to ensure consistency with national standards. Commonwealth agencies face transferred functions to the CEO of the National Environmental Protection Agency and new reporting obligations. Environmental organisations and community groups gain enhanced enforcement tools and public register access but face concerns over potential weakening of protections. Industry bodies, including the Minerals Council of Australia and Business Council of Australia, encounter streamlined processes alongside higher penalties and offset liabilities. First Nations groups are affected via requirements to consider Indigenous knowledge in bioregional planning and protection statements. The agricultural sector must comply with vegetation clearing restrictions near the Great Barrier Reef catchment. Legal practitioners and consultants advising on environmental approvals must update practices to address the new tests, conditions and transitional provisions. The broader public benefits from improved transparency through published rulings, registers and annual reports but may experience delays during the transition to new systems.
What people will want to know
Project proponents will want to know how to demonstrate that actions pass the net gain test, including calculation methods for residual impacts and acceptable restoration contributions. They will seek clarity on the scope of national interest exemptions and the evidence required to establish Australia's national interest. Developers will ask about transitional arrangements for actions already referred or assessed under previous rules, particularly whether existing approvals remain valid. Landholders near the Great Barrier Reef will need details on the 15-year vegetation clearing exemption and its interaction with the water trigger. Industry will inquire about the timing of national environmental standards and whether existing projects must retrospectively comply. Environmental groups will want confirmation that unacceptable impact prohibitions are legally enforceable and that bioregional plans cannot override critical habitat protections. States will seek guidance on negotiating new bilateral agreements and the scope of mandatory undertakings. Communities will ask how public consultation occurs for bioregional plans and protection statements. All parties will need practical information on the new register of auditors, environment protection orders and the Restoration Contributions Special Account, including how charges are calculated and spent. Legal advisers will require details on the interaction between the Reform Act and the linked National Environmental Protection Agency Act, including delegation limits and review mechanisms.
Status and what happens next
The Act received royal assent on 1 December 2025 and is now law. Sections 1 to 3 and Schedule 1 Part 3 commenced on assent. Most substantive amendments in Schedule 1 Parts 1 and 2 commence on proclamation or 12 months after assent, with some items on the day after assent. Schedule 2 provisions commence at the same time as the National Environmental Protection Agency Act 2025, expected on 1 July 2026, with contingent amendments linked to sea dumping reforms. Schedule 3 commences with the Environment Information Australia arrangements. The Senate Environment and Communications Legislation Committee reported on the Bill, and the Scrutiny of Bills Committee examined it in Digest 8 of 2025. The Minister may issue notifiable instruments to stagger commencement for different matters. Proponents should monitor the Federal Register of Legislation for proclamation dates and draft national environmental standards. The CEO of the National Environmental Protection Agency will begin exercising transferred powers from 1 July 2026. Existing controlled action decisions and approvals continue under transitional rules in Part 3 of Schedule 1. Further regulations will prescribe details of charges, net gain calculations and auditor registration. The first State of the Environment report under the new framework is due by 15 December 2028.
Powers, duties and rights created
The Minister gains power to make, vary and revoke national environmental standards and bioregional plans, issue rulings on the application of environment law provisions, and grant national interest exemptions and proposals. The CEO of the National Environmental Protection Agency receives extensive transferred powers, including issuing environment protection orders, directing environmental audits, granting permits under Parts 13 and 17, and enforcing compliance across nine environmental laws. The Restoration Contributions Holder is established with duties to deliver restoration actions, manage the Special Account and prepare management plans. The Restoration Contributions Advisory Committee must advise on appropriate restoration measures. Proponents gain rights to request reconsideration of controlled action decisions within strict time limits and to seek determinations allowing continuation of actions during review. States and territories obtain clearer pathways for accredited frameworks but incur duties to provide mandatory undertakings and report annually on compliance. The public gains rights to access published registers, rulings, audit reports and quarterly exemption lists. The Threatened Species Scientific Committee and other advisory bodies receive expanded consultation roles on protection statements and bioregional plans. Auditors registered under the new scheme have rights to conduct directed and compliance audits subject to guidelines.
Money, penalties and enforcement
Restoration contribution charges, bioregional plan registration charges, national interest exemption charges and Part 13 exemption charges are imposed under linked legislation, with amounts determined by regulation or prescribed methods. Charges are credited to the Restoration Contributions Special Account and used for landscape-scale restoration. Criminal penalties for taking actions without approval are increased, with maximum terms reflecting the seriousness of impacts on protected matters. Civil penalties for Part 3 and subsection 142(1) contraventions are calculated using a new formula incorporating benefit derived and detriment avoided, with maxima up to 50,000 penalty units for bodies corporate or 10 per cent of annual turnover. Environment protection orders may require immediate cessation of activities or remediation, enforceable by civil penalties up to 300 penalty units for non-compliance. The CEO may issue improvement notices and seek remediation determinations. Registered auditors face deregistration for non-compliance with guidelines. The Act strengthens enforcement through expanded inspection powers, evidentiary certificates and information-sharing arrangements. Overpayments of charges are refundable, and late payment penalties accrue daily. Cost recovery charges for permits and audits are prescribed by regulation, with the CEO able to waive or remit in prescribed circumstances.
Pressure points and controversies
The official materials records significant stakeholder divergence. Environmental groups, including the Australian Conservation Foundation and Greenpeace, argued the Bill weakens protections by prioritising mining interests and failing to include a climate trigger or close native forest logging loopholes. The Australian Greens described the legislation as not worth the paper it is printed on and worse than the status quo. In contrast, the Business Council of Australia and Minerals Council welcomed faster approvals and regional planning but stressed the need for clear definitions of net gain and unacceptable impacts. The Coalition criticised the reforms as a red light to jobs and called for separation of practical streamlining measures from contentious elements. Independent senators and members sought stronger climate considerations and Indigenous knowledge integration. Legal and policy trade-offs centre on balancing streamlined processes against robust environmental outcomes, the breadth of ministerial discretion in national interest cases, and the effectiveness of restoration charges versus traditional offsets. The Bills Digest notes concerns that accreditation of state frameworks may reduce Commonwealth oversight. Transitional provisions for actions already in the system create uncertainty for proponents. The requirement for net gain compensation raises questions about measurement methodologies and the capacity of the Restoration Contributions Holder to deliver measurable improvements.
What changes if it passes
With royal assent granted, the legal framework for environmental approvals is fundamentally altered. Proponents must now demonstrate consistency with national environmental standards and achievement of net gain for residual impacts, shifting from a purely impact-minimisation model. Bioregional plans provide upfront zoning certainty in designated regions, allowing registered priority actions to proceed without individual referrals in development zones. Unacceptable impact prohibitions create hard limits on approvals for actions causing serious damage to critical habitats or species viability. The National Environmental Protection Agency assumes day-to-day compliance and enforcement, freeing the Minister for strategic decisions while introducing independent oversight. Restoration contributions replace some proponent-led offsets with pooled funding for strategic outcomes. Assessment timeframes are tightened through streamlined pathways, although information requirements, including greenhouse gas disclosure, remain rigorous. Existing approvals and controlled action decisions continue under savings provisions, but new applications must comply with the updated tests. Public transparency increases through published rulings, audit reports and registers. The overall effect is a more outcomes-focused regime with stronger penalties and enforcement, coupled with mechanisms for national interest flexibility. Implementation will require new regulations, guidance and capacity building within NEPA and proponent organisations.
Social post angles
New EPBC rules require net gain for every significant residual impact. Proponents must now plan restoration contributions or actions upfront. National interest exemptions allow strategic projects to proceed despite environmental shortfalls. The Minister can approve actions serving defence or economic priorities even where standards are not met. Bioregional plans create go and no-go zones for development. Landholders in priority development areas gain clearer pathways but must register actions and comply with conditions. Unacceptable impact rules set hard limits. Actions causing serious damage to threatened species or Ramsar wetlands can no longer be approved. Restoration charges fund landscape-scale recovery. Payments go into a special account managed by a dedicated Holder and Advisory Committee. Greenhouse gas reporting is mandatory at assessment stage. Proponents must disclose scope 1 and 2 emissions and management strategies. NEPA takes over compliance. The new agency handles permits, audits and enforcement across multiple environmental laws from July 2026. Protection statements translate science into regulatory language. These documents become primary references for decision-makers instead of lengthy recovery plans.
Committee of the Whole debate
Amendment details: 84 Government and 91 Australian Greens agreed to
27 Nov 2025
Third reading agreed to
27 Nov 2025
House of Representatives
Consideration of Senate message
Details: House agreed to Senate amendments
28 Nov 2025
Finally passed both Houses
28 Nov 2025
Assent
Act no: 68
Year: 2025
01 Dec 2025
Notes
Documents and transcripts
Text of bill
First reading
Third reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Revised explanatory memorandum
Supplementary explanatory memorandum relating to sheet GJ129
Supplementary explanatory memorandum relating to sheet GJ130
Supplementary explanatory memorandum relating to sheet LM113
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
House of representatives
2nd reading amendment
CHANEY, Kate, MP
Detail - Crossbench [sheet 2]
SPENDER, Allegra, MP
Detail - Crossbench
STEGGALL, Zali, MP
Detail - Crossbench [sheet 2]
SCAMPS, Sophie, MP
Detail - Crossbench
HAINES, Helen, MP
Detail - Crossbench
BOELE, Nicolette, MP
Detail - Crossbench
CHANEY, Kate, MP
Detail - Crossbench
SPENDER, Allegra, MP
Detail - Crossbench
SCAMPS, Sophie, MP
Detail - Crossbench
WILKIE, Andrew, MP
Detail - Crossbench
RYAN, Monique, MP
Senate
2R - Australian Greens [sheet 3561]
WATERS, Sen Larissa
2R - Pauline Hanson's One Nation [sheet 3562]
ROBERTS, Sen Malcolm
CW - Australian Greens [sheet 3577]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3574 revised]
CW - Australian Greens [sheet 3573]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3576]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3572]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3571]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3570]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3569]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3568]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3567]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3566]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3565]
HANSON-YOUNG, Sen Sarah
CW - Australian Greens [sheet 3564]
WATERS, Sen Larissa
CW - Australian Greens [sheet 3577]
HANSON-YOUNG, Sen Sarah
CW - Government [sheet LM113]
CW - Government [sheet GJ130]
CW - Government [sheet GJ129]
CW - Independent [sheet 3538]
THORPE, Sen Lidia
CW - Independent [sheet 3551]
THORPE, Sen Lidia
CW - Independent [sheet 3542]
POCOCK, Sen David
CW - Independent [sheet 3545]
POCOCK, Sen David
CW - Independent [sheet 3541]
POCOCK, Sen David
CW - Independent [sheet 3540]
POCOCK, Sen David
CW - Independent [sheet 3543]
POCOCK, Sen David
CW - Independent [sheet 3539]
POCOCK, Sen David
CW - Opposition [sheet 3523]
DUNIAM, Sen Jonathon
CW - Opposition [sheet 3522]
DUNIAM, Sen Jonathon
CW - Opposition [sheet 3508]
DUNIAM, Sen Jonathon
CW - Opposition [sheet 3556]
MCKENZIE, Sen Bridget
CW - Opposition [sheet 3511]
DUNIAM, Sen Jonathon
CW - The Nationals [sheet 3557]
CANAVAN, Sen Matthew
Schedules of amendments
Schedule of the amendments made by the Senate
Bills digest
Bills Digest
Notes
Referred to Committee (30/10/2025): Environment and Communications Legislation Committee; Committee report (02/04/2026)
Considered by scrutiny committee (18/11/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 8 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 amend the law relating to the environment, and for related purposes
Contents
1 Short title 1
2 Commencement 2
3 Schedules 4
Schedule 1,General amendments 5
Part 1,General amendments 5
Airports Act 1996 5
Environment Protection and Biodiversity Conservation Act 1999 5
Environment Protection (Sea Dumping) Act 1981 383
Hazardous Waste (Regulation of Exports and Imports) Act 1989 383
Nature Repair Act 2023 383
Offshore Petroleum and Greenhouse Gas Storage Act 2006 384
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 386
Regional Forest Agreements Act 2002 386
Part 2,Amendments relating to penalties 388
Division 1,Amendments relating to criminal penalties 388
Environment Protection and Biodiversity Conservation Act 1999 388
Division 2,Amendments relating to civil penalties 388
Environment Protection and Biodiversity Conservation Act 1999 388
Part 3,Application and transitional provisions 396
Schedule 1A,Amendments relating to continuation of a use of land, sea or seabed 414
Environment Protection and Biodiversity Conservation Act 1999 414
Schedule 2,Consequential amendments and transitional provisions for the National Environmental Protection Agency Act 2025 415
Part 1,Main amendments 415
Environment Protection and Biodiversity Conservation Act 1999 415
Environment Protection (Sea Dumping) Act 1981 435
Hazardous Waste (Regulation of Exports and Imports) Act 1989 439
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 445
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 446
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 452
Product Emissions Standards Act 2017 452
Recycling and Waste Reduction Act 2020 454
Underwater Cultural Heritage Act 2018 476
Part 2,Contingent amendments 478
Environment Protection (Sea Dumping) Act 1981 478
Part 3,Transitional provisions 479
Division 1,Preliminary 479
Division 2,Provisions relating to establishment of National Environmental Protection Agency 480
Division 3,Other transitional provisions 482
Schedule 3,Consequential amendments and transitional provisions for the Head of Environment Information Australia 485
Part 1,Amendments 485
Environment Protection and Biodiversity Conservation Act 1999 485
Part 2,Transitional provisions 486
Environment Protection Reform Act 2025
No. 68, 2025
An Act to amend the law relating to the environment, and for related purposes
[Assented to 1 December 2025]
The Parliament of Australia enacts:
1 Short title
This Act is the Environment Protection Reform 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
Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day this Act receives the Royal Assent.
1 December 2025
Schedule 1, Parts 1 and 2 other than item 116A and item 571
A day or days to be fixed by one or more Proclamations.
However, if any of the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.
Schedule 1, item 116A and item 571
The day after this Act receives the Royal Assent.
2 December 2025
Schedule 1, Part 3
The day after this Act receives the Royal Assent.
2 December 2025
4A. Schedule 1A
The day after this Act receives the Royal Assent.
2 December 2025
Schedule 2, Part 1
At the same time as the National Environmental Protection Agency Act 2025.
However, the provisions do not commence at all if that Act does not commence.
1 July 2026
Schedule 2, Part 2
The later of:
(a) the same time as the provisions covered by table item 5; and
(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.
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.
Schedule 2, Part 3
At the same time as the provisions covered by table item 5.
1 July 2026
Schedule 3
At the same time as the provisions covered by table item 5.
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.
Providing different days on which amendments are to apply
(2) The Minister may, by notifiable instrument, provide that the amendment made by a provision covered by table item 2 applies, in relation to different matters or things, on and after different days for one or more of those matters or things.
(3) Part 3 of Schedule 1 (application and transitional provisions), or any rules made under item 715 of that Schedule, as it applies in relation to an amendment, does not limit a notifiable instrument made for the purposes of subsection (2) in relation to the amendment.
(4) To avoid doubt, a reference in subsection (2) to an amendment includes the insertion of a new provision or the repeal of a provision.
Note: An amendment might have an application provision in Part 3 of Schedule 1 as well as in a notifiable instrument.
Example: An item in a Schedule to this Act inserts a new section into the principal Act that covers 2 matters, one of which is to begin on Royal Assent and one of which is to begin on a later day. That new section applies in relation to the matter that is to begin on Royal Assent from that day, and in relation to the other matter, from the day that other matter is to begin.
For the purposes of the application provision for the new section in Part 3 of Schedule 1, the day that is the commencement day for the new section will vary depending on the matter (see the definition of commencement day in item 675 of that Schedule).
Date/details information in column 3
(5) 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 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1,General amendments
Part 1,General amendments
Airports Act 1996
1 Subsection 96D(7)
Repeal the subsection.
Environment Protection and Biodiversity Conservation Act 1999
2A Section 11 (paragraph beginning “Also,”)
After “Agreements”, insert “before the sunset day (see section 38),”.
2 After paragraph 12(2)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
3 Paragraph 12(2)(c)
Omit “manner; or”, substitute “manner.”.
4 Paragraph 12(2)(d)
Repeal the paragraph.
5 After paragraph 15A(4)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
6 Paragraph 15A(4)(c)
Omit “manner; or”, substitute “manner.”.
7 Paragraph 15A(4)(d)
Repeal the paragraph.
8 After paragraph 15B(8)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
9 Paragraph 15B(8)(c)
Omit “manner; or”, substitute “manner.”.
10 Paragraph 15B(8)(d)
Repeal the paragraph.
11 After paragraph 15C(16)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
12 Paragraph 15C(16)(c)
Omit “manner; or”, substitute “manner.”.
13 Paragraph 15C(16)(d)
Repeal the paragraph.
14 After paragraph 16(2)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
15 Paragraph 16(2)(c)
Omit “manner; or”, substitute “manner.”.
16 Paragraph 16(2)(d)
Repeal the paragraph.
17 After paragraph 17B(4)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
18 Paragraph 17B(4)(c)
Omit “manner; or”, substitute “manner.”.
19 Paragraph 17B(4)(d)
Repeal the paragraph.
20 After paragraph 19(3)(a)
Insert:
(aa) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
21 Paragraph 19(3)(b)
Omit “manner; or”, substitute “manner.”.
22 Paragraph 19(3)(c)
Repeal the paragraph.
23 After paragraph 20(2)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
24 Paragraph 20(2)(c)
Omit “manner; or”, substitute “manner.”.
25 Paragraph 20(2)(d)
Repeal the paragraph.
26 After paragraph 20A(4)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
27 Paragraph 20A(4)(c)
Omit “manner; or”, substitute “manner.”.
28 Paragraph 20A(4)(d)
Repeal the paragraph.
29 Subdivision E of Division 1 of Part 3 (heading)
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
33 Paragraph 21(4)(c)
Omit “manner; or”, substitute “manner.”.
34 Paragraph 21(4)(d)
Repeal the paragraph.
35 Section 22 (heading)
Repeal the heading, substitute:
22 Definition of radiological exposure action
36 Before subsection 22(1)
Insert:
Radiological exposure action
(1A) An action that is any of the following is a radiological exposure action:
(a) establishing or significantly modifying a nuclear installation;
(b) transporting spent nuclear fuel or radioactive waste products arising from reprocessing;
(c) establishing or significantly modifying a facility for storing radioactive waste products arising from reprocessing;
(d) uranium mining or milling, other than in circumstances involving only trace amounts of uranium;
(e) mining, processing, stockpiling or disposing of naturally occurring radioactive materials, if the action exceeds the activity level prescribed by the regulations for the circumstances in which the action is taken;
(f) establishing or significantly modifying a large‑scale disposal facility for radioactive waste;
(g) decommissioning or rehabilitating any facility or area in which an activity described in any of paragraphs (a) to (f) has been undertaken;
(h) establishing, significantly modifying, decommissioning or rehabilitating a facility at which radioactive materials at or above the activity level prescribed by the regulations for the facility have been, are being, or are proposed to be, used or stored;
(i) an action prescribed by the regulations.
(1B) To avoid doubt, paragraph (1A)(d) does not include operations for the recovery of mineral sands or rare earth elements.
37 Subsection 22(1) (definition of nuclear action)
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
41 Paragraph 22A(8)(c)
Omit “manner; or”, substitute “manner.”.
42 Paragraph 22A(8)(d)
Repeal the paragraph.
43 After paragraph 23(4)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
44 Paragraph 23(4)(d)
Omit “agency; or”, substitute “agency.”.
45 Paragraph 23(4)(e)
Repeal the paragraph.
46 After paragraph 24A(8)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
47 Paragraph 24A(8)(c)
Omit “manner; or”, substitute “manner.”.
48 Paragraph 24A(8)(d)
Repeal the paragraph.
49 After paragraph 24B(3)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
50 Paragraph 24B(3)(d)
Omit “agency; or”, substitute “agency.”.
51 Paragraph 24B(3)(e)
Repeal the paragraph.
52 After paragraph 24C(9)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
53 Paragraph 24C(9)(d)
Omit “agency; or”, substitute “agency.”.
54 Paragraph 24C(9)(e)
Repeal the paragraph.
55 After paragraph 24D(4)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
56 Paragraph 24D(4)(c)
Omit “manner; or”, substitute “manner.”.
57 Paragraph 24D(4)(d)
Repeal the paragraph.
58 After paragraph 24E(4)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
59 Paragraph 24E(4)(c)
Omit “manner; or”, substitute “manner.”.
60 Paragraph 24E(4)(d)
Repeal the paragraph.
61 After paragraph 25(2)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
62 Paragraph 25(2)(c)
Omit “manner; or”, substitute “manner.”.
63 Paragraph 25(2)(d)
Repeal the paragraph.
64 After paragraph 26(3)(b)
Insert:
(c) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
65 Paragraph 26(3)(e)
Repeal the paragraph.
66 After paragraph 27A(6)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
67 Paragraph 27A(6)(d)
Repeal the paragraph.
68 After paragraph 27B(2)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
69 Paragraph 27B(2)(c)
Omit “manner; or”, substitute “manner.”.
70 Paragraph 27B(2)(d)
Repeal the paragraph.
71 After paragraph 27C(5)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
72 Paragraph 27C(5)(c)
Omit “manner; or”, substitute “manner.”.
73 Paragraph 27C(5)(d)
Repeal the paragraph.
74 After paragraph 28(2)(b)
Insert:
(ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or
75 Paragraph 28(2)(d)
Omit “manner; or”, substitute “manner.”.
76 Paragraph 28(2)(e)
Repeal the paragraph.
78 Paragraph 29(1)(b)
Omit “management arrangement or authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of the bilateral agreement”, substitute “management or authorisation framework that is accredited for the purposes of the agreement”.
79 Paragraphs 29(1)(d) and (e)
Repeal the paragraphs, substitute:
(d) the action is taken in accordance with the management or authorisation framework.
80 Paragraph 31(c)
Omit “bilaterally accredited management arrangement or a bilaterally accredited authorisation process”, substitute “management or authorisation framework that is accredited for the purposes of the agreement”.
81 Paragraphs 31(f) and (g)
Repeal the paragraphs, substitute:
(f) the action is taken in accordance with the framework.
82 Division 2 of Part 4 (heading)
Omit “management arrangements or accredited authorisation processes”, substitute “management or authorisation frameworks”.
83 Paragraph 32(a)
Omit “an accredited management arrangement or an accredited authorisation process”, substitute “a management or authorisation framework that is accredited”.
84 Paragraphs 32(c) and (d)
Repeal the paragraphs, substitute:
(c) the action is taken in accordance with the framework.
85 Section 33
Repeal the section, substitute:
33 Making declaration that actions do not need approval under Part 9
Declaration of actions not needing approval
(1) The Minister may declare in writing, in relation to a specified class of actions, that the actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 because the taking of the actions has been approved in accordance with a management or authorisation framework that is accredited for the purposes of the declaration.
Note: Subdivision C deals with prerequisites for making a declaration. Subdivision D deals with suspension, variation and revocation of a declaration. Subdivision E has other provisions relating to declarations (for example, dealing with exclusion determinations and review of declarations).
Minister may accredit management or authorisation framework
(2) The Minister may, by written instrument, accredit a management or authorisation framework for the purposes of a declaration under subsection (1).
Note: The Minister’s power to accredit a framework is affected by other provisions of this section and sections 33A, 33B and 33C.
Minister must not accredit unless satisfied of certain criteria
(3) The Minister must not accredit a management or authorisation framework for the purposes of a declaration under subsection (1) unless the Minister is satisfied that:
(a) the framework is wholly or partly set out in, or wholly or partly made under:
(i) a law of the Commonwealth; or
(ii) an instrument made under a law of the Commonwealth; and
(b) if subparagraph (a)(i) applies to the framework,the law mentioned in that subparagraph:
(i) is identified in the declaration; and
(ii) meets any criteria prescribed by the regulations; and
(c) if subparagraph (a)(ii) applies to the framework,the law and the instrument mentioned in that subparagraph:
(i) are identified in the declaration; and
(ii) each meet any criteria prescribed by the regulations; and
(d) the framework meets any criteria prescribed by the regulations; and
(e) the framework is consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and
(f) approving an action or class of actions in accordance with the framework will be consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and
(g) there has been or will be adequate assessment of the impacts that actions or classes of actions approved in accordance with the framework have or will have or are likely to have on each matter protected by a provision of Part 3 to which the declaration relates (a declared protected matter); and
(h) actions or classes of actions approved or taken in accordance with the framework will not have unacceptable impacts on a declared protected matter; and
Note: See the definition of unacceptable impacts in section 527F.
(i) the taking of an action or class of actions will only be approved under the framework if the approval would, assuming it were required to pass the net gain test, pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have, or is likely to have, on a declared protected matter; and
Note: See the definitions of residual significant impact and passes the net gain test in sections 527J and 527K.
(j) the framework provides for appropriate disclosure of the greenhouse gas emissions information for actions taken in accordance with the framework; and
(k) the Minister has considered any other relevant matter.
Note 1: Subdivision C sets out more prerequisites for accrediting a management or authorisation framework.
Note 2: For paragraph (k), matters that the Minister might consider relevant may include, for example, policies or plans of the Commonwealth.
Identification of law or instrument framework is set out in or made under
(4) The instrument accrediting the framework must identify:
(a) if subparagraph (3)(a)(i) applies to the framework,the law mentioned in that subparagraph; or
(b) if subparagraph (3)(a)(ii) applies to the framework,the law and the instrument mentioned in that subparagraph.
Instruments are not legislative instruments
(5) The following are not legislative instruments:
(a) a declaration made under subsection (1);
(b) an instrument accrediting a management or authorisation framework under subsection (2).
Instruments to be published
(6) The Minister must publish a copy of an instrument mentioned in paragraph (5)(a) or (b):
(a) on the Department’s website; and
(b) in accordance with any other requirements prescribed by the regulations.
33A Tabling and opposition of accreditation of management or authorisation framework
(1) If the Minister proposes to accredit a management or authorisation framework for the purposes of a declaration under subsection 33(1), the Minister must cause the following documents (the relevant documents) to be tabled in each House of the Parliament:
(a) a copy of the documents that together comprise the whole of the framework (including any part of the framework that is not set out in, or made under, a law or instrument);
(b) a notice that the Minister proposes to accredit the framework for the purposes of the declaration.
When Minister must not accredit
(2) The Minister must not accredit the framework if:
(a) notice of a motion to oppose accreditation of the framework is given in a House of the Parliament within the applicable opposition period; and
(b) within 15 sitting days of the House after the giving of the notice, the House passes a resolution, in pursuance of the motion, opposing accreditation of the framework.
When Minister may accredit
(3) The Minister may accredit the framework only if:
(a) no notice of a motion to oppose accreditation of the framework is given in a House of the Parliament within the applicable opposition period; or
(b) if such a notice is given in a House of the Parliament within the applicable opposition period:
(i) the notice is withdrawn or otherwise disposed of within 15 sitting days of the House after the notice is given; and
(ii) the applicable opposition period has ended.
Extended time for opposition after dissolution, expiry or prorogation
(4) If:
(a) notice of a motion to oppose the accreditation of the framework is given in a House of the Parliament (the opposing House) within the applicable opposition period; and
(b) before the end of 15 sitting days of the opposing House after the notice is given:
(i) the House of Representatives is dissolved or expires; or
(ii) the Parliament is prorogued; and
(c) at the time of the dissolution, expiry or prorogation (as the case requires):
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;
the relevant documents are taken, for the purposes of subsections (2) and (3), to have been tabled in the opposing House on the first sitting day of the House after the dissolution, expiry or prorogation (as the case requires).
Meaning of applicable opposition period
(5) In this section:
applicable opposition period, for a House of the Parliament, means the period of 15 sitting days of the House after the relevant documents are tabled in the House under subsection (1).
33B Advice from CEO before accreditation
Before accrediting a management or authorisation framework under subsection 33(2), the Minister must:
(a) seek advice from the CEO in relation to the decision whether to accredit the framework; and
(b) have regard to that advice in making the decision.
33C Accreditation must not result in approval of certain nuclear installations
(1) The Minister may accredit a management or authorisation framework under subsection 33(2) for the purposes of a declaration only if the Minister is satisfied the framework will not result in the approval of an action consisting of or involving the construction or operation of any of the following nuclear installations:
(a) a nuclear fuel fabrication plant;
(b) a nuclear power plant;
(c) an enrichment plant;
(d) a reprocessing facility.
(2) Paragraph (1)(b) does not apply to a naval nuclear propulsion plant related to use in a conventionally‑armed, nuclear‑powered submarine.
86 At the end of Subdivision B of Division 2 of Part 4
Add:
34AA Declaration or accreditation may apply, adopt or incorporate other instruments
Despite section 46AA of the Acts Interpretation Act 1901, a declaration, or accreditation of a management or authorisation framework, under section 33 may apply, adopt or incorporate (with or without modifications) any matter contained in an instrument or other writing:
(a) as in force at a particular time; or
(b) as is in force or existing from time to time.
87 Paragraph 34B(1)(b)
Omit “will promote the management of the property in accordance”, substitute “is not inconsistent”.
88 After paragraph 34B(1)(b)
Insert:
(ba) the Minister is satisfied that the declaration is not inconsistent with any plan prepared for the management of the property under section 316 or as mentioned in section 321; and
89 Subsection 34B(2)
Repeal the subsection, substitute:
(2) The Minister may accredit a management or authorisation framework under section 33 for the purposes of a declaration relating to a declared World Heritage property only if the Minister is satisfied that the framework is not inconsistent with any of the following:
(a) Australia’s obligations under the World Heritage Convention;
(b) the Australian World Heritage management principles;
(c) any plan prepared for the management of the property under section 316 or as mentioned in section 321.
90 Paragraph 34BA(1)(a)
Omit “will promote the management of the place in accordance”, substitute “is not inconsistent”.
91 After paragraph 34BA(1)(a)
Insert:
(aa) the Minister is satisfied that the declaration is not inconsistent with any plan prepared for the management of the place under section 324S or as mentioned in section 324X; and
(ab) the Minister is satisfied that the declaration is not inconsistent with any agreement to which the Commonwealth is party in relation to the National Heritage place; and
92 Subsection 34BA(2)
Repeal the subsection, substitute:
(2) The Minister may accredit a management or authorisation framework under section 33 for the purposes of such a declaration only if the Minister is satisfied that the framework is not inconsistent with any of the following:
(a) the National Heritage management principles;
(b) any plan prepared for the management of the place under section 324S or as mentioned in section 324X;
(c) any agreement to which the Commonwealth is party in relation to the National Heritage place.
93 Paragraph 34C(1)(b)
Omit “will promote the management of the wetland in accordance”, substitute “is not inconsistent”.
94 After paragraph 34C(1)(b)
Insert:
(ba) the Minister is satisfied that the declaration is not inconsistent with any plan prepared for the management of the wetland as mentioned in section 333; and
95 Subsection 34C(2)
Repeal the subsection, substitute:
(2) The Minister may accredit a management or authorisation framework under section 33 for the purposes of a declaration relating to a declared Ramsar wetland only if the Minister is satisfied that the framework is not inconsistent with any of the following:
(a) Australia’s obligations under the Ramsar Convention;
(b) the Australian Ramsar management principles;
(c) any plan prepared for the management of the wetland as mentioned in section 333.
96 Section 34D
Repeal the section, substitute:
34D Declarations relating to listed threatened species and ecological communities
Declarations under section 33
(1) The Minister may make a declaration under section 33 relating to a listed threatened species or a listed threatened ecological community only if the Minister is satisfied the declaration is not inconsistent with the following:
(a) Australia’s obligations under:
(i) the Biodiversity Convention; or
(ii) the Apia Convention; or
(iii) CITES;
(b) a threat abatement plan;
(c) a protection statement;
(d) a recovery plan.
(2) If there is a protection statement for the whole or one or more parts of the species or community:
(a) the requirement in paragraph (1)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and
(b) the Minister may have regard to any such recovery plan; and
(c) the Minister may have regard to an approved conservation advice for the species or community.
(3) If there is no protection statement for the whole or one or more parts of the species or community, the Minister must have regard to an approved conservation advice for the species or community.
Accreditation of management or authorisation frameworks
(4) The Minister may accredit a management or authorisation framework under section 33 for the purposes of a declaration relating to a listed threatened species or a listed threatened ecological community only if the Minister is satisfied the framework is not inconsistent with the following:
(a) Australia’s obligations under:
(i) the Biodiversity Convention; or
(ii) the Apia Convention; or
(iii) CITES;
(b) a threat abatement plan;
(c) a protection statement;
(d) a recovery plan.
(5) If there is a protection statement for the whole or one or more parts of the species or community:
(a) the requirement in paragraph (4)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and
(b) the Minister may have regard to any such recovery plan; and
(c) the Minister may have regard to an approved conservation advice for the species or community.
(6) If there is no protection statement for the whole or one or more parts of the species or community, the Minister must have regard to an approved conservation advice for the species or community.
97 Paragraph 34E(1)(b)
Repeal the paragraph.
98 Subsection 34E(2)
Repeal the subsection, substitute:
(2) The Minister may accredit a management or authorisation framework under section 33 for the purposes of a declaration relating to a listed migratory species only if the Minister is satisfied that the framework is not inconsistent with the Commonwealth’s obligations under whichever of the following conventions or agreements because of which the species is listed:
(a) the Bonn Convention;
(b) CAMBA;
(c) JAMBA;
(d) an international agreement approved under subsection 209(4).
99 Paragraph 34F(1)(a)
Omit “will promote the management of the place in accordance”, substitute “is not inconsistent”.
100 Subsection 34F(2)
Omit “management arrangement or authorisation process” (first occurring), substitute “management or authorisation framework”.
101 Subsection 34F(2)
Omit “management arrangement or authorisation process” (second occurring), substitute “framework”.
102 Subsection 34F(2)
Omit “will promote the management of the place concerned in accordance”, substitute “is not inconsistent”.
103 Subdivision D of Division 2 of Part 4 (heading)
Repeal the heading, substitute:
Subdivision D,Suspension, variation and revocation of declarations
104 Section 35
Repeal the section, substitute:
35 Suspension, variation and revocation of declaration
(1) If, in relation to a declaration in force under section 33, the Minister reasonably believes that a situation mentioned in subsection (2) exists or will arise, or is satisfied that any requirements prescribed by the regulations for the purposes of this subsection are met, the Minister may, by written instrument:
(a) suspend the declaration for the purposes of this Act, or specified provisions of Part 3 of this Act, either generally or in relation to actions of a specified class, for the specified period; or
(b) vary the declaration so that the declaration no longer has effect for the purposes of this Act, or specified provisions of Part 3 of this Act, either generally or in relation to actions of a specified class; or
(c) revoke the declaration.
(2) The situations are that the body administering a management or authorisation framework that is accredited for the purposes of the declaration:
(a) has not complied with the framework; or
(b) has not given effect to the framework in a way that:
(i) accords with the objects of this Act and the objects of this Part; and
(ii) promotes the discharge of Australia’s obligations under any agreement with one or more other countries relevant to a matter covered by the declaration; or
(c) has given effect to the framework in a way that is inconsistent with any national environmental standard prescribed by the regulations for the purposes of paragraph 33(3)(e) or (f); or
(d) has given effect to the framework in a way that has resulted or will result in an unacceptable impact on a matter protected by a provision of Part 3 specified in the declaration; or
Note: See the definition of unacceptable impacts in section 527F.
(e) has given effect to the framework in a way that has resulted or is likely to result in approvals of actions or classes of actions that, assuming the approvals were required to pass the net gain test, would not pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have or is likely to have on a matter protected by a provision of Part 3 specified in the declaration.
Note: See the definitions of residual significant impact and passes the net gain test in sections 527J and 527K.
(3) A variation, revocation or period of suspension takes effect on the day specified in the instrument. The Minister must not specify a day that is earlier than the day that is 10 business days after the day the instrument is made.
(4) For the purposes of paragraph (1)(a), the specified period for a suspension may end:
(a) on a specified day; or
(b) on the occurrence of a specified event.
(5) An instrument made under subsection (1) is not a legislative instrument.
35A Notice of suspension, variation or revocation
(1) As soon as practicable after suspending, varying or revoking a declaration under section 35, the Minister must give the body administering the management or authorisation framework to which the declaration relates:
(a) a copy of the instrument of suspension, variation or revocation; and
(b) a written statement of the reasons for the suspension, variation or revocation.
(2) The Minister must also publish the instrument and statement of reasons:
(a) on the Department’s website; and
(b) in accordance with any other requirements prescribed by the regulations.
35B Suspension, variation or revocation does not affect some actions
If:
(a) a declaration made under section 33 is suspended, varied or revoked; and
(b) before the suspension, variation or revocation, an action was being taken that could be taken without approval under Part 9 for the purposes of a provision of Part 3 because the declaration was in force in relation to the class of actions to which the action belongs; and
(c) as a result of the suspension, variation or revocation, the action can no longer be taken without approval under Part 9 for the purposes of the provision of Part 3; and
(d) the action had not been completed before the suspension, variation or revocation;
this Act continues to operate in relation to the action as if the declaration had not been suspended, varied or revoked.
35C Variation or revocation during period of suspension
(1) Nothing in section 35 prevents the Minister varying or revoking a declaration made under section 33 while the declaration is suspended.
(2) Subsection (1) applies regardless of whether the suspension, variation or revocation has effect generally or otherwise.
35D Reinstatement of suspended declaration
(1) The Minister must, by written instrument, revoke an instrument suspending a declaration made under section 33 if, before the end of the specified period of the suspension, the Minister becomes satisfied that there is no longer a ground under subsection 35(1) for suspending the declaration.
(2) If the Minister revokes the instrument, the Minister must give the body administering the management or authorisation framework to which the declaration relates a copy of the revoking instrument.
(3) The Minister must also publish the revoking instrument:
(a) on the Department’s website; and
(b) in accordance with any other requirements prescribed by the regulations.
(4) Suspension of the declaration ends on the day specified in the revoking instrument (which must not be earlier than the day that instrument is made).
(5) An instrument made under subsection (1) is not a legislative instrument.
35E Reinstatement of varied or revoked declaration
(1) The Minister must, by written instrument (the revoking instrument), revoke an instrument varying or revoking a declaration made under section 33 if, before the variation or revocation takes effect, the Minister becomes satisfied that there is no longer a ground under subsection 35(1) for varying or revoking the declaration.
(2) If the Minister revokes the variation or revocation, the Minister must give the body administering the management or authorisation framework to which the declaration relates a copy of the revoking instrument.
(3) The Minister must also publish the revoking instrument:
(a) on the Department’s website; and
(b) in accordance with any other requirements prescribed by the regulations.
(4) An instrument made under subsection (1) is not a legislative instrument.
105 Section 36 (heading)
Repeal the heading, substitute:
36 Minister must not give preference
106 Subsection 36(1) (heading)
Repeal the heading.
107 Subsection 36(1)
Omit “(1)”.
108 Subsection 36(1)
Omit “management arrangement or authorisation process”, substitute “management or authorisation framework”.
109 Subsection 36(1)
After “section 33, or”, insert “suspending, varying or”.
110 Subsection 36(2)
Repeal the subsection.
111 Section 36A (heading)
Repeal the heading, substitute:
36A Determinations that amended management or authorisation frameworks continue to be accredited
112 Subsections 36A(1) and (2)
Repeal the subsections, substitute:
(1) If:
(a) a management or authorisation framework has been accredited for the purposes of a declaration under section 33; and
(b) the framework is amended, or is proposed to be amended; and
(c) the Minister is satisfied the amendments will not have a significant effect on the operation of the framework; and
(d) the Minister is satisfied that the requirements of the following provisions are met, or will be met, in relation to the framework as amended:
(i) paragraphs 33(3)(d) to (j);
(ii) section 33C;
(iii) section 34A;
(iv) subsection 34B(2), 34BA(2), 34C(2), 34D(4), 34E(2) or 34F(2) (as the case requires);
the Minister may, by instrument in writing, determine that this section applies to the amendments.
(2) If the Minister makes a determination under subsection (1):
(a) the framework as amended is taken to be accredited for the purposes of the declaration; and
(b) subsections 33(3) and (4), and section 33A, do not apply in relation to the amendments to the framework, or the management arrangement or authorisation process as amended; and
(c) actions taken after the determination is made in accordance with the framework as amended do not require approval under Part 9 for the purposes of a specified provision of Part 3.
113 At the end of Division 2 of Part 4
Add:
Subdivision E,Other provisions relating to section 33 declarations
36B Exclusion determination
(1) The Minister may, by written instrument, determine that, despite a declaration in force under section 33 in relation to actions in a class of actions, a specified action in the class that a person proposes to take is excluded from the declaration.
(2) For the purposes of this Act, the action specified in the determination is taken not to be an action in the class of actions specified in the declaration.
Note: The action is also taken to have been referred to the Minister under subsection 68(1) (see section 69A).
(3) As soon as practicable after the determination is made, the Minister must give the following persons a copy of it, together with a written notice that the action is taken to have been referred to the Minister under section 68:
(a) the person proposing to take the action;
(b) the body administering the management or authorisation framework to which the declaration relates.
(4) A determination made under subsection (1) is not a legislative instrument.
36C Review of declaration
(1) The CEO must arrange for a review of a declaration made under section 33 to be started:
(a) within 3 years of the declaration taking effect; and
(b) within 5 years of the day a report of the previous review was given to the Minister under subsection (2).
(2) The persons undertaking a review must give the CEO a report of the review within 6 months of the review starting or within a longer period agreed in writing by the CEO.
(3) The CEO must give a copy of the report of a review to the Minister.
(4) The Minister must publish a copy of the report:
(a) on the Department’s website; and
(b) in accordance with any other requirements prescribed by the regulations.
36D Assurance reviews into declarations made under section 33
(1) The CEO may from time to time cause an authorised officer to conduct an assurance review into a declaration made under section 33.
(2) The assurance review may cover any or all of the following matters:
(a) whether the conditions mentioned in paragraphs 33(3)(d) to (j) continue to be met in relation to any management or authorisation framework accredited for the purposes of the declaration;
(b) whether the administration of any such framework is consistent with the framework as accredited;
(c) whether the administration of any such framework accords with the objects of the Act;
(d) if a matter protected by a provision of Part 3 covered by any such framework is relevant to Australia’s obligations under an international agreement,whether the administration of the framework is not inconsistent with those obligations;
(e) any other matter prescribed by the regulations.
(3) Before the assurance review commences, the CEO must give the body administering any such framework a written notice setting out the matters to be covered by the review.
(4) The CEO must give the Minister a report of the assurance review as soon as possible after conducting the review.
(5) The report of the assurance review may include recommendations in relation to the declaration to which the review relates.
(6) Without limitation, recommendations under subsection (5), may include a recommendation on whether to vary, suspend or revoke the declaration to which the review relates.
36E Duty to provide all reasonable facilities and assistance
A body administering a management or authorisation framework that is accredited for the purposes of a declaration to which an assurance review under subsection 36D(1) relates must provide the CEO, and any persons assisting the CEO, with all reasonable facilities and assistance necessary for the effective exercise of the CEO’s duties in relation to the review.
36F Request for information or documents
If the CEO reasonably believes that a person has information or documents relevant to the subject matter of an assurance review conducted under subsection 36D(1), the CEO may request the person, in writing, to give the CEO any such information or documents (or copies of any such documents).
114 After Division 2 of Part 4
Insert:
Division 2A,Actions covered by Ministerial declarations and NOPSEMA management or authorisation frameworks
36G Actions approved under declared framework do not need Part 9 approval
(1) A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
(a) the action has been approved in accordance with a NOPSEMA management or authorisation framework; and
(b) the action is taken in accordance with the framework; and
(c) a declaration under section 36H specifying the framework and a class of actions to which the action belongs was in operation at the time of the approval.
(2) A NOPSEMA management or authorisation framework is a management or authorisation framework that is set out in, or includes, either or both of the following:
(a) the Offshore Petroleum and Greenhouse Gas Storage Act 2006;
(b) regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that are prescribed by the regulations for the purposes of this paragraph.
(3) For the purposes of this Act, a reference in this Division to an action approved, or an approval of an action, under a NOPSEMA management or authorisation framework is a reference to an action approved (however described), or an approval (however described), of an action under such a framework.
36H Making declaration that actions do not need approval under Part 9
(1) The Minister may declare, in writing, in relation to a specified class of actions, that the actions do not require approval under Part 9 for the purposes of a provision of Part 3 because the taking of the actions has been approved in accordance with a specified NOPSEMA management or authorisation framework.
(2) The Minister must not make a declaration unless the Minister is satisfied that the following conditions are met in relation to the specified class of actions and the specified NOPSEMA management or authorisation framework:
(a) the framework is not inconsistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph;
(b) approving an action in accordance with the framework will not be inconsistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph;
(c) actions approved in accordance with the framework will not have unacceptable impacts on matters protected by provisions of Part 3 to which the declaration relates;
Note: See the definition of unacceptable impacts in section 527F.
(d) actions approved in accordance with the framework will not have or be likely to have a residual significant impact on a matter protected by a provision of Part 3 to which the declaration relates;
Note: See the definition of residual significant impact in section 527J.
(e) the framework requires decision makers to not act inconsistently with any of the following in deciding whether to approve an action:
(i) Australia’s obligations under a designated international agreement;
(ii) any protection statement the decision maker considers relevant;
(iii) any recovery plan the decision maker considers relevant;
Note: In considering whether a recovery plan is relevant, the decision maker may choose to have regard to whether a protection statement applies to the same species or community.
(iv) any threat abatement plan the decision maker considers relevant;
(v) a designated environmental instrument;
(f) the framework requires decision makers to have regard to the following in deciding whether to approve an action:
(i) any bioregional plan, or bioregional guidance plan, the decision maker considers relevant;
(ii) any approved conservation advice the decision maker considers relevant;
(g) the framework includes objects that are consistent with the principles of ecologically sustainable development.
(3) The declaration must specify the framework by identifying the instruments that together comprise the whole of the framework (including any part of the framework that is not set out in, or made under, the Act and regulations mentioned in paragraphs 36G(2)(a) and (b)).
(4) A declaration takes effect on the day specified in the declaration, which must not be earlier than the day the declaration is made.
(5) The Minister must, as soon as practicable after making a declaration:
(a) give a copy of the declaration to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
(b) publish a copy of the declaration on the Department’s website.
(6) A declaration made under subsection (1) is not a legislative instrument.
36J Declaration may apply, adopt or incorporate other instruments
Despite section 46AA of the Acts Interpretation Act 1901, a declaration under section 36H may apply, adopt or incorporate (with or without modifications) any matter contained in an instrument or other writing:
(a) as in force at a particular time; or
(b) as is in force or existing from time to time.
36K Suspension of declaration
(1) The Minister may, by written instrument, suspend a declaration in force under section 36H, either generally or in relation to a specified class of actions, if the Minister is satisfied that a condition mentioned in subsection 36H(2) is not met in relation to the declaration.
(2) As soon as practicable after suspending the declaration, the Minister must:
(a) give written notice of the suspension to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
(b) publish a copy of the notice on the Department’s website.
(3) The notice must specify:
(a) the reasons for the suspension; and
(b) the things that must be done for the suspension to end.
(4) The suspension takes effect:
(a) on the day that is 30 days after the notice is published under paragraph (2)(b); or
(b) if a later day is specified in the notice,on the later day.
(5) An instrument made under subsection (1) is not a legislative instrument.
36L Reinstatement of suspended declaration
(1) The Minister must, by written instrument, revoke an instrument suspending a declaration under section 36H, if the Minister is satisfied that the things that must be done for the suspension to end (see paragraph 36K(3)(b)) have been done.
(2) The Minister must:
(a) give a copy of the instrument to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as soon as practicable after revoking the suspension; and
(b) publish a copy of the instrument on the Department’s website.
(3) The instrument must specify the day the revocation takes effect (which must not be earlier than the day the instrument is made). The suspension of the declaration ends at the end of that day.
(4) An instrument made under subsection (1) is not a legislative instrument.
36M Revocation of suspended declaration by Minister
(1) The Minister may, by written instrument, revoke a suspended declaration, if the Minister is satisfied that the things that must be done for the suspension to end (see paragraph 36K(3)(b)) have not been done after a reasonable period.
(2) As soon as practicable after revoking the declaration, the Minister must:
(a) give written notice of the revocation to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
(b) publish a copy of the notice on the Department’s website.
(3) The notice must specify the reasons for the revocation.
(4) The revocation takes effect on the day specified in the instrument (which must not be earlier than the day the instrument is made).
(5) An instrument made under subsection (1) is not a legislative instrument.
36N Automatic revocation of suspended declaration
A suspended declaration is, by force of this section, revoked at the end of the period of 18 months from the day the suspension took effect.
115 Division 3 of Part 4
Repeal the Division, substitute:
Division 3,Actions covered by bioregional plans
37 Registered priority actions under bioregional plans
A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
(a) the action is taken in a development zone specified in a bioregional plan that is in force; and
(b) the action is a priority action in a priority class of actions specified for the development zone; and
(c) the matter protected by the provision is an impacted protected matter for the priority action; and
(d) the action is a registered priority action in relation to the person; and
(e) the action is taken in accordance with any conditions that:
(i) are attached by the bioregional plan to the taking of the priority action; and
(ii) relate to the impacted protected matter; and
(iii) apply to the taking of the priority action by the person.
115A Subsection 38(1)
Omit “that is undertaken in accordance with an RFA.”, substitute
“that:
(a) is undertaken in accordance with an RFA; and
(b) is completed prior to the sunset day.”.
115B After subsection 38(1)
Insert:
Note: The effect of this subsection is that Part 3 will apply to an RFA forestry operation that commences on or after the sunset day.
115C Subsection 38(2) (before the note)
Insert:
sunset day means the day after the end of the period of 12 months beginning on 1 July 2026.
115D Subdivision B of Division 4 of Part 4
Repeal the Subdivision.
115E Section 42
Omit “Subdivisions A and B”, substitute “Subdivision A”.
115F At the end of section 42
Add:
Note: The effect of this section is that Part 3 applies to an RFA forestry operation mentioned in this section irrespective of when the operation commences.
115G At the end of Subdivision C
Add:
42A Meaning of forestry operations
In this Subdivision:
forestry operations means any of the following done for commercial purposes:
(a) the planting of trees;
(b) the managing of trees before they are harvested;
(c) the harvesting of forest products;
and includes any related land clearing, land preparation and regeneration (including burning) and transport operations. For the purposes of paragraph (c), forest products means live or dead trees, ferns or shrubs, or parts thereof.
116A After subsection 43B(2)
Insert:
(2A) Subsection (1) also does not apply to an action if:
(a) the action consists of, or involves, clearing vegetation from land; and
(b) the land is within 50 metres of any of the following in a catchment area of the Great Barrier Reef Marine Park:
(i) a watercourse (within the meaning of the Water Act 2007);
(ii) a wetland;
(iii) a drainage line.
(2B) Subsection (1) also does not apply to an action if:
(a) the action consists of, or involves, clearing vegetation from land; and
(b) at the time the action is taken, the land has not been cleared of vegetation for a period of at least 15 years; and
(c) the action is not a forestry operation.
Definitions and interpretation
(2C) In this section:
catchment area of the Great Barrier Reef Marine Park means the area falling within the boundary described in the dataset that:
(a) is titled Great Barrier Reef catchment and river basins; and
(b) has a dataset scale of 1:100,000; and
(c) specifies the boundaries of all river basins draining to the Great Barrier Reef; and
(d) is dated 5 May 2018; and
(e) is held by the government of Queensland.
Note 1: An indicative map of this area is set out in Schedule 2.
forestry operations means any of the following done for commercial purposes:
(a) the planting of trees;
(b) the managing of trees before they are harvested;
(c) the harvesting of forest products;
and includes any related land clearing, land preparation and regeneration (including burning) and transport operations. For the purposes of paragraph (c), forest products means live or dead trees, ferns or shrubs, or parts thereof.
116 Subsection 45(3)
Repeal the subsection, substitute:
Limitation on entering bilateral agreement that includes declaration under section 46
(3) However, the Minister must not enter into a bilateral agreement with a State or a self‑governing Territory that includes a declaration under section 46 unless:
(a) at the time the agreement is entered into, there is in force a bilateral agreement with that State or Territory that includes a declaration under section 47; or
(b) the agreement replaces a bilateral agreement that was in force immediately before the entry into the agreement and that included a declaration under section 46 or 47; or
(c) the class of actions specified in the declaration is a class of RFA forestry operations.
117 Section 46
Repeal the section, substitute:
46 Agreement may declare actions do not need approval under Part 9
Declaration of actions not needing approval
(1) A bilateral agreement may declare, in relation to a specified class of actions, that the actions do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E, because the taking of the actions has been approved in accordance with a management or authorisation framework that is accredited for the purposes of the agreement.
Minister may accredit management or authorisation framework
(2) The Minister may, by written instrument, accredit a management or authorisation framework for the purposes of a bilateral agreement.
Note: The Minister’s power to accredit a framework is affected by other provisions of this section and sections 46A and 46B.
Requirements for accrediting management or authorisation frameworks
(3) The Minister must not accredit a management or authorisation framework for the purposes of a bilateral agreement with a State or self‑governing Territory unless the Minister is satisfied that:
(a) the framework is wholly or partly set out in, or wholly or partly made under:
(i) a law of the State or Territory; or
(ii) an instrument made under a law of the State or Territory; and
(b) if subparagraph (a)(i) applies to the framework,the law mentioned in that subparagraph:
(i) is identified in the declaration; and
(ii) meets any criteria prescribed by the regulations; and
(c) if subparagraph (a)(ii) applies to the framework,the law and the instrument mentioned in that subparagraph:
(i) are identified in the declaration; and
(ii) each meet any criteria prescribed by the regulations; and
(d) the framework meets any criteria prescribed by the regulations; and
(e) the framework is consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and
(f) approving an action or class of actions in accordance with the framework will be consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and
(g) there has been or will be adequate assessment of the impacts that actions or classes of actions approved in accordance with the framework have, will have, or are likely to have, on each matter protected by a provision of Part 3 in relation to which the agreement makes a declaration under subsection (1) (a declared protected matter); and
(h) actions or classes of actions approved or taken in accordance with the framework will not have unacceptable impacts on a declared protected matter; and
Note: See the definition of unacceptable impacts in section 527F.
(i) the taking of an action or class of actions will only be approved under the framework if the approval would, assuming it were required to pass the net gain test, pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have, or is likely to have, on a declared protected matter; and
Note: See the definitions of residual significant impact and passes the net gain test in sections 527J and 527K.
(j) the framework provides for appropriate disclosure of the greenhouse gas emissions information for actions taken in accordance with the framework; and
(k) the bilateral agreement requires the State or Territory:
(i) to act in accordance with the framework; and
(ii) not to approve the taking of actions, or classes of actions, that would be inconsistent with the framework; and
(l) the Minister has considered any other relevant matter.
Note 1: Subdivision B sets out more prerequisites for accrediting a management or authorisation framework.
Note 2: For paragraph (l), matters that the Minister might consider relevant may include, for example, the terms of the bilateral agreement or State or Territory policies or plans.
Identification of law or instrument framework is set out in or made under
(4) The instrument accrediting the framework must identify:
(a) if subparagraph (3)(a)(i) applies to the framework,the law mentioned in that subparagraph; or
(b) if subparagraph (3)(a)(ii) applies to the framework,the law and the instrument mentioned in that subparagraph.
No preference
(5) In accrediting a management or authorisation framework for the purposes of a bilateral agreement making a declaration relating to an action:
(a) by a person for the purposes of trade between Australia and another country or between 2 States; or
(b) by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Instruments are not legislative instruments
(6) The following are not legislative instruments:
(a) a declaration made under subsection (1);
(b) an instrument accrediting a management or authorisation framework under subsection (2).
Instruments to be published
(7) The Minister must publish a copy of an instrument mentioned in paragraph (6)(a) or (b):
(a) on the Department’s website; and
(b) in accordance with any other requirements prescribed by the regulations.
46A Tabling and opposition of accreditation of management or authorisation framework
(1) If the Minister proposes to accredit a management or authorisation framework for the purposes of a bilateral agreement under subsection 46(1), the Minister must cause the following documents (the relevant documents) to be tabled in each House of the Parliament:
(a) a copy of the documents that together comprise the whole of the framework (including any part of the framework that is not set out in, or made under, a law or instrument);
(b) a notice that the Minister proposes to accredit the framework for the purposes of the agreement.
When Minister must not accredit
(2) The Minister must not accredit the framework if:
(a) notice of a motion to oppose accreditation of the framework is given in a House of the Parliament within the applicable opposition period; and
(b) within 15 sitting days of the House after the giving of the notice, the House passes a resolution, in pursuance of the motion, opposing accreditation of the framework.
When Minister may accredit
(3) The Minister may accredit the framework only if:
(a) no notice of a motion to oppose accreditation of the framework is given in a House of the Parliament within the applicable opposition period; or
(b) if such a notice is given in a House of the Parliament within the applicable opposition period:
(i) the notice is withdrawn or otherwise disposed of within 15 sitting days of the House after the notice is given; and
(ii) the applicable opposition period has ended.
Extended time for opposition after dissolution, expiry or prorogation
(4) If:
(a) notice of a motion to oppose the accreditation of the framework is given in a House of the Parliament (the opposing House) within the applicable opposition period; and
(b) before the end of 15 sitting days of the opposing House after the notice is given:
(i) the House of Representatives is dissolved or expires; or
(ii) the Parliament is prorogued; and
(c) at the time of the dissolution, expiry or prorogation (as the case requires):
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;
the relevant documents are taken, for the purposes of subsections (2) and (3), to have been tabled in the opposing House on the first sitting day of the House after the dissolution, expiry or prorogation (as the case requires).
Meaning of applicable opposition period
(5) In this section:
applicable opposition period, for a House of the Parliament, means the period of 15 sitting days of the House after the relevant documents are tabled in the House under subsection (1).
46B Advice from CEO before accreditation
(1) Before accrediting a management or authorisation framework under subsection 46(2) for the purposes of a bilateral agreement with a State or self‑governing Territory, the Minister must:
(a) seek advice from the CEO in relation to the decision whether to accredit the framework; and
(b) have regard to that advice in making the decision.
(2) If the Minister has not previously accredited a management or authorisation framework for the purposes of a bilateral agreement with the State or self‑governing Territory, the advice the Minister seeks from the CEO must include advice on the operation of any existing or previous bilateral agreement with the State or self‑governing Territory that includes or included a declaration under subsection 47(1).
(3) However, subsection (2) does not apply if:
(a) the bilateral agreement includes a declaration under subsection 46(1); and
(b) the class of actions specified in the declaration is a class of RFA forestry operations.
Note: Advice given under this subsection may include advice on the kinds of matters mentioned in paragraphs 65D(2)(b) to (f).
46BA Advice from CEO on accredited management or authorisation framework
(1) This section applies if:
(a) a bilateral agreement includes the declaration described in subsection 46(1) in relation to a management or authorisation framework that is accredited for the purposes of the agreement; and
(b) the agreement is in force.
(2) If the CEO becomes aware that the framework has been amended, the CEO must provide advice to the Minister about the agreement and the framework as amended.
(3) The advice:
(a) must include the CEO’s opinion about whether the conditions in paragraphs 46(3)(a) to (k) continue to be met in relation to the framework as amended; and
(b) may include recommendations in relation to the agreement.
(4) Without limitation, recommendations under paragraph (3)(b) may include a recommendation to the Minister on the following:
(a) whether to vary the agreement or suspend or cancel the effect of the agreement, either generally or in relation to actions in a specified class or in relation to a specified provision of Part 3;
(b) whether to make a determination under subsection 56B(2) in relation to the framework as amended.
Minister must have regard to advice
(5) In deciding whether to vary the agreement, suspend or cancel the effect of the agreement or make a determination under subsection 56B(2) in relation to the framework as amended, the Minister must have regard to any advice received from the CEO in accordance with this section.
46C Agreement must not result in approval of certain nuclear installations
(1) The Minister may accredit a management or authorisation framework under section 46 for the purposes of a bilateral agreement only if the Minister is satisfied the framework will not result in the approval of an action consisting of or involving the construction or operation of any of the following nuclear installations:
(a) a nuclear fuel fabrication plant;
(b) a nuclear power plant;
(c) an enrichment plant;
(d) a reprocessing facility.
(2) Paragraph (1)(b) does not apply to a naval nuclear propulsion plant related to use in a conventionally‑armed, nuclear‑powered submarine.
118 Subsection 47(2)
Repeal the subsection, substitute:
Prerequisite to declaration
(2) The Minister may enter into a bilateral agreement declaring that actions assessed in a specified manner need not be assessed under Part 8 only if the Minister is satisfied that assessment of an action in the specified manner:
(a) will include assessment of the impacts the action has or will have, or is likely to have, on each matter protected by a provision of Part 3; and
(b) will be consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph.
118A After section 47
Insert:
47A Advice from CEO on manner of assessment
(1) This section applies if:
(a) a bilateral agreement includes the declaration described in subsection 47(1) in relation to actions in a class of actions by reference to a specified manner in which the actions are assessed; and
(b) the agreement is in force.
(2) If the CEO becomes aware that the specified manner in which the actions are assessed for the purposes of the agreement is amended, the CEO must provide advice to the Minister about the agreement and the manner of assessing actions as amended.
(3) The advice:
(a) must include the CEO’s opinion about whether the conditions in paragraphs 47(2)(a) and (b) continue to be met in relation to the manner of assessing actions as amended; and
(b) may include recommendations in relation to the agreement.
(4) Without limitation, recommendations under paragraph (3)(b) may include a recommendation to the Minister on the following:
(a) whether to vary the agreement or suspend or cancel the effect of the agreement, either generally or in relation to actions in a specified class or in relation to a specified provision of Part 3;
(b) whether to make a determination under subsection 56C(2) in relation to the manner of assessing actions as amended.
Minister must have regard to advice
(5) In deciding whether to vary the agreement, suspend or cancel the effect of the agreement or make a determination under subsection 56C(2) in relation to the manner of assessing actions, the Minister must have regard to any advice received from the CEO in accordance with this section.
119 At the end of subsection 48(1)
Add:
Note: Section 65B (exclusion determination) also deals with provisions that may be included in bilateral agreements that include the declaration mentioned in subsection 46(1).
120 After section 48
Insert:
48AAA Accreditation may apply, adopt or incorporate other instruments
Despite section 46AA of the Acts Interpretation Act 1901, an accreditation of a management or authorisation framework may apply, adopt or incorporate (with or without modifications) any matter contained in an instrument or other writing:
(a) as in force at a particular time; or
(b) as is in force or existing from time to time.
121 Section 48A
Repeal the section, substitute:
48A Mandatory undertakings for bilateral agreement that includes section 46 declaration
Agreement has no effect if required undertakings are not included
(1) A bilateral agreement with a State or self‑governing Territory that includes the declaration mentioned in subsection 46(1) (declaration of actions that do not need approval), in relation to a management or authorisation framework that is accredited for the purposes of the agreement, has no effect for the purposes of this Act unless, in the agreement, the State or Territory makes the undertakings specified in this section.
Undertaking in relation to impacts on matters not protected by Part 3
(2) For the purposes of subsection (1), the undertaking is that the environmental impacts that the following actions covered by the declaration have, will have or are likely to have on a thing that is not a matter protected by a provision of Part 3 for which the declaration has effect will be assessed to the greatest extent practicable:
(a) actions taken in the State or Territory by a constitutional corporation;
(b) actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;
(c) actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries;
(d) actions taken in the Territory (if applicable).
Undertaking in relation to consistency with prescribed national environmental standards
(3) For the purposes of subsection (1), the undertaking is that a decision approving the taking of an action or class of actions in accordance with the framework will be consistent with any national environmental standard prescribed by the regulations for the purposes of paragraph 46(3)(e) or (f).
Undertaking in relation to unacceptable impacts
(4) For the purposes of subsection (1), the undertaking is that an action or class of actions will be approved under the framework only if the approver is satisfied that the taking of the action or class of actions, in accordance with the framework, will not have an unacceptable impact on a matter protected by a provision of Part 3 specified in the declaration.
Note: See the definition of unacceptable impacts in section 527F.
Undertaking in relation to residual significant impacts
(5) For the purposes of subsection (1), the undertaking is that the taking of an action or class of actions will only be approved under the framework if the approval would, assuming it were required to pass the net gain test, pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have, or is likely to have, on a matter protected by a provision of Part 3 specified in the declaration.
Note: See the definitions of residual significant impact and passes the net gain test in sections 527J and 527K.
48C Mandatory undertaking for bilateral agreement that includes section 47 declaration
Agreement has no effect if required undertakings are not included
(1) A bilateral agreement with a State or self‑governing Territory that includes the declaration mentioned in subsection 47(1) (declaration of actions that do not need further assessment) has no effect for the purposes of this Act unless, in the agreement, the State or Territory makes the undertakings specified in this section.
Undertaking in relation to impacts on matters not protected by Part 3
(2) For the purposes of subsection (1), the undertaking is that the environmental impacts that the following actions covered by the declaration have, will have or are likely to have (other than the relevant impacts of those actions) will be assessed to the greatest extent practicable:
(a) actions taken in the State or Territory by a constitutional corporation;
(b) actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;
(c) actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries;
(d) actions taken in the Territory (if applicable).
Undertaking in relation to consistency with prescribed national environmental standards
(3) For the purposes of subsection (1), the undertaking is that any assessment, in the specified manner, of actions in the class of actions covered by the declaration will be consistent with any national environmental standard prescribed by the regulations for the purposes of paragraph 47(2)(b).
48D Mandatory provision recognising Auditor‑General role
A bilateral agreement does not have effect for the purposes of this Act unless it includes a provision recognising that, under the Auditor‑General Act 1997, the Auditor‑General may audit the operations of the Commonwealth public sector (as defined in section 18 of that Act) relating to the bilateral agreement.
122 Paragraph 51(1)(b)
Omit “will promote the management of the property in accordance”, substitute “is not inconsistent”.
123 After paragraph 51(1)(b)
Insert:
(ba) the Minister is satisfied that the provision is not inconsistent with any plan prepared for the management of the property under section 316 or as mentioned in section 321; and
124 Subsection 51(2)
Repeal the subsection, substitute:
(2) The Minister may accredit a management or authorisation framework under section 46 for the purposes of a bilateral agreement containing a provision relating to a declared World Heritage property only if the Minister is satisfied that the framework is not inconsistent with any of the following:
(a) Australia’s obligations under the World Heritage Convention;
(b) the Australian World Heritage management principles;
(c) any plan prepared for the management of the property under section 316 or as mentioned in section 321.
125 Paragraph 51A(1)(a)
Omit “will promote the management of the place in accordance”, substitute “is not inconsistent”.
126 After paragraph 51A(1)(a)
Insert:
(aa) the Minister is satisfied that the agreement is not inconsistent with any plan prepared for the management of the place under section 324S or as mentioned in section 324X; and
(ab) the Minister is satisfied that the agreement is not inconsistent with any agreement to which the Commonwealth is party in relation to the National Heritage place; and
127 Subsection 51A(2)
Repeal the subsection, substitute:
(2) The Minister may accredit a management or authorisation framework under section 46 for the purposes of a bilateral agreement containing a provision relating to a National Heritage place only if the Minister is satisfied that the framework is not inconsistent with any of the following:
(a) the National Heritage management principles;
(b) any plan prepared for the management of the place under section 324S or as mentioned in section 324X;
(c) any agreement to which the Commonwealth is party in relation to the National Heritage place.
128 Paragraph 52(1)(b)
Omit “will promote the management of the wetland in accordance”, substitute “is not inconsistent”.
129 After paragraph 52(1)(b)
Insert:
(ba) the Minister is satisfied that the agreement is not inconsistent with any plan prepared for the management of the wetland as mentioned in section 333; and
130 Subsection 52(2)
Repeal the subsection, substitute:
(2) The Minister may accredit a management or authorisation framework under section 46 for the purposes of a bilateral agreement containing a provision relating to a declared Ramsar wetland only if the Minister is satisfied that the framework is not inconsistent with any of the following:
(a) Australia’s obligations under the Ramsar Convention;
(b) the Australian Ramsar management principles;
(c) any plan prepared for the management of the wetland as mentioned in section 333.
131 Section 53
Repeal the section, substitute:
53 Agreements relating to listed threatened species and ecological communities
Declarations in bilateral agreements
(1) The Minister may enter into a bilateral agreement containing a provision relating to a listed threatened species or a listed threatened ecological community only if the Minister is satisfied the provision is not inconsistent with the following:
(a) Australia’s obligations under:
(i) the Biodiversity Convention; or
(ii) the Apia Convention; or
(iii) CITES;
(b) a threat abatement plan;
(c) a protection statement;
(d) a recovery plan.
(2) If there is a protection statement for the whole or one or more parts of the species or community:
(a) the requirement in paragraph (1)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and
(b) the Minister may have regard to any such recovery plan; and
(c) the Minister may have regard to an approved conservation advice for the species or community.
(3) If there is no protection statement for the whole or one or more parts of the species or community, the Minister must have regard to an approved conservation advice for the species or community.
Accreditation of management or authorisation frameworks
(4) The Minister may accredit a management or authorisation framework for the purposes of a bilateral agreement containing a provision relating to a listed threatened species or a listed threatened ecological community only if the Minister is satisfied the framework is not inconsistent with the following:
(a) Australia’s obligations under:
(i) the Biodiversity Convention; or
(ii) the Apia Convention; or
(iii) CITES;
(b) a threat abatement plan;
(c) a protection statement;
(d) a recovery plan.
(5) If there is a protection statement for the whole or one or more parts of the species or community:
(a) the requirement in paragraph (4)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and
(b) the Minister may have regard to any such recovery plan; and
(c) the Minister may have regard to an approved conservation advice for the species or community.
(6) If there is no protection statement for the whole or one or more parts of the species or community, the Minister must have regard to an approved conservation advice for the species or community.
132 Paragraph 54(1)(b)
Repeal the paragraph.
133 Subsection 54(2)
Repeal the subsection, substitute:
(2) The Minister may accredit a management or authorisation framework under section 46 for the purposes of a bilateral agreement containing a provision relating to a listed migratory species only if the Minister is satisfied that the framework is not inconsistent with the Commonwealth’s obligations under whichever of the following conventions or agreements because of which the species is listed:
(a) the Bonn Convention;
(b) CAMBA;
(c) JAMBA;
(d) an international agreement approved under subsection 209(4).