Page 23
Authorised by the Parliamentary Counsel
[s 15]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
15 Amendment of s 125 (Requirements for applications
generally)
(1) Section 125(3)(a), ‘either’—
omit, insert—
any of the following applies
(2) Section 125(3)(a)(i), ‘or’—
omit.
(3) Section 125(3)(a)(ii)—
omit, insert—
(ii) the Coordinator-General has, under the State
Development Act, section 34D, evaluated
an EIS for each relevant activity the subject
of the application and stated conditions that
relate to each relevant activity;
(iii) the Coordinator-General has, under the State
Development Act, section 34L, evaluated an
IAR for each relevant activity the subject of
the application and stated conditions that
relate to each relevant activity; and
(4) Section 125(3)(b), after ‘paragraph (a)(ii)’—
insert—
or (iii)
(5) Section 125(6)(c), ‘section 26(1)(a)’—
omit, insert—
section 26(1)
(6) Section 125(6)(c), after ‘EIS’—
insert—
or IAR
Clause 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 24
Authorised by the Parliamentary Counsel
[s 16]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
16 Amendment of s 126 (Requirements for site-specific
applications—CSG activities)
Section 126(3)(a) and (b)—
omit, insert—
(a) the Coordinator-General has—
(i) evaluated an EIS for the CSG activity
under the State Development Act,
section 34D; or
(ii) evaluated an IAR for the CSG activity
under the State Development Act,
section 34L; and
(b) the Coordinator-General has stated
conditions for each relevant activity the
subject of the application; and
17 Amendment of s 126D (Requirements for proposed PRCP
schedule)
Section 126D(2)(b)(ii), after ‘consideration’—
insert—
mentioned in section 126E
18 Insertion of new s 126E
After section 126D—
insert—
126E Public interest considerations for s 126D
For section 126D(2)(b)(ii), each of the following
matters is a public interest consideration—
(a) the benefit, including the significance of the
benefit, to the community resulting from the
mining activity or resource project the
subject of the environmental authority
Clause 1
2
3
4
5
6
7
8
9
10
11
12
13
14
Clause 15
16
17
18
19
Clause 20
21
22
23
24
25
26
27
28
29
Page 25
Authorised by the Parliamentary Counsel
[s 19]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
application to which the PRCP schedule
relates;
(b) any impacts, including long-term impacts
for the environment or the community, that
may reduce the benefit mentioned in
paragraph (a) or have other negative impacts
on the environment or community;
(c) whether there are any alternative options to
approving the area as a non-use
management area having regard to—
(i) the costs or other consequences of the
alternative options; and
(ii) the impact of the costs or other
consequences on the financial viability
of the mining activity or resource
project;
(d) whether the benefit to the community
mentioned in paragraph (a), weighed against
the impacts mentioned in paragraph (b), is
likely to justify the approval of the non-use
management area having regard to any
alternative options mentioned in paragraph
(c);
(e) another matter prescribed by regulation.
19 Omission of s 136A (Administering authority must obtain
report about public interest evaluation for particular
applications)
Section 136A—
omit.
20 Amendment of s 139 (Information stage does not apply if
EIS process complete)
(1) Section 139, heading, after ‘EIS’—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Clause 25
26
27
28
29
Clause 30
31
32
Section retrieval-0004 - Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 - Document excerpt 4 | Zoe
Page 26
Authorised by the Parliamentary Counsel
[s 20]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
insert—
or IAR
(2) Section 139(1)(a), ‘either’—
omit, insert—
any of the following applies
(3) Section 139(1)(a)(i), ‘or’—
omit.
(4) Section 139(1)(a)(ii), ‘and’—
omit.
(5) Section 139(1)(a)—
insert—
(iii) in evaluating an IAR under the State
Development Act, the Coordinator-General
has stated conditions mentioned in section
34L(3)(b) of that Act that relate to each
relevant activity the subject of the
application; and
(6) Section 139(1)(b), after ‘paragraph (a)(ii)’—
insert—
or (iii)
(7) Section 139(1)(b)(ii)—
omit, insert—
(ii) for a proposed PRC plan, none of the
following has changed—
(A) a post-mining land use or non-use
management area;
(B) achieving a stable condition for land;
(C) the way a post-mining land use will be
achieved, or a non-use management
area will be managed, to an extent
likely to result in significantly different
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Page 27
Authorised by the Parliamentary Counsel
[s 21]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
impacts on environmental values
compared to the impacts on the values
under the EIS or IAR mentioned in
paragraph (a);
(D) the day by which rehabilitation of land
to a stable condition will be achieved.
21 Amendment of s 150 (Notification stage does not apply to
particular applications)
(1) Section 150(1)—
omit, insert—
(1) This section applies to an application for an
environmental authority if—
(a) any of the following applies—
(i) for an EIS under this Act—
(A) the EIS for each relevant activity
the subject of the application has
been publicly notified under
section 51; and
(B) for a site-specific application for a
mining activity relating to a
mining lease—the public
notification included notification
of the proposed PRC plan for the
application;
(ii) for an EIS under the State
Development Act—
(A) the draft EIS for each relevant
activity the subject of the
application has been publicly
notified under section 33 of that
Act; and
(B) for a site-specific application for a
mining activity relating to a
1
2
3
4
5
6
Clause 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Page 28
Authorised by the Parliamentary Counsel
[s 21]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
mining lease—the public
notification included notification
of the proposed PRC plan for the
application;
(iii) for an IAR under the State
Development Act—
(A) the draft IAR for each relevant
activity the subject of the
application has been publicly
notified under section 34H of that
Act; and
(B) for a site-specific application for a
mining activity relating to a
mining lease—the public
notification included notification
of the proposed PRC plan for the
application; and
(b) since the public notification mentioned in
paragraph (a)—
(i) either—
(A) the environmental risks of the
relevant activity and the way it
will be carried out have not
changed; or
(B) if the application proposes a
change to the way the relevant
activity will be carried out—the
administering authority is
satisfied the change would not be
likely to attract a submission
objecting to the thing the subject
of the change, if the notification
stage were to apply to the change;
and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Page 29
Authorised by the Parliamentary Counsel
[s 22]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(ii) for a proposed PRC plan mentioned in
paragraph (a), neither of the following
has changed—
(A) a post-mining land use or non-use
management area;
(B) the day by which rehabilitation of
land to a stable condition will be
achieved.
(2) Section 150(3), after ‘EIS’—
insert—
or IAR mentioned in subsection (1)
(3) Section 150(4)—
omit.
22 Omission of ss 167A and 167B
Sections 167A and 167B—
omit.
23 Amendment of s 176A (Criteria for decision—proposed
PRCP schedule)
(1) Section 176A(3)(b)—
omit.
(2) Section 176A(3)(c)—
renumber as section 176A(3)(b).
24 Amendment of s 205 (Conditions that must be imposed if
application relates to coordinated project)
(1) Section 205(2), note—
omit, insert—
1
2
3
4
5
6
7
8
9
10
11
12
13
Clause 14
15
16
Clause 17
18
19
20
21
22
Clause 23
24
25
26
Page 30
Authorised by the Parliamentary Counsel
[s 25]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
Notes—
1 In evaluating an EIS under the State Development
Act, the Coordinator-General may state conditions
under section 34D(3)(b) of that Act.
2 In evaluating an IAR under the State Development
Act, the Coordinator-General may state conditions
under section 34L(3)(b) of that Act.
(2) Section 205(3)—
omit.
(3) Section 205(4)—
renumber as section 205(3).
25 Amendment of s 226A (Requirements for amendment
applications for environmental authorities)
(1) Section 226A(2)(a)—
omit, insert—
(a) any of the following applies—
(i) the process under chapter 3 for an EIS
for the proposed amendment has been
completed;
(ii) the Coordinator-General has evaluated
an EIS for the proposed amendment
under the State Development Act,
section 34D and stated conditions that
relate to the proposed amendment;
(iii) the Coordinator-General has evaluated
an IAR for the proposed amendment
under the State Development Act,
section 34L and stated conditions that
relate to the proposed amendment; and
(2) Section 226A(2)(b), after ‘paragraph (a)(ii)’—
insert—
or (iii)
1
2
3
4
5
6
7
8
9
10
11
Clause 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Page 31
Authorised by the Parliamentary Counsel
[s 26]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
26 Amendment of s 226B (Requirements for amendment
applications for PRCP schedules)
Section 226B, after ‘schedule’—
insert—
, other than an application for a minor amendment
(PRCP threshold),
27 Amendment of s 238 (Effect on assessment of
amendment application—other changes)
(1) Section 238(3), before paragraph (a)—
insert—
(aa) the information stage restarts, on the day
notice of the change is received, from the
start of the stage; and
(2) Section 238(3)(a), from ‘, within’ to ‘received,’—
omit.
(3) Section 238(3)(b), ‘paragraph (a)’—
omit, insert—
paragraph (b)
(4) Section 238(3)—
insert—
(ba) a request under paragraph (b) must be made
within the number of business days after the
day notice of the change is received that
would apply if a reference in section 144, as
applied under section 232, to the end of the
application stage were a reference to the
later of the following—
(i) the day notice of the change is
received;
(ii) the day the fee mentioned in section
236(1)(b) is paid; and
Clause 1
2
3
4
5
6
Clause 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Page 32
Authorised by the Parliamentary Counsel
[s 28]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(5) Section 238(3)(c), ‘paragraph (a)’—
omit, insert—
paragraph (b)
(6) Section 238(3)(aa) to (d)—
renumber as section 238(3)(a) to (f).
28 Amendment of s 271 (Payment may be required for
residual risks)
Section 271(2), ‘within a stated reasonable period’—
omit, insert—
, within 6 months after the day the notice is given,
29 Insertion of new s 273A
After section 273—
insert—
273A Extension of period for payment
(1) Before the end of the 6-month period mentioned
in section 271(2) for a residual risks requirement,
the administering authority may, with the written
agreement of the applicant, extend the period for
compliance with the requirement.
(2) The administering authority may extend the
period under subsection (1) only once.
30 Amendment of s 274 (Directions to carry out
rehabilitation may be given if surrender refused)
Section 274(2), ‘(the rehabilitation direction)’—
omit, insert—
(the surrender rehabilitation direction)
1
2
3
4
5
Clause 6
7
8
9
10
Clause 11
12
13
14
15
16
17
18
19
20
21
Clause 22
23
24
25
26
Page 33
Authorised by the Parliamentary Counsel
[s 31]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
31 Amendment of s 276 (Restriction on surrender taking
effect if payment required for residual risks)
(1) Section 276, heading, ‘Restriction’—
omit, insert—
Restrictions
(2) Section 276—
insert—
(3) Also, a decision to approve the surrender lapses if
the applicant does not comply with the residual
risks requirement within—
(a) the 6-month period mentioned in section
271(2) for the requirement; or
(b) if the administering authority extends the
period under section 273A—the extended
period.
32 Amendment of s 285 (PRCP schedule must be audited)
(1) Section 285, heading, after ‘audited’—
insert—
if administering authority directs holder
(2) Section 285(1)—
omit, insert—
(1) The administering authority may direct the holder
of a PRCP schedule, by written notice (a PRCP
schedule audit notice) stating the matters
mentioned in subsection (3), to commission an
audit of the schedule.
(1A) However, a PRCP schedule audit notice may be
given under subsection (1) only if—
(a) the administering authority is satisfied the
audit is necessary or desirable; and
Clause 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Clause 16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Page 34
Authorised by the Parliamentary Counsel
[s 32]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(b) for a notice given within 3 years after the
day the holder was last required to give an
audit report for the PRCP schedule under
this section—the administering authority is
satisfied exceptional circumstances exist for
the giving of the notice.
(1B) The PRCP schedule audit notice must state—
(a) that the audit must be carried out by a
rehabilitation auditor; and
(b) the period (the audit period) for which the
audit must be carried out.
(1C) For subsection (3)(b), the period must be a
reasonable period—
(a) starting no earlier than 3 years before the
day the PRCP schedule audit notice is
given; and
(b) ending no later than the day the notice is
given.
(1D) A PRCP schedule audit notice mentioned in
subsection (2)(b) must be accompanied by or
include an information notice about the decision
to give the PRCP schedule audit notice.
(3) Section 285(2), from ‘The’ to ‘period,’—
omit, insert—
Unless the holder has a reasonable excuse, the
holder must, within 4 months after the PRCP
schedule audit notice is given,
(4) Section 285(3), ‘subsection (2)(b)’—
omit, insert—
subsection (6)(b)
(5) Section 285(1A) to (3)—
renumber as section 285(2) to (7).
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Page 35
Authorised by the Parliamentary Counsel
[s 33]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
33 Omission of ch 5, pt 15, div 4A (Public interest
evaluations)
Chapter 5, part 15, division 4A—
omit.
34 Insertion of new s 316S
After section 316R—
insert—
316S Direction to carry out rehabilitation if no
PRCP schedule
(1) This section applies in relation to the holder of an
environmental authority issued for a site-specific
application for a mining activity relating to a
mining lease if—
(a) the holder does not also hold a PRCP
schedule to which the environmental
authority relates, whether or not section
431A applies to the holder; and
(b) section 274 does not apply in relation to the
environmental authority.
(2) The administering authority may give the holder a
written direction (the general rehabilitation
direction) to carry out stated rehabilitation within
a stated reasonable period.
(3) The general rehabilitation direction must include
an information notice about the decision to give
the direction.
(4) In this section—
rehabilitation includes environmental
management.
35 Amendment of s 359 (Meaning of enforcement ground)
(1) Section 359(e)(ix)—
Clause 1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Clause 30
31
Page 36
Authorised by the Parliamentary Counsel
[s 36]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
omit, insert—
(ix) a surrender rehabilitation direction; or
(ixa) a general rehabilitation direction; or
(2) Section 359(e)(ixa) to (xiii)—
renumber as section 359(e)(x) to (xiv).
(3) Section 359(f), after subparagraph (i)—
insert—
(ia) section 431A;
(4) Section 359(f)(ia) to (v)—
renumber as section 359(f)(ii) to (vi).
36 Replacement of s 431A (PRCP schedule required for
particular environmentally relevant activities)
Section 431A—
omit, insert—
431A PRCP schedule required for particular
environmental authorities
The holder of an environmental authority issued
for a site-specific application for a mining activity
relating to a mining lease must also hold a PRCP
schedule to which the authority relates.
Maximum penalty—4,500 penalty units.
37 Amendment of s 444I (Functions)
Section 444I(a)—
omit, insert—
(a) providing advice to the Minister on
rehabilitation and management practices,
outcomes and policies;
1
2
3
4
5
6
7
8
9
10
Clause 11
12
13
14
15
16
17
18
19
20
21
Clause 22
23
24
25
26
27