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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
38 Replacement of ss 462 and 463
Sections 462 and 463—
omit, insert—
462 Power to secure seized thing
(1) Having seized a thing under this chapter, an
authorised person may—
(a) leave the thing at the place where it was
seized (the place of seizure) and take
reasonable action to restrict access to it; or
(b) move the thing from the place of seizure.
(2) For subsection (1)(a), the authorised person may,
for example—
(a) seal the thing, or the entrance to the place of
seizure, and mark the thing or place to show
access to the thing or place is restricted; or
(b) for equipment—make it inoperable; or
Example—
make the equipment inoperable by dismantling it
or removing a component without which the
equipment can not be used
(c) require a person the authorised person
reasonably believes is in control of the place
or thing to do an act mentioned in paragraph
(a) or (b) or anything else an authorised
person could do under subsection (1)(a).
463 Offence to contravene seizure requirement
A person must comply with a requirement made
of the person under section 462(2)(c) unless the
person has a reasonable excuse.
Maximum penalty—165 penalty units.
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 2 Amendment of Environmental Protection Act 1994
463A Offence to interfere
(1) If access to a seized thing is restricted under
section 462, a person must not tamper with the
thing or with anything used to restrict access to
the thing without—
(a) an authorised person’s approval; or
(b) a reasonable excuse.
Maximum penalty—165 penalty units.
(2) If access to a place is restricted under section 462,
a person must not enter the place in contravention
of the restriction or tamper with anything used to
restrict access to the place without—
(a) an authorised person’s approval; or
(b) a reasonable excuse.
Maximum penalty—165 penalty units.
463B Receipt and information notice for seized
thing
(1) This section applies if an authorised person seizes
anything under this chapter unless—
(a) the authorised person reasonably believes
there is no-one apparently in possession of
the thing or the thing has been abandoned;
or
(b) because of the condition, nature and value
of the thing, it would be unreasonable to
require the authorised person to comply
with this section.
(2) The authorised person must, as soon as
practicable after seizing the thing, give an owner
or person in control of the thing before it was
seized—
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(a) a receipt for the thing that generally
describes the thing and its condition; and
(b) an information notice about the decision to
seize the thing.
(3) However, if an owner or person from whom the
thing is seized is not present when it is seized, the
receipt and information notice may be given by
leaving them in a conspicuous position and in a
reasonably secure way at the place where the
thing is seized.
(4) The receipt and information notice may—
(a) be given in the same document; and
(b) relate to more than 1 seized thing.
(5) The authorised person may delay giving the
receipt and information notice if the authorised
person reasonably suspects giving them may
frustrate or otherwise hinder an investigation by
the authorised person under this chapter.
(6) However, the delay may be only for so long as—
(a) the authorised person continues to have the
reasonable suspicion; and
(b) the authorised person, or a person acting
under the direction of the authorised person,
remains in the vicinity of the place where
the thing was seized to keep the thing secure
or under observation.
463C Access to seized thing
(1) Until a seized thing is forfeited or returned, the
authorised person who seized the thing must
allow an owner of the thing—
(a) to inspect it at any reasonable time and from
time to time; and
(b) if it is a document—to copy it.
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 2 Amendment of Environmental Protection Act 1994
(2) Subsection (1) does not apply if it is impracticable
or would be unreasonable to allow the inspection
or copying.
(3) The inspection or copying must be allowed free of
charge.
463D Return of seized thing
(1) This section applies if a seized thing is not subject
to a forfeiture order under part 2A.
(2) As soon as the administering executive stops
being satisfied there are reasonable grounds for
retaining the thing, the administering executive
must return the thing to its owner.
(3) If the thing is not returned to its owner within 3
months after it was seized, the owner may apply
to the administering executive for its return.
(4) Within 30 days after receiving the application, the
administering executive must—
(a) if the administering executive is satisfied
there are reasonable grounds for retaining
the thing and decides to retain the
thing—give the owner an information notice
about the decision, including the grounds
for retaining the thing; or
(b) otherwise—return the thing to the owner.
(5) For this section, there are reasonable grounds for
retaining a seized thing if—
(a) the thing is being, or is likely to be,
examined; or
(b) the thing is needed, or may be needed, for
the purposes of—
(i) a proceeding for an offence against this
Act that is likely to be started or that
has been started but not completed; or
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(ii) an appeal from a decision in a
proceeding for an offence against this
Act; or
(c) it is not lawful for the owner to possess the
thing; or
(d) the administering executive believes it is
necessary to continue to keep the thing to
prevent its use in committing an offence.
(6) Subsection (5) does not limit the grounds that may
be reasonable grounds for retaining the seized
thing.
(7) Nothing in this section affects a lien or other
security over the seized thing.
(8) In this section—
examine includes analyse, test, account for,
measure, weigh, grade, gauge and identify.
Part 2A Forfeiture orders
463E Forfeiture order
(1) This section applies if a person is convicted of an
offence against this Act.
(2) The court may make an order (a forfeiture order),
on its own initiative or on an application by the
prosecution, for the forfeiture of a thing owned by
the person to the relevant entity for the thing if the
thing was the subject of, or used to commit, the
offence.
(3) The court may make a forfeiture order for a
thing—
(a) whether or not the thing has been seized
under this chapter; and
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 2 Amendment of Environmental Protection Act 1994
(b) if the thing has been seized—whether or not
the thing has been returned to the person
who owned the thing immediately before
the seizure.
(4) In deciding whether to make a forfeiture order for
a thing, the court—
(a) may require notice to be given to any person
the court considers appropriate, including,
for example, a person who may have any
property in the thing; and
(b) must hear any submissions that a person
claiming to have any property in the thing
may wish to make; and
(c) must have regard to—
(i) any hardship that may reasonably be
expected to be caused to a person by
the order; and
(ii) the use that is ordinarily made, or was
intended to be made, of the thing; and
(iii) the seriousness of the offence.
(5) If the court makes a forfeiture order for a thing,
the thing becomes the property of the relevant
entity for the thing and may be destroyed or
disposed of as directed by the administering
executive.
(6) The court may make any order it considers
appropriate to enforce the forfeiture order.
(7) This section does not limit the court’s powers
under another law.
(8) In this section—
relevant entity, for a thing, means—
(a) if an authorised person seized the thing in
the exercise of the power of seizure in the
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Part 2 Amendment of Environmental Protection Act 1994
enforcement of a matter devolved to a local
government—the local government; or
(b) otherwise—the State.
39 Amendment of s 467 (Authorised person may take or
direct someone to take stated action)
Section 467(5)(c), from ‘apply’ to ‘the evidence’—
omit, insert—
to 463D apply to the thing as if the thing were the
evidence or thing
40 Amendment of s 497 (Limitation on time for starting
summary proceedings)
(1) Section 497, after ‘Justices Act 1886’—
insert—
, other than a relevant summary proceeding,
(2) Section 497(a), ‘1 year’—
omit, insert—
2 years
(3) Section 497(b)—
omit.
(4) Section 497(c), ‘1 year’—
omit, insert—
2 years
(5) Section 497(c)(ii)—
omit.
(6) Section 497(c)(iii)—
renumber as section 497(c)(ii).
(7) Section 497(c)—
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 2 Amendment of Environmental Protection Act 1994
renumber as section 497(b).
(8) Section 497—
insert—
(2) A relevant summary proceeding must start—
(a) within 3 years after the commission of the
offence; or
(b) if an enforceable undertaking has been made
in relation to the offence—within 2 years
after—
(i) the enforceable undertaking is
contravened; or
(ii) the administering authority has agreed
under section 509 to the withdrawal of
the enforceable undertaking.
(3) In this section—
relevant summary proceeding means a
proceeding by way of summary proceeding under
the Justices Act 1886 for—
(a) an indictable offence against this Act; or
(b) an offence against any of the following
provisions of this Act—
(i) section 319(2) if paragraph (b) of the
penalty applies;
(ii) section 319C(3) if paragraph (b) of the
penalty applies;
(iii) section 357I if paragraph (b) of the
penalty applies;
(iv) section 369A(1) if paragraph (b) of the
penalty applies;
(v) section 369A(2);
(vi) section 426(1);
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 2 Amendment of Environmental Protection Act 1994
(vii) section 430(3);
(viii)section 431(2) if the penalty under
section 430(3) applies;
(ix) section 437(2);
(x) section 438(2);
(xi) section 440(1) or (2);
(xii) section 443A.
41 Amendment of s 520 (Dissatisfied person)
(1) Section 520(1)—
insert—
(ea) if the decision is to give a PRCP schedule
audit notice under section 285 and section
285(2)(b) applies in relation to the giving of
the notice—the holder of the schedule; or
(2) Section 520(1)—
insert—
(sa) if the decision is about seizing a thing under
section 461 unless a circumstance
mentioned in section 463B(1)(a) or (b)
applies—the owner or person in control of
the seized thing before it was seized; or
(sb) if the decision is about retaining a seized
thing under section 463D(4)(a)—the owner
of the seized thing; or
(3) Section 520(1)(ea) to (x)—
renumber as section 520(1)(f) to (zb).
42 Amendment of s 540 (Registers to be kept by
administering authority)
Section 540(1)(a)(xiii)—
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Clause 27
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
omit.
43 Amendment of s 540A (Registers to be kept by chief
executive)
(1) Section 540A(1)(a)(i) to (iii)—
omit.
(2) Section 540A(1)(a)(vii), ‘subparagraph (vi)’—
omit, insert—
subparagraph (iii)
(3) Section 540A(1)(a)(iv) to (ix)—
renumber as section 540A(1)(a)(i) to (vi).
44 Amendment of s 755 (Administering authority must
assess proposed PRC plan)
(1) Section 755(3)(c)—
omit, insert—
(c) the notification stage applies subject to
section 755B.
(2) Section 755—
insert—
(7) Without limiting subsection (6), in assessing,
under section 126C(1)(i), an applicant’s proposed
methodology for achieving best practice
management of the area to support the
management milestones under the proposed
PRCP schedule for the area, the administering
authority may have regard to—
(a) the historical context of operations on the
land; and
(b) historical constraints related to existing
infrastructure and approvals; and
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Part 2 Amendment of Environmental Protection Act 1994
(c) the extent to which it is practicable to apply
current standards related to best practice
management to the land.
45 Omission of s 755A (Application of requirement for public
interest evaluation for application stage)
Section 755A—
omit.
46 Amendment of s 765A (Application of part if holder of
environmental authority changes)
Section 765A—
insert—
Note—
However, see section 848 in relation to transfers of
environmental authorities to which this part applies.
47 Amendment of s 802 (Particular holders may apply for
PRC plan approval for pt 27)
(1) Section 802(1)(a)—
omit, insert—
(a) a PRCP schedule is not approved for an
environmental authority to which part 27
applies (including because of the operation
of this division); and
Note—
See also section 849 for the application of subsection
(1)(a).
(2) Section 802(1)(b), ‘for an environmentally relevant activity
carried out under’—
omit, insert—
in relation to
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Part 2 Amendment of Environmental Protection Act 1994
(3) Section 802(1)(c), after ‘holder’—
insert—
of the authority
(4) Section 802(5)—
omit, insert—
(5) Section 431A does not apply to the holder of the
environmental authority during the following
periods—
(a) if, immediately before the relevant
commencement day, the administering
authority was not assessing a proposed PRC
plan for the authority under part 27 or
subsection (2)—the period of 60 business
days from the relevant commencement day;
(b) if an application for assessment of a
proposed PRC plan for the authority is made
under subsection (2), whether before or after
the relevant commencement day—
(i) the period for which the administering
authority is assessing the proposed
PRC plan; and
(ii) the period of 60 business days from the
day the assessment ends, if the
assessment ends without the proposed
PRC plan being approved.
(6) For subsection (5), the relevant commencement
day is the day the amendment of this section by
the Environmental Protection (Efficiency and
Streamlining) and Other Legislation Amendment
Act 2025 commences.
(7) To remove any doubt, it is declared that the holder
of the environmental authority may ask the
administering authority, under subsection (2), to
assess a proposed PRC plan for the authority more
than once.
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Part 2 Amendment of Environmental Protection Act 1994
48 Insertion of new ch 13, pt 35
Chapter 13—
insert—
Part 35 Transitional provisions
for Environmental
Protection (Efficiency
and Streamlining) and
Other Legislation
Amendment Act 2025
Division 1 Preliminary
826 Definitions for part
In this part—
amendment Act means the Environmental
Protection (Efficiency and Streamlining) and
Other Legislation Amendment Act 2025.
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement of the transitional
provision in which the term is used.
new, in relation to a provision of this Act, means
the provision as in force from the commencement
of the transitional provision in which the term is
used.
transitional provision means a provision of this
part.
unamended Act means this Act as in force before
the commencement of the transitional provision
in which the term is used.
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