Page 62
Authorised by the Parliamentary Counsel
[s 48]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(a) section 765A(2) does not apply, and is taken
not to have applied from the transfer day;
and
(b) without limiting section 802(5), section
431A does not apply to the transferee during
the period—
(i) starting on the transfer day; and
(ii) ending on the last day of the period
stated in the restart notice under
subsection (3); and
(c) if, before the transfer day, the administering
authority had given a notice under section
754(1) to the previous holder of the
environmental authority—
(i) the notice given under section 754(1)
stops having effect, and is taken to
have stopped having effect from the
transfer day; and
(ii) section 765A(3) does not apply, and is
taken not to have applied from the
transfer day; and
(d) if, immediately before the restart notice was
given, the administering authority was
assessing an application for a proposed PRC
plan for the environmental authority, the
application is taken to have been withdrawn
on the giving of the restart notice.
(5) In this section—
transfer day, for an environmental authority
mentioned in subsection (1), means the day the
transferee becomes the holder of the authority.
849 Application of new s 802
New section 802(1)(a) applies—
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
Page 63
Authorised by the Parliamentary Counsel
[s 48]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(a) regardless of the reason a PRCP schedule
has not been approved; and
Examples of reasons a PRCP schedule may not have
been approved—
• The holder of an environmental authority
failed to comply with a notice given under
section 754.
• The holder of an environmental authority did
not receive a notice required to be given to
the holder under section 754.
• The administering authority gave the holder
of an environmental authority a written notice
refusing to approve a proposed PRCP
schedule.
• The application to which a proposed PRCP
schedule relates lapsed or was withdrawn.
(b) whether the reason arose before or after the
commencement.
Division 4 Transitional regulation
861 Transitional regulation-making power
(1) A regulation (a transitional regulation) may
make provision about a matter for which—
(a) it is necessary to make provision to allow or
facilitate the doing of anything to achieve
the transition—
(i) from the operation of this Act as in
force before the commencement of a
relevant amendment; and
(ii) to the operation of this Act as in force
after the commencement of the
relevant amendment; and
(b) this Act does not provide or sufficiently
provide.
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
Page 64
Authorised by the Parliamentary Counsel
[s 49]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(2) A transitional regulation may have retrospective
operation to a day not earlier than the day the
relevant amendment to which the regulation
relates commences.
(3) A transitional regulation must declare it is a
transitional regulation.
(4) A transitional regulation—
(a) may be made for a relevant amendment
within 2 years after the relevant amendment
commences; and
(b) expires on the day that is 2 years after the
day the relevant amendment commences.
(5) This division expires on the day that is 2 years
after the day the last relevant amendment
commences.
(6) In this section—
relevant amendment means an amendment of this
Act by the amendment Act.
49 Amendment of sch 2 (Original decisions)
(1) Schedule 2, part 1, division 1, entry for section 41A(1)(b), ‘to
public notification’—
omit.
(2) Schedule 2, part 1, division 1, entry for section 43(3)(c)—
omit.
(3) Schedule 2, part 1, division 1, entry for section 68(3)(b),
‘comment or’—
omit.
(4) Schedule 2, part 1, division 3, entry for section 274(2), after
‘give’—
insert—
surrender
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Clause 19
20
21
22
23
24
25
26
27
28
29
30
31
Page 65
Authorised by the Parliamentary Counsel
[s 50]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(5) Schedule 2, part 1, division 3—
insert—
(6) Schedule 2, part 1, division 3, entries for sections
318YN(1)(b), 318YN(1)(c), 318YU(2) and 318ZJA—
relocate to schedule 2, part 1, division 4.
(7) Schedule 2, part 2, division 6—
insert—
50 Amendment of sch 4 (Dictionary)
(1) Schedule 4, definitions comment period, public interest
consideration, public interest evaluation, rehabilitation
direction and TOR notice—
omit.
(2) Schedule 4—
insert—
general rehabilitation direction see section
316S(2).
surrender rehabilitation direction see section
274(2).
(3) Schedule 4, definition audit period, ‘section 285(1)’—
omit, insert—
section 285(3)(b)
285 decision to give PRCP schedule audit notice if section
285(2)(b) applies in relation to the giving of the notice
316S decision to give general rehabilitation direction
461 decision to seize a thing under section 461 unless a
circumstance mentioned in section 463B(1)(a) or (b)
applies
463D(4)(a) decision to retain a seized thing
1
2
3
4
5
6
7
Clause 8
9
10
11
12
13
14
15
16
17
18
19
20
21
Page 66
Authorised by the Parliamentary Counsel
[s 51]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(4) Schedule 4, definition audit report, ‘section 285(2)(a)’—
omit, insert—
section 285(6)(a)
(5) Schedule 4, definition regulatory requirement, paragraph
(b)(i), ‘to public notification’—
omit.
Division 3 Amendments commencing by
proclamation
51 Amendment of s 4 (How object of Act is to be achieved)
Section 4(4)—
insert—
(c) deciding environmental values that are to be
protected as a priority and declared to be
significant environmental values.
52 Amendment of s 6A (Principles of environmental
protection)
(1) Section 6A(1)—
insert—
(d) the State interest of protecting significant
environmental values as a priority.
(2) Section 6A(2)(b), ‘principle’—
omit, insert—
matter
53 Insertion of new s 9A
After section 9—
1
2
3
4
5
6
7
8
Clause 9
10
11
12
13
14
Clause 15
16
17
18
19
20
21
22
23
Clause 24
25
Page 67
Authorised by the Parliamentary Counsel
[s 54]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
insert—
9A Significant environmental values
(1) Each of the following is a significant
environmental value—
(a) an environmental value declared to be a
significant environmental value under an
environmental protection policy;
(b) an environmental value declared to be a
significant environmental value under a
regulation.
(2) An environmental value may be declared to be a
significant environmental value only if the
Minister is satisfied the value is of significance to
the State and should be protected under this Act as
a priority.
(3) Environmental values may be declared to be
significant environmental values by reference to
environmental values in a particular area.
Examples for subsection (3)—
• all environmental values in a protected area under
the Nature Conservation Act 1992
• all environmental values in a marine conservation
park zone established under a zoning plan for a
State marine park under the Marine Parks Act 2004
• all environmental values in a fish habitat area
declared under the Fisheries Act 1994
54 Replacement of ch 1, pt 3, div 2, sdiv 4 (Environmentally
relevant activities)
Chapter 1, part 3, division 2, subdivision 4—
omit, insert—
Subdivision 4 Environmentally relevant
activities
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
Clause 27
28
29
30
31
32
Page 68
Authorised by the Parliamentary Counsel
[s 54]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
18 Meaning of environmentally relevant activity
(1) An environmentally relevant activity is an
activity that is prescribed under section 19 to be—
(a) an environmentally relevant activity
(general); or
(b) an environmentally relevant activity
(resource).
(2) An agricultural ERA as defined in section 79 is
also an environmentally relevant activity.
19 Activity may be prescribed as environmentally
relevant activity
(1) A regulation may prescribe an activity, other than
a resource activity, as an environmentally relevant
activity (general).
(2) A regulation may prescribe a resource activity as
an environmentally relevant activity (resource).
(3) To remove any doubt, it is declared that an
activity that is an agricultural ERA as defined in
section 79 may be prescribed as an
environmentally relevant activity (general).
Note—
An environmental authority is required for carrying out
an agricultural ERA that is a general ERA—see section
426.
(4) However, the Minister may recommend the
making of a regulation prescribing an activity
under subsection (1) or (2) only if the Minister is
satisfied—
(a) that—
(i) a contaminant will or may be released
into the environment when the activity
is carried out; 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
Page 69
Authorised by the Parliamentary Counsel
[s 54]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(ii) the release of the contaminant will or
may cause environmental harm; or
(b) the activity will or may otherwise adversely
affect—
(i) a significant environmental value; or
(ii) an environmental value of the marine
environment.
19A Transitional arrangements for former or new
environmentally relevant activities
(1) This section applies if, on the commencement of
a regulation under section 19 (the relevant
regulation)—
(a) an activity that was an environmentally
relevant activity is no longer an
environmentally relevant activity; or
(b) an activity that was not an environmentally
relevant activity becomes an
environmentally relevant activity.
(2) A regulation may provide for transitional
arrangements about the operation of this Act in
relation to the activity, including, for example, by
providing that—
(a) if subsection (1)(a) applies—
(i) on the commencement of the relevant
regulation, an application for an
environmental authority for the activity
that has been made but not decided is
taken to have been withdrawn; or
(ii) on the commencement of the relevant
regulation, an environmental authority
for the activity that is in effect is taken
to have been surrendered; or
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 70
Authorised by the Parliamentary Counsel
[s 54]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(iii) particular fees relating to a withdrawal
mentioned in subparagraph (i), or a
surrender mentioned in subparagraph
(ii), must be refunded; or
(b) if subsection (1)(b) applies—for a stated
period, a stated provision of this Act,
including, for example, section 426 or
435A, does not apply in relation to a person
who was carrying out the activity
immediately before the commencement of
the relevant regulation.
20 Declaration of environmentally relevant
activity as a code-managed ERA
(1) A regulation may declare an environmentally
relevant activity to be a code-managed ERA.
(2) The regulation may also declare that a person
carrying out the code-managed ERA under the
relevant ERA code must be registered under
chapter 6, part 1.
(3) The Minister may recommend the making of a
regulation under this section for an
environmentally relevant activity only if the
Minister is satisfied—
(a) the risk of environmental harm that may be
caused by the carrying out of the activity is
known; and
(b) the environmental harm can be effectively
prevented, minimised, rehabilitated or
remediated, by requiring compliance with
an ERA code.
(4) Also, the Minister may recommend the making of
a declaration under subsection (2) in relation to
the environmentally relevant activity only if the
Minister is satisfied the carrying out of the
activity needs to be monitored under this Act—
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
35
Page 71
Authorised by the Parliamentary Counsel
[s 55]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(a) having regard to—
(i) the nature of the activity; and
(ii) the degree of risk of environmental
harm that may be caused by the
carrying out of the activity; and
(b) to ensure the effective administration of this
Act.
20A General ERAs carried out in connection with
resource ERAs
(1) This section applies in relation to an
environmental authority for a resource ERA that
authorises 1 or more other activities that are
general ERAs (each an ancillary activity).
(2) The ancillary activities are taken to be resource
ERAs for the purpose of an application for an
environmental authority.
(3) However, the ancillary activities are taken to be
general ERAs for the purpose of the following—
(a) the power to impose conditions on the
environmental authority under chapter 5,
part 5, division 6;
(b) the fees that apply to the environmental
authority under this Act.
(4) This section applies whether or not the
environmentally relevant activities approved by
the environmental authority are carried out as a
resource ERA project.
55 Omission of ch 1, pt 3, div 2, sdiv 6 (Prescribed
conditions)
Chapter 1, part 3, division 2, subdivision 6—
omit.
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
Clause 28
29
30
31
Page 72
Authorised by the Parliamentary Counsel
[s 56]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
56 Amendment of s 28 (Contents of policies)
Section 28(1)—
insert—
(c) include each declaration of a significant
environmental value made under section
9A(1)(a) in relation to the environment or
aspect or part of the environment to which
the policy applies.
57 Amendment of s 79 (What is an agricultural ERA)
Section 79—
insert—
Note—
An agricultural ERA may also be a general ERA—see
section 19(3).
58 Amendment of s 81 (What is an agricultural ERA
standard)
(1) Section 81—
insert—
(3A) An agricultural ERA standard—
(a) applies to a person carrying out the
agricultural ERA to which the standard
relates; but
(b) does not apply to the person carrying out the
agricultural ERA to the extent the standard
is inconsistent with a condition of an
environmental authority under which the
person is carrying out the activity.
(2) Section 81(3A) to (6)—
renumber as section 81(4) to (7).
Clause 1
2
3
4
5
6
7
8
Clause 9
10
11
12
13
14
Clause 15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Page 73
Authorised by the Parliamentary Counsel
[s 59]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
59 Omission of ss 106–111
Sections 106 to 111—
omit.
60 Amendment of s 112 (Other key definitions for ch 5)
(1) Section 112, definitions ERA project, prescribed ERA project
and resource project—
omit.
(2) Section 112—
insert—
ERA project means a general ERA project or
resource ERA project.
general ERA project means 2 or more general
ERAs, whether of the same or different kinds,
carried out, or proposed to be carried out, as a
single integrated operation.
resource ERA project means resource ERAs
carried out, or proposed to be carried out, as a
single integrated operation—
(a) under 1 or more resource tenures, in any
combination; and
(b) whether or not general ERAs are also
carried out, or proposed to be carried out, as
part of the operation.
Note—
See section 20A in relation to environmental
authorities authorising resource ERAs and general
ERAs.
61 Amendment of s 115 (Development application taken to
be application for environmental authority in particular
circumstances)
(1) Section 115(1)(b)(i), (2), (4) and (5), ‘prescribed ERA’—
Clause 1
2
3
Clause 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Clause 28
29
30
31