Page 112
Authorised by the Parliamentary Counsel
[s 93]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(2) Also, from the commencement, section 710
applies as follows—
(a) subsection (1) applies to a reference in
column 2 of the table in section 710;
(b) the reference to prescribed conditions for a
small scale mining activity in column 2 of
item 13 of the table in section 710 may, if
the context requires or permits, be taken to
be a reference to—
(i) prescribed conditions for a small scale
mining activity as continued under
section 851; or
(ii) the conditions of an ERA code for a
small scale mining activity that
correspond, or substantially
correspond, to the prescribed
conditions.
860 Effect of change in particular terms
(1) A change from a term mentioned in column 1 of
the table in section 859(1) to a term mentioned in
column 2 of the table does not affect—
(a) an environmental authority that is in effect
on the commencement; or
(b) the application of chapter 11, part 3 to a
decision made before the commencement.
(2) Subsection (1)(b) applies despite the amendment
prescribed ERA project general ERA project
resource activity resource ERA
resource project resource ERA project
relevant resource activity relevant resource ERA
Column 1 Column 2
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
Page 113
Authorised by the Parliamentary Counsel
[s 94]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
of schedule 2 by the amendment Act.
94 Amendment of sch 2 (Original decisions)
Schedule 2, part 1, division 4, entry for section
318YN(1)(b)—
omit, insert—
95 Amendment of sch 4 (Dictionary)
(1) Schedule 4, definitions code of practice, geothermal activity,
GHG storage activity, mining activity, petroleum activity,
prescribed condition, prescribed ERA, prescribed ERA
project, relevant resource activity, resource activity, resource
project and small scale mining tenure—
omit.
(2) Schedule 4—
insert—
code-managed ERA means an environmentally
relevant activity declared to be a code-managed
ERA under section 20.
ERA code see section 551A(1).
GED code see section 551(1).
general ERA means an activity prescribed as an
environmentally relevant activity (general) under
section 19.
general ERA project see section 112.
geothermal activity means an activity that is an
authorised activity for a geothermal tenure under
the Geothermal Act.
318YN(1)(b) imposition of 1 or more non-standard recognition
conditions on recognition of an accreditation program
for an agricultural ERA
1
Clause 2
3
4
5
Clause 6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 114
Authorised by the Parliamentary Counsel
[s 95]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
GHG storage activity means an activity that is an
authorised activity for a GHG authority under the
GHG storage Act.
mining activity means—
(a) an activity that is an authorised activity for a
mining tenement under the Mineral
Resources Act; or
(b) another activity that is authorised under an
approval under the Mineral Resources Act
that grants rights over land.
petroleum activity means—
(a) an activity that is an authorised activity for a
1923 Act petroleum tenure under the
Petroleum Act 1923; or
(b) an activity that is an authorised activity for a
petroleum authority under the P&G Act; or
(c) exploring for, exploiting or conveying
petroleum resources under a licence, permit,
pipeline licence, primary licence, secondary
licence or special prospecting authority
granted under the Petroleum (Submerged
Lands) Act 1982.
relevant ERA code, for a code-managed ERA,
means the ERA code in effect for the
code-managed ERA.
relevant resource ERA means—
(a) for an environmental authority for a
resource ERA—a resource ERA the subject
of the authority; or
(b) for an application for an environmental
authority for a resource ERA—a resource
ERA the subject of the application; 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 115
Authorised by the Parliamentary Counsel
[s 96]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
(c) for a PRC plan or proposed PRC plan—the
relevant activities to be carried out on land
the subject of the plan.
resource activity means an activity that
involves—
(a) a geothermal activity; or
(b) a GHG storage activity; or
(c) a mining activity; or
(d) a petroleum activity.
resource ERA means an activity prescribed as an
environmentally relevant activity (resource)
under section 19.
resource ERA project see section 112.
significant environmental value see section 9A.
(3) Schedule 4, definition standard conditions, paragraph (a),
after ‘standard’—
insert—
other than an agricultural ERA standard
Part 3 Amendment of Forestry Act
1959
96 Act amended
This part amends the Forestry Act 1959.
Note—
See also the amendments in schedule 1, part 2.
97 Insertion of new s 22
After section 21—
insert—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Clause 21
22
23
24
Clause 25
26
27
Page 116
Authorised by the Parliamentary Counsel
[s 98]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
22 Approved forms
The chief executive may approve forms for use
under this Act, other than for use under part 6E.
Note—
See section 61RU(2)(a) allowing the registrar of titles to
approve forms for use under part 6E.
98 Amendment of s 35 (Granting of permit for land within
State forest or timber reserve)
(1) Section 35(1)(a) to (d)—
omit, insert—
(a) a permit to occupy (an occupation permit)
for a term fixed by the chief executive; or
(b) a permit to camp (a camping permit) for a
term fixed by the chief executive that is not
longer than 30 days; or
(c) a permit to graze stock (a stock grazing
permit) for a term fixed by the chief
executive that is not longer than 10 years; or
(d) a permit for an apiary site (an apiary permit)
for a term fixed by the chief executive; or
(e) a permit to conduct a commercial activity
other than getting forest products (a
commercial activity permit) for a term fixed
by the chief executive that is not longer
than—
(i) if the permit is to be granted as part of a
single integrated permission with a
permission under the Marine Parks Act
2004 (a marine permission)—the term
of the marine permission; or
(ii) otherwise—5 years; or
(f) a permit to conduct an organised event (an
organised event permit) for a term fixed by
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 117
Authorised by the Parliamentary Counsel
[s 99]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
the chief executive that is not longer than 1
year.
Note—
See section 38 in relation to single integrated
permissions.
(2) Section 35—
insert—
(1A) Subsection (1) does not limit the power of the
chief executive to grant another permit, licence or
authority, or enter into a lease, agreement or
contract, under another provision of this Act that
permits an activity mentioned in subsection (1).
Note—
See, for example, section 56.
(3) Section 35(2), from ‘, other than’ to ‘forest reserve,’—
omit.
(4) Section 35(3) and (7)—
omit.
(5) Section 35(4), ‘(1) to (3)’—
omit, insert—
(1) to (2A)
99 Insertion of new s 38
After section 37—
insert—
38 Single integrated permission
(1) This section applies if—
(a) a person is applying for a commercial
activity permit or an organised event permit;
and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Clause 22
23
24
25
26
27
28
29
Page 118
Authorised by the Parliamentary Counsel
[s 100]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
(b) the chief executive is aware the person has
applied for, or has been granted, 1 or more
related permissions for the permit.
(2) The chief executive may—
(a) consider any matter about the related
permissions that the chief executive
considers relevant for granting the
commercial activity permit or organised
event permit; and
(b) subject to section 35(1), grant the permit for
the same term as any 1 of the related
permissions; and
(c) combine the permit into 1 document with
the related permissions (together a single
integrated permission).
(3) Subsection (2) does not limit the chief executive
exercising any other power or performing any
other function under this Act, including
considering any matter the chief executive must
or may have regard to.
100 Amendment of s 40B (Amending conditions of permit)
(1) Section 40B(2)(a)—
omit, insert—
(a) to provide for the health or safety of a
person or protect a person’s property; or
(aa) to minimise risk to, or safeguard the health
of, a person because of a fire or natural
disaster; or
(2) Section 40B(2)—
insert—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Clause 21
22
23
24
25
26
27
28
29
30
Page 119
Authorised by the Parliamentary Counsel
[s 101]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
(e) because the chief executive is aware a
related permission for the permit has been,
or is about to be—
(i) amended to an extent that the
permission is no longer consistent with
the permit; or
(ii) replaced with another permission that
is not consistent with the permit; or
(iii) suspended or cancelled.
(3) Section 40B(2)(aa) to (e)—
renumber as section 40B(2)(b) to (f).
101 Omission of s 40D (Combined commercial activity
permits)
Section 40D—
omit.
102 Insertion of new pt 4, div 3
Part 4—
insert—
Division 3 Commercial activity
agreements
41 Chief executive may enter into commercial
activity agreement for State forest or timber
reserve
(1) The chief executive may, for the State, enter into
an agreement (a commercial activity agreement)
with a person authorising the conduct of a
commercial activity, other than getting forest
products, in a State forest or timber reserve.
(2) The chief executive may enter into the
1
2
3
4
5
6
7
8
9
10
11
Clause 12
13
14
15
Clause 16
17
18
19
20
21
22
23
24
25
26
27
28
29
Page 120
Authorised by the Parliamentary Counsel
[s 102]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
commercial activity agreement by using any
process the chief executive considers suitable for
the type of activity proposed to be conducted
under the agreement.
(3) The commercial activity agreement may be
combined with a commercial activity agreement
entered into with the person under any of the
following Acts—
(a) the Marine Parks Act 2004;
(b) the Nature Conservation Act 1992;
(c) the Recreation Areas Management Act
2006.
(4) This section does not limit the power of the chief
executive to enter into an agreement under
another provision of this Act.
Note—
See part 6, division 3 for additional provisions about
agreements.
42 Content of agreement
(1) A commercial activity agreement must be in
writing and include each of the following
details—
(a) the name of the State forest or timber
reserve to which the agreement applies;
(b) the day the agreement is entered into;
(c) the term of the agreement;
(d) the name of the person with whom the
agreement is entered into;
(e) if the person is a corporation—the ABN or
ACN of the corporation;
(f) the person’s place of business;
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 121
Authorised by the Parliamentary Counsel
[s 102]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
(g) the activities authorised under the
agreement;
(h) any conditions of the agreement;
(i) the amount payable to the State under the
agreement or a way of working out the
amount.
(2) Subsection (1) does not limit the matters that may
be included in the commercial activity agreement.
(3) The parties to the commercial activity agreement
may, by agreement, amend the agreement at any
time.
42A Term and review of agreements
(1) A commercial activity agreement must not be for
a term longer than 15 years from the day the
agreement takes effect.
(2) The commercial activity agreement may allow for
the term of the agreement to be extended at any
time but the term of the agreement must not at any
time be longer than 15 years.
(3) The commercial activity agreement may also
provide for—
(a) a review of the agreement to be conducted at
stated intervals; and
(b) the matters to be considered on the review.
42B Authorisation under agreement
(1) A commercial activity agreement authorises a
party to the agreement, other than the chief
executive, to conduct the commercial activity in
the State forest or timber reserve as stated in the
agreement, subject to the stated conditions.
(2) The authorisation of a party under the commercial
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 122
Authorised by the Parliamentary Counsel
[s 103]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
activity agreement may be transferred to another
person, if permitted under the terms of the
agreement.
103 Amendment of s 56 (Permits etc.)
(1) Section 56(1), ‘to extend’—
omit, insert—
to amend or extend
(2) Section 56(1), ‘or made or extended’—
omit, insert—
or made, amended or extended
(3) Section 56(2), ‘granted or made if’—
omit, insert—
granted, made, amended or extended if
(4) Section 56(5), ‘extension’—
omit, insert—
amendment or extension
104 Amendment of s 73B (Commercial activities)
(1) Section 73B(1)—
omit, insert—
(1) A person must not conduct a commercial activity
in relation to a State forest or timber reserve.
Maximum penalty—165 penalty units.
(2) Section 73B(2)(c)—
omit, insert—
(c) filming or photography that involves no
more than 10 people and does not involve
1
2
3
Clause 4
5
6
7
8
9
10
11
12
13
14
15
16
Clause 17
18
19
20
21
22
23
24
25
26
Page 123
Authorised by the Parliamentary Counsel
[s 104]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
the construction or use of prescribed
equipment; or
(3) Section 73B—
insert—
(5) This section does not apply in relation to getting
forest products.
Note—
See section 39 about interfering with forest products on
State forests or timber reserves.
(6) In this section—
drone means a device capable of flight—
(a) that is able to be remotely piloted or
programmed to autonomously fly a
particular route; and
(b) that is not capable of transporting a person.
prescribed equipment—
(a) means a structure or equipment for
facilitating filming or photography; and
(b) includes a building, drone, generator,
platform, shelter, tower or vehicle for
facilitating filming or photography; and
(c) does not include—
(i) a camera or camera accessories; or
(ii) a tripod; or
(iii) a portable hide large enough to shelter
only 1 person; or
(iv) a power source consisting of only dry
cells or a single wet cell battery; or
(v) a vehicle used only for transport or
camping as authorised under this Act
or the Recreation Areas Management
Act 2006.
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 124
Authorised by the Parliamentary Counsel
[s 105]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 3 Amendment of Forestry Act 1959
105 Amendment of s 73C (Organised events)
(1) Section 73C(1)(a), example, ‘an activity’—
omit, insert—
another activity
(2) Section 73C(1), examples—
omit, insert—
Examples of activities that may be organised events—
a showcase of historical vehicles, a trail run, training
exercises conducted by the Australian Defence Force
(3) Section 73C(2)(c), ‘an authority’—
omit, insert—
an organised event permit or another authority
(4) Section 73C(3), definition non-commercial activity, ‘under
section 73B(1)’—
omit.
106 Amendment of s 96B (Delegation by chief
executive—State plantation forests)
Section 96B(1), ‘35(1)(a), (c) or (d) and (2)’—
omit, insert—
35(1) and (2) (other than 35(1)(b)), 41(1),
107 Insertion of new pt 10, div 7
Part 10—
insert—
Division 7 Transitional provision for
Environmental Protection
(Efficiency and
Streamlining) and Other
Clause 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Clause 16
17
18
19
20
Clause 21
22
23
24
25
26
27
Section retrieval-0011 - Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 - Document excerpt 11 | Zoe