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Authorised by the Parliamentary Counsel
[s 134]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 7 Amendment of Mineral Resources Act 1989
out on the site would be required to carry out to
comply with rehabilitation conditions for the
code-managed ERA.
(2) Section 344B(2)—
insert—
rehabilitation condition, for a code-managed
ERA carried out under an ERA code, means a
condition of the ERA code about rehabilitating or
remediating environmental harm caused by the
carrying out of the code-managed ERA under the
ERA code.
(3) Section 344B(1A) and (2)—
renumber as section 344B(2) and (3).
134 Amendment of s 344D (Authorisation to carry out
rehabilitation activities on final rehabilitation site)
(1) Section 344D(1), from ‘the holder’ to ‘PRCP schedule’—
omit, insert—
a relevant person
(2) Section 344D(3) and (4), ‘holder’—
omit, insert—
relevant person
(3) Section 344D—
insert—
(5) In this section—
relevant person, for mining activities that were
carried out on a final rehabilitation site, means—
(a) if an environmental authority or PRCP
schedule is in force for the mining
activities—the holder of the authority or
schedule; or
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Part 7 Amendment of Mineral Resources Act 1989
(b) if a code-managed ERA is being carried out
under an ERA code for the mining
activities—the person carrying out the
code-managed ERA.
135 Amendment of s 345 (Compensation)
(1) Section 345(1), ‘The holder of an environmental authority’—
omit, insert—
A relevant person
(2) Section 345(1)(a), ‘holder’—
omit, insert—
relevant person
136 Amendment of s 348 (Liability for payment of
compensation to native title holders)
Section 348(2), ‘holder of the environmental authority’—
omit, insert—
relevant person
137 Amendment of s 391A (Restriction on decisions or
recommendations about mining tenements)
(1) Section 391A(1)(a), ‘, other than a mining tenement for small
scale mining activities’—
omit, insert—
that authorises or is to authorise a relevant
resource ERA
(2) Section 391A(1)(b), ‘, other than a mining tenement for small
scale mining activities,’—
omit, insert—
that authorises or is to authorise a relevant
resource ERA
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 7 Amendment of Mineral Resources Act 1989
(3) Section 391A(6)—
omit.
138 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definition relevant environmental condition—
omit.
(2) Schedule 2—
insert—
code-managed ERA, for chapter 13, part 4, see
section 344.
ERA code means an ERA code under the
Environmental Protection Act.
former mining claim or lease, for chapter 13, part
4, see section 344.
relevant environmental authority, for a mining
tenement, means an environmental authority
issued for activities that are—
(a) authorised or to be authorised under the
mining tenement; and
(b) relevant resource ERAs.
relevant environmental condition, for a mining
tenement, means—
(a) a condition of any relevant environmental
authority for the mining tenement; or
(b) if any of the activities authorised or to be
authorised under the mining tenement are
carried out under an ERA code—a condition
of the ERA code that applies to the carrying
out of the activities.
relevant resource ERA means a resource ERA
under the Environmental Protection Act for which
an environmental authority is required under that
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Section retrieval-0013 - Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 - Document excerpt 13 | Zoe
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Part 8 Amendment of Nature Conservation Act 1992
Act.
(3) Schedule 2, definition mining project, after ‘resource’—
insert—
ERA
Part 8 Amendment of Nature
Conservation Act 1992
139 Act amended
This part amends the Nature Conservation Act 1992.
140 Amendment of s 127A (Functions of conservation
officers)
Section 127A(1)(a), after ‘this Act’—
insert—
and a relevant planning provision
141 Amendment of s 144 (Power to stop and search vehicles
etc.)
Section 144(1), (8) and (9), after ‘this Act’—
insert—
or a relevant planning provision
142 Amendment of s 145 (Entry and search—monitoring
compliance)
Section 145(1), after ‘this Act’—
insert—
or a relevant planning provision
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Part 8 Amendment of Nature Conservation Act 1992
143 Amendment of s 146 (Entry and search—evidence of
offences)
(1) Section 146(1), after ‘this Act’—
insert—
or a relevant planning provision
(2) Section 146(2)(b), after ‘this Act’—
insert—
or another Act
144 Amendment of s 148 (Monitoring warrants)
Section 148(2), after ‘this Act’—
insert—
or a relevant planning provision
145 Amendment of s 149 (Offence related warrants)
Section 149(2), after ‘this Act’—
insert—
or a relevant planning provision
146 Amendment of s 151 (Conservation officer may require
name and address)
Section 151(1) and (6)(a), after ‘this Act’—
insert—
or a relevant planning provision
147 Amendment of s 152 (Power to require information from
certain persons)
Section 152(1)(a), after ‘this Act’—
insert—
Clause 1
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Clause 9
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Clause 13
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Clause 17
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Clause 22
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 9 Amendment of Petroleum Act 1923
or a relevant planning provision
148 Amendment of s 159B (Court may order compensation)
Section 159B(2)(b), after ‘this Act’—
insert—
or a relevant planning provision
149 Amendment of schedule (Dictionary)
(1) Schedule, definition protected area—
omit.
(2) Schedule—
insert—
protected area—
(a) for part 4, division 2—see section 28; or
(b) otherwise—means a protected area of a
class mentioned in section 14.
relevant planning provision means a provision of
the Planning Act 2016 to the extent an offence
against the provision relates to protected wildlife
or its habitat.
Part 9 Amendment of Petroleum Act
1923
150 Act amended
This part amends the Petroleum Act 1923.
Note—
See also the amendments in schedule 1, part 1.
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Part 9 Amendment of Petroleum Act 1923
151 Amendment of s 2 (Definitions)
(1) Section 2, definition relevant environmental authority—
omit.
(2) Section 2—
insert—
environmental authority means an
environmental authority under the Environmental
Protection Act.
relevant environmental authority, for a 1923 Act
petroleum tenure, means an environmental
authority issued for activities that are—
(a) authorised under the tenure; and
(b) activities for which an environmental
authority is required under the
Environmental Protection Act.
152 Amendment of s 75WC (Deciding application for water
monitoring authority)
Section 75WC(2)—
omit, insert—
(2) However, if the water monitoring authority is to
authorise activities for which an environmental
authority is required under the Environmental
Protection Act, the water monitoring authority
must not be granted unless an environmental
authority for the activities has been issued.
153 Amendment of s 157 (Environmental conditions prevail)
(1) Section 157(4), definition relevant environmental
conditions—
omit.
(2) Section 157(4)—
Clause 1
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Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004
insert—
relevant environmental condition, for a 1923 Act
petroleum tenure, means—
(a) a condition of any relevant environmental
authority for the tenure; or
(b) if any of the activities authorised under the
tenure are carried out under an ERA code
under the Environmental Protection Act—a
condition of the ERA code that applies to
the carrying out of the activities.
Part 10 Amendment of Petroleum and
Gas (Production and Safety)
Act 2004
154 Act amended
This part amends the Petroleum and Gas (Production and
Safety) Act 2004.
Note—
See also the amendments in schedule 1.
155 Amendment of s 799C (Meaning of abandoned operating
plant)
(1) Section 799C(1)(a)—
insert—
(iv) that is not being used to carry out an activity
under an ERA code; or
(2) Section 799C(1)(b)—
insert—
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004
(iv) that is not a place, or part of a place, at
which an activity is being carried out under
an ERA code; or
(3) Section 799C(1)(c)—
insert—
(iv) that is not being carried out under an ERA
code; or
156 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions relevant environmental authority and
relevant environmental condition—
omit.
(2) Schedule 2—
insert—
environmental authority means an
environmental authority under the Environmental
Protection Act.
ERA code means an ERA code under the
Environmental Protection Act.
relevant environmental authority, for a
petroleum authority, means an environmental
authority issued for activities that are—
(a) authorised or to be authorised under the
petroleum authority; and
(b) activities for which an environmental
authority is required under the
Environmental Protection Act.
relevant environmental condition, for a
petroleum authority, means—
(a) a condition of any relevant environmental
authority for the petroleum authority; or
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Part 11 Amendment of Recreation Areas Management Act 2006
(b) if any of the activities authorised or to be
authorised under the petroleum authority are
carried out under an ERA code—a condition
of the ERA code that applies to the carrying
out of the activities.
Part 11 Amendment of Recreation
Areas Management Act 2006
157 Act amended
This part amends the Recreation Areas Management Act
2006.
Note—
See also the amendments in schedule 1, part 2.
158 Amendment of s 35 (Terms of permits)
(1) Section 35(2)(d)—
omit, insert—
(d) for a commercial activity permit—
(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) if the permit is to form part of a GBR
region permit—the term of the
permission under the Great Barrier
Reef Marine Park Act 1975 (Cwlth)
forming part of the permit; or
(iii) otherwise—5 years.
(2) Section 35(2)—
insert—
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 11 Amendment of Recreation Areas Management Act 2006
Note—
See section 55A in relation to GBR region permits and
section 55L in relation to single integrated permissions.
159 Replacement of s 55A (Form of commercial activity
permit)
Section 55A—
omit, insert—
55A Combining permit with Great Barrier Reef
Marine Park region permission
(1) With the agreement of the Commonwealth, the
chief executive may combine a commercial
activity permit into 1 document with—
(a) a permission under the Great Barrier Reef
Marine Park Act 1975 (Cwlth); or
(b) both a permission under the Marine Parks
Act 2004 and a permission under the Great
Barrier Reef Marine Park Act 1975 (Cwlth).
(2) A commercial activity permit and permission
combined under subsection (1) are together a
GBR region permit.
160 Omission of pt 4, div 5A (Transfer of particular
commercial activity permits)
Part 4, division 5A—
omit.
161 Insertion of new pt 4, div 5, sdiv 3
Part 4, division 5—
insert—
Subdivision 3 Transferring commercial
activity permits
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Part 11 Amendment of Recreation Areas Management Act 2006
55F Commercial activity permit transferable
A commercial activity permit is transferable,
including a commercial activity permit that is part
of a single integrated permission or GBR region
permit.
55G Application to transfer permit
(1) The holder of a commercial activity permit and a
proposed transferee may apply to the chief
executive to transfer the permit to the transferee.
(2) The application must be—
(a) in the approved form; and
(b) given to the chief executive at least 20
business days before the day on which the
transfer is intended to take effect; and
(c) accompanied by the fee prescribed by
regulation for the transfer.
(3) An application may not be made to transfer a
commercial activity permit that has been
suspended.
55H Considering transfer application
(1) In considering an application to transfer a
commercial activity permit, the chief executive
must have regard to the following matters—
(a) whether the proposed transferee is a suitable
person to hold the permit;
(b) whether there is adequate insurance cover
for the activities proposed to be conducted
under the permit;
(c) whether the holder of the permit, or the
proposed transferee, owes any fee or other
amount payable under—
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Bill 2025
Part 11 Amendment of Recreation Areas Management Act 2006
(i) this Act; or
(ii) if the permit is part of a single
integrated permission or GBR region
permit—a related Act;
(d) all matters relevant to ensuring the orderly
and proper management of the recreation
area to which the permit applies.
(2) However, subsection (1)(b) does not apply if the
chief executive considers insurance cover is not
required having regard to the nature of the
proposed activities.
(3) For considering whether the proposed transferee
is a suitable person under subsection (1)(a), the
chief executive may—
(a) inquire about, and have regard to, the
matters mentioned in section 50(3) in
relation to the transferee; and
(b) have regard to whether any of the grounds
mentioned in section 53(3) apply in relation
the transferee.
(4) For subsection (3), sections 50(3) and (4) and
53(3) apply as if a reference in those sections to
the applicant were a reference to the transferee.
55I Chief executive’s power to require further
information
(1) Before deciding an application to transfer a
commercial activity permit, the chief executive
may, by notice, ask the holder of the permit or the
proposed transferee to give the chief executive
any further information the chief executive
reasonably requires to decide the application.
(2) The holder and proposed transferee are taken to
have withdrawn the application if the request is
not complied with within a reasonable period, of
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Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
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Part 11 Amendment of Recreation Areas Management Act 2006
at least 20 business days, stated in the notice.
(3) The chief executive may extend the period within
which the information must be given.
55J Deciding transfer application
(1) The chief executive must decide an application to
transfer a commercial activity permit within 20
business days after the chief executive—
(a) receives the application; or
(b) if the chief executive has asked for further
information under section 55I—receives the
information.
(2) The chief executive may approve the transfer of
the commercial activity permit only if the chief
executive is satisfied—
(a) the proposed transferee is a suitable person
to hold the permit; and
(b) the holder of the permit, or the proposed
transferee, does not owe any fee or other
amount payable under—
(i) this Act; or
(ii) if the permit is part of a single
integrated permission or GBR region
permit—a related Act.
(3) If the chief executive refuses to approve the
transfer, the chief executive must give the holder
of the commercial activity permit and the
proposed transferee an information notice about
the decision.
55K Steps after approval of transfer
(1) This section applies if the chief executive decides
to approve the transfer of a commercial activity
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