An Act to establish the National Environmental Protection Agency, and for related purposes
[Assented to 1 December 2025]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the National Environmental Protection Agency Act 2025.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this Act 1 July 2026. 1 July 2026
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Object
The object of this Act is to establish the National Environmental Protection Agency to support the delivery of accountable, efficient, outcomes‑focused and transparent environmental regulatory decision‑making.
4 Simplified outline of this Act
This Act establishes NEPA, short for the National Environmental Protection Agency, and provides for the appointment of the CEO of NEPA.
The CEO has the functions conferred on the CEO by this Act and a number of other environmental laws mentioned in section 13. The CEO also has functions of advising and assisting the Minister in relation to any of the Minister’s functions and powers under those laws.
The Minister may give the CEO a statement of the Minister’s expectations for the CEO and NEPA. However, the Minister’s statement of expectations cannot affect the CEO’s independence by directing the CEO in the performance or exercise of the CEO’s functions or powers. The CEO must respond to any statement of expectations with a statement of intent.
The CEO may establish an advisory group to advise and assist the CEO in relation to the CEO’s functions and powers. The CEO must consider any advice received but is not bound by the advice.
This Act also contains a regime for the use and disclosure of information obtained under any Act conferring functions on the CEO. There are civil penalties for the use or disclosure of protected information in certain circumstances.
5 Definitions
In this Act:
advisory group means the group established by the CEO under subsection 55(1).
CEO: see section 12.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
conservation zone has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
entrusted person means:
(a) the CEO; or
(b) a member of the staff referred to in section 53; or
(c) a person whose services are made available to NEPA under section 54; or
(d) a person engaged under section 23 of the Public Governance, Performance and Accountability Act 2013 by the CEO under a written agreement to assist in, or advise in relation to, the performance of the CEO’s functions; or
(e) a person employed or engaged by a person mentioned in paragraph (d) of this definition to assist in, or advise in relation to, the performance of the CEO’s functions; or
(f) any other person prescribed by the rules.
environment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 has the same meaning as in that Act.
NEPA: see subsection 9(1).
official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
protected information: relevant information obtained by an entrusted person is protected information if disclosure of the information could reasonably be expected to:
(a) if the disclosure is by the entrusted person—found an action by a person (other than the Commonwealth) for breach of a duty of confidence; or
(b) prejudice the effective working of government; or
(c) prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences; or
(d) endanger a person’s life or physical safety; or
(e) prejudice the protection of public safety or the environment.
registrable decision: see section 19.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means information obtained or generated by an entrusted person under, or in accordance with:
(a) this Act or an instrument made under this Act; or
(b) an Act or an instrument that confers functions on the CEO; or
(c) the Regulatory Powers Act to the extent that it applies in relation to an Act mentioned in paragraph (a) or (b).
rules means rules made under section 63.
statement of expectations means the statement issued by the Minister under section 16.
State or Territory government body means:
(a) a Department of State of a State or Territory; or
(b) an agency of a State or Territory; or
(c) an authority of a State or Territory.
6 Crown to be bound
This Act binds the Crown in each of its capacities.
7 Extension to external Territories
This Act extends to every external Territory.
Part 2—National Environmental Protection Agency
Division 1—Introduction
8 Simplified outline of this Part
This Part establishes the office of the CEO of NEPA. It also establishes NEPA for the purposes of assisting the CEO in the performance of the CEO’s functions. The CEO is the accountable authority of NEPA.
9 Establishment of National Environmental Protection Agency
(1) The National Environmental Protection Agency (NEPA) is established by this section.
(2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) NEPA is a listed entity; and
(b) the CEO is the accountable authority of NEPA; and
(c) the following persons are officials of NEPA:
(i) the CEO;
(ii) the staff referred to in section 53;
(iii) persons whose services are made available to NEPA under section 54; and
(d) the purposes of NEPA include:
(i) the function of NEPA referred to in section 11; and
(ii) the functions of the CEO referred to in section 13.
10 Constitution of NEPA
NEPA consists of:
(a) the CEO; and
(b) the staff referred to in section 53; and
(c) persons whose services are made available to NEPA under section 54.
11 Function of NEPA
The function of NEPA is to assist the CEO in the performance of the CEO’s functions.
Division 3—The Chief Executive Officer
12 The Chief Executive Officer
There is to be a Chief Executive Officer (CEO) of NEPA.
13 Functions of the CEO
(1) The CEO has the functions conferred on the CEO by the following laws:
(a) this Act;
(b) the Environment Protection and Biodiversity Conservation Act 1999;
(c) the Environment Protection (Sea Dumping) Act 1981;
(d) the Hazardous Waste (Regulation of Exports and Imports) Act 1989;
(e) the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995;
(f) the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989;
(g) the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;
(h) the Product Emissions Standards Act 2017;
(i) the Recycling and Waste Reduction Act 2020;
(j) the Underwater Cultural Heritage Act 2018;
(k) the Regulatory Powers Act to the extent that it applies in relation to an Act mentioned in any of paragraphs (a) to (j);
(l) a legislative instrument made under an Act, or under provisions of an Act, mentioned in any of paragraphs (a) to (k).
(2) The CEO also has the following functions:
(a) to advise and assist the Minister in relation to the exercise of any powers, or the performance of any functions, of the Minister under laws that confer functions on the CEO;
(b) to monitor and audit the operation of the following instruments made under or entered into in accordance with the Environment Protection and Biodiversity Conservation Act 1999:
(i) declarations made under section 33 of that Act;
(ii) declarations made under section 36H of that Act;
(iii) bilateral agreements;
(iv) bioregional plans;
(c) to make recommendations to the Minister in relation to opportunities to improve regulation under laws that confer functions on the CEO;
(d) any other functions that are conferred on the CEO by:
(i) the rules; or
(ii) any other law of the Commonwealth;
(e) to do anything incidental or conducive to the performance of the above functions.
(3) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s functions.
14 Independence of the CEO
Subject to this Act and any other Act, the CEO has discretion in the performance or exercise of the CEO’s functions or powers and is not subject to direction by any person in relation to the performance or exercise of those functions or powers.
Part 3—Responsibilities in relation to functions
Division 1—Introduction
15 Simplified outline of this Part
The Minister may give the CEO a statement of the Minister’s expectations for the CEO and NEPA. The CEO must respond to any such statement of expectations with a statement of intent.
The CEO must establish and maintain on NEPA’s website registers containing information in relation to certain decisions of the CEO (called registrable decisions) and any other matters prescribed by the rules that relate to a law mentioned in section 13.
Division 2—Statement of expectations and statement of intent
16 Minister’s statement of expectations
(1) The Minister may, at any time, prepare and give a written statement (a statement of expectations) to the CEO that sets out the Minister’s expectations for the CEO and NEPA.
(2) A statement of expectations cannot direct the CEO in the performance or exercise of the CEO’s functions or powers.
(3) In preparing a statement of expectations, the Minister must:
(a) have regard to any matters prescribed by the rules; and
(b) prepare the statement in accordance with any requirements prescribed by the rules.
(4) As soon as practicable after giving a statement of expectations to the CEO, the Minister must arrange for it to be published on the Department’s website.
(5) A statement of expectations replaces any previous statement of expectations.
(6) A statement of expectations is not a legislative instrument.
17 Statement of intent
(1) If the Minister issues a statement of expectations, the CEO must prepare and give the Minister a written response (a statement of intent).
(2) In preparing a statement of intent, the CEO must:
(a) have regard to any matters prescribed by the rules; and
(b) prepare the statement in accordance with any requirements prescribed by the rules.
(3) The CEO must publish a statement of intent on NEPA’s website as soon as practicable after it is given to the Minister.
(4) A statement of intent is not a legislative instrument.
Division 3—Registers
18 Registers
(1) The CEO must establish and maintain the following registers:
(a) a register of registrable decisions;
(b) a register of any other matters prescribed by the rules that relate to a law mentioned in section 13.
(2) A register is to be maintained by electronic means.
(3) A register is to be made available for inspection on NEPA’s website.
(4) A register is not a legislative instrument.
19 Definition of registrable decision
A decision of the CEO is a registrable decision if the decision is prescribed as a registrable decision by:
(a) for a decision under an Act—that Act or the rules; or
(b) for a decision under a legislative instrument—the rules.
20 Register of registrable decisions
The rules may make provision in relation to the register of registrable decisions, including (without limitation) the information in relation to registrable decisions that the CEO must publish on the register.
Note 1: The rules may, for example, prescribe that the CEO must publish the name of any person in relation to whom a registrable decision is made.
Note 2: The CEO is not required to publish certain sensitive information: see section 23.
21 Registers of prescribed matters
The rules may make provision in relation to a register of any matter prescribed as mentioned in paragraph 18(1)(b), including (without limitation) the information in relation to the matter that the CEO must publish on the register.
Note 1: The rules may, for example, prescribe that the CEO must publish the name of a person with a particular connection to the prescribed matter.
Note 2: The CEO is not required to publish certain sensitive information: see section 23.
22 Suspension of registers
(1) The CEO may suspend the operation of a register if the CEO is satisfied:
(a) the suspension is required so that maintenance can be carried out; or
(b) it is prudent to suspend the operation of the register in order to:
(i) ensure the integrity of the register; or
(ii) prevent, mitigate or minimise abuse of the register; or
(iii) prevent, mitigate or minimise criminal activity involving the register.
(2) If the CEO suspends the operation of a register:
(a) the CEO must publish a notice on NEPA’s website informing the public of the suspension; and
(b) the CEO may defer taking action in relation to the register until the suspension ends.
23 Certain information not required to be published on registers
The CEO is not required to publish information on a register if the CEO considers that publishing the information would, or could be reasonably expected to:
(a) endanger public safety; or
(b) cause damage to a matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999; or
(c) cause damage to the security, defence or international relations of Australia.
Part 4—Information and confidentiality
Division 1—Introduction
24 Simplified outline of this Part
Entrusted persons can use or disclose certain information (called relevant information) in accordance with this Part.
Entrusted persons and certain other persons may be liable to a civil penalty if they use or disclose protected information other than in accordance with this Part.
Division 2—Information gathering
25 CEO may request information, advice or documents
The CEO may, in writing, request information, advice or documents that relate to the performance of the CEO’s functions, or the exercise of the CEO’s powers, from any person or body.
Division 3—Use and disclosure of relevant information
Subdivision A—Authorised disclosures by the CEO
26 Disclosure of relevant information to Commonwealth entities
The CEO may disclose relevant information to a Commonwealth entity if the CEO is satisfied the disclosure is for the purposes of assisting the entity to perform its functions or exercise its powers.
27 Disclosure of relevant information to State or Territory government body
The CEO may disclose relevant information to a State or Territory government body if:
(a) the CEO reasonably believes that the disclosure of the information is necessary for the purposes of:
(i) performing functions or exercising powers of the CEO; or
(ii) the administration of a State or Territory law; and
(b) the State or Territory government body has undertaken not to use or disclose the information except in accordance with an agreement that:
(i) is in force between the Commonwealth and the State or Territory; and
(ii) applies in relation to the information; and
(c) the CEO is satisfied that the information will be used and disclosed only in accordance with the agreement.
28 Disclosure for the purposes of law enforcement
(1) The CEO may disclose relevant information to a body mentioned in subsection (2) if:
(a) the CEO reasonably believes that the disclosure of the information is necessary for:
(i) the enforcement of the criminal law; or
(ii) the enforcement of a law imposing a pecuniary penalty; or
(iii) the protection of public revenue; and
(b) the functions of the body include that enforcement or protection.
(2) The bodies are the following:
(a) a Commonwealth entity;
(b) a State or Territory government body;
(c) the Australian Federal Police;
(d) the police force or police service of a State or Territory.
29 Disclosure to reduce serious risk to human health
The CEO may disclose relevant information if the CEO reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to human health.
30 Disclosure to reduce serious risk to the environment
The CEO may disclose relevant information if the CEO reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to the environment.
Subdivision B—Authorised use and disclosure by entrusted persons
31 Use and disclosure for the purposes of an Act
An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of this Act or another Act that confers functions on the CEO.
32 Use and disclosure for the administration or governance of NEPA
An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration or governance of NEPA.
33 Use and disclosure for the purposes of an Act administered by the Minister
An entrusted person may:
(a) use relevant information; or
(b) disclose relevant information to the Minister or the Department;
if the use or disclosure is for the purposes of an Act administered by the Minister.
34 Use and disclosure for the purposes of assisting the Head of Environment Information Australia
An entrusted person may:
(a) use relevant information; or
(b) disclose relevant information to the Head of Environment Information Australia;
if the use or disclosure is for the purposes of assisting the Head of Environment Information Australia perform their functions or exercise their powers.
Note: Relevant information may also be disclosed to the Head of Environment Information Australia under other sections of this Act: see, for example, section 31 or 33.
35 Use or disclosure for the purposes of international obligations
An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of Australia meeting its international obligations.
36 Publicly available information
An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.
37 Person to whom information relates
An entrusted person may disclose relevant information to the person to whom the information relates.
38 Use and disclosure with consent
An entrusted person may use or disclose relevant information that relates to a person if:
(a) the person has consented to the use or disclosure; and
(b) the use or disclosure is in accordance with that consent.
39 Person who provided information
An entrusted person may disclose relevant information to the person who provided the information.
40 Summaries or statistics
An entrusted person may disclose:
(a) summaries of relevant information; or
(b) statistics derived from relevant information;
if those summaries or statistics do not enable the identification of a person.
41 Disclosure to a court, tribunal etc.
(1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.
(2) An entrusted person may disclose relevant information to:
(a) a court; or
(b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;
for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.
Subdivision C—Civil penalties
42 Unauthorised use or disclosure of protected information—entrusted person
Unauthorised use or disclosure
(1) A person is liable to a civil penalty if:
(a) the person is, or has been, an entrusted person; and
(b) the person has obtained relevant information in the person’s capacity as an entrusted person; and
(c) the information is protected information; and
(d) the person uses or discloses the information.
Civil penalty: 200 penalty units.
Exceptions
(2) Subsection (1) does not apply if the use or disclosure is authorised or required by:
(a) this Act; or
(b) any other law of the Commonwealth; or
(c) a prescribed law of a State or a Territory.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 96 of the Regulatory Powers Act.
43 Unauthorised use or disclosure of protected information—official of a Commonwealth entity
A person is liable to a civil penalty if:
(a) the person is, or has been, an official of a Commonwealth entity that is not NEPA; and
(b) the person has obtained relevant information in the person’s capacity as an official of the entity; and
(c) the information is protected information that was disclosed to the entity under section 26; and
(d) the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.
Civil penalty: 200 penalty units.
Part 5—Appointment of the CEO and engagement of staff etc.
Division 1—Introduction
44 Simplified outline of this Part
This Part provides for the appointment of the CEO of NEPA and deals with the terms and conditions of the appointment. It contains provisions concerning the staff of NEPA and certain other persons whose services can be made available to assist NEPA.
This Part also gives the CEO the power to establish an advisory group to advise and assist the CEO in relation to the CEO’s functions and powers. The CEO must consider any advice received but is not bound by the advice.
Division 2—Appointment of the CEO etc.
45 Appointment of the CEO
Appointment by the Governor‑General
(1) The CEO is to be appointed by the Governor‑General by written instrument.
Qualifications for appointment
(2) A person must not be appointed as the CEO unless the Minister is satisfied that:
(a) the person has knowledge of, or experience in, both of the following matters:
(i) public sector administration or governance;
(ii) regulation; and
(b) the person has knowledge of, or experience in, one or more of the following:
(i) conservation of biodiversity;
(ii) ecologically sustainable development;
(iii) heritage;
(iv) Indigenous affairs;
(v) law;
(vi) law enforcement;
(vii) natural resource management;
(viii) any other matters prescribed by the rules; and
(c) the person does not have any interests, pecuniary or otherwise, that conflict or could conflict with the proper performance of the CEO’s functions.
Period and basis of appointment
(3) The CEO is to be appointed on a full‑time basis.
(4) The CEO must not be reappointed more than once.
(5) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
46 Acting appointments
(1) The Minister may, by written instrument, appoint a person to act as the CEO:
(a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the CEO:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(2) A person is not eligible for appointment to act as the CEO unless the person is eligible for appointment as the CEO under section 45.
47 Terms and conditions
The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
48 Remuneration
(1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed under subsection (4).
(2) The CEO is to be paid the allowances that are prescribed under subsection (4).
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(4) The Minister may, by legislative instrument, prescribe:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
49 Leave of absence
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
50 Other paid work
The CEO must not engage in paid work outside the duties of the CEO’s office without the Minister’s approval.
51 Resignation
(1) The CEO may resign the CEO’s appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
52 Termination of appointment
The Governor‑General may terminate the appointment of the CEO:
(a) for misbehaviour; or
(b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity; or
(c) if the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the CEO’s creditors; or
(iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or
(d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(e) if the CEO engages, except with the Minister’s approval, in paid work outside the duties of the CEO’s office (see section 50); or
(f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
Division 3—Staff
53 Staff
(1) The staff of NEPA must be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
54 Persons assisting NEPA
NEPA may be assisted by:
(a) officers and employees of Agencies (within the meaning of the Public Service Act 1999); or
(b) officers and employees of authorities of the Commonwealth; or
(c) officers and employees of a State or Territory; or
(d) officers and employees of authorities of a State or Territory;
whose services are made available to NEPA in connection with the performance of any of its functions.
Division 4—Advisory group
55 CEO may establish advisory group
CEO may establish advisory group
(1) The CEO may, by written instrument, establish an advisory group to provide the CEO, at the CEO’s request, advice or assistance in relation to the performance of the CEO’s functions and the exercise of the CEO’s powers.
(2) The advice or assistance may be provided by:
(a) any single member of the group; or
(b) any combination of members of the group; or
(c) the group as a whole.
Members of the group
(3) The members of the group are to be appointed by the CEO by written instrument.
Note: Members may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(4) The CEO may appoint as many members as the CEO considers appropriate.
(5) The CEO must not appoint a person under subsection (3) unless the CEO is satisfied that the person has the relevant skills, expertise or Indigenous cultural knowledge.
Other matters
(6) The CEO must determine the terms and conditions of appointment of the members.
(7) The CEO may determine:
(a) the group’s terms of reference; and
(b) the procedures to be followed by the group or its members in providing advice or assistance.
(8) If the CEO determines terms of reference under paragraph (7)(a), the CEO must publish the terms of reference on NEPA’s website as soon as practicable afterwards.
(9) An instrument made under subsection (1) or (3) is not a legislative instrument.
56 CEO may publish advice
If the advisory group or any one or more of its members provides advice to the CEO in relation to the performance of the CEO’s functions or the exercise of the CEO’s powers, the CEO may publish the advice on NEPA’s website if the CEO considers it appropriate to do so.
57 CEO must consider advice
If the advisory group or any one or more of its members provides advice to the CEO in relation to a decision to be made by the CEO:
(a) the CEO must consider the advice when making the decision; but
(b) the CEO is not bound by the advice.
Part 6—Miscellaneous
58 Simplified outline of this Part
This Part deals with miscellaneous matters.
59 Delegation by the CEO
(1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under any of the laws mentioned in subsection 13(1) to:
(a) a member of the staff referred to in section 53 who meets the requirements in subsection (3); or
(b) a person whose services are made available to NEPA under section 54 and who meets the requirements in subsection (3); or
(c) an individual who is engaged, or employed or engaged by a person engaged, under section 23 of the Public Governance, Performance and Accountability Act 2013 by the CEO under a written agreement to assist in, or advise in relation to, the performance of the CEO’s functions, and who meets the requirements in subsection (3); or
(d) for a function or power the performance or exercise of which directly or indirectly relates (including in a way described in subsection 7(1A) of the Great Barrier Reef Marine Park Act 1975) to the Great Barrier Reef Marine Park—any of the following:
(i) the Great Barrier Reef Marine Park Authority;
(ii) the Chief Executive Officer of the Great Barrier Reef Marine Park Authority;
(iii) a member of the staff of the Great Barrier Reef Marine Park Authority who meets the requirements in subsection (3); or
(e) for a function or power the performance or exercise of which directly or indirectly relates to a Commonwealth reserve or a conservation zone—either of the following:
(i) the Director of National Parks;
(ii) an APS employee in the Department who meets the requirements in subsection (3).
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) Despite subsection (1), the CEO must not delegate a function or power of the CEO under Part 19C (rulings) of the Environment Protection and Biodiversity Conservation Act 1999.
(3) A person meets the requirements in this subsection if the person:
(a) is an SES employee or acting SES employee; or
(b) holds, or is acting in, a position that is equivalent to a position occupied by an SES employee; or
(c) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.
(5) Subsection (4) does not apply in relation to a delegate to whom a function or power is delegated as mentioned in paragraph (1)(e).
60 Annual report
The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must be published on NEPA’s website as soon as practicable after the report is first tabled in a House of the Parliament.
61 Periodic reviews of the administration of NEPA
Requirement to conduct reviews
(1) The Minister must cause independent reviews of the administration of NEPA to be conducted in accordance with this section.
Matters review must consider
(2) Without limiting subsection (1), a review must consider, in relation to the period since the previous review was completed under this section:
(a) whether, and to what extent, NEPA has supported the delivery of accountable, efficient, outcomes‑focused and transparent environmental regulatory decision‑making; and
(b) whether, and to what extent, the CEO and NEPA have met the expectations set out in any statements of expectations given by the Minister in the period; and
(c) any other matters the Minister directs the review to consider.
Frequency of reviews
(3) The first review must be completed within 5 years after the commencement of this section.
(4) Each subsequent review must be completed within 5 years after the completion of the previous review.
(5) For the purposes of subsections (3) and (4), a review is completed on the day after the day the report of the review is given to the Minister.
Report of review
(6) The person or persons who conduct a review must give the Minister a written report of the review.
(7) As soon as practicable after the Minister receives the report, the Minister must arrange for:
(a) a copy to be given to the CEO; and
(b) a copy to be published on the Department’s website.
(8) The Minister must also arrange for a copy of the report to be tabled in each House of the Parliament, within 15 sitting days of that House after the Minister receives the report.
Response to recommendations
(9) If the report includes recommendations, the CEO must:
(a) prepare a response to each recommendation, as soon as practicable after receiving a copy of the report from the Minister; and
(b) arrange for the response to be tabled in each House of the Parliament, within 6 months of the day a copy of the report is tabled in that House; and
(c) publish the response on NEPA’s website, as soon as practicable after a copy of the report is first tabled in a House of the Parliament.
62 Enforcement of civil penalty provisions
Enforcement of civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the CEO is an authorised applicant in relation to the civil penalty provisions of this Act.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court of Australia;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) a court of a State or Territory that has jurisdiction in relation to the matter.
Extension to external Territories
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.
63 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;