Establishes a new Commonwealth statutory body called the National Environmental Protection Agency (NEPA) and creates the office of a Chief Executive Officer (CEO) to run it (sections 9–13).
Transfers functions to the CEO by listing the Acts under which the CEO will have functions and powers (for example, the EPBC Act, Sea Dumping Act, several ozone and product emissions Acts, Recycling and Waste Reduction Act, Underwater Cultural Heritage Act and related instruments) (section 13(1)).
Gives the CEO broad operational powers to do anything necessary to perform those functions and permits the CEO to delegate most powers to senior staff or equivalent public servants, with a single statutory exception (the CEO cannot delegate functions under Part 19C of the EPBC Act concerning “rulings”) (sections 13(3), 59(1)–(3), 59(2)).
Creates public registers the CEO must maintain and publish on NEPA’s website that record certain CEO decisions and other matters prescribed by rules (sections 18–21). The CEO may suspend a register for maintenance or to protect integrity (section 22), and certain sensitive material need not be published (section 23).
Sets out information-gathering powers (CEO may request information, advice or documents) and a detailed regime for how information obtained by NEPA ("relevant information") may be used or disclosed, including authorised disclosures to Commonwealth/State bodies, courts, law enforcement and the Head of Environment Information Australia (sections 25–41).
The National Environmental Protection Agency Act 2025 establishes the National Environmental Protection Agency as a statutory Commonwealth entity and creates the office of its Chief Executive Officer. Section 9 establishes NEPA as a listed entity under the Public Governance, Performance and Accountability Act 2013, with the CEO as its accountable authority. The Act transfers a range of regulatory and implementation functions previously exercised by the Minister or the Secretary of the Department of Climate Change, Energy, the Environment and Water to the CEO under nine environmental laws listed in section 13, including the Environment Protection and Biodiversity Conservation Act 1999, the Environment Protection (Sea Dumping) Act 1981, the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and related levy Acts, the Product Emissions Standards Act 2017, the Recycling and Waste Reduction Act 2020 and the Underwater Cultural Heritage Act 2018. Schedule 2 of the accompanying Environment Protection Reform Bill 2025 makes the necessary consequential amendments to replace references to the Minister and Secretary with the CEO in those Acts. The Act introduces new governance arrangements, including a requirement for the Minister to issue a statement of expectations under section 16 and for the CEO to respond with a statement of intent under section 17. It requires the CEO to maintain registers of registrable decisions and other prescribed matters under sections 18 to 23, and establishes a detailed regime for the gathering, use and disclosure of relevant information in Part 4. The CEO may establish an advisory group under section 55 and must conduct periodic independent reviews of NEPA's administration under section 61. The Act commences on 1 July 2026 and binds the Crown in all capacities while extending to every external Territory.
Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
Part of a package of 7 bills to implement the recommendations of the 2020 Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (the Samuel Review), the bill establishes the National Environmental Protection Agency as a statutory Commonwealth entity to undertake regulatory and implementation functions under a range of environmental Commonwealth laws
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
30 Oct 2025
Second reading moved
30 Oct 2025
Second reading debate
04 Nov 2025
Second reading debate
05 Nov 2025
Second reading debate
06 Nov 2025
Second reading agreed to
06 Nov 2025
Consideration in detail debate
06 Nov 2025
Third reading agreed to
06 Nov 2025
Senate
Introduced and read a first time
24 Nov 2025
Second reading moved
24 Nov 2025
Second reading debate
27 Nov 2025
Second reading agreed to
27 Nov 2025
Committee of the Whole debate
27 Nov 2025
Third reading agreed to
27 Nov 2025
Finally passed both Houses
27 Nov 2025
Assent
Act no: 69
Year: 2025
01 Dec 2025
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
House of representatives
Detail - Crossbench
Creates civil-penalty liability (200 penalty units) for entrusted persons or officials who improperly use or disclose “protected information” — that is, sensitive relevant information where disclosure could cause specified harms (sections 42–43; definitions in section 5).
Prescribes the appointment, qualifications, terms and removal grounds for the CEO (full‑time appointment by Governor‑General, up to 5 years, limited reappointment, specified experience and conflict-of-interest test) and sets rules for staff, advisory groups and annual reporting (sections 45–53, 55–61).
Allows the Minister to issue a written “statement of expectations” for the CEO/NEPA; the CEO must respond with a “statement of intent.” The statute bars such statements from directing the CEO in performing statutory functions (sections 16–17, 14).
Gives the Minister power to make rules (a legislative instrument) to fill in details, but expressly prohibits rules that create offences or taxes, or that directly amend the Act (section 63).
Who this affects
Businesses, proponents and other persons who deal with the environmental laws listed in section 13(1) (for example proponents seeking approvals under the EPBC Act, exporters/importers covered by listed ozone or hazardous waste laws, and parties subject to product emissions or recycling laws). Those parties will interact with NEPA and the CEO rather than (or in addition to) the Minister or departmental Secretary for many regulatory decisions (see section 13 and Schedule consequential amendments in related legislation).
Commonwealth and State/Territory agencies that must cooperate with NEPA on information sharing or when NEPA discloses information for enforcement, public‑safety or environmental‑risk reasons (sections 26–30).
NEPA personnel and other entrusted persons (staff, secondees), who become subject to the Act’s disclosure rules and the civil-penalty regime for misuse of protected information (definitions in section 5; civil penalties in sections 42–43).
Parliament and the public, who gain structured transparency (registers, published statements of expectations and intent, annual report obligations and periodic independent reviews) (sections 16–21, 60–61).
Why it matters (official purpose and how the Act achieves it)
The stated object is to support “accountable, efficient, outcomes‑focused and transparent environmental regulatory decision‑making” (section 3). The Act implements that by: (a) creating a single accountable executive (the CEO) to exercise functions across multiple Commonwealth environmental laws (section 13); (b) requiring public registers and published expectations/intent for transparency (sections 16–21); and (c) imposing confidentiality and civil‑penalty rules to protect sensitive information while allowing necessary sharing for enforcement and policy (parts 3–4).
Trade‑offs, incentives, costs and implementation risks (practical effects to watch for)
Decision‑making locus and incentives: the Act shifts many operational decision powers from Ministers or departmental Secretaries to an independent CEO (section 13(1), 14). That centralisation can change incentives for speed, consistency and technical independence — the CEO has statutory discretion and is not subject to direction in performing functions (section 14) but must still advise and assist the Minister and respond to published statements of expectations (sections 13(2)(a), 16–17). The net effect depends on how the CEO uses discretion and how strong the published expectations are.
Compliance and administrative burden: NEPA can request information (section 25) and must publish registers (section 18). Businesses and proponents can expect new, centralised information flows and public disclosure of many NEPA decisions, increasing transparency but also potentially raising compliance costs and reputational risk (sections 18, 19, 25, 23).
Confidentiality and enforcement risk for officials and contractors: the Act creates a civil‑penalty regime (200 penalty units) for improper use/disclosure of defined "protected information" by entrusted persons and by officials of other Commonwealth entities to whom NEPA has disclosed information (sections 5, 42–43). This puts legal risk on staff and seconded personnel and thus may change hiring and secondment arrangements.
Rule‑making and delegation dependency: many implementation details are left to rules the Minister makes by legislative instrument (section 63). Those rules may fill technical gaps (register content, prescribed matters) but cannot create offences or taxes. Heavy reliance on rules increases sensitivity to future rule drafts and regulatory design choices (sections 16(3), 17(2), 20–21, 63).
Concentrated vs diffuse effects: major proponents and regulated industries who deal frequently with Commonwealth environmental approvals are likely to feel the largest direct effects (centralised decision‑making, registers, information requests). The costs (administrative, compliance) will be borne largely by those regulated parties and by Commonwealth budgets (staffing NEPA), while benefits like faster or more consistent decisions (if achieved) may be concentrated among larger businesses that use Commonwealth approvals often (see section 13 and consequential amendments in the package implementing this reform).
Interaction with other laws and reforms: the Act is a machinery/agency law that enables the CEO to exercise functions under a list of environmental statutes (section 13(1)). The practical regulatory scope therefore depends on what those environmental Acts (and associated amendments elsewhere) confer on the CEO — for example, changes to approvals, standards, offsets or charge regimes in the EPBC Act package will determine NEPA’s real‑world powers.
Who pays, who decides, and what behaviour changes
Who pays: the Commonwealth funds NEPA as an entity under the finance law (section 9(2)). Direct compliance costs are borne by the regulated persons and businesses who provide information, comply with conditions, or are subject to NEPA decisions; civil‑penalty exposure affects staff and contractors (sections 9, 25, 42–43). Related charge regimes (restoration or other charges) are handled in separate EPBC‑related Bills rather than this Act.
Who decides: NEPA decisions are made by the CEO, who is the accountable authority (sections 9–13). The CEO has independence in exercising functions (section 14), but the Minister may issue non‑directing statements of expectations and publish them (section 16). The CEO may delegate most functions to senior public servants (section 59), with limited exceptions.
Behaviour changes to expect: regulated parties should expect a single Commonwealth executive (the CEO/NEPA) to be the primary decision‑maker across a range of environmental laws; they should prepare for centralised information requests and public registers; NEPA staff and secondees must manage protected information carefully to avoid civil penalties. Agencies should anticipate new cooperation and information‑sharing arrangements with NEPA (sections 25–33, 42–43).
Source‑attributed stakeholder points
Parliamentary and stakeholder materials cited during the reform process set out both the policy rationale (implementing the Samuel Review recommendations) and raised concerns about whether centralisation and the design choices will deliver stronger environmental protection or mainly streamline approvals for proponents. Those concerns are addressed in other instruments and explanatory materials rather than in this Act itself (see the Parliamentary Library Bills Digest and the explanatory memorandum referenced during this reform package).
Main concepts
The central concept is the creation of an independent statutory agency, NEPA, to deliver accountable, efficient, outcomes-focused and transparent environmental regulatory decision-making, as stated in the object in section 3. The CEO exercises functions and powers under the nine listed environmental laws and has additional functions to advise the Minister, monitor and audit declarations, bilateral agreements and bioregional plans under the EPBC Act, and make recommendations for regulatory improvement. Independence is protected by section 14, which provides that the CEO has discretion in the performance of functions and is not subject to direction by any person, although the Minister may issue a statement of expectations that cannot direct the CEO. Key transparency mechanisms include the register of registrable decisions, defined in section 19 and maintained under section 20, and registers of other prescribed matters. The information regime distinguishes relevant information from protected information, with authorised disclosure pathways in sections 26 to 41 and civil penalty provisions in sections 42 and 43 for unauthorised use or disclosure. The advisory group concept allows the CEO to obtain expert or Indigenous cultural knowledge advice under section 55, which the CEO must consider but is not bound by. Periodic reviews under section 61 require examination of whether NEPA has supported accountable decision-making and met ministerial expectations. Delegation is permitted under section 59 to SES-level staff or equivalent, with an explicit prohibition on delegating powers under Part 19C of the EPBC Act relating to rulings.
Who it affects
The Act directly affects the Commonwealth officials and entities responsible for environmental regulation by shifting functions from the Minister and departmental Secretary to the CEO of NEPA. Proponents of actions that require approvals or permits under the EPBC Act, sea dumping legislation, hazardous waste rules, ozone protection laws, product emissions standards, recycling and waste reduction schemes or underwater cultural heritage protections will interact with the CEO rather than the Minister for many regulatory decisions. State and territory government bodies are affected through disclosure provisions in section 27 and through the monitoring and auditing of bilateral agreements and accredited arrangements. Commonwealth entities receiving relevant information under section 26 must comply with the protected information rules in section 43. Staff of NEPA, engaged under the Public Service Act 1999 or made available from other agencies, are subject to the information use and disclosure regime. Members of advisory groups appointed under section 55 are affected by terms and conditions set by the CEO. The public gains access to registers published on NEPA's website and benefits from increased transparency requirements, although certain sensitive information may be withheld under section 23. Persons providing information to the CEO may have that information disclosed in limited circumstances set out in sections 37 to 40. The Great Barrier Reef Marine Park Authority and the Director of National Parks are specifically identified as possible delegates for functions relating to the Marine Park or Commonwealth reserves.
What people will want to know
People will want to know that the Act received royal assent on 1 December 2025 as Act No 69 of 2025 and commences on 1 July 2026, meaning NEPA will become operational from that date. They will ask who the first CEO will be and how that person will be appointed by the Governor-General under section 45, which requires demonstrated knowledge or experience in public sector administration, regulation and at least one of conservation, ecologically sustainable development, heritage, Indigenous affairs, law, law enforcement or natural resource management. Practical questions include how quickly the CEO will be able to exercise functions under the nine environmental laws and whether existing approvals processes will experience any transitional disruption. Members of the public and project proponents will want to know what decisions will appear on the register of registrable decisions and how to access that register on NEPA's website. Stakeholders will seek clarity on the content of the first statement of expectations from the Minister and the CEO's corresponding statement of intent. People will also want to understand the civil penalty consequences of 200 penalty units for unauthorised disclosure of protected information and the circumstances in which information can be shared with law enforcement or to prevent serious risks to health or the environment. Project developers will ask whether the new agency will change assessment timeframes or information requirements in practice. Indigenous organisations and communities will want to know how the advisory group mechanism will incorporate Indigenous cultural knowledge and whether monitoring of bioregional plans will affect land management decisions.
Status and what happens next
The National Environmental Protection Agency Bill 2025 passed both Houses of Parliament and received royal assent on 1 December 2025, becoming the National Environmental Protection Agency Act 2025, Act No 69 of 2025. The Act does not commence until 1 July 2026. Between assent and commencement the Minister may make rules under section 63 to prescribe registrable decisions, the content of registers, matters for statements of expectations and intent, and other operational details. The Governor-General will appoint the first CEO on the recommendation of the Minister, following the qualification requirements in section 45. NEPA will be established as a listed entity and the CEO will become the accountable authority. The department will need to transfer relevant documents, records and staff to NEPA under transitional provisions contained in the accompanying Reform Bill. The CEO will be required to establish the register of registrable decisions and any other prescribed registers before or shortly after commencement. The first statement of expectations may be issued soon after the CEO is appointed. Periodic reviews of NEPA's administration must be completed within five years of commencement and every five years thereafter. No schedules of amendments were made during parliamentary consideration, and the Bill passed in the form introduced with only minor crossbench and opposition proposals that did not alter the final text.
Powers, duties and rights created
The Act creates the power for the Governor-General to appoint the CEO under section 45 and for the Minister to appoint an acting CEO under section 46. The CEO receives broad functions under section 13, including the exercise of powers conferred by the nine listed environmental laws, advising the Minister, monitoring and auditing specific EPBC Act instruments, and recommending regulatory improvements. The CEO has the power to request information, advice or documents from any person or body under section 25 and to establish and maintain registers under section 18. The Minister holds the power to issue a statement of expectations under section 16, which the CEO must address in a statement of intent under section 17. The CEO may establish an advisory group under section 55 and determine its terms of reference and procedures. Delegation powers in section 59 allow the CEO to delegate functions to SES-level staff or equivalent, with specific provision for delegation to the Great Barrier Reef Marine Park Authority or the Director of National Parks in defined circumstances, but section 59(2) prohibits delegation of Part 19C ruling powers under the EPBC Act. The Act imposes duties on the CEO to publish statements of intent and annual reports on NEPA's website, to consider advisory group advice, and to prepare responses to review recommendations. Entrusted persons have rights to use and disclose relevant information only in the authorised circumstances listed in sections 31 to 41. The CEO has the right to suspend registers under section 22 when necessary for maintenance or integrity reasons. Civil penalty provisions in sections 42 and 43 create enforceable obligations on entrusted persons and officials of other Commonwealth entities regarding protected information.
Money, penalties and enforcement
The Act itself does not impose or authorise specific charges or levies; those matters are addressed in the separate Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025 and the three cost-recovery charge imposition Bills that form part of the package. The only financial penalties created by this Act are civil penalties of 200 penalty units for unauthorised use or disclosure of protected information by an entrusted person under section 42 or by an official of another Commonwealth entity under section 43. These provisions are enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, with the CEO designated as the authorised applicant and the Federal Court, Federal Circuit and Family Court of Australia (Division 2) and certain state and territory courts designated as relevant courts. The Act requires the CEO to prepare an annual report under section 60 of the Public Governance, Performance and Accountability Act 2013 and to publish that report on NEPA's website. Periodic independent reviews under section 61 must be tabled in Parliament and the CEO must prepare responses to any recommendations within six months. No appropriation is made by the Act; funding for NEPA will be provided through normal budgetary processes. The CEO may engage staff under the Public Service Act 1999 and persons under section 23 of the PGPA Act, with remuneration and leave entitlements determined in accordance with Remuneration Tribunal determinations or ministerial prescription.
Pressure points and controversies
The official materials indicates that stakeholders raised significant concerns about whether the broader reform package would protect the environment or reduce regulatory requirements for business. For this specific Act, policy trade-offs centre on the balance between the CEO's statutory independence under section 14 and the Minister's ability to set expectations through a statement of expectations that, while not able to direct the CEO, may influence priorities and culture. The prohibition on delegating Part 19C ruling powers preserves direct CEO responsibility for interpretive guidance but may create bottlenecks. The requirement to publish registers of registrable decisions increases transparency yet allows the CEO to withhold information that could endanger public safety, damage protected matters or affect national security under section 23, creating potential for disputes over what must be disclosed. The advisory group mechanism provides a route for Indigenous cultural knowledge and expert input, but the CEO is not bound by that advice, raising questions about the weight such advice will carry in practice. The five-year cycle for independent reviews of NEPA's administration offers a structured accountability mechanism, yet the first review will not occur until at least 2031. The transfer of functions from the Minister and department to a new agency may create transitional uncertainty for proponents and state governments until operational procedures are settled. The civil penalty regime for information handling imposes strict obligations on a wide class of entrusted persons, including contractors and secondees, which may affect recruitment and information-sharing practices.
What changes if it passes
Because the Act has received royal assent and will commence on 1 July 2026, the principal change is the establishment of a dedicated statutory agency with responsibility for regulatory functions across nine environmental statutes. Decision-making on permits, licences, approvals and compliance under those laws will move from the Minister and departmental Secretary to the CEO of NEPA, supported by NEPA staff and possible delegates. A new layer of transparency will be introduced through the mandatory publication of statements of expectations and intent and the register of registrable decisions on NEPA's website. Information obtained in the course of performing functions under the listed laws will be subject to a comprehensive use and disclosure regime with civil penalties for breaches. The Minister will retain strategic oversight through statements of expectations and the power to initiate periodic reviews, while the CEO will operate with statutory independence in individual decisions. Monitoring and auditing of bilateral agreements, declarations and bioregional plans will become a distinct NEPA function. Project proponents will deal with a single agency for many environmental regulatory matters previously handled within the department. The public will have improved access to information about regulatory decisions, although sensitive information may remain protected. The overall effect is a structural separation of regulatory delivery from ministerial policy functions, accompanied by new accountability and transparency requirements that will become operational from 1 July 2026.
Social post angles
New environmental regulator begins July 2026: The National Environmental Protection Agency Act creates a statutory agency to handle regulatory decisions under nine Commonwealth environmental laws from 1 July 2026. CEO independence protected by law: Section 14 ensures the head of NEPA exercises functions without direction from any person, while still receiving a ministerial statement of expectations. Public registers to show key decisions: NEPA must publish details of registrable decisions on its website, giving greater visibility into environmental approvals and compliance actions. Information sharing rules tightened: Entrusted persons face 200-penalty-unit civil penalties for unauthorised disclosure of protected information obtained under environmental laws. Advisory group to bring expert input: The CEO may appoint members with Indigenous cultural knowledge or specialist expertise to advise on regulatory functions. Five-yearly reviews built in: Parliament will receive independent reports on whether NEPA is delivering accountable and efficient environmental decision-making. Functions transferred from department: The CEO takes over many powers previously held by the Minister and Secretary under the EPBC Act and eight other statutes. External territories covered: The Act binds the Crown and extends to every external Territory, ensuring consistent application of the new agency framework.
SPENDER, Allegra, MP
Detail - Crossbench
SCAMPS, Sophie, MP
Senate
2R - Independent [sheet 3563]
POCOCK, Sen David
CW - Opposition [sheet 3509]
DUNIAM, Sen Jonathon
CW - Opposition [sheet 3512]
DUNIAM, Sen Jonathon
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Notes
Referred to Committee (30/10/2025): Environment and Communications Legislation Committee; Committee report (02/04/2026)
Considered by scrutiny committee (05/11/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 7 of 2025
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
This package of 7 Bills implements the second and now final stage of the Albanese Government’s response to the second independent statutory review of the EPBC Act (Samuel Review).
The Environment Protection Reform Bill 2025 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and 11 other Acts to implement substantive reforms. These include national environmental standards, ‘unacceptable impacts’, ‘net gain’ and restoration charges in lieu of environmental offsets, reforms to the national interest exemption and a new ‘national interest proposal’, streamlining reforms to approvals and accreditation pathways, reforms of the nuclear actions trigger, improved compliance and enforcement powers, and increases in criminal penalties and civil penalties.
The National Environmental Protection Agency Bill 2025 establishes a statutory agency to be known as the National Environmental Protection Agency (NEPA). The Chief Executive Officer (CEO) is given functions and powers under 9 environmental laws. The Minister may also delegate additional functions and powers to the CEO under the EPBC Act.
The Environment Information Australia Bill 2025 establishes the SES position of Head of Environment Information Australia (EIA) within the department and sets out the Head’s functions.
The Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025 establishes a framework to enable the imposition of restoration charges in lieu of a proponent establishing environmental offsets.
Three additional Bills provide for regulations to prescribe general charges, customs charges and excise charges, as necessary for cost recovery purposes.
In the lead up to the introduction of the Bills, stakeholders have variously raised significant concerns about whether the proposed reforms will actually protect the environment or will reduce and/or remove ‘red and green tape’ for business.
The Bills have been referred to the Senate Standing Committee on Environment and Communications for inquiry and report by 24 March 2026.
Introductory Info
Date of introduction: 30 October 2025
House introduced in: House of Representatives
Portfolio: Climate Change, Energy, the Environment and Water
Commencement: the Bills or specific schedules of the Bills commence as set out below:
Environment Protection Reform Bill 2025:
Sections 1 to 3
On Royal Assent.
Schedule 1, Parts 1 and 2 other than item 571
On the earlier of proclamation or 12 months after Royal Assent.
Schedule 1, item 571
Schedule 1, Part 3
On the day after Royal Assent.
Schedule 2, Part 1
Schedule 2, Part 3
Schedule 3
At the same time as the National Environment Protection Agency Act 2025, but does not commence if that Act does not commence.
Schedule 2, Part 2
On the later of (a) the same time as National Environment Protection Agency Act 2025and (b) the time item 35 of Schedule 1 to the Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Act 2023 commences; the provisions do not commence if the provisions in (b) do not commence.
National Environmental Protection Agency Bill 2025: 1 July 2026.
Environment Information Australia Bill 2025: At the same time as the National Environmental Protection Agency Act 2025, but does not commence if that Act does not commence.
Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025: sections 1 and 2 commence the day after Royal Assent; sections 3 to 18 commence on the earlier of proclamation or 12 months after Royal Assent.
Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025 and Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025: sections 1 and 2 commence the day after Royal Assent; sections 3 to 10 commence on the earlier of proclamation or 12 months after Royal Assent.
This is a preliminary Bills Digest produced to assist early consideration of the Bill. It provides some background and links to relevant resources. It will be replaced with a more comprehensive Bills Digest in due course.
Purpose of the Bills
This package of 7 Bills implement the second and now final stage of the Albanese Government’s response to the second independent statutory review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (formerly referred to as the Nature Positive Plan).
Background to the EPBC Act and EPBC Act reforms is provided in the following Parliamentary Library publications:
Sophie Power, ‘Environment Protection and Biodiversity Conservation Act 1999: a quick guide’, Research paper series, 2018-19, (Canberra: Parliamentary Library, May 2019)
Dr Emily Gibson, ‘Reform of Australia’s national environmental law’, in Parliamentary Library Briefing Book: Key issues for the 47th Parliament, (Canberra: Parliamentary Library, June 2022)
Dr Emily Gibson, ‘Reforming Australia’s national environmental law: an overview of the government’s response to the Samuel Review’, Research paper series, 2023-24, (Canberra: Parliamentary Library, November 2023)
Dr Emily Gibson, ‘Nature Positive Reforms - April 2024 update’, Flagpost, (Canberra: Parliamentary Library, 3 May 2024)
Dr Emily Gibson, ‘Nature Positive (Environment Protection Australia) Bill 2024 [and related Bills]’, Bills Digest, No. 75, 2023-24, (Canberra: Parliamentary Library, 24 June 2024).
The Senate Standing Committee on Environment and Communications’ report from its inquiry into the 3 Nature Positive Bills introduced in May 2024 as part of the ‘second stage’ of the Nature Positive reforms also provides helpful analysis and information on stakeholder views.
Structure of the Bills
Environment Protection Reform Bill 2025
The Environment Protection Reform Bill 2025 (Reform Bill) implements a significant number of substantive reforms to the EPBC Act. It also amends 8 environmental laws to allow the CEO of the National Environmental Protection Agency (NEPA) to exercise a range of functions and powers. The Bill has 3 Schedules.
Schedule 1,General amendments
Note: there are a significant number of amendments, and this list is not comprehensive.
Part 1:
allows the Minister to make, vary and revoke national environmental standards, as legislative instruments, and inserts new provisions to require that approvals and certain other instruments are not inconsistent with the national environmental standard (new Part 19B (item 571).
inserts a new definition of unacceptable impacts on protected matters (new section 527F) and amends or inserts new provisions requiring that actions or classes of actions not be approved (including when approved under other instruments) if the action would have an unacceptable impact.
inserts a new definition of ‘net gain test’ (new sections 527J and 527K) and inserts new provisions requiring that approved actions (and actions authorised under certain instruments) pass the net gain test; that is, that restoration actions taken to address the residual significant impacts of a controlled action achieve a ‘net gain’ environmental outcome.
introduces a new framework for delivering restoration actions (formerly environmental offsets), comprising a Restorations Contributions Holder (an SES employee of the department), a Restoration Actions Advisory Committee, and Restoration Contributions Special Account (new Part 12B; item 323). Proponents may be able to pay a restoration contribution charge to be invested by the Restorations Contribution Holder to achieve environmental outcomes.
introduces national interest proposals (new Division 2A of Part 11; item 291), allowing the Minister, on their own initiative or the proponent’s application, to enable the Minister to approve an action even if it had unacceptable impacts, was not consistent with national environmental standards, and did not meet the net gain test.
repeals and replaces the national interest exemption (new Division 3 of Part 11; item 292), allowing the Minister to, on their own initiative or on an application from or on behalf of a proponent (including a Commonwealth, state or territory Minister) exempt a proposed action from the application of Part 3 (requirements for environmental approvals) or Chapter 4 (environmental assessments and approvals) of the EPBC Act ‘in the national interest’.
introduce a new requirement for a proponent to provide information about the greenhouse gas emissions for the action at the assessment stage (new section 84A; item 191), with key matters to be provided in regulation, and for the Minister to be satisfied that certain arrangements provide for the disclosure of greenhouse gas emissions information.
amends Part 8 (assessing impacts of controlled actions) to introduce streamlined assessment pathways; the available assessment pathways would be an accredited assessment process, a streamlined assessment, an environmental impact statement or a public inquiry. The amendments also introduce new Subdivision C in Division 3 of Part 8, which allows the Minister to revoke an assessment determination and make a substituted assessment determination.
amends various provisions to clarify requirements for requests for further information and how time is counted.
amends provisions in Part 10 relating to strategic assessments with the aim of improving processes such as allowing for revocation, variation or the addition of conditions of a Part 10 approval, and for the transfer, variation and surrender of Part 10 approvals. The Minister would not be able to approve the taking of an action or class of actions under a Part 10 approval unless satisfied of specified matters such as prescribed national environmental standards and that actions would not have unacceptable impacts (new sections 146FA to 146FC).
amends or repeals and replaces provisions in Chapter 3 relating to bilateral agreements, including by allowing states and territories to approve actions under an accredited management or authorisation framework if the Minister is satisfied that the framework is not inconsistent with specified matters (such as national environmental standards and net gain provisions) and that action would not have unacceptable impacts. The amendments make corresponding amendments to provisions allowing states and territories to assess actions under an accredited framework. Bilateral agreements would be of no effect unless the relevant state or territory has provided mandatory undertakings (new sections 48A, 48B and 48C). The amendments provide for suspension, revocation and review of a bilateral agreement and for an exclusion determination such that the agreement would not apply to actions in a class of action.
amends Division 3 of Part 7 relating to reconsiderations by introducing a 28-day time limit on when a person other than a designated proponent can request reconsideration of a decision that an action is (or is not) a controlled action under subsection 75(1) (new subsection 78A(1A)) and inserting new section 79A allowing a person to request reconsideration of a decision that an action is not a controlled action if taken in a particular manner. The amendments also clarify the standard of information that must be provided. The Minister would be able to issue a determination allowing a proponent affected by a reconsideration decision to continue the action until the Minister makes a final reconsideration decision.
inserts new Part 19C (item 572) to allow the Minister and CEO of the NEPA to publish ‘rulings’, as written instruments, which set out the Minister or CEO’s opinion on the ‘way in which provisions of environmental law should apply in relation to persons, activities and other matters’.
repeals and replaces existing provisions relating to bioregional plans to allow the Minister to make bioregional guidance plans (new sections 176 to 176E) and inserts new Part 12A (item 323) allowing the Minister to make bioregional plans. Both will be written instruments (not legislative instruments). A bioregional plan must specify development zones in which one or more classes of action (a priority class of action) may be taken, conservation zones in which one or more classes of action (restricted action) may not be taken, and bioregional restoration measures. The Minister would be able to vary, suspend or revoke a bioregional plan, and to grant exemptions for restricted actions in exceptional circumstances and in the national interest.
amends subsection 29(1) to allow state and territories to approve controlled actions relating to the ‘water trigger’ under a bilaterally accredited management arrangement or authorisation process (item 77)
renames the nuclear action trigger the ‘radiological exposure action’ trigger and clarifies its application to certain mining activities (see new definition, item 36)
repeals and replaces Subdivision A of Division 4 of Part 11 (‘special environmental assessment process’ (section 160)) (item 299) and makes consequential amendments to Part 3 of the EPBC Act and to the Airports Act 1996, Environment Protection (Sea Dumping) Act 1981, Hazardous Waste (Regulation of Exports and Imports) Act 1989, Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 so that proposed actions are assessed by the standard assessment and approval pathways.
amends conservation planning and heritage provisions to:
update requirements for recovery plans for listed threatened species or listed threatened ecological communities, for listed key threatening processes and threat abatement plans, was well as for National Heritage and Commonwealth Heritage listing
introduce a new definition of critical habitat (new subsection 207A(4))
introduce new ‘protection statements’ for listed threatened species and listed threatened ecological communities (new Subdivision BA of Division 5 of Part 13, at item 431); the purpose of the protection statement is to translate ‘the scientific information in recovery plans and approved conservation advices into language and requirements that are able to be more easily applied to regulatory decisions’ (p. 409). A protection statement would be the primary conservation planning document, which the Minister would be required to not act inconsistently with, and would be required to have regard to, when making a relevant decision or approving a particular instrument or arrangement (‘turning off’ recovery plans and approved conservation advice (p. 75)).
repeals and replaces Division 12 (environmental audits) of Part 17 (enforcement) to allow the CEO of the NEPA to direct or require 2 different types of audits - a directed environmental audit and a compliance audit, and to require the CEO of the NEPA to establish a register or auditors (item 550).
The amendments in Division 12 of Part 17 to are substantially similar to the amendments in Part 1 of Schedule 11 of the Nature Positive (Environmental Law Amendments and Transitional Provisions) Bill 2024 (2024 Amendment Bill) (with the addition of a provision allowing the CEO of the NEPA to impose conditions on registration of an auditor).
inserts new Division 13A of Part 17 allowing the CEO to issue environment protection orders.
The amendments in Division 13A of Part 17 to are substantially similar to the amendments in Part 1 of Schedule 11 of the 2024 Amendment Bill (with the addition of a power to issue an order in relation to a contravention of an environmental exemption).
amends the Nature Repair Act 2023 to repeal the prohibition on the use of biodiversity certificates for an environmental offsetting purpose and to allow methodology determinations made under that Act to specify whether or not a biodiversity certificate can be used for an environmental offsetting purpose (items 625 to 627).
amends the EPBC Act (new Division 2A of Part 4, at item 114) and the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act; items 628 to 635) to provide that actions covered by a NOPSEMA management or authorisation framework (i.e. under the OPGGS Act and associated regulations) do not require approval under Part 9 of the EPBC Act. The Minister would be able to declare, in writing, the specified class of actions that are covered by this arrangement and may only do so if satisfied that the framework is not inconsistent with specified matters such as prescribed national environmental standards and that actions would not have unacceptable impacts. NOPSEMA would be required to report annually on how the framework complies with any relevant conditions. This would in effect replace the approved strategic assessment under Part 10 of the EPBC Act.
Part 2:
Division 1 amends the EPBC Act to increase criminal penalties in Part 3 of the Act (taking an action without an approval)
Division 2 amends the EPBC Act to increase civil penalties and introduce a new civil penalty formula for civil penalty provisions in Part 3 and subsection 142(1).
The amendments in Part 2 to are identical to the amendments in Part 2 of Schedule 11 of the 2024 Amendment Bill (noting there are new civil penalty provisions in new Part 12A-Bioregional plans).
Part 3: sets out application and transitional provisions which prescribe how amendments apply to particular circumstances.
Schedule 2,Consequential amendments and transitional provisions for the National Environment Protection Agency Act 2025
Part 1:
Items 1 to 187 amend the EPBC Act to replace select references to the Minister, and the Secretary of the department, with the CEO of the NEPA, including to allow the CEO to issue evidentiary certificates under Part 3, grant or refuse to grant permits under Part 13 and undertake compliance and enforcement activities under Parts 17, 18 and Schedule 1 of the Act. It also inserts proposed section 515AAA (item 155) to allow the Minister to delegate some or all of the Minister’s powers and functions to the CEO or a member of the staff of the NEPA (other than powers and functions in new subsection 515(1A), at item 574 of Schedule 1), and to allow the Secretary to similarly delegate some or all of the Secretary’s powers and functions to the CEO or a member of staff of the NEPA. It also requires that a public register of instruments of delegations is established (item 157).
Items 188 to 216 amend the Environment Protection (Sea Dumping) Act 1981 to replace select references to the Minister with the CEO to allow the CEO to grant (or refuse to grant) permits, vary, suspend, revoke or cancel permits, appoint inspectors and analysts, and issue evidentiary certificates.
Items 217 to 290 amends the Hazardous Waste (Regulation of Exports and Imports Act 1989 to replace select references to the Minister with the CEO, to allow the CEO to grant (or refuse to grant) permits, vary, suspend or revoke permits, issue certain orders, appoint inspectors, and exercise regulatory powers.
Items 291 and 292 amend the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 to replace select references to the Minister with the CEO, for example to allow the CEO to grant exemptions from levies, and to make consequential repeals.
Items 293 to 364 amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 to replace select references to the Minister and Secretary with the CEO and make related consequential amendments. It would allow the CEO to grant (or refuse to grant) licences, vary, suspend or cancel licences, appoint inspectors, exercise regulatory powers, and deal with seized and forfeited goods.
Items 365 and 366 amend the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 to replace select references to the Minister with the CEO, for example to allow the CEO to grant exemptions from levies, and to make consequential repeals.
Items 367 to 387 amend the Product Emissions Standards Act 2017 to replace select references to the Minister and Secretary with the CEO and to make related consequential amendments. It would allow the CEO to determine if a product complies with an emissions reduction standard, grant exemptions from compliance, appoint inspectors, exercise regulatory powers, and deal with seized and forfeited goods.
Items 388 to 590 amend the Recycling and Waste Reduction Act 2020 to replace select references to the Minister and Secretary with the CEO. It would allow the CEO to grant (or refuse to grant) export licences, vary, suspend or cancel export licences, appoint authorised officers, and exercise regulatory powers. The Schedule would also allow the CEO to approve new co-regulatory product stewardship arrangements, and to issue improvement notices to underperforming co-regulatory product stewardship arrangements.
Items 591 to 598 amends the Underwater Cultural Heritage Act 2018 to replace select references to the Minister and Secretary with the CEO and inserts proposed section 54A to allow the Minister to share information with the CEO. It would allow the CEO to exercise regulatory powers, deal with forfeited vessels, equipment or articles, and appoint inspectors.
Part 2: provides a contingent amendment to the Sea Dumping Act.
Part 3: provides transitional provisions relating to the formation of the NEPA, including for the transfer of documents and records and the application of an Enterprise Agreement to APS staff of the NEPA.
Items 1 to 187 in Part 1 are substantially similar to Schedule 2 of the 2024 Amendment Bill.
Items 188 to 598 in Part 1 and Parts 2 and 3 are substantially similar to Schedules 1 and 3 to 10 of 2024 Amendment Bill.
Schedule 3,Consequential amendments and transitional provisions for the Head of Environment Information Australia
Part 1: amends Part 21 (reporting) of the EPBC Act as a consequence of responsibility for preparation of State of the Environment reports transferring to the Head of Environment Information Australia (HEIA).
Part 2: provides transitional provisions which specify the time that the HEIA would be required to prepare and publish its first State of the Environment report (no later than 15 December 2028) and first statement of national environmental economic accounts; it also clarifies that the national environmental goals for the first State of the Environment report are those publicly available environmental targets identified and notified by the Minister.
National Environmental Protection Agency Bill 2025
The National Environmental Protection Agency Bill 2025 establishes a statutory agency to be known as the National Environmental Protection Australia (NEPA), which is to be led by a Chief Executive Officer (CEO). The Bill contains provisions relating to the governance and operation of the CEO and NEPA. The CEO is given functions and powers under 9 environmental laws, as provided for by amendments made by Schedule 2 of the Environment Protection Reform Bill 2025.
The Bill is substantially similar to the Nature Positive (Environment Protection Australia) Bill 2024. The principal differences are:
NEPA will also be responsible for monitoring and auditing the operation of certain declarations, bilateral agreements and bioregional plans under the EPBC Act
the CEO of NEPA will not be permitted to delegate a power or function under new Part 19C (rulings) of the EPBC Act.
The Minister would be able to designate the CEO as the designated report writer for recommendation reports under certain new assessment pathways (new section 84B; Reform Bill).
Environment Information Australia Bill 2025
The Environment Information Australia Bill 2025 establishes the SES position of Head of Environment Information Australia (HEIA) within the department. The Bill sets out the functions of the Head of the EIA (HEIA) which are to prepare and publish the State of the Environment report, establish and maintain environmental economic accounts, and declare national environmental information assets.
The Bill is substantially similar to the Nature Positive (Environment Information Australia) Bill 2024. The principal difference is that references to nature positive and the associated monitoring, evaluation and reporting framework for determining whether nature positive is being achieved in Australia are removed.
Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025 would enable a restoration contribution charge, bioregional plan registration charge, national interest exemption charge and Part 13 exemption charge to be imposed if specified as a condition of an approval or exemption granted under the relevant provisions of the EPBC Act. A restoration contribution charge could be imposed as a condition of a standard approval or in relation to an approved strategic assessment under Part 10 of the Act.
The charge is intended to enable the approval or exemption holder ‘to discharge their liability to compensate for the damage likely to be caused by the residual significant impacts of their proposed action’ by paying the charge to the Commonwealth to compensate ‘for any such damage to a net gain’ (p. 5). The charge would be imposed in lieu of the approval or exemption holder being required to provide environmental offsets.
The charge would be determined by the regulations, with the Explanatory Memorandum indicating that this would either be a prescribed flat rate for the bioregional plan registration charge, national interest exemption charge or Part 13 exemption charge, or prescribing a method to work out the charge (pp. 2-3). The regulations would prescribe the persons or classes of persons who are liable for the charges or are exempt from the charges.
The charge would be credited to the proposed new Restoration Contributions Special Account and the proposed new Restorations Contribution Holder would be able to use the monies to ‘deliver benefits for matters of national environmental significance’, such as delivering restoration actions (p. 2).
Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025 enables regulations to prescribe general charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025 enables regulations to prescribe customs charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025
The Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025 enables regulations to prescribe excise charges in relation to prescribed matters connected with the EPBC Act. The charges are intended to be limited to those ‘necessary for cost recovery purposes’ (p. 1).
Background
Brief overview of the EPBC Act
The EPBC Act is the primary Commonwealth environmental law and is administered by the Department of Climate Change, Energy, the Environment and Water (DCCEEW; the department). The Act implements key aspects of the 1992 Intergovernmental Agreement on the Environment and the 1997 Heads of Agreement on Commonwealth and State Roles and Responsibilities for the Environment, and consolidates 5 Commonwealth laws relating to environmental impact assessment, national parks, world heritage, and endangered species.
The Act establishes 9 ‘matters of national environmental significance’ (MNES) (protected matters), largely drawn from Australia’s international obligations under a range of environment and heritage treaties, and also provides for the protection of the environment on Commonwealth land. The Act sets out 2 regimes:
an environmental impact assessment and approval regime for actions by any person that are likely to have a significant impact on protected matters, actions by Commonwealth agencies that are likely to have a significant impact on the environment, and actions by any person likely to have a significant impact on the environment on Commonwealth land (Parts 3 to 11)
a regime for biodiversity conservation (for example, processes for listing and managing threatened species and ecological communities), protected areas (for example, National and Commonwealth Heritage places, Commonwealth reserves), and regulation of the trade in wildlife (Parts 11A to 15B).
The Act also:
establishes a range of advisory, expert and management bodies, namely the Threatened Species Scientific Committee, the Director of National Parks, and the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
sets out compliance and enforcement provisions
provides for review of decisions, including extended standing for judicial review
provides for annual reports and 5-yearly state of the environment reports
sets out interpretive provisions, including key definitions.
The Act mandates 10-yearly independent statutory reviews of the Act’s operation and the extent to which its objects have been achieved (section 522A).
Need for reform
The reforms are being introduced in response to the second independent statutory review of the EPBC Act (Samuel Review). The statutory review was initiated in October 2019 and was led by Professor Graeme Samuel, with the support of an expert panel comprising Bruce Martin, Dr Wendy Craik, Dr Erica Smyth and Professor Andrew Macintosh.
The Samuel Review, having observed that ‘Australia’s natural environment and iconic places are in an overall state of decline and under increasing threat’ (p. ii), concluded (p. ii):
The EPBC Act is out dated and requires fundamental reform. It does not enable the Commonwealth to effectively fulfill its environmental management responsibilities to protect nationally important matters. The Act, and the way it is implemented, results in piecemeal decisions, which rarely work in concert with the environmental management responsibilities of the States and Territories. The Act is a barrier to holistic environmental management which, given the nature of Australia’s federation, is essential for success. [emphasis added]
The Final report made 38 recommendations for improving the operation and effectiveness of the Act as part of a staged pathway of reform (p. ii):
The reforms … are designed to enable the Commonwealth to step up its efforts to deliver nationally important outcomes for the environment by:
setting clear outcomes through new, legally enforceable National Environmental Standards that set the boundaries for decision-making to deliver the protections needed
actively restoring the environment and facilitating the scale of investment needed to deliver better outcomes
taking an adaptive approach, through better planning, measuring the effectiveness of implementation and adjusting where needed to achieve outcomes
harnessing the knowledge of Indigenous Australians to better inform how the environment is managed.
Early in the 47th Parliament, the then Minister for the Environment Tanya Plibersek released the Albanese Government’s response to the review, Nature Positive Plan: Better for the environment, better for business. Among the range of reforms, the Minister promised legislation built ‘on three basic principles: clear national standards of environmental protection, improving and speeding up decisions, and building trust and integrity’ and an independent Environment Protection Agency.
The Minister subsequently split the reforms into 3 stages and, having achieved stage 1, introduced a suite of Bills in May 2024 to implement the stage 2 reforms. The Minister is reported to have negotiated amendments with the Australian Greens and Independent Senator David Pocock to secure passage of the Bills through the Senate; however, in the face of lobbying from industry and an upcoming election, the Prime Minister reportedly intervened, and the Bills were withdrawn in February 2025.
At the beginning of the 48th Parliament, the newly-appointed Minister for the Environment Senator Murray Watt described reform of the EPBC Act as ‘a very high and immediate priority for the government’. The reforms been repositioned as central to improving national productivity and facilitating Australia’s transition to a decarbonised economy.
For example, in August 2025, the Productivity Commission’s interim report Investing in cheaper, cleaner energy and the net zero transformation recommended (p. 37):
Reform national environment laws
The Australian Government should reform environment laws to expedite approvals for clean energy projects and better protect the environment. The reforms should:
introduce national environmental standards
facilitate regional planning, particularly within renewable energy zones, with stricter statutory deadlines for assessing projects in ‘go zones’
provide accessible, high-quality information about the environment and past assessment decisions
make offsetting arrangements more efficient, such as by enabling developers to meet their offset obligations by contributing to an Australian Government offsets fund
set clear expectations about engagement with local communities and Aboriginal and Torres Strait Islander people.
Following the government’s August 2025 Economic Reform Roundtable, Minister Watt announced that the reform timetable would be accelerated, and would focus on implementing the three core principles of the Samuel Review: ‘stronger environmental protection and restoration, more efficient and robust project assessments and greater accountability and transparency in decision-making’.
The Minister has pointed to departmental analysis that determined that speeding up the consideration of projects and their approval would save the ‘business community and the national economy… at least half a billion dollars and potentially up to $7 billion in savings to the national economy’ (p. 3).
Policy position of non-government parties / independents
Australian Greens
The Australian Greens have long called for significant changes to the EPBC Act to ensure the Act actually protects the environment, considers climate impacts of actions, and operates efficiently. The Australian Greens spokesperson for the Environment, Senator Sarah Hanson-Young, recently outlined key areas of concern:
Environment laws that protect nature must include:
protection of critical habitat and forests
stop species extinction
a climate trigger
federal control over approvals.
Senator Hanson-Young has previously indicated that there ‘was “no prospect” of a deal on passage of the legislation unless Labor committed to a plan to end native forest logging’.
Following an October 2025 briefing on draft legislation, Senator Hanson-Young described the proposed laws as ‘not worth the paper they’re printed on’. The Senator said:
This bill has been drafted with the interests of mining industry front and centre. It weakens environmental protection. It will take us backwards and is worse than the status quo.
Coalition
The Liberal-National Coalition has been highly critical of the Albanese Government’s Nature Positive Plan. Reflecting previous ‘one stop shop’ policies, the Coalition has argued in favour of measures that streamline approvals processes and remove duplication with state and territory assessment and approval processes. It has described the establishment of the EPA as an ‘added layer of bureaucracy that is the last thing our economy and environment needs’.
Following an October 2025 briefing on draft legislation, Leader of the Opposition Sussan Ley described the proposed amendments as ‘a red light to jobs and … a handbrake to investment and development’ (p. 3). Ms Ley reportedly wrote to the Prime Minister seeking that the reforms be split into ‘“practical” measures to speed up assessment times for projects’ and deal with the ‘more contentious environmental elements’ of the reforms later.
The new Shadow Minister for the Environment, Angie Bell, has indicated a willingness to work with Labor in good faith negotiations, saying:
We want to make sure that we strike a balance between conserving our environment but also making sure there is certainty for industry moving forward and investment and jobs in our country.
More recently, Ms Bell:
…called on the government to immediately regulate ‘unacceptable impacts’, provide certainty on the definition of ‘net gain’ whiles removing scope one and two emissions reporting and cleaning up Labor’s “sad excuse” of an Environmental Protection Authority (EPA).
Ms Bell also called for the proposed ‘unacceptable impacts’ provisions to be moved into an environmental standard, greater clarification on key definitions (such as ‘net gain’), and for the CEO of the EPA to instead be made accountable to (and dismissible by) the Minister, with an official statement of expectations, and subject to a binding direction of the Minister.
The Deputy Leader of the Nationals Kevin Hogan has indicated reservations with the proposed legislation, including a requirement that proponents of major projects disclose their carbon emissions and the application of national environmental standards to regional forest agreements. He said ‘we think this will make it harder for industry to produce economic income for this country’ (p. 1).
Independent members and senators
Numerous independent members of the Parliament have campaigned for improvements to the EPBC Act, principally by incorporating a ‘climate trigger’ and removing the exemption for native forest logging under regional forest agreements.
Senator David Pocock and Senator Lidia Thorpe, along with the Australian Greens, are reported to want EPBC Act ‘to assess land clearing to try to stop native forest logging, climate considerations included in environmental assessments and decision-making, and a greater inclusion of Indigenous knowledge in environmental governance and decision-making’.
Independent MP Zali Steggall has expressed deep concern about attempts to rush legislation through the Parliament, stating ‘while reform is urgently needed, Australians expect such monumental legislation to undergo proper and meaningful parliamentary scrutiny before being passed’. As well as calling for the ‘deforestation loophole’ to be closed, Ms Steggall has foreshadowed amendments that would require the Environment Minister to take into account the following when deciding whether to grant an approval:
the economic costs and benefits an affected ecosystems would deliver if the damage from development did not occur, compared to the costs and benefits of the development
risks to the climate of the proposed development.
Stakeholder response to the Bills
The following table provides links to key stakeholder statements - both during the weeks prior to the introduction of the Bills and immediately following their introduction.
Stakeholder(s)
Statement
Australian Conservation Foundation (ACF)
ACF’s position on national nature law reform
ACF responds to Labor’s Environment Protection Agency announcement
ACF warns weak nature laws risk repeating decades of destruction
ACF
Greenpeace
WWF Australia
Environment groups welcome new enforcement powers and increases in penalties for nature laws
Climate Council
EPBC: How Australia’s national environmental law measures up on climate
Humane World for Animals
EPBC Act reforms must prevent bad decision-making, put nature first
Greenpeace
Nature law reform can’t be “big rubber stamp for the big end of town”: Greenpeace
Invasive Species Council
EPBC Act: Reforms to address threats to nature
Central Land Council
Tiwi Land Council
Northern Land Council
Anindilyakwa Land Council
Environmental law reform must safeguard future of remote communities
Environmental Defenders Office
Long-awaited EPBC reforms fall short of fixing a failing Act - Environmental Defenders Office
National Farmers Federation
Farmers urge balance and practicality in EPBC overhaul
Australian Chamber of Commerce and Industry
Environmental laws must get the balance right
Australian Industry Group
Environment reform is a decent balance and a strong improvement
Business Council of Australia (BCA)
Business Council welcomes Government’s decision to fast-track EPBC reform
Business Council says environmental approvals reform needed but warms key changes are critical to success
Housing Industry Association
Time to stop playing politics and fast track overdue EPBC reforms
Association of Mining and Exploration Companies (AMEC)
Reforms to EPBC Act are on track after WA and Federal Governments reach agreement
Vital step forward for environmental approvals but some clarity still needed
Australian Energy Producers
EPBC reforms an opportunity to fix Australia’s broken environmental laws
Minerals Council of Australia
EPBC reform must deliver outcomes for communities, environment and economy
Work needed to ensure environmental laws succeed
Other relevant expert commentary includes:
Justine Bell-James, ‘Labor’s environmental law overhaul: a little progress and a lot of compromise’, The Conversation, 30 October 2025
Justine Bell-James, Martine Maron, Phillipa C McCormack and James EM Watson, ‘Groundhog Day: The EPBC Act reform process’, Environment and Planning Law Journal, 41 (2025): 19-40
Atticus Fleming and Andrew Macintosh, ‘Biodiversity is in catastrophic decline. Here are three ways to ensure Australia’s conservation law actually works’, The Guardian, 28 October 2025
Ken Henry (Chair of the Australian Climate and Biodiversity Foundation), Speech to the National Press Club: Our last, best change - national environmental laws to restore nature and power the net zero economy, Canberra, 16 July 2025
Phillipa C. McCormack, ‘Ken Henry urges nature law reform after decades of “intergenerational bastardry”’, The Conversation, 16 July 2025
Frances Medlock and Rachael Chick, ‘One step forward, two steps back - EPA, EIA and the long awaited reformed to Australia’s environmental laws’, Environment and Planning Law Journal, 41 (2025): 19-40 (authors employed by Environmental Defenders Office)
Euan Ritchie, Phillipa C. McCormack and Yung En Chee, ‘Labor is close to a deal on environmental law reforms. There are troubling signs these will fall short’, The Conversation, 10 October 2025.
Appendix
A brief history of efforts to reform the EPBC Act
Date
Description
12 November 1998
Environment Protection and Biodiversity Conservation Bill 1998 [1999] introduced. It passed both Houses on 29 June 1999 and substantive provisions commenced on 16 July 2000.
31 October 2008
First independent statutory review of the EPBC Act (Hawke Review), commissioned by the then Minister for the Environment Peter Garrett, commences. The review is led by Dr Allan Hawke, with the support of an expert panel comprising Paul Stein, Professor Mark Burgman, Professor Tim Bonyhady and Rosemary Warnock.
The review’s Final report, released on 21 December 2009, makes 71 wide-ranging recommendations revolving around 9 core elements.
The government releases its formal response on 24 August 2011; however, ‘[e]xcept for an environmental offsets policy, the response to the Hawke Review was never implemented’.
29 October 2019
Second independent statutory review of the EPBC Act (Samuel Review), commissioned by the then Minister for the Environment Sussan Ley, commences. The review is led by Professor Graeme Samuel, with the support of an expert panel comprising Bruce Martin, Dr Wendy Craik, Dr Erica Smyth and Professor Andrew Macintosh.
The review’s Final report, provided to the then Minister on 30 October 2020 and publicly released on 28 January 2021, concludes that (p. i):
The EPBC Act is out dated and requires fundamental reform. It does not enable the Commonwealth to effectively fulfill its environmental management responsibilities to protect nationally important matters. The Act, and the way it is implemented, results in piecemeal decisions, which rarely work in concert with the environmental management responsibilities of the States and Territories. The Act is a barrier to holistic environmental management which, given the nature of Australia’s federation, is essential for success.
27 August 2020
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 to support single-touch environmental approvals. The Bill is almost identical to a Bill introduced in 2014 and is widely viewed as inconsistent with the Samuel Review’s Interim Report (p. 3). It lapses at the end of 46th Parliament.
25 February 2021
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2020 to establish National Environmental Standards and an Environmental Assurance Commissioner. The Bill was viewed by some stakeholders as ‘cherry picking’ recommendations from the Samuel Review’s Final report (p. 3). It lapses at the end of the 46th Parliament.
16 June 2021
The then Minister for the Environment releases the Morrison Government’s response, A pathway for reforming national environmental law, recognising that reform was long overdue and agreeing with the central pillars of the Samuel Review’s recommendations (pp. 2-3).
19 July 2022
Following the election of the Albanese Government, the new Minister for the Environment Tanya Plibersek releases the 2021 State of the environment report, which documents the continuing decline in Australia’s environment. The Minister commits to providing a formal response to the Samuel Review by the end of 2022, with the aim of developing new environmental legislation for 2023 (p. 9).
8 December 2022
The then Minister for the Environment releases the Albanese Government’s response, Nature Positive Plan: Better for business, better for the environment. The Minister promises legislation built ‘on three basic principles: clear national standards for environmental protection, improving and speeding up decisions, and building trust and integrity’ as well as an independent Environment Protection Agency.
30 October 2023
Formal closed consultations commence with key stakeholder groups, as well as Commonwealth, state and territories agencies (p. 92).
December 2023
During final negotiations on the Nature Repair Bill 2023 and Nature Repair Market (Consequential Amendments) Bill 2023, the government introduces a proposed amendment to the EPBC Act to amend the ‘water trigger’ to include all forms of unconventional gas development. This helps secure passage of the Bills through the Senate and partially achieves the Samuel Review’s first recommendation (p. 48).
16 April 2024
The then Minister for the Environment announces that the Nature Positive reforms would be progressed in a staged manner:
Establishing the nature repair scheme and expanding the ‘water trigger’ (completed in December 2023)
Creating Environment Protection Australia (EPA) and Environment Information Australia (EIA)
Delivering substantive reform to the EPBC Act, as outlined in the Nature Positive Plan.
29 May 2024
The then Minister for the Environment introduces the Nature Positive (Environment Protection Australia) Bill 2024, Nature Positive (Environment Information Australia) Bill 2024, and Nature Positive (Environmental Law Amendments and Transitional Provisions) Bill 2024. The Bills comprise the second stage of reforms and pass the House on 4 July 2024.
The Senate Environment and Communications Legislation Committee conducts an inquiry into the Bills and recommends their passage with amendments. However, the Coalition, Australian Greens, Senator David Pocock and Senator Lidia Thorpe each make separate recommendations.
25 November 2024
The then Minister for the Environment negotiated amendments with the Australian Greens and independent Senator David Pocock to secure passage of the Nature Positive Bills. These are reportedly set aside following Prime Minister Anthony Albanese’s intervention, and the Bills are discharged from the Notice Paper on 5 February 2025.
25 March 2025
The then Minister for the Environment introduces the Environment Protection and Biodiversity Conservation Amendment (Reconsiderations) Bill 2025. The Bill removes the minister’s ability to overturn a controlled action decision in certain circumstances where the request for reconsideration was made more than 5 years after the action commenced.
The heavily criticised Bill, which responds explicitly to a request for reconsideration of salmon aquaculture in Macquarie Harbour and its impacts on the critically endangered Maugean Skate, passes both Houses the following day and commences on 28 March 2025.
16 May 2025
Following re-election of the Albanese Government, the new Minister for the Environment Senator Murray Watt states that reform of the EPBC Act is one of the highest priorities for the Albanese Government during the 48th Parliament.
19 June 2025
The Minister for the Environment hosts a high-level roundtable, bringing together stakeholders from environmental, resources, energy, climate, housing and agricultural sectors, as well as First Nations Representatives. The Minister noted support for reforms based on three pillars (p. 1):
Stronger environmental protection and restoration
More efficient and robust project assessments
Greater accountability and transparency in decision making.
The Minister also noted ‘strong support for key components of the reforms, such as National Environmental Standards, Streamlined approval processes, Regional planning, More robust offset regimes, Better data on environmental outcomes’ (p. 1).
27 August 2025
The Assistant Minister for Climate Change and Energy Josh Wilson introduces the Environment Protection and Biodiversity Conservation (Board of Management Functions) Bill 2025. The Bill enables a Board for a Commonwealth reserve to continue making decisions after a management plan expires, provided those decisions are consistent with the expired management plan. While the Samuel Review made a number of recommendations relating to jointly managed Commonwealth reserves and, in particular, improving the contribution of Indigenous Australian’s traditional knowledge and participation in EPBC Act processes, the Bill primarily responds to the impending expiry of management plans for 2 reserves.
The Senate Environment and Communications Legislation Committee considered the Bill and recommends its passage.
The Bill passed both Houses on 28 October 2025 but is yet to receive Royal Assent.
30 October 2025
The package of Bills is introduced to the House of Representatives.
Links
The links to the Bills, their Explanatory Memoranda and second reading speeches can be found on the Bill home pages, linked above, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as of November 2025.
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9 Establishment of National Environmental Protection Agency 7
10 Constitution of NEPA 7
11 Function of NEPA 7
Division 3,The Chief Executive Officer 8
12 The Chief Executive Officer 8
13 Functions of the CEO 8
14 Independence of the CEO 9
Part 3,Responsibilities in relation to functions 10
Division 1,Introduction 10
15 Simplified outline of this Part 10
Division 2,Statement of expectations and statement of intent 11
16 Minister’s statement of expectations 11
17 Statement of intent 11
Division 3,Registers 13
18 Registers 13
19 Definition of registrable decision 13
20 Register of registrable decisions 13
21 Registers of prescribed matters 13
22 Suspension of registers 14
23 Certain information not required to be published on registers 14
Part 4,Information and confidentiality 15
Division 1,Introduction 15
24 Simplified outline of this Part 15
Division 2,Information gathering 16
25 CEO may request information, advice or documents 16
Division 3,Use and disclosure of relevant information 17
Subdivision A,Authorised disclosures by the CEO 17
26 Disclosure of relevant information to Commonwealth entities 17
27 Disclosure of relevant information to State or Territory government body 17
28 Disclosure for the purposes of law enforcement 17
29 Disclosure to reduce serious risk to human health 18
30 Disclosure to reduce serious risk to the environment 18
Subdivision B,Authorised use and disclosure by entrusted persons 18
31 Use and disclosure for the purposes of an Act 18
32 Use and disclosure for the administration or governance of NEPA 18
33 Use and disclosure for the purposes of an Act administered by the Minister 19
34 Use and disclosure for the purposes of assisting the Head of Environment Information Australia 19
35 Use or disclosure for the purposes of international obligations 19
36 Publicly available information 19
37 Person to whom information relates 19
38 Use and disclosure with consent 20
39 Person who provided information 20
40 Summaries or statistics 20
41 Disclosure to a court, tribunal etc. 20
Subdivision C,Civil penalties 21
42 Unauthorised use or disclosure of protected information,entrusted person 21
43 Unauthorised use or disclosure of protected information,official of a Commonwealth entity 21
Part 5,Appointment of the CEO and engagement of staff etc. 23
Division 1,Introduction 23
44 Simplified outline of this Part 23
Division 2,Appointment of the CEO etc. 24
45 Appointment of the CEO 24
46 Acting appointments 25
47 Terms and conditions 25
48 Remuneration 25
49 Leave of absence 26
50 Other paid work 26
51 Resignation 26
52 Termination of appointment 26
Division 3,Staff 28
53 Staff 28
54 Persons assisting NEPA 28
Division 4,Advisory group 29
55 CEO may establish advisory group 29
56 CEO may publish advice 30
57 CEO must consider advice 30
Part 6,Miscellaneous 31
58 Simplified outline of this Part 31
59 Delegation by the CEO 31
60 Annual report 32
61 Periodic reviews of the administration of NEPA 33
62 Enforcement of civil penalty provisions 34
63 Rules 35
National Environmental Protection Agency Act 2025
No. 69, 2025
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;