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16 Replacement of s 143B (Chief executive may approve use
of information system)
Section 143B—
omit, insert—
143B Authorisation for automatic dealing with
particular authorities
(1) A regulation may prescribe any of the following
matters—
(a) a type of relevant authority that may be
automatically issued, given or granted to a
person by the operation of an electronic
system;
(b) a type of relevant authority that may be
automatically amended, cancelled or
renewed by the operation of an electronic
system;
(c) the way in which a relevant authority
mentioned in paragraph (a) or (b) may be
automatically issued, given, granted,
amended, cancelled or renewed by the
operation of an electronic system.
(2) The Minister may recommend to the Governor in
Council the making of a regulation prescribing a
matter under subsection (1) only if the Minister is
satisfied prescribing the matter would not have a
detrimental effect on achieving the object of this
Act.
(3) In this section—
prescribed provision see section 141(3).
relevant authority—
(a) means a licence, permit or other authority
under the Act; but
(b) does not include a licence, permit or other
authority mentioned in a prescribed
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provision for which the chief executive may
not, under section 141(2), delegate the chief
executive’s powers.
143BA Electronic system for automatic dealing
with particular authorities
(1) An electronic system must not be used to deal
with a relevant authority under a regulation made
under section 143B(1) unless the chief executive
approves the use of the system for that purpose.
(2) The chief executive must take all reasonable steps
to ensure the approved electronic system operates,
and continues to operate, in compliance with the
requirements of this Act.
(3) A relevant authority that is automatically dealt
with by the operation of the approved electronic
system is taken to have been dealt with by a
decision of the chief executive.
(4) Subsection (1) does not prevent the approved
electronic system being used for another purpose
relating to the administration of this Act.
(5) In this section—
deal with, a relevant authority, means issue, give,
grant, amend, cancel or renew the authority.
relevant authority see section 143B(3).
17 Amendment of s 143G (Internal review)
(1) Section 143G(3)—
omit, insert—
(3) The application may be dealt with only by—
(a) for an original decision about a relevant
authority taken to be dealt with by a
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decision of the chief executive under section
143BA(3)—an authorised person; or
(b) for another original decision—a person
who—
(i) did not make the original decision; and
(ii) holds a more senior office than the
person who made the original decision.
(2) Section 143G(4), ‘Subsection (3)’—
omit, insert—
Subsection (3)(b)
18 Insertion of new pt 12, div 9
Part 12—
insert—
Division 9 Validation and transitional
provisions for Nature
Conservation and Other
Legislation Amendment
Act 2025
220 Validation of regulation authorities
(1) This section applies if—
(a) before the commencement, a regulation
authority was purportedly dealt with by the
operation of an automated system; and
(b) at the relevant time, the authority could have
been lawfully dealt with by the chief
executive under the relevant Act.
(2) The regulation authority is taken to be as valid and
lawful as if the authority had been lawfully dealt
with at the relevant time by the chief executive
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under the relevant Act.
(3) For applying subsection (2), a matter required to
have been considered by the chief executive under
the relevant Act is taken to have been considered
by the chief executive at the relevant time when
the regulation authority was dealt with.
(4) Anything done or omitted to be done that would
have been valid and lawful under this Act or
another Act, had the regulation authority been
lawfully dealt with, is taken to be, and always to
have been, valid and lawful.
(5) In this section—
automated system means an electronic system
operated from time to time by public service
employees of the department.
dealt with, in relation to a regulation authority,
means the authority was issued, given, granted,
amended or renewed.
regulation authority means a licence, permit or
other authority mentioned in a regulation made
under the relevant Act.
relevant Act, in relation to a regulation authority,
means the Act as in force at the relevant time.
relevant time, in relation to a regulation authority,
means the time the authority was purportedly
dealt with.
221 Electronic system approved before
commencement
(1) This section applies if—
(a) before the commencement, the chief
executive approved the use of an electronic
system for an automated purpose; and
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(b) immediately before the commencement, the
approval was in effect.
(2) The electronic system is taken to be approved by
the chief executive under section 143BA(1) for
the same automated purpose for the period—
(a) starting on the commencement; and
(b) ending when the chief executive cancels the
approval, whether to give a new approval
under section 143BA(1) or otherwise.
(3) In this section—
automated purpose means automatically issuing,
giving, granting, amending, cancelling or
renewing, by the operation of an electronic
system, a licence, permit or other authority
mentioned in a regulation made under this Act.
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Nature Conservation and Other Legislation Amendment Bill 2025
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Schedule 1 Other amendments of
Environmental Protection Act
1994
section 13
1 Chapter 5, part 5, division 2, subdivision 2, heading,
‘Decision’—
omit, insert—
Other applications
2 Section 175, heading, after ‘application’—
insert—
for mining activity relating to mining lease
3 Section 178, heading, ‘Automatic’—
omit, insert—
Deemed
4 Section 179, heading, ‘Automatic’—
omit, insert—
Deemed
5 Section 181(1), ‘subdivision 2,’—
omit.
6 Section 181(2)(b), ‘section 170(2)(b)’—
omit, insert—
section 170(3)
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