Environment Protection Reform Bill 2025, National Environmental Protection Agency Bill 2025, Environment Information Australia Bill 2025, Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025

The CHAIR (18:42): The question is that the remaining amendments on sheets 3511 and 3556 and the amendments on sheets 3508, 3522 and 3523 be agreed to. Opposition's circulated amendments to the Environment Protection Reform Bill 2025 — SHEET 3508 (1) Schedule 2, item 155, page 417 (after line 7), after subsection 515AAA(2), insert: (2A) Despite subsection (1), the Minister must not delegate under that subsection any of the Minister's powers or functions under a provision of Chapter 4 (about environmental assessments and approvals).

(2) Schedule 2, item 155, page 417 (after line 15), after subsection 515AAA(3), insert: (3A) Despite subsection (3), the Secretary must not delegate under that subsection any of the Secretary's powers or functions under a provision of Chapter 4 (about environmental assessments and approvals). _____ SHEET 3511 (6) Schedule 1, item 140, page 57 (line 23), omit "or is likely to have".

(10) Schedule 1, item 242, page 104 (table item 2, column headed "The decision the Minister is to make …"), omit "or being likely to have". (15) Schedule 1, item 323, page 170 (lines 21 and 22), omit ", will have, or is likely to have,", substitute "or will have". (16) Schedule 1, item 323, page 180 (lines 29 and 30), omit ", will have, or are likely to have,", substitute "or will have".

(17) Schedule 1, item 588, page 343 (line 1) to page 354, omit section 527F, substitute: 527F Unacceptable impacts (1) For the purposes of this Act, the following table sets out the impacts that are unacceptable impacts on each matter protected by a provision of Part 3. Unacceptable impacts Provision Matter protected Unacceptable impact section 12 the world heritage values of a declared world heritage property a significant impact that causes serious loss or damage to the world heritage values section 15A the world heritage values of a declared world heritage property a significant impact that causes serious loss or damage to the world heritage values section 15B the National Heritage values of a National Heritage place a significant impact that causes serious damage to the national heritage values of the National Heritage place section 15C the National Heritage values of a National Heritage Place a significant impact that causes serious damage to the national heritage values of the National Heritage place section 16 the ecological character of a declared Ramsar wetland a significant impact that: (a) seriously impairs the ecological character of a declared Ramsar wetland; or (b) seriously undermines the ability of the declared Ramsar wetland to continue to meet the criteria for which it was listed under the Ramsar Convention section 17B the ecological character of a declared Ramsar wetland a significant impact that: (a) seriously impairs the ecological character of a declared Ramsar wetland; or (b) seriously undermines the ability of the declared Ramsar wetland to continue to meet the criteria for which it was listed under the Ramsar Convention subsection 18(1) a listed threatened species in the extinct in the wild category a significant impact that seriously impairs the viability of the listed threatened species subsection 18(2) a listed threatened species in the critically endangered category a significant impact that: (a) seriously impairs the viability of the listed threatened species; or (b) causes serious damage to critical habitat of the listed threatened species where the habitat is irreplaceable and necessary for the listed threatened species to remain viable in the wild subsection 18(3) a listed threatened species in the endangered category a significant impact that: (a) seriously impairs the viability of the listed threatened species; or (b) causes serious damage to critical habitat of the listed threatened species where the habitat is irreplaceable and necessary for the listed threatened species to remain viable in the wild subsection 18(4) a listed threatened species in the vulnerable category a significant impact that: (a) seriously impairs the viability of the listed threatened species; or (b) causes serious damage to critical habitat of the listed threatened species where the habitat is irreplaceable and necessary for the listed threatened species to remain viable in the wild subsection 18(5) a listed threatened ecological community in the critically endangered category a significant impact that: (a) seriously impairs the viability of the listed threatened ecological community; or (b) causes serious damage to critical habitat of the listed threatened ecological community where the habitat is irreplaceable and necessary for the listed threatened ecological community to remain viable in the wild subsection 18(6) a listed threatened ecological community in the endangered category a significant impact that: (a) seriously impairs the viability of the listed threatened ecological community; or (b) causes serious damage to critical habitat of the listed threatened ecological community where the habitat is irreplaceable and necessary for the listed threatened ecological community to remain viable in the wild subsection 18A(1) or (2) (a) a listed threatened species (except a species included in the extinct category of the list referred to in section 178 or a conservation dependent species); and (b) a listed threatened ecological community (except an ecological community included in the vulnerable category of the list referred to in section 181) a significant impact that: (a) seriously impairs the viability of the listed threatened species or listed threatened ecological community; or (b) except for a listed threatened species included in the extinct in the wild category of the list referred to in section 178—causes serious damage to critical habitat of the listed threatened species or listed threatened ecological community where the habitat is irreplaceable and necessary for the listed threatened species or listed threatened ecological community to remain viable in the wild section 20 a listed migratory species a significant impact that: (a) seriously impairs the viability of the listed migratory species; or (b) causes serious damage to habitat of the listed migratory species where the habitat is irreplaceable and necessary for the listed threatened migratory species to remain viable in the wild section 20A a listed migratory species a significant impact that: (a) seriously impairs the viability of the listed migratory species; or (b) causes serious damage to habitat of the listed migratory species where the habitat is irreplaceable and necessary for the listed migratory species to remain viable in the wild section 21 the environment a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment section 22A the environment a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment subsection 23(1) the environment a significant impact that: (a) seriously impairs the functioning and integrity of a marine ecosystem that is part of the environment; or (b) causes serious damage to the heritage values of a place if the place is part of the environment subsection 23(2) the environment in a Commonwealth marine area a significant impact that: (a) seriously impairs the functioning and integrity of a marine ecosystem that is part of the environment in the Commonwealth marine area; or (b) causes serious damage to the heritage values of a place if the place is part of the environment of the Commonwealth marine area subsection 23(3) the environment in the coastal waters (within the meaning of the Fisheries Management Act 1991) in which the action is taken of the State or the Northern Territory a significant impact that: (a) seriously impairs the functioning and integrity of any marine ecosystem that is part of the environment in the coastal waters of the State or the Northern Territory in which the action is taken; or (b) causes serious damage to the heritage values of a place that is part of the environment in the coastal waters of the State or the Northern Territory in which the action is taken subsection 24A(1) or (2) the environment a significant impact that: (a) seriously impairs the functioning and integrity of a marine ecosystem that is part of the environment; or (b) causes serious damage to the heritage values of a place that is part of the environment subsection 24A(3) or (4) the environment in a Commonwealth marine area a significant impact that: (a) seriously impairs the functioning and integrity of a marine ecosystem that is part of the environment in the Commonwealth marine area; or (b) causes serious damage to the heritage values of a place if the place is part of the environment of the Commonwealth marine area subsection 24A(5) or (6) the environment in the coastal waters (within the meaning of the Fisheries Management Act 1991) in which the action is taken of the State or the Northern Territory a significant impact that: (a) seriously impairs the functioning and integrity of a marine ecosystem that is part of the environment in the coastal waters of the State or the Northern Territory in which the action is taken; or (b) causes serious damage to the heritage values of a place that is part of the environment in the coastal waters of the State or the Northern Territory in which the action is taken subsection 24B(1) the environment a significant impact that: (a) seriously impairs the biodiversity values that are part of the environment; or (b) causes serious damage to the heritage values of a place that is part of the environment subsection 24B(2) the environment in the Great Barrier Reef Marine Park a significant impact that: (a) seriously impairs the biodiversity values of the environment in the Great Barrier Reef Marine Park; or (b) causes serious damage to the heritage values of a place that is part of the environment in the Great Barrier Reef Marine Park subsections 24C(1) and (3) the environment a significant impact that: (a) seriously impairs the biodiversity values of the environment; or (b) causes serious damage to the heritage values of a place that is part of the environment subsections 24C(5) and (7) the environment in the Great Barrier Reef Marine Park a significant impact that: (a) seriously impairs the biodiversity values of the environment in the Great Barrier Reef Marine Park; or (b) causes serious damage to the heritage values of a place that is part of the environment in the Great Barrier Reef Marine Park section 24D a water resource a significant impact that: (a) seriously impairs the functioning and integrity of the water resource to the extent that critical human water needs can no longer be provided from the water resource; or (b) causes serious damage to the functioning and integrity of a water resource that is necessary to maintain a site of regional or national ecological significance section 24E a water resource a significant impact that: (a) seriously impairs the functioning and integrity of the water resource to the extent that critical human water needs can no longer be provided; or (b) causes serious damage to the functioning and integrity of a water resource that is necessary to maintain a site of regional or national ecological significance section 25 a thing prescribed by the regulations for the purposes of this table item in relation to which an action to which section 25 applies a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment subsection 26(1) the environment a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment subsection 26(2) the environment on Commonwealth land a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment subsection 27A(1) or (2) the environment a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment subsection 27A(3) or (4) the environment on Commonwealth land a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment section 27B the environment in a Commonwealth Heritage place outside the Australian jurisdiction a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment section 27C(1) and (2) the environment in a Commonwealth Heritage place outside the Australian jurisdiction a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment section 28 the environment a significant impact that the Minister is satisfied is unacceptable because it will seriously impair the environment (2) For the purposes of subsection (1), a significant impact of an action causes serious damage if the damage is irreversible and of a severe nature and extent. _____ SHEET 3522 (1) Schedule 1, page 103 (after line 2), after item 240, insert: 240A Paragraph 143(1)(c) Omit "or the Minister has extended", substitute "the Minister has extended". 240B Paragraph 143(1)(c) After "under section 145D,", insert "or the Minister grants an application under section 156J(1) in relation to the approval,".

(2) Schedule 1, page 136 (after line 29), after item 290, insert: 290A After Division 1B of Part 11 Insert: Division 1C — Variation of actions 156G Application for variation of action (1) If: (a) either: (i) a decision is in operation under subsection 75(1) that an action (the original action) a person proposes to take or is taking is not a controlled action; or (ii) an approval of the taking of an action (also the original action) by a person is in operation under Part 9; and (b) the person proposes to take another action (the new action) instead; the person may apply to the Minister for a variation of the original action.

(2) The application must: (a) be in writing; and (b) specify the proposed variation of the original action; and (c) include any other information prescribed by the regulations. 156H Minister must invite comments on application Other Commonwealth Ministers (1) If the Minister (the Environment Minister) receives an application under section 156G, the Environment Minister may: (a) inform any other Minister who the Environment Minister believes has administrative responsibilities relating to the original action or the new action; and (b) invite each other Minister informed to give the Environment Minister, within 10 business days, any information the other Minister considers relevant to the application.

State and Territory Ministers (2) If the new action is proposed to be taken in a State or self-governing Territory and the Environment Minister thinks the new action may have an impact on a matter protected by a provision of Division 1 of Part 3 (about matters of national environmental significance), the Environment Minister may: (a) inform the appropriate Minister of the State or Territory of the application; and (b) invite that Minister to give the Environment Minister, within 10 business days: (i) any comments the Minister considers relevant to the application; and (ii) any other information that the Minister of the State or Territory considers relevant to the application.

Note: Subsection (2) also applies in relation to an application that relates to an action that is to be taken in an area offshore from a State or the Northern Territory. See section 157. Public (3) The Environment Minister must publish on the Department's website: (a) the application; and (b) an invitation for anyone to give the Environment Minister, within 10 business days, comments in writing on any matters relevant to the application. 156J Decision on application under section 156G Decision on application (1) If the Minister receives an application under section 156G, the Minister may: (a) grant the application; or (b) refuse the application.

(2) The Minister must not grant the application unless the Minister is satisfied that: (a) the character of the new action is substantially the same as the character of the original action; and (b) in relation to a matter protected by a provision of Part 3 on which the original action does not have, will not have, and is not likely to have an adverse impact—the new action does not have, will not have, and is not likely to have an adverse impact on that matter; and (c) in relation to a matter protected by a provision of Part 3 on which the original action has, will have, or is likely to have an adverse impact—the adverse impact (if any) the new action has, will have or is likely to have on that matter is not, or would not be, greater than the original action; and (d) for an application relating to a decision in operation under subsection 75(1) that the original action is not a controlled action because the Minister believes the original action will be taken in the manner identified under subsection 77A(1) in the notice given under section 77—the new action will also be taken in the identified manner and the identified manner is appropriate for the new action; and (e) the grant of the application is not inconsistent with any national environmental standards prescribed by the regulations for the purposes of this paragraph.

(3) In making a decision under subsection (1), the Minister must have regard to: (a) the nature of the activities proposed to be carried out in taking the new action; and (b) the nature and extent of the impacts (if any) the new action has, will have or is likely to have on a matter protected by a provision of Part 3; and (c) any other matter the Minister considers relevant.

Requests for information (4) The Minister may, in writing, request any person to provide specified information if the Minister is satisfied that the information is reasonably necessary in order for the Minister to make an informed decision under subsection (1) as to whether to grant or refuse an application. Notice of decision (5) As soon as practicable after making a decision under subsection (1), the Minister must: (a) give the applicant written notice of the decision; and (b) if the decision is to grant the application—publish a copy of the notice on the Department's website.

Effect of decision to grant application (6) The grant of an application takes effect on the day specified in the written notice of the decision (which must not be earlier than the day the notice is given to the applicant). (7) On and after the day the grant of the application takes effect: (a) for an application relating to a decision in operation under subsection 75(1) that the original action is not a controlled action—the decision under subsection 75(1) has effect as if it were instead a decision that the new action is not a controlled action; and (b) for an application relating to an approval in operation under Part 9 of the taking of the original action by the applicant—the approval under Part 9 has effect as if it were instead an approval of the taking of the new action by the applicant. 156K Withdrawal of application under section 156G A person who makes an application under section 156G may, by written notice, withdraw the application at any time before the Minister makes a decision under subsection 156J(1). _____ SHEET 3523 (1) Schedule 1, item 588, page 355 (line 24) to page 356 (line 35), omit subsections 527K(1) and (2), substitute: Approval of an action (1) An approval of the taking of an action passes the net gain test in relation to a residual significant impact the action has, will have, or is likely to have, on a matter (the impacted matter) protected by a provision of Part 3, if: (a) either or both of the following kinds of conditions is attached to the approval: (i) a condition requiring the holder of the approval to compensate for damage to a matter protected by a provision of Part 3 (whether or not the impacted matter) that has been, or may or will be, caused by the residual significant impact; (ii) a condition requiring the holder of the approval to pay restoration contribution charge in relation tothe residual significant impact; and (b) compliance with the condition or conditions results in a net gain for a matter protected by a provision of Part 3 (whether or not the impacted matter): (i) if the regulations prescribe the net gain for the matter—that is at least equal to the prescribed net gain; or (ii) otherwise—that the Minister is satisfied is appropriate; and (c) if any other requirements are prescribed by the regulations in relation to compensation for damage to a matter protected by a provision of Part 3 (whether or not the impacted matter)—the requirements are satisfied.

Approval of a class of actions (2) An approval of the taking of a class of actions passes the net gain test in relation to a residual significant impact the class of actions as a whole has, will have or is likely to have, on a matter (the impacted matter) protected by a provision of Part 3, if: (a) either or both of the following kinds of conditions is attached to the approval: (i) a condition requiring the holder of the approval to compensate for damage to a matter protected by a provision of Part 3 (whether or not the impacted matter) that has been, or may or will be, caused by the residual significant impact; (ii) a condition requiring the holder of the approval to pay restoration contribution charge in relation tothe residual significant impact; and (b) compliance with the condition or conditions results in a net gain for a matter protected by a provision of Part 3 (whether or not the impacted matter): (i) if the regulations prescribe the net gain for the matter—that is at least equal to the prescribed net gain; or (ii) otherwise—that the Minister is satisfied is appropriate; and (c) if any other requirements are prescribed by the regulations in relation to compensation for damage to a matter protected by a provision of Part 3 (whether or not the impacted matter)—the requirements are satisfied. _____ SHEET 3556 (1) Clause 2, page 2 (at the end of the table), add: 10.

Schedule 5 The day after this Act receives the Royal Assent. (2) Schedule 1, item 36, page 9 (lines 12 and 13), omit paragraph 22(1A)(d). (3) Schedule 1, item 36, page 9 (lines 29 and 30), omit subsection 22(1B).

(6) Page 473 (after line 19), at the end of the Bill, add: Schedule 5 — Nuclear actions Australian Radiation Protection and Nuclear Safety Act 1998 1 Section 10 Repeal the section. Environment Protection and Biodiversity Conservation Act 1999 2 Subsection 22(1) (paragraph (d) of the definition of nuclear action ) Repeal the paragraph. 3 Section 37J Repeal the section. 4 Section 140A Repeal the section. 5 Section 146M Repeal the section. 6 Paragraph 305(2)(d) Repeal the paragraph.