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 (18:44): I will now deal with the amendments circulated by the government. Senator Roberts: I've probably jumped the gun, but I'd like to separate GJ129 from the other two. The CHAIR: In that case, the question is that the amendments on sheet GJ129 be agreed to.
Government's circulated amendments to the Environment Protection Reform Bill 2025 — (1) Schedule 1, item 174, page 73 (line 4), omit "section 79F", substitute "subsection 79F(1)". (2) Schedule 1, item 188, page 81 (after line 17), after subsection 79F(1), insert: (1A) However, if the Minister decides under section 79G to extend the date on which a decision under section 75 ceases to be in force, the references in subsection (1) to the fifth anniversary of the date of the notice of the decision are taken to be references to the date decided by the Minister under section 79G.
(3) Schedule 1, item 188, page 81 (after line 23), at the end of Division 4, add: 79G Extending date of lapsing of decision that action is not a controlled action (1) At least 6 months before the fifth anniversary of the date of a notice given under section 77 (the initial notice) of a decision under section 75 (the initial decision) that an action is not a controlled action, the Minister must give the person to whom the initial notice was given written notice that, if the taking of the action has not substantially commenced before the fifth anniversary, the initial decision will cease to be in force under subsection 79F(1) on that anniversary.
(2) The person may request the Minister to extend the date on which the initial decision will cease to be in force under subsection 79F(1). The request must: (a) be in writing; and (b) be in the approved form (if any); and (c) be accompanied by the following: (i) the information or documents (if any) that the approved form specifies are required; (ii) the information or documents (if any) prescribed by the regulations.
(3) The request must be made at least 20 business days before the fifth anniversary. (4) The Minister must make a decision on the request within 20 business days. (5) The Minister may, if satisfied that it is appropriate to do so, extend the date on which the initial decision will cease to be in force under subsection 79F(1) to a later date specified by the Minister.
The later date must not be later than the tenth anniversary of the date of the initial notice. (6) If the Minister extends the date to a date that is sooner than the tenth anniversary of the date of the initial notice, the Minister may, if the Minister is satisfied that it is appropriate to do so, further extend the date, so long as the later date is not later than the tenth anniversary of the date of the initial notice.
(7) The Minister may further extend the date under subsection (6) on one or more occasions (so long as no further later date is later than the tenth anniversary of the date of the initial notice). (8) As soon as practicable after the Minister decides a request under subsection (2), or extends a date under subsection (6), the Minister must: (a) give the person written notice of the Minister's decision; and (b) publish a copy of the decision on the Department's website.
(4) Schedule 1, item 323, page 188 (lines 8 and 9), omit "section 177BQ (cessation of registration if action has not substantially commenced)", substitute "subsection 177BQ(2)". (5) Schedule 1, item 323, page 188 (lines 23 and 24), omit "section 177BQ (cessation of registration if priority action not commenced within 5 years)", substitute "subsection 177BQ(2)".
(6) Schedule 1, item 323, page 190 (lines 15 and 16), omit "section 177BQ (cessation of registration if priority action not commenced within 5 years)", substitute "subsection 177BQ(2)". (7) Schedule 1, item 323, page 191 (after line 16), at the end of section 177BQ, add: (3) However, if the Minister decides under section 177BQA to extend the date on which the registration ceases to have effect, the reference in paragraph (1)(b) to the end of the period of 5 years beginning when the Minister made the decision is taken to be a reference to the date decided by the Minister under section 177BQA.
(8) Schedule 1, item 323, page 191 (before line 17), before section 177BR, insert: 177BQA Extending date of cessation of registration of priority action (1) At least 6 months before the fifth anniversary of the date of a notice given under subsection 177BN(6) (the initial notice) of a decision under paragraph 177BN(3)(a) to register a priority action, the Minister must give the person to whom the initial notice was given written notice that, if the priority action has not substantially commenced before the fifth anniversary, the registration of the priority action will cease to have effect under subsection 177BQ(2) on that anniversary.
(2) The person may request the Minister to extend the date on which the registration will cease to have effect under subsection 177BQ(2). The request must: (a) be in writing; and (b) be in the approved form (if any); and (c) be accompanied by the following: (i) the information or documents (if any) that the approved form specifies are required; (ii) the information or documents (if any) prescribed by the regulations.
(3) The request must be made at least 20 business days before the fifth anniversary. (4) The Minister must make a decision on the request within 20 business days. (5) The Minister may, if satisfied that it is appropriate to do so, extend the date on which the registration will cease to have effect under subsection 177BQ(2) to a later date specified by the Minister.
The later date must not be later than the tenth anniversary of the date of the initial notice. (6) If the Minister extends the date to a date that is sooner than the tenth anniversary of the date of the initial notice, the Minister may, if the Minister is satisfied that it is appropriate to do so, further extend the date, so long as the later date is not later than the tenth anniversary of the date of the initial notice.
(7) The Minister may further extend the date under subsection (6) on one or more occasions (so long as no further later date is later than the tenth anniversary of the date of the initial notice). (8) As soon as practicable after the Minister decides a request under subsection (2), or extends a date under subsection (6), the Minister must: (a) give the person written notice of the Minister's decision; and (b) publish a copy of the decision on the Department's website.
(9) Schedule 1, item 682, page 385 (line 31), omit "Section 79F", substitute "Sections 79F and 79G". (10) Schedule 1, item 682, page 385 (line 32), omit "section 79F", substitute "sections 79F and 79G". Question agreed to.