SenateSen Slade (The DEPUTY PRESIDENT) Brockman · SenateThursday 27 November 2025

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 (18:52): I've had a request from Senator Duniam that, in the next group of amendments, we put sheet 3567 separately. So the question is that amendments (1) to (5) on sheet 3567 be agreed to. Australian Greens' circulated amendment s to the Environment Protection Reform Bill 2025— (1) Schedule 1, item 152, page 60 (lines 6 to 12), omit subsection 65B(1), substitute: (1) A bilateral agreement that includes the declaration mentioned in subsection 46(1) in relation to actions in a class of actions: (a) must include provisions that authorise the Minister to determine, in writing, that a specified action in the class of actions that a person proposes to take is excluded from the agreement; and (b) may include provisions that authorise the Minister of the State or Territory concerned to make such a determination.

(1A) The bilateral agreement must not include a provision that prevents the Minister from making a determination mentioned in paragraph (1)(a) or limits the circumstances in which such a determination may be made. (2) Schedule 1, item 612, page 364 (line 12), omit the definition of exclusion determination in section 528. (3) Schedule 1, item 677, page 384 (line 22), omit "Exclusion determinations and use", substitute "Use".

(4) Schedule 1, item 677, page 384 (lines 24 to 26), omit subitem (3). (5) Schedule 1, item 677, page 384 (lines 31 to 32), omit paragraphs (4)(a) and (b). Question agreed to.

The CHAIR: The question is that the remaining amendments on sheets 3564 and 3573 and the amendments on sheets 3565, 3566, 3568, 3569, 3570, 3571, 3572, 3574 revised, 3576 and 3577 be agreed to. Australian Greens' circulated amendments to the Environment Protection Reform Bill 2025 — SHEET 3564 (2) Schedule 1, item 117, page 39 (line 8), after "Part 3", insert ", other than section 24D or 24E,".

(4) Schedule 1, item 160, page 66 (line 28), after "of Part 3", insert ", other than sections 24D and 24E". (5) Schedule 1, item 160, page 66 (after line 28), after paragraph 71A(5)(a), insert: (aa) the action is not an action mentioned in section 24D or 24E; and _____ SHEET 3565 (1) Schedule 1, item 228, page 96 (after line 26), after subsection 134(3AC), insert: (3AD) Despite paragraphs (1)(b) and (2)(b), the Minister must not attach a condition to the approval requiring the holder of the approval to pay a restoration contribution charge in relation to a residual significant impact that the action has, will have or likely to have on a matter protected by a provision of Part 3 for which the approval has effect if the matter is declared in a legislative instrument under section 134AA.

(2) Schedule 1, page 97 (after line 27), after item 230, insert: 231 After section 134 Insert: 134AA Declaration of protected matters for which a restoration contributions charge condition must not be attached (1) The Minister may, by legislative instrument, declare a matter protected by a provision of Part 3 for the purposes of subsection 134(3AD). (2) If the Minister: (a) makes a protection statement that includes information that payment of a restoration contribution charge should not be available in relation to a residual significant impact that the action has, will have or is likely to have on a listed threatened species or listed threatened community or part of a species or community; or (b) varies a protection statement to include that information for a species or community or part of a species or community; the Minister must declare the species or community or the part of the species or community under subsection (1).

Note 1: See paragraph 298B(2)(ca) in relation to information in protection statements about payment of restoration contribution charge. Note 2: Listed threatened species and listed threatened ecological communities are matters protected by provisions of Part 3 (see Subdivision C of that Part). (3) Before making or varying a legislative instrument under subsection (1), the Minister: (a) must consult with: (i) the Restoration Contributions Holder and the Restoration Contributions Advisory Committee; and (ii) the Threatened Species Scientific Committee established by section 502 (b) may consult with: (i) any other committee established under Part 19; or (ii) the Australian Heritage Council; and (c) must have regard to any advice received as a result of those consultations.

(4) Subsection (3) does not apply if the Minister is required by subsection (2) to declare a matter. (5) The Minister must notify the Restoration Contributions Holder and the Restoration Contributions Advisory Committee and the Threatened Species Scientific Committee if the Minister makes or varies a legislative instrument under subsection (1). (3) Schedule 1, item 431, page 250 (after line 24), after paragraph 298B(2)(c), insert: (ca) information about whether payment of a restoration contribution charge should be available in relation to a residual significant impact that an action has, will have or is likely to have on the species or community or a relevant part of the species or community; or _____ SHEET 3566 (1) Clause 2, page 2 (table item 2, column headed "Provisions"), before "item 571", insert "item 116A and".

(2) Clause 2, page 2 (table item 3, column headed "Provisions"), before "item 571", insert "item 116A and". (3) Schedule 1, page 38 (before line 29), before item 116, insert: 116A After subsection 43B(2) Insert: (2A) Subsection (1) also does not apply to an action if: (a) the action consists of, or involves, clearing vegetation from land; and (b) the land is within 50 metres of any of the following in a catchment area of the Great Barrier Reef Marine Park: (i) a watercourse (within the meaning of the Water Act 2007); (ii) a wetland; (iii) a drainage line.

(2B) Subsection (1) also does not apply to an action if: (a) the action consists of, or involves, clearing vegetation from land; and (b) at the time the action is taken, the land has not been cleared of vegetation for a period of at least 15 years; and (c) the action is not a forestry operation. Definitions and interpretation (2C) In this section: catchment area of the Great Barrier Reef Marine Park means the area falling within the boundary described in the dataset that: (a) is titled Great Barrier Reef catchment and river basins; and (b) has a dataset scale of 1:100,000; and (c) specifies the boundaries of all river basins draining to the Great Barrier Reef; and (d) is dated 5 May 2018; and (e) is held by the government of Queensland.

Note 1: An indicative map of this area is set out in Schedule 2. Note 2: The dataset could in 2025 be viewed on the Queensland Spatial Catalogue's website (https://qldspatial.information.qld.gov.au/catalogue/). forestry operations means any of the following done for commercial purposes: (a) the planting of trees; (b) the managing of trees before they are harvested; (c) the harvesting of forest products; and includes any related land clearing, land preparation and regeneration (including burning) and transport operations.

For the purposes of paragraph (c), forest products means live or dead trees, ferns or shrubs, or parts thereof. (4) Schedule 1, page 370 (after line 35), after item 618, insert: 618A At the end of the Act Add: Schedule 2 — Catchment area of the Great Barrier Reef Marine Park Note: See section 43B. Image temporarily unavailable online.

Please contact the Senate Table Office if you require a copy. _____ SHEET 3568 (1) Schedule 1, item 116, page 38 (lines 29 and 30), omit the item, substitute: 116 Subsection 45(3) Repeal the subsection, substitute: Limitation on entering bilateral agreement that includes declaration under section 46 (3) However, the Minister must not enter into a bilateral agreement with a State or a self-governing Territory that includes a declaration under section 46 unless: (a) at the time the agreement is entered into, there is in force a bilateral agreement with that State or Territory that includes a declaration under section 47; or (b) the agreement replaces a bilateral agreement that was in force immediately before the entry into the agreement and that included a declaration under section 46 or 47; or (c) the class of actions specified in the declaration is a class of RFA forestry operations.

(2) Schedule 1, item 117, page 43 (lines 25 to 30), omit section 46B, substitute: 46B Advice from CEO before accreditation (1) Before accrediting a management or authorisation framework under subsection 46(2) for the purposes of a bilateral agreement with a State or self-governing Territory, the Minister must: (a) seek advice from the CEO in relation to the decision whether to accredit the framework; and (b) have regard to that advice in making the decision.

(2) If the Minister has not previously accredited a management or authorisation framework for the purposes of a bilateral agreement with the State or self-governing Territory, the advice the Minister seeks from the CEO must include advice on the operation of any existing or previous bilateral agreement with the State or self-governing Territory that includes or included a declaration under subsection 47(1).

(3) However, subsection (2) does not apply if: (a) the bilateral agreement includes a declaration under subsection 46(1); and (b) the class of actions specified in the declaration is a class of RFA forestry operations. Note: Advice given under this subsection may includeadvice on the kinds of matters mentioned in paragraphs 65D(2)(b) to (f). _____ SHEET 3569 (1) Schedule 1, item 323, page 162 (after line 5), at the end of section 177AE, add: (5) A bioregional plan must not specify a priority class of actions that includes one or more fossil fuel actions.

(2) Schedule 1, item 323, page 165 (lines 26 to 32), omit subsection 177AL(2). (3) Schedule 1, item 323, page 166 (lines 11 to 14), omit paragraph 177AL(5)(b). (4) Schedule 1, item 323, page 166 (lines 27 to 29), omit paragraph 177AM(e).

(5) Schedule 1, item 323, page 173 (lines 27 to 30), omit paragraph 177AX(1)(b). (6) Schedule 1, item 323, page 175 (lines 16 to 22), omit subsection 177AY(4). (7) Schedule 1, item 323, page 175 (lines 31 to 34), omit paragraph 177AY(6)(c).

(8) Schedule 1, item 612, page 364 (after line 15), after the definition of exemption charge, insert: fossil fuel action means an action that involves the production or extraction of: (a) petroleum (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006); or (b) coal. _____ SHEET 3570 (1) Schedule 1, item 287, page 132 (after line 28), after subsection 146P(1), insert: (1A) Despite subsection (1), the Minister must not determine that a specified action is excluded if the action is a fossil fuel action.

(2) Schedule 1, item 291, page 137 (after line 11), after subsection 157A(1), insert: (1A) Despite subsection (1), the Minister must not determine that the taking of a specified action is a national interest proposal if the action is a fossil fuel action. (3) Schedule 1, item 323, page 192 (after line 20), after subsection 177BT(1), insert: (1A) Despite subsection (1), the Minister must not grant an exemption in relation to the taking of a restricted action in a conservation zone if the restricted action is a fossil fuel action.

(4) Schedule 1, item 323, page 208 (after line 14), after subsection 177CF(1), insert: (1A) Despite subsection (1), the Minister must not determine that a specified action is taken not to be a priority action if the action is a fossil fuel action. (5) Schedule 1, item 612, page 364 (after line 15), after the definition of exemption charge, insert: fossil fuel action means an action that involves the production or extraction of: (a) petroleum (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006); or (b) coal. _____ SHEET 3571 (1) Clause 2, page 2 (after table item 4),insert: 4A.

Schedule 1A The day after this Act receives the Royal Assent. (2) Page 400 (after line 25), after Schedule 1, insert: Schedule 1A — Amendments relating to continuation of a use of land, sea or seabed Environment Protection and Biodiversity Conservation Act 1999 1 After subsection 43B(2) Insert: (2A) Subsection (1) also does not apply to an action if: (a) the action consists of, or involves, clearing vegetation from land; and (b) at the time the action is taken, the land has not been cleared of vegetation for a period of at least 15 years; and (c) the action is not a forestry operation.

(2B) In this section: forestry operations means any of the following done for commercial purposes: (a) the planting of trees; (b) the managing of trees before they are harvested; (c) the harvesting of forest products; and includes any related land clearing, land preparation and regeneration (including burning) and transport operations. For the purposes of paragraph (c), forest products means live or dead trees, ferns or shrubs, or parts thereof. _____ SHEET 3572 (1) Schedule 1, item 117, page 43 (after line 30), after section 46B, insert: 46BA Advice from CEO on accredited management or authorisation framework (1) This section applies if: (a) a bilateral agreement includes the declaration described in subsection 46(1) in relation to a management or authorisation framework that is accredited for the purposes of the agreement; and (b) the agreement is in force.

(2) If the CEO becomes aware that the framework has been amended, the CEO must provide advice to the Minister about the agreement and the framework as amended. (3) The advice: (a) must include the CEO's opinion about whether the conditions in paragraphs 46(3)(a) to (k) continue to be met in relation to the framework as amended; and (b) may include recommendations in relation to the agreement.

(4) Without limitation, recommendations under paragraph (3)(b) may include a recommendation to the Minister on the following: (a) whether to vary the agreement or suspend or cancel the effect of the agreement, either generally or in relation to actions in a specified class or in relation to a specified provision of Part 3; (b) whether to make a determination under subsection 56B(2) in relation to the framework as amended.

Minister must have regard to advice (5) In deciding whether to vary the agreement, suspend or cancel the effect of the agreement or make a determination under subsection 56B(2) in relation to the framework as amended, the Minister must have regard to any advice received from the CEO in accordance with this section. (2) Schedule 1, page 44 (after line 28), after item 118, insert: 118A After section 47 Insert: 47A Advice from CEO on manner of assessment (1) This section applies if: (a) a bilateral agreement includes the declaration described in subsection 47(1) in relation to actions in a class of actions by reference to a specified manner in which the actions are assessed; and (b) the agreement is in force.

(2) If the CEO becomes aware that the specified manner in which the actions are assessed for the purposes of the agreement is amended, the CEO must provide advice to the Minister about the agreement and the manner of assessing actions as amended. (3) The advice: (a) must include the CEO's opinion about whether the conditions in paragraphs 47(2)(a) and (b) continue to be met in relation to the manner of assessing actions as amended; and (b) may include recommendations in relation to the agreement.

Minister must have regard to advice (5) In deciding whether to vary the agreement, suspend or cancel the effect of the agreement or make a determination under subsection 56C(2) in relation to the manner of assessing actions, the Minister must have regard to any advice received from the CEO in accordance with this section. _____ SHEET 3573 (1) Schedule 1, item 154, page 63 (lines 17 to 24), omit the item, substitute: 154 Section 66 Omit: (ca) information included in the referral; or (d) preliminary documentation provided by the proponent; or (e) a public environment report; or substitute: (d) preliminary documentation provided by the proponent; or (e) a streamlined assessment; or (2) Schedule 1, item 189, page 81 (after line 29), after the paragraph (a) of the paragraph beginning "For actions that are to be assessed" in section 80, insert: (aa) an assessment on preliminary documentation (see Division 4); (3) Schedule 1, item 191, page 84 (line 8), after "reports under", insert "Division 4 (assessment on preliminary documentation),".

(4) Schedule 1, item 192, page 84 (after line 19), after the paragraph (a) of the paragraph beginning "The Minister must choose" in section 85, insert: (aa) an assessment on preliminary documentation; (5) Schedule 1, items 193 and 194, page 84 (line 23) to page 85 (line 15), omit the items, substitute: 193 Paragraphs 87(1)(aa), (b) and (c) Repeal the paragraphs, substitute: (b) assessment on preliminary documentation under Division 4; (c) assessment by streamlined assessment under Division 5A; 193A Subsection 87(4A) Repeal the subsection. 194 After subsection 87(5) Insert: Streamlined assessment (5A) The Minister may decide on an assessment by streamlined assessment only if the Minister is satisfied (after considering the matters in subsection (3)) that: (a) the action is not a fossil fuel action; and (b) the approach will allow the Minister to make an informed decision whether or not to approve under Part 9, for the purposes of each controlling provision, the taking of the action; and (c) the greenhouse gas emissions information for the action has been provided.

(5B) If the greenhouse gas emissions information for the action is provided for the purposes of paragraph (5A)(c) other than by being included in the referral of the action, the Secretary must publish the information on the Department's website as soon as practicable after it is provided to the Minister. (6) Schedule 1, item 202, page 88 (before table item 1), insert: 1A assessment on preliminary documentation (a) environmental impact statement; or (b) inquiry; or (c) accredited assessment process (7) Schedule 1, item 202, page 88 (table item 1, column 2), before paragraph (a), insert: (aa) assessment on preliminary documentation; or (8) Schedule 1, item 202, page 89 (table item 2), after "impact", insert "statement".

(9) Schedule 1, item 202, page 89 (line 5), omit "94", substitute "95C, 100B". (10) Schedule 1, item 203, page 90 (lines 9 to 30), omit the item, substitute: 203 Division 3A of Part 8 Repeal the Division. 203A After paragraph 95(2)(b) Insert: (ba) the greenhouse gas emissions information for the action; and 203B After paragraph 95A(3)(c) Insert: (ca) the greenhouse gas emissions information for the action; and 203C After subsection 95B(4) Insert: Copy of greenhouse gas emissions information in either case (4A) The designated proponent must give the Minister, together with a copy of the documents and comments mentioned in paragraph (1)(b) or the statement mentioned in subsection (3), the greenhouse gas emissions information for the action. 203D Subsection 95C(1) Omit "Secretary", substitute "designated report writer". 203E At the end of subsection 95C(1) Add: Note: The designated report writer will be either the Secretary or the CEO, depending on the declaration made by the Minister under section 84B. 203F Subsection 95C(2) Omit "130(1B)(c)", substitute "130(1B)(ba)". 203G Division 5 of Part 8 Repeal the Division, substitute: Division 5A — Streamlined assessment 100A Application This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by streamlined assessment. 100B Recommendation report (1) The designated report writer must prepare and give to the Minister a recommendation report relating to the action.

The report must include recommendations on: (a) whether the taking of the action should be approved under Part 9 for the purposes of each provision of Part 3 that is a controlling provision for the action; and (b) if approval is recommended—any conditions that should be attached to the approval. Note: The designated report writer will be either the Secretary or the CEO, depending on the declaration made by the Minister under section 84B.

(2) The recommendation report must be given to the Minister as soon as practicable after the Minister decides under section 87 that the relevant impacts of the action must be assessed by streamlined assessment. (11) Schedule 1, item 215, page 93 (after line 19), after paragraph 130(1B)(b), insert: (ba) if Division 4 of Part 8 (assessment on preliminary documentation) applies to the action—the period of 40 business days beginning on the first business day after the Minister receives the documents under subsection 95B(1) or the statement under subsection 95B(3), as the case requires; (12) Schedule 1, item 218, page 94 (lines 1 to 6), omit the item, substitute: 218 Subparagraphs 131AA(2)(a)(ii) and (iii) Repeal the subparagraphs, substitute: (ii) a recommendation report given to the Minister under section 95C, 100B or 105; and (13) Schedule 1, item 224, page 95 (lines 16 to 27), omit the item, substitute: 224 Subsection 133(8) (paragraph (b) of the definition of assessment documentation) Repeal the paragraph. 224A Subsection 133(8) (paragraph (d) of the definition of assessment documentation) Repeal the paragraph, substitute: (da) if Division 5A of Part 8 (streamlined assessment) applies to the action: (i) the referral of the proposal to take the action; and (ii) the information provided in response to any request for further information made under section 76 or 89; and (iii) the greenhouse gas emissions information for the action (if not covered by subparagraph (i) or (ii)); and (iv) the recommendation report given to the Minister under section 100B; or (14) Schedule 1, item 232, page 97 (line 33), omit "94", substitute "95C, 100B".

(15) Schedule 1, item 235, page 98 (lines 12 to 20), omit the item, substitute: 235 Paragraph 136(2)(ba) Repeal the paragraph. 235A Paragraph 136(2)(c) Repeal the paragraph, substitute: (bd) if Division 5A of Part 8 (streamlined assessment) applies to the action: (i) the referral of the proposal to take the action; and (ii) the information provided in response to any request for further information made under section 76 or 89; and (iii) the recommendation report given to the Minister under section 100B; and (16) Schedule 1, items 300 and 301, page 153 (lines 3 to 7), omit the items, substitute: 300 Subparagraph 168(1)(a)(i) Repeal the subparagraph. 301 Subparagraph 168(1)(a)(iii) Repeal the subparagraph, substitute: (iiia) Division 5A of Part 8; 301A Paragraph 168(1)(b) Omit "3A, 4, 5", substitute "4, 5A".

(18) Schedule 1, item 306, page 153 (line 16), omit ", (e)". (19) Schedule 1, item 309, page 153 (lines 22 and 23), omit the item, substitute: 309 Paragraph 170A(ia) Omit "100", substitute "100B". (20) Schedule 1, item 310, page 153 (line 25), omit "4, 5 or", substitute ", 5".

(21) Schedule 1, item 312, page 154 (line 6), omit "4, 5 or", substitute ", 5". (22) Schedule 1, item 313, page 154 (line 9), omit "4, 5 or", substitute ", 5". (23) Schedule 1, item 314, page 154 (lines 10 to 12), omit the item, substitute: 314 Subsection 170BA(7) (paragraph (b) of the definition of assessment documentation ) Repeal the paragraph.

(24) Schedule 1, item 612, page 364 (after line 15), after the definition of exemption charge, insert: fossil fuel action means an action that involves the production or extraction of: (a) petroleum (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006); or (b) coal. (25) Schedule 1, item 683, page 386 (lines 8 to 29), omit subitem (1), substitute: (1) The following amendments and provisions of the principal Act, as made or inserted by this Act, do not apply in relation to an action if the Minister decided under section 87 of the principal Act on the approach to be used for the assessment of the relevant impacts of the action before the commencement day: (a) the repeal of Divisions 3A and 5 of Part 8, the amendments of Division 4 of Part 8 and the insertion of Division 5A of Part 8; (b) the amendments of section 87 other than paragraph 87(5A)(c) and subsection 87(5B); (c) the amendments of subsection 95C(1); (d) the amendments of subsection 105(1); (e) the amendment of subsection 108(2); (f) the amendments of subsection 130(1B); (g) the amendment of subsection 131AA(2); (h) the amendments of subsection 133(8); (i) the amendments of section 135A; (j) the repeal of paragraphs 136(2)(ba) and (c) and the insertion of paragraph 136(2)(bd); (k) the amendments of section 168; (l) the amendments of section 170A; (m) the amendments of subsections 170BA(1), (6) and (7).

(26) Schedule 1, item 688, page 387 (line 27) to page 388 (line 4), omit the item, substitute: 688 Greenhouse gas emissions information The following amendments or provisions of the principal Act, as made or inserted by this Act, apply in relation to an action referred under section 68, 69 or 71 of the principal Act on or after the commencement day: (a) subsection 72(4); (b) section 84A; (c) paragraph 87(5A)(c) and subsection 87(5B); (d) paragraphs 95(2)(ba) and 95A(3)(ca); (e) subsection 95B(4A); (f) paragraphs 103(1)(aa) and (2)(b); (g) section 107A; (h) subsection 170BA(2A). _____ SHEET 3574 REVISED (1) Schedule 1, page 5 (after line 7), before item 2, insert: 2A Section 11 (paragraph beginning "Also,") After "Agreements", insert "before the sunset day (see section 38),".

(2) Schedule 1, page 38 (after line 28), after item 115, insert: 115A Subsection 38(1) Omit "that is undertaken in accordance with an RFA.", substitute "that: (a) is undertaken in accordance with an RFA; and (b) is completed prior to the sunset day.". 115B After subsection 38(1) Insert: Note: The effect of this subsection is that Part 3 will apply to an RFA forestry operation that commences on or after the sunset day. 115C Subsection 38(2) (before the note) Insert: sunset day means the day after the end of the period of 12 months beginning on 1 July 2026. 115D Subdivision B of Division 4 of Part 4 Repeal the Subdivision. 115E Section 42 Omit "Subdivisions A and B", substitute "Subdivision A". 115F At the end of section 42 Add: Note: The effect of this section is that Part 3 applies to an RFA forestry operation mentioned in this section irrespective of when the operation commences. 115G At the end of Subdivision C Add: 42A Meaning of forestry operations In this Subdivision: forestry operations means any of the following done for commercial purposes: (a) the planting of trees; (b) the managing of trees before they are harvested; (c) the harvesting of forest products; and includes any related land clearing, land preparation and regeneration (including burning) and transport operations.

For the purposes of paragraph (c), forest products means live or dead trees, ferns or shrubs, or parts thereof. (3) Schedule 1, page 70 (after line 25), after item 169, insert: 169A Subsection 75(2B) Omit all the words after "adverse impacts of", substitute "any RFA forestry operation to which, under Division 4 of Part 4, Part 3 does not apply.". (4) Schedule 1, Part 1, page 374 (after line 21), at the end of the Part, add: Regional Forest Agreements Act 2002 637A Section 4 (definition of RFA wood ) Repeal the definition, substitute: RFA wood has the meaning given by section 4A. 637B After section 4 Insert: 4A Meaning of RFA wood (1) RFA wood means processed or unprocessed wood (including woodchips) sourced from an RFA forestry operation undertaken by a person if the undertaking of the RFA forestry operation is not prohibited by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 because: (a) an approval of the undertaking of the RFA forestry operation by the person is in operation under Part 9 of that Act for the purposes of the provision; or (b) Part 4 of that Act lets the person undertake the RFA forestry operation without an approval under Part 9 for the purposes of the provision; or (c) both: (i) there is in force a decision of the Minister under Division 2 of Part 7 of that Act that the action is not a controlled action; and (ii) if the decision was made because the Minister believed that the action would be taken in a manner specified in the notice of the decision given under section 77 of that Act—the action is taken in this manner.

(2) However, RFA wood does not include wood sourced from a plantation in a State unless: (a) a code of practice for that State has been approved under rules made under section 432 of the Export Control Act 2020; and (b) that approval has not been revoked under those rules. 637C Subsection 6(4) Omit "that is undertaken in accordance with an RFA.", substitute "that: (a) is undertaken in accordance with an RFA; and (b) commences before the sunset day (within the meaning of section 38(2) of the Environment Protection and Biodiversity Conservation Act 1999).". _____ SHEET 3576 (1) Schedule 1, page 342 (after line 27), after item 587, insert: 587A Subsection 522A(2) Repeal the subsection, substitute: (2) A review under subsection (1) must be undertaken every 5 years starting on 1 July 2026. _____ SHEET 3577 (1) Schedule 1, item 85, page 16 (line 29), omit "not inconsistent", substitute "consistent".

(2) Schedule 1, item 85, page 16 (line 33), omit "not be inconsistent", substitute "be consistent". (3) Schedule 1, item 117, page 40 (line 5), omit "not inconsistent", substitute "consistent". (4) Schedule 1, item 117, page 40 (line 9), omit "not be inconsistent", substitute "be consistent".

(5) Schedule 1, item 118, page 44 (line 26), omit "not be inconsistent", substitute "be consistent". (6) Schedule 1, item 121, page 46 (line 14), omit "not be inconsistent", substitute "be consistent". (7) Schedule 1, item 121, page 48 (line 34), omit "not be inconsistent", substitute "be consistent".

(8) Schedule 1, item 237, page 99 (line 1), omit "not be inconsistent", substitute "be consistent". (9) Schedule 1, item 237, page 99 (line 3), omit "not be inconsistent", substitute "be consistent". (10) Schedule 1, item 237, page 99 (line 8), omit "not inconsistent", substitute "consistent".

(11) Schedule 1, item 241, page 103 (line 8), omit "not be inconsistent", substitute "be consistent". (12) Schedule 1, item 242, page 104 (table item 1, column headed "The decision the Minister is to make…"), omit "not be inconsistent", substitute "be consistent". (13) Schedule 1, item 247, page 106 (line 22), omit "not be inconsistent", substitute "be consistent".

(14) Schedule 1, item 283, page 128 (line 13), omit "No inconsistency", substitute "Consistency". (15) Schedule 1, item 283, page 128 (line 18), omit "not inconsistent", substitute "consistent". (16) Schedule 1, item 283, page 128 (lines 23 and 24), omit "not be inconsistent", substitute "be consistent".

(17) Schedule 1, item 320, page 157 (line 35), omit "not inconsistent", substitute "consistent". (18) Schedule 1, item 323, page 169 (line 13), before "The", insert "(1)". (19) Schedule 1, item 323, page 169 (line 19), omit "instrument;", substitute "instrument.".

(20) Schedule 1, item 323, page 169 (lines 20 and 21), omit paragraph 177AQ(d). (21) Schedule 1, item 323, page 169 (after line 21), at the end of section 177AQ, add: (2) The Minister must not make a bioregional plan unless the Minister is satisfied that making the bioregional plan would be consistent with any national environmental standards prescribed by the regulations for the purposes of this subsection.

(22) Schedule 1, item 323, page 171 (line 29), omit "not inconsistent", substitute "consistent". (23) Schedule 1, item 323, page 171 (line 31), omit "paragraph 177AQ(d)", substitute "subsection 177AQ(2)". (24) Schedule 1, item 323, page 222 (line 27), omit "not be inconsistent", substitute "be consistent".

(25) Schedule 1, item 431, page 249 (line 22), omit "not inconsistent", substitute "consistent". (26) Schedule 1, item 571, page 320 (after line 5), after paragraph 514YK(2)(a), insert: (ab) by the person being satisfied that the decision is consistent with the standard;

SourceSenate, Thursday 27 November 2025 — official recordTA-251127-senate-a96591c097d1:s178

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