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
Senator TYRRELL (Tasmania—Independent TAS Whip) (19:01): by leave—Can I record my opposition to 3539? The CHAIR: So recorded. The question now is that amendments on sheets 3540, 3542 and 3543 be agreed to.
Senator David Pocock's circulated amendments to the Environment Protection Reform Bill 2025 — SHEET 3540 (1) Schedule 1, page 7 (after line 10), after item 19, insert: 19A After section 18A Insert: 18B High-risk land clearing (1) This section sets out certain actions that are, for the purposes of this Act, taken to have a significant impact on listed threatened species and listed threatened ecological communities.
High-risk land clearing — listed threatened species (2) A high-risk land clearing in relation to a listed threatened species is an action in relation to which all of the following conditions are satisfied: (a) the action involves clearing, destroying or damaging one or more areas of native vegetation; (b) the area is, or the areas together are, greater than or equal to 20 hectares; (c) the area contains one or more kinds of vegetation covered by subsection (8); (d) the listed threatened species has, at any time since 1 January 1975, existed in a subregion (within the meaning of the Interim Biogeographic Regionalisation for Australia), all or part of which is contained in the area or areas.
Note: The Interim Biogeographic Regionalisation for Australia could in 2025 be accessed on the Department's website. Deemed significant impact on listed threatened species (3) For the purposes of this Act, a high-risk land clearing in relation to a listed threatened species is taken to have or be likely to have a significant impact on the species. High-risk land clearing — listed threatened ecological communities (4) A high-risk land clearing in relation to a listed threatened ecological community in the critically endangered category is an action in relation to which all of the following conditions are satisfied: (a) the action involves clearing, destroying or damaging one or more areas of native vegetation; (b) the area is, or the areas together are, greater than or equal to 0.01 hectares; (c) the area or areas contains all or part of the ecological community.
(5) A high-risk land clearing in relation to a listed threatened ecological community in the endangered category is an action in relation to which all of the following conditions are satisfied: (a) the action involves clearing, destroying or damaging one or more areas of native vegetation; (b) the area is, or the areas together are, greater than or equal to 1 hectare; (c) the area or areas contains all or part of the ecological community.
Deemed significant impact on listed threatened ecological communities (6) For the purposes of this Act, a high-risk land clearing in relation to a listed threatened ecological community in the critically endangered category or in the endangered category is taken to have or be likely to have a significant impact on the community. Actions that are not high-risk land clearings (7) Despite subsections (2), (4) and (5), none of the following actions are a high-risk land clearing in relation to a listed threatened species or a listed threatened ecological community: (a) an action that involves clearing, destroying or damaging an area or areas of native vegetation if, before the commencement of this Act, native vegetation in the area or areas had been lawfully cleared, destroyed or damaged; (b) an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; (c) an action taken for the sole purpose of responding to, or reducing the risk of, bushfires; (d) an action that involves the maintenance of: (i) a road, track or fence so long as the road, track or fence existed on 1 November 2025 and no part of the area or areas cleared, destroyed or damaged is more than 6 metres wide; or (ii) infrastructure that provides water, power or communications so long as the infrastructure existed on 1 November 2025.
(8) This subsection covers the following kinds of vegetation: (a) rainforests and vine thickets; (b) eucalypt tall open forests; (c) eucalypt open forests; (d) eucalypt low open forests; (e) eucalypt woodlands; (f) acacia forests and woodlands; (g) callitris forests and woodlands; (h) casuarina forests and woodlands; (i) melaleuca forests and woodlands; (j) other forests and woodlands; (k) eucalypt open woodlands; (l) tropical eucalypt woodlands/grasslands; (m) acacia open woodlands; (n) mallee woodlands and shrublands; (o) low closed forests and tall closed shrublands; (p) acacia shrublands; (q) other shrublands; (r) heathlands; (s) tussock grasslands; (t) hummock grasslands; (u) other grasslands, herblands, sedgelands and rushlands; (v) chenopod shrublands, samphire shrublands and forblands; (w) mangroves; (x) inland aquatic—freshwater, salt lakes, lagoons; (y) other open woodlands; (z) mallee open woodlands and sparse mallee shrublands.
(2) Schedule 1, item 85, page 20 (after line 20), after section 33C, insert: 33D Accreditation must not result in approval of high-risk land clearing The Minister may accredit a management or authorisation framework under subsection 33(2) for the purposes of a declaration only if the Minister is satisfied the framework will not result in the approval of an action consisting of or involving high-risk land clearing in relation to a listed threatened species or a listed threatened ecological community.
(3) Schedule 1, page 38 (after line 28), after item 115, insert: 115A Divisions 4 and 6 of Part 4 Repeal the Divisions. (4) Schedule 1, item 117, page 44 (after line 15), after section 46C, insert: 46D Agreement must not result in approval of high-risk land clearing The Minister may accredit a management or authorisation framework under section 46 for the purposes of a bilateral agreement only if the Minister is satisfied the framework will not result in the approval of an action consisting of or involving high-risk land clearing in relation to a listed threatened species or a listed threatened ecological community.
(5) Schedule 1, item 237, page 100 (after line 27), after section 136B, insert: 136BA Action must not involve high-risk land clearing (1) The Minister must not approve the taking of an action that consists of or involves high-risk land clearing in relation to a listed threatened species or a listed threatened ecological community if the native vegetation to be cleared, destroyed or damaged is: (a) remnant or mature regrowth; and (b) part of an ecosystem type of which, compared to a level of that ecosystem type before the year 1750, more than 80 per cent of the ecosystem type has been cleared, destroyed or damaged.
(2) Despite subsection (1), the Minister may approve the taking of an action if: (a) the action is a national interest proposal; and (b) the Minister is satisfied that so far as the taking of the action will have or be likely to have a significant impact on the listed threatened species or the listed threatened ecological community, those impacts are reasonably necessary for the taking of the action to result, or be likely to result, in the intended outcome for the national interest proposal; and (c) the Minister is satisfied that, so far as the taking of the action will have or be likely to have a residual significant impact on the listed threatened species or the listed threatened ecological community, requiring the approval to pass the net gain test in relation to that impact on that matter would prevent or be likely to prevent the intended outcome for the national interest proposal.
(3) For the purposes of subsection (2): (a) in determining whether the Minister is satisfied as mentioned in paragraph (2)(b), the Minister must take into account: (i) alternative actions; and (ii) the extent to which any damage caused by the impacts could be reasonably mitigated or repaired without changing whether the taking of the action would be likely to result in the intended outcome; and (iii) the extent to which any conditions to be attached to the approval would assist in mitigating or repairing such damage; and (b) in determining whether the Minister is satisfied as mentioned in paragraph (2)(c), the Minister must take into account the reasons why the approval would not pass the net gain test in relation to the residual significant impact on the protected matter.
(6) Schedule 1, item 323, page 169 (after line 3), after paragraph 177AP(e), insert: (ea) that the bioregional plan will, or will be likely to, result in the taking of an action consisting of or involving high-risk land clearing in relation to a listed threatened species or a listed threatened ecological community; (7) Schedule 1, item 612, page 364 (after line 21), after the definition of greenhouse gas emissions information, insert: high-risk land clearing: see section 18B. _____ SHEET 3542 (1) Schedule 1, item 223, page 95 (lines 3 to 15), omit subsection 133(7B).
(2) Schedule 1, item 291, page 139 (lines 23 to 35), omit subsection 157D(2). (3) Schedule 1, item 291, page 141 (lines 10 to 22), omit subsection 157F(2). (4) Schedule 1, item 292, page 145 (line 33) to page 146 (line 11), omit subsection 157N(2).
(5) Schedule 1, item 292, page 148 (lines 20 to 32), omit subsection 157R(2). (6) Schedule 1, item 323, page 195 (lines 22 to 34), omit subsection 177BW(3). (7) Schedule 1, item 323, page 196 (line 25) to page 197 (line 2), omit subsection 177BX(4).
(8) Schedule 1, item 432, page 258 (line 30) to page 259 (line 8), omit subsection 302F(2). (9) Schedule 1, item 432, page 261 (lines 19 to 31), omit subsection 302J(2). _____ SHEET 3543 (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 an approval of an action requiring payment of a restoration contribution charge in relation to a residual significant impact of the action on a matter protected by a provision of Part 3 for which the approval has effect if the Restoration Contribution Holder has advised that it is not likely that restoration actions directed towards protecting, conserving or restoring the affected matter in the bioregion where the affected matter is located can be delivered and will result in a net gain.
(3AE) Despite paragraphs (1)(b) and (2)(b), the Minister must not attach a condition to an approval of an action requiring payment of a restoration contribution charge in relation to a residual significant impact of the action on a matter protected by a provision of Part 3 for which the approval has effect if the matter is on the excluded matters list. (3AF) Despite paragraphs (1)(b) and (2)(b), the Minister must not attach a condition to an approval of an action requiring payment of a restoration contribution charge in relation to a residual significant impact of the action on a matter protected by a provision of Part 3 for which the approval has effect if the matter is covered by subsection (3AG).
(3AG) The Scientific Committee may, by written instrument published on the Department's website, determine that a matter protected by a provision of Part 3 is covered by this subsection. (3AH) An instrument made under subsection (3AG) is not a legislative instrument. (2) Schedule 1, item 230, page 97 (after line 27), after subsection 134(3G), insert: Conditions requiring payment of restoration contribution charge (3H) In deciding whether to attach a condition to an approval of an action requiring payment of restoration contribution charge, the Minister must: (a) consider whether it is feasible to instead attach a condition requiring the holder of the approval holder to instead deliver restoration action to compensate for the damage that may or will be caused by the action; and (b) if the Minister considers that that is feasible to do so—attach such a condition.
(3J) In deciding whether to attach a condition to an approval of an action requiring payment of a restoration contribution charge in relation to a residual significant impact of the action on a matter protected by a provision of Part 3 for which the approval has effect, the Minister must seek advice from the Restoration Contribution Holder on whether it is likely that restoration actions directed towards protecting, conserving or restoring the affected matter in the bioregion where the affected matter is located can be delivered, and will result in a net gain.
(3) Schedule 1, page 97 (after line 27), after item 230, insert: 230A After section 134 Insert: 134AA Excluded matters list (1) The Restoration Contributions Holder must: (a) develop a list of matters protected by a provision of Part 3 for which no general restoration actions are likely to be available due to the scarcity of the affected matter; and (b) make the list available for public inspection on the Department's website.
(2) The list is to be known as the excluded matters list. (4) Schedule 1, item 323, page 212 (after line 32), after paragraph 177CP(1)(f), insert: (fa) to provide advice for the purposes of subsection 134(3J); and (fb) to maintain the excluded matters list; and (5) Schedule 1, item 612, page 364 (after line 11), after the definition of environment protection order in section 528, insert: excluded matters list: see subsection 134AA(2).