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The CHAIR (19:10): I will now deal with Committee of the Whole amendments to the National Environment Protection Agency Bill 2025 circulated by the opposition. The question is that the amendments on sheets 3509 and 3512 be agreed to. Opposition's circulated amendments to the National Environmental Protection Agency Bill 2025— SHEET 3509 (1) Clause 4, page 3 (lines 1 to 6), omit the paragraph beginning "The Minister may give the CEO a statement of the Minister's expectations", substitute: The Minister must give the CEO the first statement of the Minister's expectations for the CEO and NEPA no later than 7 days after the commencement of this Act and may give subsequent statements of expectations to the CEO at any time afterwards.

The CEO must respond to a statement of expectations with a statement of intent. (2) Clase 14, page 9 (lines 18 to 22), omit the clause, substitute: 14 Independence of the CEO (1) The CEO has discretion in the performance or exercise of the CEO's functions or powers and is not subject to direction by any person (other than the Minister) in relation to the performance or exercise of those functions or powers.

(2) Subsection (1) applies subject to: (a) this Act, including (without limitation): (i) section 17A (about compliance with statements of expectation); and (ii) section 17C (about compliance with directions given by the Minister); and (b) any other Act. (3) To avoid doubt, nothing in subsection (1) affects the performance or exercise of a function or power by the CEO as a delegate of another person.

(3) Clause 15, page 10 (lines 4 to 6), omit the paragraph beginning "The Minister may give the CEO a statement of the Minister's expectations", substitute: The Minister must give the CEO the first statement of the Minister's expectations for the CEO and NEPA no later than 7 days after the commencement of this Act and may give subsequent statements of expectations to the CEO at any time afterwards.

The CEO must respond to a statement of expectations with a statement of intent. The Minister may also give the CEO directions about the performance of the CEO's functions and the exercise of the CEO's powers. The CEO must comply with these directions.

(4) Clause 16, page 11 (lines 7 and 8), omit subclause (2), substitute: (2) The Minister must exercise the power conferred by subsection (1) to give the CEO a first statement of expectations no later than 7 days after the commencement of this Act. (5) Clause 17, page 11 (after line 22), after subclause (1), insert: (1A) A statement of intent must set out how the CEO intends to perform the CEO's functions and exercise the CEO's powers in a way that meets the Minister's expectations as set out in the statement of expectations.

(6) Page 12 (after line 1), at the end of Division 2 of Part 3, add: 17A Compliance by the CEO with statement of expectations The CEO must, so far as possible, perform the CEO's functions and exercise the CEO's powers in a way that meets the Minister's expectations as set out in any statement of expectations in force at the time of the performance of those functions or exercise of those powers.

(7) Page 12 (after line 1), after Division 2 of Part 3, insert: Division 2A — Ministerial directions 17B Minister may give the CEO directions (1) The Minister may give the CEO written directions in relation to the performance of the CEO's functions or the exercise of the CEO's powers. (2) A direction under this section must be of a general nature only. (3) A direction under this section is not a legislative instrument. 17C Compliance by the CEO with directions The CEO must comply with any directions given by the Minister under section 17B.

(8) Clause 45, page 24 (line 28), omit "once", substitute "twice". (9) Clause 45, page 25 (line 2), omit "5 years", substitute "3 years". (10) Clause 45, page 25 (after line 2), at the end of the clause, add: Reappointment requirements (6) A person must not be reappointed as the CEO unless the Minister is satisfied that the person's performance as the CEO has been satisfactory having regard to a report given to the Minister under section 45A.

Note: This is in addition to the matters the Minister must be satisfied of in subsection (2) of this section. (11) Page 25 (after line 2), after clause 45, insert: 45A Reappointment report (1) Before a person is reappointed as the CEO, the Minister must cause an independent review of the person's performance as the CEO to be conducted. (2) Without limiting subsection (1), the review must consider: (a) whether, and to what extent, the person met, during the person's appointment as the CEO, the expectations set out in any statement of expectations; and (b) the person's compliance, during the person's appointment as the CEO, with any directions given by the Minister under section 17B.

(3) The person or persons who conduct the review must give the Minister a written report of the review for the purposes of subsection 45(6). (12) Clause 52, page 27 (line 10), at the end of the clause, add: ; or (g) if the Minister is satisfied of any of the following: (i) that the performance of the CEO has been unsatisfactory for a significant period; (ii) that the CEO has failed, to a significant extent, to meet the Minister's expectations as set out in a statement of expectations; (iii) that the CEO has failed, without reasonable excuse, to comply with a direction given by the Minister under section 17B. _____ SHEET 3512 (1) Clause 61, page 33 (lines 2 to 4), omit subclause (1), substitute: Requirement to conduct reviews (1) The Auditor-General must conduct reviews of the administration of NEPA in accordance with this section.

(2) Clause 61, page 33 (line 15), omit paragraph (2)(c), substitute: (c) any other matters the Minister requests the Auditor-General to consider in conducting the review. (3) Clause 61, page 33 (after line 15), after subclause (2), insert: (2A) For the purposes of paragraph (2)(c), the Minister may request the Auditor-General to consider a matter in conducting a review.

Notice of review commencement (2B) Before commencing a review, the Auditor-General must give the Minister written notice of the review. (4) Clause 61, page 33 (line 17), omit "5 years", substitute "12 months". (5) Clause 61, page 33 (after line 18), after subclause (3), insert: (3A) The second review must be completed within 3 years after the commencement of this section.

(3B) The third review must be completed within 5 years after the commencement of this section. (6) Clause 61, page 33 (line 21), omit "subsections (3) and (4)", substitute "subsections (3) to (4)". (7) Clause 61, page 33 (line 25), omit "The person or persons who conduct a review", substitute "The Auditor-General".