NATURE POSITIVE (ENVIRONMENT LAW AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2024

2022-2023-2024

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Nature Positive (Environment Law

Amendments and Transitional

Provisions) Bill 2024

No. , 2024

(Climate Change, Energy, the Environment and Water)

A Bill for an Act to amend laws relating to the

environment and to provide for transitional

matters relating to Environment Protection

Australia and the Head of Environment

Information Australia, and for related purposes

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Schedules ........................................................................................... 3

Schedule 1

Transitional provisions for the Nature Positive

(Environment Protection Australia) Act 2024

Part 1

Preliminary

Part 2

Transitional provisions relating to the establishment of

Environment Protection Australia

Part 3

Other transitional provisions

Part 4

Transitional rules

Schedule 2

Amendment of the Environment Protection and

Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation Act 1999

Schedule 3

Amendment of the Environment Protection (Sea

Dumping) Act 1981

Part 1

Main amendments

Environment Protection (Sea Dumping) Act 1981

Part 2

Contingent amendments

Environment Protection (Sea Dumping) Act 1981

Schedule 4

Amendment of the Hazardous Waste (Regulation

of Exports and Imports) Act 1989

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Schedule 5

Amendment of the Ozone Protection and

Synthetic Greenhouse Gas (Import Levy) Act

1995

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act

1995

Schedule 6

Amendment of the Ozone Protection and

Synthetic Greenhouse Gas Management Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Schedule 7

Amendment of the Ozone Protection and

Synthetic Greenhouse Gas (Manufacture Levy)

Act 1995

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)

Act 1995

Schedule 8

Amendment of the Product Emissions Standards

Act 2017

Product Emissions Standards Act 2017

Schedule 9

Amendment of the Recycling and Waste

Reduction Act 2020

Recycling and Waste Reduction Act 2020

Schedule 10

Amendment of the Underwater Cultural

Heritage Act 2018

Underwater Cultural Heritage Act 2018

Schedule 11

Amendments relating to compliance and

enforcement

Part 1

Audits and environment protection orders

Division 1

Amendments

Environment Protection and Biodiversity Conservation Act 1999

Division 2

Application and transitional provisions

101

Part 2

Amendments relating to penalties

103

Division 1

Amendments relating to criminal penalties

103

Environment Protection and Biodiversity Conservation Act 1999

103

Division 2

Amendments relating to civil penalties

103

Environment Protection and Biodiversity Conservation Act 1999

103

Division 3

Application of amendments

110

Schedule 12

Amendments relating to stopping the clock

111

Part 1

Main amendments

111

Environment Protection and Biodiversity Conservation Act 1999

111

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

iii

Part 2

Application provision

115

Schedule 13

Transitional and consequential provisions

relating to the Head of Environment Information

Australia

116

Part 1

Transitional provisions

116

Part 2

Consequential amendments

118

Environment Protection and Biodiversity Conservation Act 1999

118

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

A Bill for an Act to amend laws relating to the

environment and to provide for transitional

matters relating to Environment Protection

Australia and the Head of Environment

Information Australia, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Nature Positive (Environment Law Amendments

and Transitional Provisions) Act 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere

covered by this

table

The day after this Act receives the Royal

Assent.

2. Schedules 1

and 2

At the same time as the

Nature Positive

(Environment Protection Australia) Act

2024

commences.

However, the provisions do not commence

at all if that Act does not commence.

3. Schedule 3,

Part 1

At the same time as the

Nature Positive

(Environment Protection Australia) Act

2024

commences.

However, the provisions do not commence

at all if that Act does not commence.

4. Schedule 3,

item 29

The later of:

(a) the commencement of the

Nature

Positive (Environment Protection

Australia) Act 2024

; and

(b) immediately after the commencement of

item 3 of Schedule 1 to the

Environment

Protection (Sea Dumping) Amendment

(Using New Technologies to Fight

Climate Change) Act 2023

However, the provisions do not commence

at all unless both of the events mentioned in

paragraphs (a) and (b) occur.

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

5. Schedule 3,

item 30

The later of:

(a) the commencement of the

Nature

Positive (Environment Protection

Australia) Act 2024

; and

(b) immediately after the commencement of

item 35 of Schedule 1 to the

Environment Protection (Sea Dumping)

Amendment (Using New Technologies to

Fight Climate Change) Act 2023

However, the provisions do not commence

at all unless both of the events mentioned in

paragraphs (a) and (b) occur.

6. Schedules 4 to

At the same time as the

Nature Positive

(Environment Protection Australia) Act

2024

commences.

However, the provisions do not commence

at all if that Act does not commence.

7. Schedules 11

and 12

The day after this Act receives the Royal

Assent.

8. Schedule 13

At the same time as the

Nature Positive

(Environment Information Australia) Act

2024

commences.

However, the provisions do not commence

at all if that Act does not commence.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Transitional provisions for the Nature Positive (Environment Protection Australia) Act

2024

Schedule 1

Preliminary

Part 1

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Schedule

1--Transitional provisions for the

Nature Positive (Environment

Protection Australia) Act 2024

Part

1--Preliminary

1 Definitions

(1)

In this Schedule:

applies

, in relation to an enterprise agreement, has the same meaning as

in the

Fair Work Act 2009

covers

, in relation to an enterprise agreement, has the same meaning as

in the

Fair Work Act 2009

DCCEEW Enterprise Agreement

means the

Department of Climate

Change, Energy, the Environment and Water Enterprise Agreement

2024-2027

approved by the Fair Work Commission, as in operation

immediately before the transition time.

designated person

means:

(a) the Minister; or

(b) the Secretary of the Department; or

Schedule 1 to the

Environment Protection and Biodiversity

Conservation Act 1999

as in force immediately before the

transition time).

environmental law

means:

(a) the

Environment Protection and Biodiversity Conservation

Act 1999

; or

(b) the

Environment Protection (Sea Dumping) Act 1981

; or

Hazardous Waste (Regulation of Exports and Imports)

Act 1989

; or

(d) the

Ozone Protection and Synthetic Greenhouse Gas (Import

Levy) Act 1995

; or

(e) the

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

; or

(f) the

Ozone Protection and Synthetic Greenhouse Gas

(Manufacture Levy) Act 1995

; or

Schedule 1

Transitional provisions for the Nature Positive (Environment Protection

Australia) Act 2024

Part 1

Preliminary

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

(g) the

Product Emissions Standards Act 2017

; or

(h) the

Recycling and Waste Reduction Act 2020

; or

(i) the

Underwater Cultural Heritage Act 2018

; or

(j) the Regulatory Powers Act to the extent that it applies in

relation to an Act mentioned in any of paragraphs (a) to (i).

transferred

: a

transferred

function, power or duty is a function, power

or duty that:

(a) immediately before the transition time, was conferred or

imposed on one or more persons under an environmental law,

or under a legislative instrument made under an

environmental law, as in force before the transition time; but

(b) immediately after the transition time, is conferred or imposed

by the environmental law, or by the legislative instrument, on

the CEO instead, or the CEO and one or more of those

persons.

transition time

means the commencement of this item.

(2)

An expression used in this Schedule that is defined for the purposes of

the

Nature Positive (Environment Protection Australia) Act 2024

has

the same meaning in this Schedule as it has in that Act.

Transitional provisions for the Nature Positive (Environment Protection Australia) Act

2024

Schedule 1

Transitional provisions relating to the establishment of Environment Protection

Australia

Part 2

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Part

2--Transitional provisions relating to the

establishment of Environment Protection

Australia

2 Transfer of documents and records to EPA

(1)

This item applies to a document or record if:

(a) immediately before the transition time, the document or

record was in the possession of the Department; and

(b) the document or record was:

(i) given to or received by the Department; or

(ii) brought into existence;

for the purposes of the performance of a transferred function

or a transferred duty or the exercise of a transferred power.

(2)

The documents and records are to be transferred to EPA after the

transition time.

(3)

For the purposes of the definitions of

protected information

and

relevant information

in section 5 of the

Nature Positive (Environment

Protection Australia) Act 2024

, any document or record that is

transferred under subitem (2) of this item is taken to be information

obtained by an entrusted person under, or in accordance with, that Act.

3 DCCEEW Enterprise Agreement

(1)

From the transition time, the DCCEEW Enterprise Agreement:

(a) continues to cover and apply to APS employees who:

(i) it covered and applied to immediately before the

transition time; and

(ii) at the transition time, are APS employees in EPA; and

(b) covers and applies to APS employees in EPA at the

classification levels covered by the DCCEEW Enterprise

Agreement whose employment in EPA commences at or

after the transition time; and

the meaning of the

Public Service Act 1999

) of

the APS

employees in EPA; and

Schedule 1

Transitional provisions for the Nature Positive (Environment Protection

Australia) Act 2024

Part 2

Transitional provisions relating to the establishment of Environment Protection

Australia

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

(d) has effect in relation to EPA, at and after the transition time,

as if:

(i) a reference to the Secretary of the Department were a

reference to the CEO; and

(ii) a reference to the Department were a reference to EPA.

(2)

Subitem (1) does not:

(a) prevent the variation or termination of the DCCEEW

Enterprise Agreement, as it covers and applies to APS

employees in EPA and the CEO, in accordance with law; or

(b) prevent the terms and conditions of employment of APS

employees in EPA from being varied at or after the transition

time:

(i) in accordance with those terms and conditions; or

(ii) by or under a law; or

Fair Work Act 2009

Note:

Section 58 of the

Fair Work Act 2009

deals with the interaction between one or more

enterprise agreements.

Transitional provisions for the Nature Positive (Environment Protection Australia) Act

2024

Schedule 1

Other transitional provisions

Part 3

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Part

3--Other transitional provisions

4 First review of the

Nature Positive (Environment Protection

Australia) Act 2024

For the purposes of the first review conducted under section 60 of the

Nature Positive (Environment Protection Australia) Act 2024

, the

reference in subsection 60(2) of that Act to the period since the previous

review was completed is taken to be a reference to the period since that

Act commenced.

5 Things done by or in relation to designated person

(1)

This item applies if:

(a) at a time (the

initial time

) before the transition time, a thing

was done by, or in relation to, a designated person under an

environmental law; and

(b) immediately after the transition time, the environmental law

provides for that thing to be done by, or in relation to, the

CEO instead of the designated person because of

amendments made by any of Schedules 2 to 10 of this Act.

(2)

The thing has effect, and may be dealt with, after the transition time as

if it had been done at the initial time by or in relation to the CEO, under

the environmental law as in force immediately after the transition time.

6 References in permit conditions, instruments etc. to

designated person

(1)

This item applies if:

(a) because of item 5, any of the following things have effect

after the transition time as if the thing had been done by the

CEO:

(i) a permit, licence or other authorisation (however

described) issued by a designated person;

(ii) an instrument (other than a legislative instrument) made

by a designated person;

(iii) an agreement entered into by a designated person; and

(b) a condition of the permit, licence or other authorisation, or a

provision of the instrument or agreement, refers to a thing

Schedule 1

Transitional provisions for the Nature Positive (Environment Protection

Australia) Act 2024

Part 3

Other transitional provisions

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

that may or must be done by, or in relation to, the designated

person.

(2)

From the transition time, the provision has effect as if the reference

were to the thing being done by or in relation to the CEO.

7 Amendments relating to disclosure of information

The following provisions, as in force from the transition time, apply to

the disclosure of information from the transition time, whether the

information was obtained before, at or after that time:

(a) section 519A of the

Environment Protection and Biodiversity

Conservation Act 1999

;

(b) section 39A of the

Environment Protection (Sea Dumping)

Act 1981

;

Product Emissions Standards Act

2017

;

(d) section 54A of the

Underwater Cultural Heritage Act 2018

8 Pending proceedings

(1)

This item applies if:

(a) immediately before the transition time, a designated person is

a party to proceedings instituted by, or against, the designated

person under an environmental law in any court or tribunal;

and

(b) immediately after the transition time, those kinds of

proceedings may be instituted by, or against, the CEO instead

of the designated person under the environmental law

because of amendments made by any of Schedules 2 to 10 of

this Act.

(2)

The CEO is, from the transition time, substituted for the designated

person as a party to the proceedings.

9 Application of certain exceptions for notifying actions

under the

Environment Protection and Biodiversity

Conservation Act 1999

(1)

This item applies in relation to an action, whether taken before or after

the transition time, if:

Transitional provisions for the Nature Positive (Environment Protection Australia) Act

2024

Schedule 1

Other transitional provisions

Part 3

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

(a) the action is in a class of actions specified in an agreement or

arrangement between the Secretary and a Commonwealth

agency, or an agency of a State or self-governing Territory;

and

(b) the agreement or arrangement provides the class of actions is

to be notified to the Secretary by the agency; and

transition time.

(2)

Paragraphs 199(4)(b), 214(4)(b), 232(4)(b) and 256(4)(b) of the

Environment Protection and Biodiversity Conservation Act 1999

have

effect after the transition time in relation to the action as if the

agreement or arrangement provided that the class of actions were to be

notified to the CEO by the agency.

10 Retention of seized things

(1)

This item applies in relation to a thing, whether seized before or after

the transition time, if:

(a) the Minister or Secretary is authorised by a law, or an order

of a court, of the Commonwealth or of a State or Territory to

retain, destroy, dispose of or otherwise deal with a thing; and

(b) the law or court order was in force immediately before the

transition time.

(2)

The following provisions have effect after the transition time in relation

to the thing as if the law or court order also authorised the CEO to

retain, destroy, dispose of or otherwise deal with the thing:

(a) the following provisions of the

Environment Protection and

Biodiversity Conservation Act 1999

(i) paragraph 438(4)(c);

(ii) paragraph 444G(4)(c);

(iii) paragraph 446(1C)(d);

(iv) paragraph 456AB(4)(d);

(v) paragraph 456AC(4)(c);

(b) paragraph 66(3)(c) of the

Regulatory Powers (Standard

Provisions) Act 2014

Schedule 1

Transitional provisions for the Nature Positive (Environment Protection

Australia) Act 2024

Part 4

Transitional rules

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

Part

4--Transitional rules

11 Transitional rules

(1)

The Minister may, by legislative instrument, make rules prescribing

matters of a transitional nature (including prescribing any saving or

application provisions) relating to:

(a) the amendments or repeals made by Schedules 2 to 12 of this

Act; or

(b) the enactment of this Act or the

Nature Positive

(Environment Protection Australia) Act 2024

; or

applies in relation to the EPA in accordance with Part 2 of

this Schedule.

(2)

The rules may modify the effect of Part 3 of this Schedule in relation to

a specified matter or thing. However, any rules that do so must be made

before the end of the period of 12 months beginning on the day this item

commences.

(3)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund;

(e) directly amend the text of this Act or the

Nature Positive

(Environment Protection Australia) Act 2024

(4)

This Act (other than subitem (3) of this item) does not limit the rules

that may be made for the purposes of subitem (1) of this item.

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

Schedule 2

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Schedule

2--Amendment of the Environment

Protection and Biodiversity

Conservation Act 1999

Environment Protection and Biodiversity Conservation Act

1999

1 Subsection 25B(1)

Omit "Minister", substitute "CEO".

2 Subsection 25B(2)

Omit "Minister" (wherever occurring), substitute "CEO".

3 Subsection 25B(4)

Omit "Minister", substitute "CEO".

4 Subsection 25B(5)

Omit "Minister" (wherever occurring), substitute "CEO".

5 Section 25C

Omit "Minister", substitute "CEO".

6 Subsection 25D(4)

Omit "Minister", substitute "CEO".

7 Subsections 25E(1) and (2)

Omit "Minister",

substitute "CEO".

8 Subsections 25F(1) and (2)

Omit "Minister", substitute "CEO".

9 Subsection 74(3) (note)

Repeal the note.

Schedule 2

Amendment of the Environment Protection and Biodiversity Conservation

Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

10 Subsection 199(2)

Omit "Secretary", substitute "CEO".

11 Paragraph 199(4)(a)

Omit "Secretary", substitute "CEO".

12 Subparagraph 199(4)(b)(i)

Repeal the subparagraph, substitute:

(i) that is specified in an agreement or arrangement

between the Secretary, or CEO, and a Commonwealth

agency or an agency of a State or self-governing

Territory; and

13 Subparagraph 199(4)(b)(ii)

Omit "Secretary", substitute "CEO".

14 Subsection 200(1)

Omit "Minister", substitute "CEO".

15 Subsection 200(3)

Omit "Minister" (first occurring), substitute "CEO".

16 Subsection 200(3)

Omit "the internet", substitute "EPA's website".

17 Paragraph 200(3)(b)

Omit "Minister", substitute "CEO".

18 Subsection 200(3) (note)

Repeal the note.

19 Section 201 (heading)

Omit "

Minister

", substitute "

CEO

20 Subsections 201(1), (3) and (3A)

Omit "Minister", substitute "CEO".

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

Schedule 2

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

21 Subsection 201(5)

Omit "Minister" (wherever occurring), substitute "CEO".

22 Subsection 202(2)

Omit "Minister", substitute "CEO".

23 Subsection 204(6)

Omit "Minister", substitute "CEO".

24 Section 205

Omit "Minister", substitute "CEO".

25 Section 206

Omit "Minister", substitute "CEO".

26 Subsection 206A(2)

Omit "by the Minister", substitute "by the CEO".

27 Subsection 206A(2)

Omit "of the Minister", substitute "of the CEO under

section 58 of the

Nature Positive (Environment Protection Australia) Act 2024

28 Subsection 214(2)

Omi

t "Secretary", substitute "CEO".

29 Paragraph 214(4)(a)

Omit "Secretary", substitute "CEO".

30 Subparagraph 214(4)(b)(i)

Repeal the subparagraph, substitute:

(i) that is specified in an agreement or arrangement

between the Secretary, or CEO, and a Commonwealth

agency or an agency of a State or self-governing

Territory; and

31 Subparagraph 214(4)(b)(ii)

Omit "Secretary", substitute "CEO".

Schedule 2

Amendment of the Environment Protection and Biodiversity Conservation

Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

32 Subsection 215(1)

Omit "Minister", substitute "CEO".

33 Subsection 215(3)

Omit "Minister" (first occurring), substitute "CEO".

34 Subsection 215(3)

Omit "the internet", substitute "EPA's website".

35 Paragraph 215(3)(b)

Omit "Minister", substitute "CEO".

36 Subsection 215(3) (note)

Repeal the note.

37 Section 216 (heading)

Omit "

Minister

", substitute "

CEO

38 Subsections 216(1) and (3)

Omit "Minister", substitute "CEO".

39 Subsection 216(4)

Omit "Minister" (wherever occurring), substitute "CEO".

40 Subsection 217(2)

Omit "Minister", substitute "CEO".

41 Subsection 219(6)

Omit "Minister", substitute "CEO".

42 Section 220

Omit "Minister", substitute "CEO".

43 Section 221

Omit "Minister", substitute "CEO".

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

Schedule 2

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

44 Subsection 221A(2)

Omit "by the Minister", substitute "by the CEO".

45 Subsection 221A(2)

Omit "of the Minister", substitute "of the CEO under

section 58 of the

Nature Positive (Environment Protection Australia) Act 2024

46 Subsection 232(2)

Omit "Secretary", substitute "CEO".

47 Paragraph 232(4)(a)

Omit "Secretary", substitute "CEO".

48 Subparagraph 232(4)(b)(i)

Repeal the subparagraph, substitute:

(i) that is specified in an agreement or arrangement

between the Secretary, or CEO, and a Commonwealth

agency or an agency of a State or self-governing

Territory; and

49 Subparagraph 232(4)(b)(ii)

Omit "Secretary", substitute "CEO".

50 Subsection 237(1)

Omit "Minister", substitute "CEO".

51 Subsection 237(3)

Omit "Minister" (first occurring), substitute "CEO".

52 Subsection 237(3)

Omit "the internet", substitute "EPA's website".

53 Paragraph 237(3)(b)

Omit "Minister", substitute "CEO".

54 Subsection 237(3) (note)

Repeal the note.

Schedule 2

Amendment of the Environment Protection and Biodiversity Conservation

Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

55 Section 238 (heading)

Omit "

Minister

", substitute "

CEO

56 Subsections 238(1), (3) and (3AA)

Omit "Minister", substitute "CEO".

57 Subsection 238(3A)

Omit "Minister" (wherever occurring), substitute "CEO".

58 Subsection 238(4)

Omit "Minister", substitute "CEO".

59 Subsection 239(2)

Omit "Minister", substitute "CEO".

60 Subsection 241(6)

Omit "Minister", substitute "CEO".

61 Section 242

Omit "Minister", substitute "CEO".

62 Section 243

Omit "Minister", substitute "CEO".

63 Subsection 243A(2)

Omit "by the Minister", substitute "by the CEO".

64 Subsection 243A(2)

Omit "of the Minister", substitute "of the CEO under

section 58 of the

Nature Positive (Environment Protection Australia) Act 2024

65 Subsection 256(2)

Omit "Secretary", substitute "CEO".

66 Paragraph 256(4)(a)

Omit "Secretary", substitute "CEO".

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

Schedule 2

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

67 Subparagraph 256(4)(b)(i)

Repeal the subparagraph, substitute:

(i) that is specified in an agreement or arrangement

between the Secretary, or CEO, and a Commonwealth

agency or an agency of a State or self-governing

Territory; and

68 Subparagraph 256(4)(b)(ii)

Omit "Secretary", substitute "CEO".

69 Subsection 257(1)

Omit "Minister", substitute "CEO".

70 Subsection 257(3)

Omit "Minister" (first occurring), substitute "CEO".

71 Subsection 257(3)

Omit "the internet", substitute "EPA's website".

72 Paragraph 257(3)(b)

Omit "Minister", substitute "CEO".

73 Subsection 257(3) (note)

Repeal the note.

74 Section 258 (heading)

Omit "

Minister

", substitute "

CEO

75 Subsections 258(1) and (3)

Omit "Minister", substitute "CEO".

76 Subsection 258(4)

Omit "Minister" (wherever occurring), substitute "CEO".

77 Subsection 259(2)

Omit "Minister", substitute "CEO".

Schedule 2

Amendment of the Environment Protection and Biodiversity Conservation

Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

78 Subsection 261(6)

Omit "Minister", substitute "CEO".

79 Section 262

Omit "Minister", substitute "CEO".

80 Section 263

Omit "Minister", substitute "CEO".

81 Subsection 263A(2)

Omit "by the Minister", substitute "by the CEO".

82 Subsection 263A(2)

Omit "of the Minister", substitute "of the CEO under

section 58 of the

Nature Positive (Environment Protection Australia) Act 2024

83 Section 391 (heading)

After "

Minister

", insert "

and CEO

84 Subsection 391(1) (heading)

Omit "

Taking

", substitute "

Minister to take

85 After subsection 391(1)

Insert:

CEO to take account of precautionary principle

(1A) The CEO must take account of the precautionary principle in

making a decision listed in the table in subsection (4), to the extent

the CEO can do so consistently with the other provisions of this

Act.

86 Subsection 391(3) (at the end of the heading)

Add "

by Minister

87 Subsection 391(3) (table heading)

After "

considered

", insert "

by Minister

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

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Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

88 Subsection 391(3) (table items 3 to 6)

Repeal the items.

89 At the end of section 391

Add:

Decisions in which precautionary principle must be considered by

CEO

(4) The decisions are:

Decisions in which precautionary principle must be considered by CEO

Item

Section decision is made under

Nature of decision

201

whether or not to grant a permit

216

whether or not to grant a permit

238

whether or not to grant a permit

258

whether or not to grant a permit

90 Section 396

Omit "Minister" (wherever occurring), substitute "CEO".

91 Subsection 398(1)

Omit "The Minister", substitute "The CEO".

92 Subsections 398(3) and (4) and 399(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

93 Subsection 438(3)

Omit "Secretary", substitute "CEO".

94 Paragraphs 438(4)(b) and (c)

Omit "Secretary", substitute "CEO".

95 Subsections 444C(1) and (4)

Omit

"Secretary" (wherever occurring), substitute "CEO".

Schedule 2

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Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

96 Subsections 444E(1) and 444G(3)

Omit "Secretary", substitute "CEO".

97 Paragraphs 444G(4)(b) and (c)

Omit "Secretary", substitute "CEO".

98 Subsection 446(1B)

Omit "Secretary", substitute "CEO".

99 Paragraphs 446(1C)(c) and (d)

Omit "Secretary", substitute "CEO".

100 Subsections 449(1) to (3)

Omit "Secretary" (wherever occurring), substitute "CEO".

101 Section 449A (heading)

Omit "

Secretary

", substitute "

CEO

102 Subparagraphs 449A(1)(b)(i) to (iii)

Omit "Secretary", substitute "CEO".

103 Subsections 449A(2), 449BA(1), 450A(1) and (2), 450B(2),

451(2) to (4) and 452(1)

Omit "Secretary" (wherever occurring), substitute "CEO".

104 Section 453

Omit "Secretary", substitute "CEO".

105 Subsections 454(5) and 456AB(3)

Omit "Secretary", substitute "CEO".

106 Paragraphs 456AB(4)(c) and (d)

Omit "Secretary", substitute "CEO".

107 Subsection 456AC(3)

Omit "Secretary", substitute "CEO".

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

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Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

108 Paragraphs 456AC(4)(b) and (c)

Omit "Secretary", substitute "CEO".

109 Subsection 458(1)

Omit "Minister", substitute "CEO".

110 Paragraphs 458(2)(b), (3)(b) and (4)(c) and 459(2)(b)

Omit "Minister", substitute "CEO".

111 Subsections 459(3) and 461(2)

Omit "Minister" (wherever occurring), substitute "CEO".

112 Paragraph 461(3)(a)

Omit "Minister", substitute "CEO".

113 Subsection 462(1)

Omit "Minister", substitute "CEO".

114 Section 462A

Omit "Minister" (wherever occurring), substitute "CEO".

115 Subsections 462D(1) and 462G(1)

Omit "Minister", substitute "CEO".

116 Subsections 462G(2) and (3)

Omit "Minister" (wherever occurring), substitute "CEO".

117 Section 474A (heading)

Omit "

Minister

", substitute "CEO".

118 Subsection 474A(1)

Omit "Minister" (wherever occurring), substitute "CEO".

119 Subsection 474A(3)

Omit "Minister", substitute "CEO".

Schedule 2

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Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

120 Paragraph 474A(4)(b)

Omit "Minister", substitute "CEO".

121 Subsections 474A(6) and (7)

Omit "Minister", substitute "CEO".

122 Subparagraph 474B(1)(e)(ii)

Omit "Minister", substitute "CEO".

123 Paragraphs 474B(2)(a) and 474C(2)(b)

Omit "Minister", substitute "CEO".

124 Subsection 474D(1)

Omit "Minister", substitute "CEO".

125 Subsection 474D(2)

Omit "Minister" (wherever occurring), substitute "CEO".

126 Section 474G

Omit "Minister", substitute "CEO".

127 Paragraph 475(1)(a)

Repeal the paragraph, substitute:

(a) the CEO; or

(aa) if the conduct relates to a Commonwealth reserve or a

conservation zone

the Director; or

128 Subsection 476(1)

Repeal the subsection (not including the note), substitute:

Applications for injunctions

(1) If a person bound by a conservation agreement engages or

proposes to engage in conduct consisting of an act or omission that

constitutes a contravention of the agreement, any of the following

persons may apply to the Federal Court for an injunction:

(a) another person bound by the agreement;

(b) the CEO;

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

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Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

conservation zone

the Director.

129 Subsection 480A(5)

Repeal the subsection, substitute:

(5) Application to the Federal Court for a remediation order may be

made by:

(a) the CEO personally; or

(b) if the contravention relates to a Commonwealth reserve or a

conservation zone

the Director personally.

130 Section 480B

Omit "Minister", substitute "

CEO or Director (whichever applied for

the remediation order under subsection 480A

(5))".

131 Division 14B of Part 17 (heading)

Omit "

Minister's

", substitute "

CEO's

132 Section 480D (heading)

Omit "

Minister

", substitute "

CEO

133 Subsections 480D(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

134 Paragraphs 480E(2)(e) and (i)

Omit "Minister" (wherever occurring), substitute "CEO".

135 Subsections 480F(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

136 Section 480G

Omit "Minister", substitute "CEO".

137 Paragraph 480H(2)(b)

Omit "Minister", substitute "CEO".

Schedule 2

Amendment of the Environment Protection and Biodiversity Conservation

Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

138 Section 480J (heading)

Omit "

Ministerial

", substitute "

CEO's

139 Subsections 480J(1) to (4)

Omit "Minister" (wherever occurring), substitute "CEO".

140 Paragraphs 480J(4)(a) and (b)

Omit "Minister's", substitute "CEO's".

141 Paragraph 480K(1)(c)

Omit "Minister", substitute "CEO".

142 Subsections 480L(1) and 480N(1)

Omit "Minister" (wherever occurring), substitute "CEO".

143 Subsection 481(1)

Repeal the subsection, substitute:

Application for order

(1) Within 6 years of a person (the

wrongdoer

) contravening a civil

penalty provision, either of the following persons may apply on

behalf of the Commonwealth to the Federal Court for an order that

the wrongdoer pay the Commonwealth a pecuniary penalty:

(a) the CEO;

(b) if the contravention relates to a Commonwealth reserve or a

conservation zone

the Director.

144 Subsections 486DA(1) to (3), 486DB(1) and 486E(1)

Omit "Minister" (wherever occurring), substitute "CEO".

145 Subsection 486E(2) (paragraph (a) of the definition of

official

)

Omit "Minister", substitute "CEO".

146 Subsection 486E(2) (paragraph (b) of the definition of

official

)

Repeal the paragraph, substitute:

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

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Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

(b) a member of the staff of EPA;

147 Section 486F (heading)

Omit "

Minister

", substitute "

CEO

148 Subsection 486F(1)

Omit "Minister", substitute "CEO".

149 Section 486G (heading)

Omit "

Minister

" (wherever occurring), substitute "

CEO

150 Subsection 486G(1)

Omit "Minister", substitute "CEO".

151 After subparagraph 491(1)(b)(iv)

Insert:

or (v) the CEO; or

(vi) a member of the staff of EPA; or

(vii) a person whose services are made available to EPA

under section 53 of the

Nature Positive (Environment

Protection Australia) Act 2024

;

152 Section 498 (heading)

Omit "

Minister

", substitute "

CEO

153 Subsection 498(1)

Omit "Minister", substitute "CEO".

154 Paragraph 498(2)(a)

Omit "Minister's", substitute "CEO's".

155 Subsection 499(1)

Omit "Minister", substitute "CEO".

156 Subsection 499(2)

Omit "Minister", substitute "CEO".

Schedule 2

Amendment of the Environment Protection and Biodiversity Conservation

Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

157 Paragraph 499(3)(b)

After "Minister", insert "or the CEO".

158 Subsection 499(4)

Omit "or the Minister", substitute ", the Minister or the CEO".

159 Subsection 505B(1)

Repeal the subsection, substitute:

(1) The Committee has the following functions:

(a) to advise the Minister on the operation of this Act;

(b) at the request of the CEO

to advise the CEO on matters

relating to the CEO's functions under this Act.

(1A)

In performing the Committee's functions, the Committee must

take

into account the significance of Indigenous peoples' knowledge of

the management of land and the conservation and sustainable use

of biodiversity.

160 Subsection 505B(2)

Omit "function", substitute "functions".

161 Paragraph 505D(2)(a)

Omit "that is".

162 At the end of subsection 505D(2)

Add:

; (c) at the request of the CEO

to provide scientific advice to the

CEO in relation to a matter protected by a provision of Part 3,

to the extent the matter relates to the CEO's functions under

this Act.

163 Subsections 514Y(1) and (2)

Repeal the subsections, substitute:

(1) This section applies if:

(a) a fee is worked out by a person to whom a function or power

is delegated under:

(i) section 515 or 515AAA of this Act; or

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

Schedule 2

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

(ii) for a fee in relation to a function or power of the CEO

under this Act

subsection 58(1) of the

Nature Positive

(Environment Protection Australia) Act 2024

; and

(b) a method prescribed by the regulations under

subsection 520(4C) of this Act has been used to work out the

fee; and

the method was used.

(2) The person may apply to the following persons for reconsideration

of the way the method was used to work out the fee:

(a) for a fee that relates to a function or power of the CEO under

this Act

the CEO;

(b) for all other fees

the Secretary.

164 Subsection 514YA(1)

Omit "Secretary", substitute "CEO or Secretary, as applicable,".

165 After subsection 514YA(1)

Insert:

(1A) The person who undertakes the reconsideration of a fee that relates

to a function or power of the CEO under this Act must be:

(a) the CEO; or

(b) a member of the staff of EPA who:

(i) was not involved in working out the fee; and

(ii) occupies a position that is senior to that occupied by any

person involved in working out the fee.

166 Subsection 514YA(2)

After "reconsideration", insert "of any other fee".

167 Subsection 514YA(3)

Omit "Secretary", substitute "CEO or Secretary, as applicable,".

168 Section 514YB

Omit "Secretary", substitute "CEO or Secretary, as applicable,".

Schedule 2

Amendment of the Environment Protection and Biodiversity Conservation

Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

169 Section 515 (heading)

After "

Delegation

", insert "

to officer or employee in the Department,

Director or other person

170 After section 515

Insert:

515AAA Delegation to CEO or member of staff of EPA

(1) The Minister may, by signed instrument, delegate all or any of the

Minister's powers or functions under this Act to:

(a) the CEO; or

(b) a member of the staff of EPA.

Note:

A power or function delegated to the CEO or a member of staff cannot

be subdelegated by the CEO or staff member.

(2) The Secretary may, by signed instrument, delegate all or any of the

Secretary's powers or functions under this Act to:

(a) the CEO; or

(b) a member of the staff of EPA.

Note:

A power or function delegated to the CEO or a member of staff cannot

be subdelegated by the CEO or staff member.

(3) However, the Minister and Secretary must not delegate a power or

function under subsection (1) or (2), as applicable, to a member of

the staff of EPA unless the person:

(a) is an SES employee or acting SES employee; or

(b) holds, or is acting in, an Executive Level 1 or 2 position.

Note:

The expressions

SES employee

and

acting SES employee

are defined

in section 2B of the

Acts Interpretation Act 1901

171 Subsections 515AA(5) and 515AB(5)

fter "

section 5

15"

insert "or 515AAA".

172 Part 20A (heading)

Omit "

on the internet

173 Section 515A (heading)

Omit "

on the internet

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

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Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

174 Section 515A (after the heading)

Insert:

(1)

The CEO must, each week, publish on EPA's website a list of:

(a) all permits issued or granted by the CEO under sections 201,

216, 238 and 258 in the immediately preceding week; and

(b) for the immediately preceding week, all matters required by

this Act to be made available by the CEO to the public.

175 Section 515A

Before "Without", insert "(2)".

176 Paragraph 515A(a)

After "granted"

insert "by the Minister".

177 Paragraph 515A(b)

After "all"

insert "other".

178 Subsection 518(1)

Omit "or the Secretary", substitute ", the Secretary or the CEO".

179 After section 519

Insert:

519A Disclosure of information

(1) The Minister may disclose information obtained under this Act to:

(a) the CEO; or

(b) an agency, body or person prescribed by the regulations;

if the Minister reasonably believes that the information will enable

or assist the CEO, agency, body or person to perform its functions

or exercise its powers.

(2) This section does not limit any other powers the Minister has to

disclose information to a person.

180 Subsections 520(4A) and 521A(1)

Omit "or Secretary" (wherever occurring), substitute ", Secretary or

CEO".

Schedule 2

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Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

181 Section 528

Insert:

CEO

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

This is a reference to the CEO of EPA.

EPA

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

EPA is short for Environment Protection Australia.

staff of EPA

means the staff of EPA referred to in section 52 of the

Nature Positive (Environment Protection Australia) Act 2024

182 Clause 3 of Schedule 1 (heading)

Omit "

Minister

", substitute "

CEO

183 Subclause 3(1) of Schedule 1

Omit "Minister", substitute "CEO".

184 Subclauses 4(1) and (2) of Schedule 1

Omit "Minister", substitute "CEO".

185 Clause 6 of Schedule 1 (heading)

Omit "

Secretary

", substitute "

CEO

186 Subclause 6(1) of Schedule 1

Omit "Secretary", substitute "CEO".

187 Subclause 7(3) of Schedule 1 (heading)

Omit "

Secretary

", substitute "

CEO

188 Subclause 7(3) of Schedule 1

Omit "Secretary", substitute "CEO".

189 Paragraph 11(1)(d) of Schedule 1

Omit "Minister", substitute "CEO".

Amendment of the Environment Protection and Biodiversity Conservation Act 1999

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Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

190 Subclause 11(3) of Schedule 1

Omit "Minister", substitute "CEO".

191 Subparagraph 17(3)(c)(i) of Schedule 1

Omit "the Secretary, the Director, the Chief Executive Officer of the

Great Barrier Reef Marine Park Authority or an SES Band 3 employee

in the Department", substitute "the CEO, the Director or the Chief

Executive Officer of the Great Barrier Reef Marine Park Authority".

192 Subclause 17(13) of Schedule 1

Repeal the subclause (not including the note).

193 Subclause 27(1) of Schedule 1

Omit "Secretary", substitute "CEO".

194 Subclause 32(9) of Schedule 1 (definition of

senior

authorising officer

)

Omit "Secretary" (wherever occurring), substitute "CEO".

195 Paragraph 38(3)(b) of Schedule 1

Omit "the Secretary, the Director, the Chief Executive Officer of the

Great Barrier Reef Marine Park Authority or an SES Band 3 employee

in the Department", substitute "the CEO, the Director or the Chief

Executive Officer of the Great Bar

rier Reef Marine Park Authority".

196 Subclause 38(4) of Schedule 1

Omit "Secretary, Director, Chief Executive Officer or SES Band 3

employee", substitute "CEO, Director or Chief Executive Officer of the

Great Barrier Reef Marine Park Authority".

197 Subclause 38(11) of Schedule 1

Repeal the subclause (not including the note), substitute:

Definitions

(11) In this clause:

senior authorising officer

means an authorised officer, or

detention officer, who has been authorised, or is included in a class

Schedule 2

Amendment of the Environment Protection and Biodiversity Conservation

Act 1999

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

of authorised officers or detention officers who have been

authorised, by the CEO to perform the functions of a senior

authorising officer under this clause.

198 Subclauses 41(1), (2) and (3) of Schedule 1

Omit "Secretary", substitute "CEO".

199 Subclauses 52(1), (2) and (3) of Schedule 1

Omit "Secretary", substitute "CEO".

200 Paragraph 53(2)(g) of Schedule 1

After "the Department", insert "or EPA".

201 Subclauses 54(1) and (2) of Schedule 1

Omit "Secretary", substitute "CEO".

Amendment of the Environment Protection (Sea Dumping) Act 1981

Schedule 3

Main amendments

Part 1

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Schedule

3--Amendment of the Environment

Protection (Sea Dumping) Act 1981

Part

1--Main amendments

Environment Protection (Sea Dumping) Act 1981

1 Subsection 4(1)

Insert:

CEO

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

This is a reference to the CEO of Environment Protection Australia.

2 Subsection 4B(2)

Omit "The Minister", substitute "The CEO".

3 Paragraph 4B(2)(a)

Omit "issuing", substitute "the issue of".

4 Subsection 4C(1)

Omit "The Minister", substitute "The CEO".

5 Paragraph 4C(1)(a)

Omit "issuing", substitute "the issue of".

6 Subsection 16(1)

Repeal the subsection, substitute:

(1) If the Minister considers that a regulated occurrence is likely to

result in an interference with the exercise of the sovereign rights of

Australia as a coastal State:

(a) to explore the seabed and subsoil beneath Australian waters;

and

(b) to exploit the natural resources of the seabed and subsoil

beneath Australian waters;

Schedule 3

Amendment of the Environment Protection (Sea Dumping) Act 1981

Part 1

Main amendments

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

the Minister may arrange for any steps to be taken that the Minister

considers proper to repair or remedy any condition, or to mitigate

any damage, arising from the occurrence.

(1A) If the CEO considers that a regulated occurrence is likely to:

(a) cause an obstruction, or constitute a danger, to vessels; or

(b) result in harm to human or marine life;

the CEO may arrange for any steps to be taken that the CEO

considers proper to repair or remedy any condition, or to mitigate

any damage, arising from the occurrence.

7 Paragraph 17(1)(b)

Omit "Minister has exercised his or her", substitute "Minister or CEO

has exercised the Minister's or CEO's".

8 Subsection 17(2)

Omit "Minister of his or her", substitute "Minister or CEO of the

Minister's or CEO's".

9 Subsection 17(3)

After "Minister", insert "or CEO, as applicable".

10 Section 18

Omit "Minister" (wherever occurring), substitute "CEO".

11 Subsections 19(1) and (2)

Omit "Minister", substitute "CEO".

12 Subsection 19(3)

Omit "Minister

must grant

substitute "CEO

must grant

13 Paragraph 19(3)(a)

Omit "Minister", substitute "CEO".

14 Subsections 19(4) and (7)

Omit "Minister", substitute "CEO".

Amendment of the Environment Protection (Sea Dumping) Act 1981

Schedule 3

Main amendments

Part 1

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

15 Subsection 19(7)

Omit "Minister's", substitute "CEO's".

16 Subsections 19(8A) and (9), 20(1) and 21(1)

Omit "Minister" (wherever occurring), substitute "CEO".

17 Section 23 (heading)

Omit "

Minister

", substitute "

CEO

18 Section 23

Omit "Minister" (wherever occurring), substitute "CEO".

19 Subsection 24(1)

Omit "Minister", substitute "CEO".

20 Paragraphs 24(2)(a) and (b)

Omit "Minister", substitute "CEO".

21 Section 25

Repeal the section.

22 Section 26

Omit "Minister", substitute "CEO".

23 Section 28

Omit "Minister" (wherever occurring), substitute "CEO".

24 Subsection 38(4)

Omit "Minister", substitute "CEO".

25 At the end of section 38

Add:

(5) The CEO must not give a certificate stating a matter specified in

paragraph (4)(g) unless the CEO has first consulted the Minister

about that matter.

Schedule 3

Amendment of the Environment Protection (Sea Dumping) Act 1981

Part 1

Main amendments

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

26 Subsection 39(1)

Omit "Minister", substitute "CEO".

27 After section 39

Insert:

39A Disclosure of information

(1) The Minister may disclose information obtained under this Act to:

(a) the CEO; or

(b) an agency, body or person prescribed by the regulations;

if the Minister reasonably believes that the information will enable

or assist the agency, body or person to perform its functions or

exercise its powers.

(2) This section does not limit any other powers the Minister has to

disclose information to a person.

28 Subsections 40(3) and (4)

Omit "Minister" (wherever occurring), substitute "CEO".

Amendment of the Environment Protection (Sea Dumping) Act 1981

Schedule 3

Contingent amendments

Part 2

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Part

2--Contingent amendments

Environment Protection (Sea Dumping) Act 1981

29 Subsection 19(7B)

Omit "Minister" (wherever occurring), substitute "CEO".

30 Subsection 19(7C)

Omit "Minister" (wherever occurring), substitute "CEO".

Schedule 4

Amendment of the Hazardous Waste (Regulation of Exports and Imports)

Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

Schedule

4--Amendment of the Hazardous

Waste (Regulation of Exports and

Imports) Act 1989

Hazardous Waste (Regulation of Exports and Imports) Act

1989

1 Section 4

Insert:

CEO

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

This is a reference to the CEO of EPA.

EPA

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

EPA is short for Environment Protection Australia.

2 Subsections 4A(2), (3) and (5) to (7) and 4B(3), (5) and (6)

Omit "Minister" (wherever occurring), substitute "CEO".

3 Paragraphs 7(1)(a) and (2)(a)

Omit "Minister", substitute "CEO".

4 Subsection 12(1)

Omit "Minister", substitute "CEO".

5 Paragraph 12(2)(a)

Omit "Minister", substitute "CEO".

6 Subsection 13(1)

Omit "Minister", substitute "CEO".

7 Paragraph 13(2)(a)

Omit "Minister", substitute "CEO".

Amendment of the Hazardous Waste (Regulation of Exports and Imports) Act 1989

Schedule 4

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

8 Subsection 13A(1)

Omit "Minister", substitute "CEO".

9 Paragraph 13A(2)(a)

Omit "Minister", substitute "CEO".

10 Subsections 13B(2), (3) and (5)

Omit "Minister" (wherever occurring), substitute

"CEO".

11 Paragraphs 13D(1)(b) to (d)

Omit "Minister", substitute "CEO".

12 Subsections 13E(1), (3) and (5)

Omit "Minister" (wherever occurring), substitute "CEO".

13 Sections 13F and 14

Omit "Minister" (wherever occurring), substitute "CEO".

14 Section 15 (heading)

Omit "

Minister

", substitute "

CEO

15 Sections 15 to 16B

Omit "Minister" (wherever occurring), substitute "CEO".

16 Sections 16D to 17A, 18A and 18B

Omit "Minister" (wherever occurring), substitute "CEO".

17 Subsections 19(1) and (2), 19A(1), 20(3), 21(3), 21A(2) and

22(1) to (2A)

Omit "Minister" (wherever occurring), substitute "CEO".

18 Paragraphs 22(2C)(a) and (b)

Omit "Minister", substitute "CEO".

19 Subsection 24(1)

Omit "Minister" (wherever occurring), substitute "CEO".

Schedule 4

Amendment of the Hazardous Waste (Regulation of Exports and Imports)

Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

20 Section 24A

Omit "Minister" (wherever occurring), substitute "CEO".

21 Subsection 24B(1)

Omit "Minister" (wherever occurring), substitute "CEO".

22 Paragraphs 25(1)(a) and (b)

Omit "Minister", substitute "CEO".

23 Section 26

Omit "Minister" (wherever occurring), substitute "CEO".

24 Section 26A (heading)

Omit "

Minister

", substitute "

CEO

25 Sections 26A and 26B

Omit "Minister" (wherever occurring), substitute "CEO".

26 Subsection 26C(1)

Omit "Minister", substitute "CEO".

27 Paragraph 26C(2)(d)

Omit "Minister", substitute "CEO".

28 Section 26D

Omit "Minister" (wherever occurring), substitute "CEO".

29 Sections 26F and 26G

Omit "Minister" (wherever occurring), substitute "CEO".

30 Subdivision D of Division 4 of Part 2 (heading)

Omit "

Minister's

", substitute "

CEO's

31 Section 26H (heading)

Omit "

Minister's

", substitute "

CEO's

Amendment of the Hazardous Waste (Regulation of Exports and Imports) Act 1989

Schedule 4

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

32 Sections 26H and 26J

Omit "Minister" (wherever occurring), substitute "CEO".

33 Subsections 26K(1), 32(1) to (3) and (5) and 32A(2)

Omit "Minister" (wherever occurring), substitute "CEO".

34 Section 33 (heading)

Omit "

Department's

", substitute "

EPA's

35 Subsection 33(1)

Omit "Minister must cause to be published on the Department's",

substitute "CEO must publish on EPA's".

36 Paragraph 33(1)(a)

Omit "Minister", substitute "CEO".

37 Subsections 33(2), (2A) and (3)

Omit "Minister", substitute "CEO".

38 Subsection 33(4)

Repeal the subsection.

39 Subsections 33G(1) to (3)

Omit "Minister" (wherever occurring), substitute "CEO".

40 Subsection 33G(3)

Omit "the Department's", substitute "EPA's".

41 Subsection 33G(4)

Omit "Minister" (wherever occurring), substitute "CEO".

42 Part 3 (heading)

Omit "

Ministerial orders

", substitute "

Orders

43 Division 1 of Part 3 (heading)

Omit "

Ministerial orders

", substitute "

Orders

Schedule 4

Amendment of the Hazardous Waste (Regulation of Exports and Imports)

Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

44 Subsections 34(1), (3) and (4), 35(1), (3) and (4) and 35A(1),

(3) and (4)

Omit "Minister", substitute "CEO".

45 Sections 36, 38 and 38A

Omit "Minister" (wherever occurring), substitute "CEO".

46 Section 38B (heading)

Omit "

Minister

", substitute "

CEO

47 Section 38B

Omit "Minister" (wherever occurring), substitute "CEO".

48 Paragraph 38H(1)(a)

Omit "Minister", substitute "CEO".

49 Subsection 41B(1)

Omit "Minister", substitute "CEO".

50 Paragraph 41B(2)(a)

Omit "Minister", substitute "CEO".

51 Subsection 41B(3) (heading)

Omit "

Minister

", substitute "

CEO

52 Subsection 41B(3)

Omit "Minister", substitute "CEO".

53 Subsection 41B(4) (heading)

Omit "

Minister

", substitute "

CEO

54 Subsection 41B(4)

Omit "Minister" (wherever occurring), substitute "CEO".

55 Subsection 41B(5) (heading)

Omit "

Minister

", substitute "

CEO

Amendment of the Hazardous Waste (Regulation of Exports and Imports) Act 1989

Schedule 4

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

56 Subsection 41B(5)

Omit "Minister" (wherever occurring), substitute "CEO".

57 Subsection 41B(6) (heading)

Omit "

Minister

", substitute "

CEO

58 Subsection 41B(6)

Omit "Minister" (wherever occurring), substitute "CEO".

59 Subsection 41C(3)

Omit "Minister" (wherever occurring), substitute "CEO".

60 Subsection 41C(5)

Omit "Minister" (wherever occurring), substitute "CEO".

61 Subsection 41C(6)

Omit "Minister", substitute "CEO".

62 Subsection 41E(1)

Omit "Secretary" (wherever occurring), substitute "CEO".

63 Subsection 42(1)

Omit "Minister", substitute "CEO".

64 Paragraphs 42(3)(b) and (d)

Omit "whom a Minister of the Crown of the State, or Minister of the

Territory, has agreed may be a

ppointed as inspectors".

65 At the end of section 42

Add:

(4) The CEO must not appoint an officer or employee of a State or

Territory, or a member of the police force of a State or Territory, as

an inspector unless the appointment is in accordance with an

arrangement made by the CEO with the appropriate Minister of

that State or Territory.

Schedule 4

Amendment of the Hazardous Waste (Regulation of Exports and Imports)

Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

66 Paragraphs 43(3)(d) and 45(2)(d)

Omit "Secretary", substitute "CEO".

67 Subsection 50(1)

Omit "Secretary", substitute "CEO".

68 Paragraph 50(2)(d)

Omit "Minister"

(wherever occurring), substitute "CEO".

69 Section 51

Omit "Secretary", substitute "CEO".

70 Section 51 (note)

Omit "Secretary" (wherever occurring), substitute "CEO".

71 Subsections 53(1), 56AA(2), 56AB(3) and 56AC(2)

Omit "Secretary", substitute "CEO".

72 Paragraph 56AD(2)(a)

Omit "Secretary", substitute "CEO".

73 At the end of section 58D

Add:

; (e) the CEO.

74 Paragraph 59A(1)(b)

Omit "Minister", substitute "CEO".

75 Section 60A

Repeal the section.

Amendment of the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act

1995

Schedule 5

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Schedule

5--Amendment of the Ozone

Protection and Synthetic Greenhouse

Gas (Import Levy) Act 1995

Ozone Protection and Synthetic Greenhouse Gas (Import

Levy) Act 1995

1 Subsections 3A(9) and (11)

Omit "Minister" (wherever occurring), substitute "CEO".

2 Subsections 3A(12) and (13)

Repeal the subsections.

Schedule 6

Amendment of the Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

Schedule

6--Amendment of the Ozone

Protection and Synthetic Greenhouse

Gas Management Act 1989

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

1 Section 3

A (paragraph beginning "There are certain")

Omit "Minister", substitute "CEO".

2 Section 7

Insert:

CEO

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

This is a reference to the CEO of Environment Protection Australia.

3 Section 7 (paragraph (c) of the definition of

inspector

)

Omit "Secretary", substitute "CEO".

4 Section 7

Insert:

reviewer

has the meaning given by section 65X.

5 Section

12A (paragraphs beginning "There are certain" and

"The Minister")

Omit "Minister" (wherever occurring), substitute "CEO".

6 Paragraphs 13AB(2)(a) and (b)

Omit "Minister", substitute "CEO".

7 Subsections 13B(1) and (2) and 14(1)

Omit "Minister" (wherever occurring), substitute "CEO".

Amendment of the Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Schedule 6

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

8 Paragraph 14(2)(b)

Omit "Minister", substitute "CEO".

9 Section 15

Omit "Minister" (wherever occurring), substitute "CEO".

10 Subsection 16(1) (heading)

Omit "

Minister

", substitute "

CEO

11 Subsections 16(1) and (3A) to (6A) and 17(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

12 Paragraph 17(3)(b)

Omit "Minister", substitute "CEO".

13 Subsection 18(1) (table items 1, 4 and 8, column 2)

Omit "Minister", substitute "CEO".

14 Subsections 18(4), (6) and (8) and 19AA(1)

Omit "Minister" (wherever occurring), substitute "CEO".

15 Paragraph 19AA(3)(c)

Omit "Minister", substitute "CEO".

16 Subsection 19AA(4)

Omit "Minister" (wherever occurring), substitute "CEO".

17 Section 19AB

Omit "Minister" (wherever occurring), substitute "CEO".

18 Subsections 19AC(1) and (3)

Omit "Minister", substitute "CEO".

19 Subsection 19AC(3)

Omit "Minister's",

substitute "CEO's".

Schedule 6

Amendment of the Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

20 Subsections 19AC(4) and (5)

Omit "Minister" (wherever occurring), substitute "CEO".

21 Section 19AD

Omit "Minister" (wherever occurring), substitute "CEO".

22 Paragraph 19AE(b)

Omit "Minister", substitute "CEO".

23 Subsection 19B(1)

Omit "Minister", substitute "CEO".

24 Paragraph 19B(2)(c)

Omit "Minister", substitute "CEO".

25 Subsections 19B(4), (6) and (8), 19C(1) and 19D(1) to (3)

and (5)

Omit "Minister", substitute "CEO".

26 Subsection 19D(6) (table items 1 and 3, column 2)

Omit "Minister", substitute "CEO".

27 Subsections 19D(7), 20(1) and (4) and 21(1)

Omit "Minister" (wherever occurring), substitute "CEO".

28 Section

22A (paragraph beginning "The Minister")

Omit "Minister", substitute "CEO".

29 Section 22A (paragraph

beginning "Sections

24")

Omit "Minister", substitute "CEO".

30 Paragraph 27(1)(b)

Omit "Minister", substitute "CEO".

31 Subsections 28(1) to (3) and (6) and 29(1) and (3)

Omit "Minister" (wherever occurring), substitute "CEO".

Amendment of the Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Schedule 6

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

32 Section 32

Omit "Minister", substitute "CEO".

33 Subsections 33(1) and (3)

Omit "Minister", substitute "CEO".

34 Paragraph 35(1)(b)

Omit "Minister", substitute "CEO".

35 Subsections 35(3) and 35A(1) and (1A)

Omit "Minister", substitute "CEO".

36 Section 36

Omit "Minister" (wherever occurring), substitute "CEO".

37 Paragraph 36C(1)(b)

Omit "Minister", substitute "CEO".

38 Subsection 36C(2)

After "Minister", insert "or the CEO".

39 Subsections 36F(1) and (4) and 36G(1)

Omit "Minister", substitute "CEO".

40 Paragraph 36G(2)(b)

Omit "Minister", substitute "CEO".

41 Subsections 36H(1) and (1A)

Omit "Minister", substitute "CEO".

42 Subsection 45A(3)

After "Minister", insert "or the CEO".

43 Subsections 46(1) and (1A) and 48(2)

Omit "Minister", substitute "CEO".

Schedule 6

Amendment of the Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

44 Section 48A

Omit "Secretary" (wherever occurring), substitute "CEO".

45 Subsections 49(1) and (2)

Omit "Secretary", substitute "CEO".

46 Subsection 49(2)

Omit "the Minister", substitute "the CEO".

47 Subsection 49(3)

Omit "Secretary"

(wherever occurring), substit

ute "CEO".

48 Subsection 49A(1)

Omit "Secretary", substitute "CEO".

49 Paragraphs 50(3)(e) and 52(2)(e)

Omit "Secretary", substitute "CEO".

50 Subsection 54(1)

Omit "Secretary", substitute "CEO".

51 Paragraph 54(3)(b)

Omit "Secretary", substitute "CEO"

52 Subsections 54(4) and 60(2)

Omit "Secretary", substitute "CEO".

53 Paragraphs 60(3)(b) and 60A(2)(e)

Omit "Secretary", substitute "CEO".

54 Subsection 61(1)

Omit "Minister", substitute "CEO".

55 Subsections 62(2), 63(3) and 64(2)

Omit "Secretary",

substitute "CEO".

Amendment of the Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Schedule 6

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

56 Subsection 64(4)

Repeal the subsection.

57 Subsection 64A(2)

Omit "Secretary", substitute "CEO".

58 Section 64B (heading)

Omit "

Secretary

", substitute "

CEO

59 Subsections 64B(1) and (2)

Omit "Secretary", substitute "CEO".

60 Section 65W

Omit "Minister" (wherever occurring), substitute "CEO".

61 Section 65X

Before "Each", insert "(1)".

62 Section 65X

Omit "Minister", substitute "CEO".

63 Paragraph 65X(d)

Repeal the paragraph.

64 At the end of section 65X

Add:

The CEO is the

reviewer

for the decision.

(2) A decision of the Minister under section 19A to terminate a licence

is also a

reviewable decision

. The Minister is the

reviewer

for the

decision.

65 Subsections 65Y(1) and 65Z(1)

Omit "Minister" (wherever occurring), substitute "reviewer".

66 Subparagraph 65Z(2)(b)(ii)

Omit "Minister", substitute "reviewer".

Schedule 6

Amendment of the Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

67 Subsections 65ZA(1) to (3) and 65ZB(1), (2) and (5)

Omit "Minister" (wherever occurring), substitute "reviewer".

68 Paragraph 65ZC(a)

Omit "Minister", substitute "reviewer".

69 Subsection 66A(1)

After "Minister", insert "or CEO".

70 Subsection 66A(1)

After "Act"

insert "that confers a power or function on the Minister or

CEO, as applicable".

71 Subsection 67A(2)

Omit "or 20".

72 Sections 67AA and 67B

Repeal the sections.

73 Paragraphs 69(1)(b) and (2)(b)

Omit "Minister", substitute "CEO".

Amendment of the Ozone Protection and Synthetic Greenhouse Gas (Manufacture

Levy) Act 1995

Schedule 7

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

Schedule

7--Amendment of the Ozone

Protection and Synthetic Greenhouse

Gas (Manufacture Levy) Act 1995

Ozone Protection and Synthetic Greenhouse Gas

(Manufacture Levy) Act 1995

1 Subsections 3A(7) to (9)

Omit "Minister" (wherever occurring), substitute "CEO".

2 Subsections 3A(10) and (11)

Repeal the subsections.

Schedule 8

Amendment of the Product Emissions Standards Act 2017

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

Schedule

8--Amendment of the Product

Emissions Standards Act 2017

Product Emissions Standards Act 2017

1 Subsection 7(1)

Insert:

CEO

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

This is a reference to the CEO of Environment Protection Australia.

2 Paragraphs 10(2)(a) and 11(2)(b)

Omit "Secretary", substitute "CEO".

3 Subsection 11(4)

Omit "Secretary", substitute "CEO".

4 Section

19 (paragraph beginning "Importers")

Omit "Secretary", substitute "CEO".

5 Section 21 (heading)

Omit "

Secretary

", substitute "

CEO

6 Subsection 21(1)

Omit "Secretary" (wherever occurring), substitute "CEO".

7 Paragraph 21(2)(a)

Omit "Secretary", substitute "CEO".

8 Subsections 21(3) and 22(2) and (3)

Omit "Secretary" (wherever occurring), substitute "CEO".

9 Paragraphs 22(5)(a) and (b)

Omit "Secretary", substitute "CEO".

Amendment of the Product Emissions Standards Act 2017

Schedule 8

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

10 Paragraphs 24(3)(e), 25(2)(e) and 27(2)(b)

Omit "Secretary", substitute "CEO".

11 Subsection 33(2)

Omit "Minister", substitute "CEO".

12 Paragraph 33(3)(b)

Omit "Minister", substitute "CEO".

13 Subsection 39(1)

Omit "Minister", substitute "CEO".

14 Subsections 41(1) to (3)

Omit "Secretary" (wherever occurring), substitute "CEO".

15 Section 42

Omit "Secretary" (wherever occurring), substitute "CEO".

16 Subsection 43(1)

Omit "Secretary"

(first occurring)

, substitute "Minister".

17 Paragraph 43(1)(a)

Repeal the paragraph, substitute:

(a) the CEO; or

18 Subsection 43(1)

Omit "Secretary" (second occurring), substitute "Minister".

19 Subsection 43(2)

Omit "Secretary", substitute "Minister".

20 Subsections 44(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

21 Section 46

Repeal the section.

Schedule 9

Amendment of the Recycling and Waste Reduction Act 2020

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

Schedule

9--Amendment of the Recycling and

Waste Reduction Act 2020

Recycling and Waste Reduction Act 2020

1 Section 4 (heading)

After "

Minister

", insert "

and CEO

2 Section 4

After "Minister", insert

"and CEO".

3 Section 5

(paragraphs beginning "Conditions" and "The

second")

Omit "Minister", substitute "CEO".

4 Section 5

(paragraph beginning "The Minister has")

Omit "has", substitute "and CEO have".

5 Section 5

(paragraph beginning "Certain")

After

"Minister", insert "or CEO,".

6 Section 10

Insert:

CEO

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

This is a reference to the CEO of EPA.

EPA

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

EPA is short for Environment Protection Australia.

reviewer

: see subsection 153(1).

7 Subsection 10 (definition of

Secretary

)

Repeal the definition.

Amendment of the Recycling and Waste Reduction Act 2020

Schedule 9

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

8 Section 12

Omit "Minister" (wherever occurring), substitute "CEO".

9 Section

16 (paragraphs beginning "The Minister may, on"

and "The holder")

Omit "Minister" (wherever occurring), substitute "CEO".

10 Section

16 (paragraph beginning "The Minister must

publish")

Repeal the paragraph, substitute:

The Minister must pu

blish certain information on the Department's

website about exemptions that have been granted.

The CEO must publish on EPA's website certain information about

export licences that have been granted.

The information includes the name of the holder, and the kind of

regulated waste material, covered by the exemption or licence.

The Minister and CEO must also prepare quarterly reports

containing the information.

11 Paragraph 18(2)(c)

After "Minister", insert "or CEO".

12 Paragraphs 19(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) for a declaration given as a condition of an exemption in

relation to regulated waste material:

(i) if the Minister has approved, in writing, a manner for

giving the declaration

be given in an approved

manner; and

(ii) if the Minister has approved a form for the

declaration

include the information required by the

form and be accompanied by any documents required

by the form; and

(b) for any other declaration:

Schedule 9

Amendment of the Recycling and Waste Reduction Act 2020

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

(i) if the CEO has approved, in writing, a manner for

giving the declaration

be given in an approved

manner; and

(ii) if the CEO has approved a form for the declaration

include the information required by the form and be

accompanied by any documents required by the form;

and

13 Subsection 19(3)

After "Minister", insert "or CEO".

14 Subsection 33(1)

Omit "Minister", substitute "CEO".

15 Section 34 (heading)

Omit "

Minister

", substitute "

CEO

16 Section 34

Omit "Minister" (wherever occurring), substitute "CEO".

17 Subsections 35(1) and (3)

Omit "Minister" (wherever occurring), substitute "CEO".

18 Paragraph 36(2)(i)

Omit "Minister", substitute "CEO".

19 Subsection 38(2)

Omit "Minister", substitute "CEO".

20 Paragraph 38(4)(b)

Omit "Minister", substitute "CEO".

21 Section 39 (heading)

Omit "

Minister

", substitute "

CEO

22 Subsection 39(1)

Omit "Minister" (wherever occurring), substitute "CEO".

Amendment of the Recycling and Waste Reduction Act 2020

Schedule 9

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

23 Subsection 39(3)

Omit "Minister" (wherever occurring), substitute "CEO".

24 Subsections 39(4) to (6)

Omit "Minister" (wherever occurring), substitute "CEO".

25 Section 40

Omit "Minister" (wherever occurring), substitute "CEO".

26 Section 41

Omit "Minister", substitute "CEO".

27 Subsections 42(1) and (3) to (6) and 43(1) and (3)

Omit "Minister" (wherever occurring), substitute "CEO".

28 Division 2 of Part 6 of Chapter 2 (heading)

Omit "

Minister

", substitute "

CEO

29 Section 44 (heading)

Omit "

Minister

", substitute "

CEO

30 Subsections 44(1) to (5) and 45(1)

Omit "Minister" (wherever occurring), substitute "CEO".

31 Paragraph 45(3)(a)

Omit "Minister", substitute "CEO".

32 Subsections 45(4) and 46(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

33 Paragraph 46(3)(c)

Omit "Minister", substitute "CEO".

34 Subsections 46(4) and 47(1)

Omit "Minister" (wherever occurring), substitute "CEO".

Schedule 9

Amendment of the Recycling and Waste Reduction Act 2020

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

35 Paragraph 47(2)(b)

Omit "Minister" (wherever occurring), substitute "CEO".

36 Subsection 47(3) (heading)

Omit "

Minister

", substitute "

CEO

37 Subsections 47(3) and (4) and 48(1)

Omit "Minister" (wherever occurring), substitute "CEO".

38 Paragraph 48(2)(a)

it "Minister", substitute "CEO".

39 Subsection 49(2)

Omit "Minister", substitute "CEO".

40 Subsection 49(2) (note)

Omit "Minister", substitute "CEO".

41 Section 50

Omit "Minister", substitute "CEO".

42 Subsections 53(1), (3) and (4)

Omit "Minister" (wherever occurring), substitute "CEO".

43 Division 2 of Part 8 of Chapter 2 (heading)

Omit "

Minister

", substitute "

CEO

44 Subsections 54(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

45 Paragraph 54(3)(b)

Omit "Minister", substitute

"CEO".

46 Subsections 54(4) and 55(1)

Omit "Minister" (wherever occurring), substitute "CEO".

Amendment of the Recycling and Waste Reduction Act 2020

Schedule 9

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

47 Subsection 55(2) (heading)

Omit "

Minister

", substitute "

CEO

48 Subsections 55(2) and (3) and 56(1)

Omit "Minister" (wherever occurring), substitute "CEO"

49 Paragraph 56(2)(a)

Omit "Minister", substitute "CEO".

50 Section 58 (heading)

Omit "

Minister

", substitute "

CEO

51 Subsection 58(2)

Omit "Minister", substitute "CEO".

52 Paragraph 60(1)(a)

Omit "Minister", substitute "CEO".

53 Subsection 60(2)

mit "Minister", substitute "CEO".

54 Paragraph 60(3)(a)

Omit "Minister", substitute "CEO".

55 Section 61 (heading)

Omit "

Minister

", substitute "

CEO

56 Subsection 61(1)

Omit "Minister", substitute "CEO".

57 Paragraph 61(2)(a)

Omit "Minister", substitute "CEO".

58 Section 63 (heading)

Omit "

Minister's

", substitute "

CEO's

Schedule 9

Amendment of the Recycling and Waste Reduction Act 2020

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

59 Subsections 63(1) and (2)

Omit "Minister", substitute "CEO".

60 Paragraph 63(3)(b)

Omit "Minister", substitute "CEO".

61 Section 64 (heading)

Omit "

Minister

", substitute "

CEO

62 Subsection 64(1)

Omit "Minister", substitute "CEO".

63 Paragraphs 64(2)(a) and (b)

Omit "Minister", substitute "CEO".

64 Subsection 64(3)

Omit "Minister", substitute "CEO".

65 Subsection 65(1)

Omit "and export licence".

66 Subsection 65(1)

Omit "or 4".

67 Paragraphs 65(1)(a) to (d)

Omit "or licence".

68 Subsection 65(2)

Repeal the subsection, substitute:

(2)

The CEO must publish on EPA's website the following

information in relation to each export licence granted by the CEO

under Part 4:

(a) the name of the holder of the licence;

(b) each kind of regulated waste material covered by the licence;

(d) whether the licence remains in force for a specified period or

until a specified event occurs.

Amendment of the Recycling and Waste Reduction Act 2020

Schedule 9

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

(3) However, the Minister or CEO must not publish any information

under subsection (1) or (2) if the Minister or CEO, as applicable, is

satisfied that:

(a) there is a risk that publishing the information might

substantially prejudice the commercial interests of a person;

and

(b) publishing the information is not in the public interest.

69 Section 65A (heading)

Repeal the heading, substitute:

65A Quarterly reports by Minister

70 Subsection 65A(1)

Omit "and export licences".

71 Paragraph 65A(3)(a)

Omit "or export licence".

72 Subsection 65A(4) (note)

Omit "or export licences".

73 Subsection 65A(4) (note)

Omit "65(2)", substitute "65(3)".

74 At the end of Part 10 of Chapter 2

Add:

65B Quarterly reports by CEO

(1) The CEO must prepare a report in relation to export licences for

each quarter of each financial year.

(2) The CEO must do so as soon as practicable after the end of each

quarter of each financial year.

(3) The report must contain:

(a) the information set out in paragraphs 65(2)(a) to (d) for each

export licence granted during that quarter; and

Schedule 9

Amendment of the Recycling and Waste Reduction Act 2020

Nature Positive (Environment Law Amendments and Transitional

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(b) the information (if any) prescribed by the rules.

(4) However, the CEO must not publish any information in the report

if the CEO must not publish that information under section 65.

Note:

In some circumstances, the CEO must not publish information about

export licences on EPA's website (see

subsection 65(3)).

(5)

The CEO must publish a copy of the report on EPA's website.

75 Section

66 (paragraph beginning "Under co

regulatory")

Omit "Minister", substitute "CEO".

76 Section

66 (paragraph beginning "The Minister must

publish")

Omit "and approved co

regulatory arrangement".

77 Section

66 (after the paragraph beginning "The Minister

must publish")

Insert:

The CEO must publish on EPA's website specified inform

ation

about every approved co-regulatory arrangement.

78 Subsection 76(4) (heading)

Omit "

Minister

", substitute "

CEO

79 Subsections 76(4), (6), (8) and (9) and 77(5)

Omit "Minister" (wherever occurring), substitute "CEO".

80 Section 78

Omit "Minister"

(wherever occurring)

, substitute "CEO".

81 Subsection 80(2) (note)

Omit "Minister", substitute "CEO".

82 Subsection 81(1) (notes 1 and 2)

Omit "Minister", substitute "CEO".

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83 Section 82 (heading)

Omit "

Minister

", substitute "

CEO

84 Subsection 82(1)

Omit "Minister", substitute "CEO".

85 Paragraph 82(2)(a)

Omit "Minister", substitute "CEO".

86 Section 83 (heading)

Omit "

Minister

", substitute "

CEO

87 Subsection 83(1)

Omit "Minister", substitute "CEO".

88 Paragraphs 83(2)(a) to (d)

Omit "Minister", substitute "CEO".

89 Subsection 84(1)

Omit "Minister", substitute "CEO".

90 Subsection 85(1) (heading)

Omit "

Minister

", substitute "

CEO

91 Subsection 85(1)

Omit "Minister" (wherever occurring), substitute "CEO".

92 Subsection 85(2) (heading)

Omit "

Minister

", substitute "

CEO

93 Subsections 85(2) and (4)

Omit "Minister" (wherever occurring), substitute "CEO".

94 Subsection 85(5) (heading)

Omit "

Minister

", substitute "

CEO

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95 Subsections 85(5) and (6) and 86(1)

Omit "Minister" (wherever occurring), substitute "CEO".

96 Paragraphs 86(2)(a) and (b)

Omit "Minister's", substitute "CEO's".

97 Section 87

Omit "Minister" (wherever occurring), substitute "CEO".

98 Subsection 88(1)

Omit "Minister" (wherever occurring), substitute "CEO".

99 Paragraph 88(2)(a)

Omit "Minister", substitute "CEO".

100 Subsections 88(4) and (5)

Omit "Minister" (wherever occurring), substitute "CEO".

101 Subsection 89(1) (heading)

Omit "

Minister

", substitute "

CEO

102 Subsection 89(1)

Omit "Minister" (wherever occurring), substitute "CEO".

103 Subsection 89(2)

Omit "Minister" (wherever occurring), substitute "CEO".

104 Paragraph 90(1)(a)

Omit "Minister", substitute "CEO".

105 Subsection 90(2)

Omit "Minister", substitute "CEO".

106 Paragraph 90(3)(a)

Omit "Minister", substitute "CEO".

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107 Section 91

Omit "Minister" (wherever occurring), substitute "CEO".

108 Subsection 91(5)

Omit "Minister's", substitute "CEO's".

109 Section 95

Repeal the section, substitute:

95 Publishing information about arrangements

(1) The Minister must publish the following information on the

Department's website for each accredited voluntary arrangement:

(a) a summary of the arrangement;

(b)

the name of the arrangement's administrator;

(c)

the contact details for the arrangement's administra

tor that

are prescribed by the rules;

(d) a copy of any report on the operation of the arrangement

given to the Minister in accordance with a condition of the

arrangement's accreditation (see

paragraph 70(3)(f));

(e) the persons authorised by the arrangement to exercise the

Commonwealth's intellectual property rights in a product

stewardship logo.

(2)

The CEO must publish the following information on EPA's

website for each approved co-regulatory arrangement:

(a) a summary of the arrangement;

(b) the na

me of the arrangement's administrator;

(c)

the contact details for the arrangement's administrator that

are prescribed by the rules;

(d) a copy of any report on the operation of the arrangement

given to the CEO in accordance with rules made for the

purposes of section 83 (requirements to give reports to the

CEO);

(e) a copy of any audit report in relation to the arrangement

given to the CEO in accordance with rules made for the

purposes of section 112.

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(3) However, the Minister or CEO must not publish any information

under subsection (1) or (2) if the Minister or CEO, as applicable, is

satisfied that:

(a) there is a risk that publishing the information might

substantially prejudice the commercial interests of a person;

and

(b) publishing the information is not in the public interest.

110 Section

96 (paragraph beginning "The Minister")

Omit "regulated waste material, product stewardship", substitute

"accredited voluntary arrangements".

111 Section

96 (after the paragraph beginning "The Minister")

Insert:

The CEO has powers to gather information relating to regulated

waste material, co-regulatory product stewardship and matters

prescribed by the rules.

112 Section

96 (paragraph beginning "Certain")

After "the Minister", insert "or the CEO,".

113 Paragraphs 97(3)(e) and 99(2)(e)

Omit "Secretary", substitute "CEO".

114 Subsections 101(2), 102(2) and (3), 103(2) and 104(2)

Omit "Secretary", substitute "CEO".

115 Subdivision A of Division 3 of Part 2 of Chapter 4

(heading)

Omit "

Minister

", substitute "

CEO

116 Subsection 108(1)

Omit "Minister", substitute "CEO".

117 Paragraphs 109(1)(b), (c) and (e)

Repeal the paragraphs.

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118 After subsection 109(1)

Insert:

(1A) The CEO may require an audit to be conducted in relation to:

(a) an approved co-regulatory arrangement; or

(b) a member of an approved co-regulatory arrangement; or

subsection 92(1) to take, or not to take, specified action in

relation to a specified product.

119 Paragraph 109(2)(b)

Omi

t "(1)(b)", substitute "(1A)(a)".

120 Paragraph 109(2)(c)

Omit "(1)(c)", substitute "(1A)(b)".

121 Paragraph 109(2)(e)

Omit "(1)(e)", substitute "(1A)(c)".

122 Subsection 109(5)

After "(1)", insert "and (1A)".

123 Section 110

Omit "Minister", substitute "CEO".

124 Section 111

After "Minister", insert "or the CEO".

125 Section 111 (note)

After "If the Minister", insert "or the CEO".

126 Section 111 (note)

After "matter, the Minister", insert "or the CEO, as applicable,".

127 Subsection 112(1)

After "Minister", insert "or CEO".

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128 Paragraph 112(3)(f)

After "Minister", insert "or the CEO".

129 Section 116 (heading)

Omit "

Minister

", substitute "

CEO

130 Subsections 116(1) and (3)

Omit "Minister" (wherever occurring), substitute "CEO".

131 Paragraph 116(5)(d)

Omit "Minister", substitute "CEO".

132 Subsections 120(2) to (5)

Omit "Minister", substitute "CEO".

133 Paragraph 120(6)(a)

Omit "Minister", substitute "CEO".

134 Subsection 121(2)

Omit "Minister", substitute "CEO".

135 Paragraph 121(3)(a)

mit "Minister", substitute "CEO".

136 Section 122

Repeal the section.

137 Subsection 123(1)

Omit "Secretary", substitute "CEO".

138 Paragraph 123(2)(a)

Omit "Secretary", substitute "CEO".

139 Subsections 123(3) to (5)

Omit "Secretary", substitute "CEO"

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140 Paragraph 124(1)(c)

Omit "Secretary", substitute "CEO".

141 Subsections 125(1) to (3)

Omit "Secretary", substitute "CEO".

142 Subsection 125(4) (heading)

Omit "

Secretary

", substitute "

CEO

143 Subsections 125(4) to (7)

Omit "Secretary" (wherever

occurring), substitute "CEO".

144 Subparagraph 125(9)(a)(ii)

Omit "Secretary", substitute "CEO".

145 Subsections 126(1) and (2), 128(1) and 129(1)

Omit "Secretary" (wherever occurring), substitute "CEO".

146 Subdivision A of Division 2 of Part 3 of Chapter 4

(heading)

Omit "

Secretary's

", substitute "

CEO's

147 Subsection 130(1)

Omit "Secretary", substitute "CEO".

148 Paragraph 130(2)(a)

Omit "Secretary", substitute "CEO".

149 Subsections 130(3) and 131(1)

Omit "Secretary" (wherever occurring), substitute "CEO".

150 Paragraph 131(3)(a)

Omit "Secretary", substitute "CEO".

151 Subsection 131(4)

Omit "Secretary", substitute "CEO".

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152 Subsection 131(5) (paragraph (a) of the note)

Omit "Minister", substitute "CEO".

153 Subsection 131(5) (paragraph (b) of the note)

Omit "Secretary" (wherever occurring), substitute "CEO".

154 Subsection 131(6)

Omit "Secretary", substitute "CEO".

155 Subsection 131(6) (note)

Omit "Secretary" (wherever occurring), substitute "CEO".

156 Subsection 132(1)

Omit "Secretary", substitute "CEO".

157 Paragraph 132(2)(a)

Omit "Secretary", substitute "CEO".

158 Subsections 133(1) and (2)

Omit "Secretary" (wherever occurring), substitute "CEO".

159 Paragraphs 133(3)(a) and (b)

Omit "Secretary", substitute "CEO".

160 Subsection 134(1)

Omit "Secretary", substitute "CEO".

161 Subsection 134(2) (heading)

Omit "

Secretary

", substitute "

CEO

162 Subsections 134(2) and (3) and 135(1) and (2)

Omit "Secretary" (wherever occurring), substitute "CEO".

163 Subsection 135(3) (paragraph (a) of the note)

Omit "Minister", substitute "CEO".

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164 Subsection 135(3) (paragraph (b) of the note)

Omit "Secretary" (wherever occurring), substitute "CEO".

165 Subsections 135(4) and (5)

Omit "Secretary" (wherever occurring), substitute "CEO".

166 Subsection 135(5) (note)

Omit "Secretary", substitute "CEO".

167 Subsections 136(1) and (2)

Omit "Secretary", substitute "CEO".

168 Section 137 (heading)

Omit "

Secretary

", substitute "

CEO

169 Subsection 137(2)

Omit "Secretary" (wherever occurring), substitute "CEO".

170 Subsection 139(2) (heading)

Omit "

Secretary

", substitute "

CEO

171 Subsection 139(2)

Omit "Secretary", substitute "CEO".

172 Paragraphs 143(1)(a) to (f)

Repeal the paragraphs, substitute:

(a) an accredited voluntary arrangement; or

(b) a matter prescribed by the rules.

173 After subsection 143(1)

Insert:

(1A) The CEO may, by notice in writing given to a person, require the

person, within a reasonable time stated in the notice, to give the

CEO any information, or produce to the CEO any documents,

specified in the notice that relate to:

(a) any regulated waste material that has been, or is intended to

be, exported; or

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(b) waste material export charges; or

product; or

(d) requirements made under rules made for the purposes of

subsection 92(1) (mandatory product stewardship

requirements); or

(e) a matter prescribed by the rules.

174 Paragraph 143(2)(a)

After "(1)", insert "or (1A)".

175 Subsection 151(1) (table items 2 to 10, column 2)

Omit "Minister", substitute "CEO".

176 Subsection 151(1) (table item 14, columns 1 and 2)

Omit "Minister", substitute "CEO".

177 Subsection 151(1) (table items 15 and 16, column 2)

Omit "Minister", substitute "CEO".

178 Subsection 151(1) (table item 17, columns 1 and 2)

Omit "Minister", substitute "CEO".

179 Subsection 151(1) (table item 18, column 2)

Omit "Minister", substitute "CEO".

180 Subsection 151(1) (table item 19, column 2)

Omit "Secretary", substitute "CEO".

181 Subsection 151(1) (table item 20, columns 1 and 2)

Omit "Secretary", substitute "CEO".

182 Subsection 151(1) (table items 21 to 28, column 2)

Omit "Secretary", substitute "CEO".

183 Subsection 153(1)

Repeal the subsection, substitute:

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(1) A person affected by a reviewable decision (other than a decision

made by the Minister or CEO personally) may apply in writing to

the following persons (each a

reviewer

) for review (the

internal

review

) of the decision:

(a) for a decision specified in items 1 and 11 to 13 of the table in

subsection 151(1)

the Minister;

(b) for a decision specified in items 2 to 10 and 14 to 28 of the

table in subsection 151(1)

the CEO.

184 Subsections 153(2) to (4)

Omit "Minister" (wherever occurring), substitute "reviewer".

185 Paragraph 154(1)(a)

After "Minister", insert "or CEO".

186 Paragraph 154(1)(b)

Omit "Minister", substitute "reviewer".

187 Subsection 155(3)

Repeal the subsection, substitute:

(3) Without limiting subsection (1) or (2), the rules may provide for

the following persons to make decisions in relation to the matters

specified in paragraph (2)(e) or (g):

(a) for a fee charged in relation to an accredited voluntary

arrangement

the Minister;

(b) for all other fees

the CEO.

188 Section 158

Repeal the section, substitute:

158 Minister or CEO may direct that activities not be carried out

If a fee under this Act is due and payable by a person (the

debtor

the following persons may refuse to carry out, and direct a person

not to carry out, specified activities or kinds of activities in relation

to the debtor under this Act until the fee has been paid:

(a) for a fee charged in relation to an accredited voluntary

arrangement

the Minister;

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(b) for all other fees

the CEO.

189 Section 161 (heading)

Omit "

Minister

", substitute "

CEO

190 Subsection 161(2)

Omit "Minister", substitute "CEO".

191 Subparagraph 163(2)(b)(ii)

Omit "Secretary", substitute "CEO".

192 Subsections 166(1) to (3) and 167(2)

Omit "Secretary" (wherever occurring), substitute "CEO".

193 Section 171 (paragraph beg

inning "There is a test")

Omit "the Minister".

194 Section

171 (paragraph beginning "The Minister and")

Repeal the paragraph, substitute:

The Minister may delegate the Minister's powers and functions,

other than the power to make rules or to publish a Min

ister's

priority list, to certain persons. The

Nature Positive (Environment

Protection Australia) Act 2024

provides for the CEO to delegate

the CEO's powers and functions to certain persons.

195 Paragraphs 172(1)(a) and (b)

Omit "Minister", substitute "relevant person".

196 Subsections 172(2) and (4)

Omit "Minister" (wherever occurring), substitute "relevant person".

197 At the end of section 172

Add:

(5) In this section:

relevant person

means:

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(a) for an application made to the Minister

the Minister; or

(b) for an application made to the CEO

the CEO.

198 Subsection 175(2)

Omit "Minister" (first occurring), substitute "relevant decision

maker".

199 Paragraph 175(2)(d)

Omit "Minister" (wherever occurring), substitute "CEO".

200 Subsection 175(3)

Omit

"Minister", substitute "relevant decision

maker".

201 After subsection 175(4)

Insert:

(5) In this section:

relevant decision-maker

means:

(a) for a decision in relation to an accredited voluntary

arrangement

the Minister; or

(b) otherwise

the CEO.

202 Section 179 (note)

Omit "Secretary", substitute "CEO".

203 At the end of subsection 180(3)

Add:

; (e) the CEO;

(f) a member of the staff of EPA referred to in section 52 of the

Nature Positive (Environment Protection Australia) Act

2024

204 Subsection 182(1)

Omit "Secretary may", substitute "CEO may".

205 Subsection 182(1)

Omit "Secretary's", substitute "CEO's".

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206 Subsection 182(1)

Omit "Secretary or", substitute "CEO or".

207 Subsections 182(3) to (5)

Omit "Secretary" (wherever occurring), substitute "CEO".

208 Section 187

Repeal the section.

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Schedule

10--Amendment of the Underwater

Cultural Heritage Act 2018

Underwater Cultural Heritage Act 2018

1 Subsection 9(1)

Insert:

CEO

has the same meaning as in the

Nature Positive (Environment

Protection Australia) Act 2024

Note:

This is a reference to the CEO of Environment Protection Australia.

2 Paragraph 41(3)(e)

Omit "Secretary", substitute "CEO".

3 Paragraph 42(2)(e)

Omit "Secretary", substitute "CEO".

4 Paragraph 44(2)(b)

Omit "Secretary", substitute "CEO".

5 Subsection 47(3)

Omit "Minister", substitute "CEO".

6 After section 54

Insert:

54A Disclosure of information

(1) The Minister may disclose information obtained under this Act to:

(a) the CEO; or

(b) an agency, body or person prescribed by the Underwater

Cultural Heritage Rules;

if the Minister reasonably believes that the information will enable

or assist the agency, body or person to perform its functions or

exercise its powers.

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(2) This section does not limit any other powers the Minister has to

disclose information to a person.

7 Section 57

Repeal the section.

8 Subsections 60(1) to (4)

Omit "Secretary" (wherever occurring), substitute "CEO".

Amendments relating to compliance and enforcement

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Schedule

11--Amendments relating to

compliance and enforcement

Part

1--Audits and environment protection orders

Division 1

Amendments

Environment Protection and Biodiversity Conservation Act

1999

1 Division 12 of Part 17

Repeal the Division, substitute:

Division

12--Audits

Subdivision A

Directed environmental audits

458 Directed environmental audits

(1) The Minister may, by notice in writing to a person in the

circumstances set out in subsection (2) or (3), require the person to

conduct an environmental audit (a

directed environmental audit

Circumstances in which environmental audit may be required

(2) The circumstances are that:

(a) the person:

(i) is the holder of, or is otherwise approved to take an

action under, an environmental authority; or

(ii) is subject to an environmental order; and

(b) the Minister reasonably suspects that the person has

contravened, or is likely to contravene, a condition or

requirement of the authority or order.

(3) The circumstances are that:

(a) the person:

(i) is the holder of, or is otherwise approved to take an

action under, an environmental authority; or

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(ii) is a person to whom an environmental exemption

applies; and

(b) the Minister reasonably suspects that:

(i) the action to which the authority or exemption relates

has, has had or is likely to have impacts on the matter

dealt with by a provision for which the authority

authorises the action or from which the exemption

exempts the action; and

(ii) those impacts are significantly greater than was

indicated in the information available to the person who

granted the authority or exemption when it was granted.

Requirements for notice

(4) The notice must specify:

(a) the matters to be covered by the audit; and

(b) the form of the audit report and the kinds of particulars it is to

contain; and

Minister; and

(d) any other matters prescribed by the regulations.

(5) Without limiting the matters that may be specified for the purposes

of paragraph (4)(a), those matters may include all or any of the

following:

(a) an evaluation of the nature of the environment that is or will

be affected by the activities, of the person, to which the

environmental authority, environmental exemption or

environmental order is relevant;

(b) an assessment of the risks to the environment resulting from

those activities;

(c)

an assessment of the person's existing capacity, in carrying

on those activities, to comply with:

(i) for an environmental authority

any conditions of the

authority; and

(ii) for an environmental order

the order; and

(iii) in any case

the requirements of this Act and the

regulations;

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(d) an assessment of what the person will need to do, or continue

to do, so to comply.

459 Appointment of auditor and conducting an audit

(1) A person who is given notice under section 458 (the

audited

person

) must:

(a) appoint a person to conduct the audit required by the notice;

and

(b) arrange for the person appointed (the

auditor

) to conduct the

audit in accordance with the notice.

Civil penalty:

500 penalty units.

(2) The person appointed to conduct the audit must be:

(a) a registered auditor; or

(b) if no registered auditor is reasonably available to conduct the

audit

a person who the Minister has approved for such

appointment before the appointment is made.

(3) The Minister may, in writing, approve a person for the purposes of

paragraph (2)(b) if:

(a) the person approved is not an officer or employee of the

audited person; and

(b) the Minister is satisfied that the person approved has the

independence, and the knowledge or experience, necessary to

properly conduct the audit.

(4) An appointment of a person to conduct the audit made otherwise

than in accordance with subsection (2) has no effect.

(5) An approval under subsection (3) is not a legislative instrument.

460 Nature of directed environmental audit

(1) A person commits an offence if:

(a) the person is the auditor for a directed environmental audit;

and

(b) in the course of conducting the audit, the person does not

deal with a particular matter; and

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matter that is to be covered by the audit.

Penalty: 30 penalty units.

(2) A person commits an offence if:

(a) the person is the auditor for a directed environmental audit;

and

(b) in the course of conducting the audit, the person conceals, or

does not take into account, any information or document; and

Penalty: Imprisonment for 6 months.

(3) The auditor for a directed environmental audit may have regard to

the results of a previous environmental audit, including such an

audit conducted in accordance with a condition or requirement of

an environmental authority or environmental order to which the

audit relates, if:

(a) the previous audit was completed within the last preceding 2

years; and

(b) the auditor is satisfied that the previous audit is still relevant.

461 Audit reports

(1) After completing a directed environmental audit, the auditor must

prepare, and give to the audited person, a written report that:

(a) sets out the results of the audit; and

(b) is in the form, and contains the particulars, specified for the

purposes of paragraph 458(4)(b).

Note:

A person may commit an offence if the person provides false or

misleading information or documents (see sections 137.1 and 137.2 of

the

Criminal Code

(2) The audited person must give the report to the Minister:

(a) on or before the day specified by the Minister under

paragraph 458(4)(c); or

(b) on or before such later day as the Minister, on application by

the audited person, determines in writing.

(3) A person commits an offence if:

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(a) the person is required to give the Minister a report under

subsection (2); and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection: 50 penalty units.

Subdivision B

Compliance audits

462 Compliance audits

(1) The Minister may, in writing, require an audit (a

compliance audit

)

to be conducted of activities mentioned in column 1 of an item of

the following table in relation to any of the matters mentioned in

column 2 of the item.

Matters for compliance audits

Item Column 1

Activities

Column 2

Matters to which audit may relate

Activities purportedly

covered by an

environmental

authority

(a) whether the activities are covered by the

authority;

(b) whether the activities are complying, have

complied or will comply with any conditions of

the authority;

complied or will comply with any requirement

of, or made under, this Act or the regulations;

(d) whether the activities have, have had or are

likely to have impacts that:

(i) are impacts on the matter dealt with by a

provision for which the authority

authorises action; and

(ii) are significantly greater than was

indicated in the information available to

the person who granted the authority

when it was granted

Activities purportedly

covered by an

environmental

exemption

(a) whether the activities are covered by the

exemption;

(b) whether the activities are complying, have

complied or will comply with any requirement

of, or made under, this Act or the regulations;

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Matters for compliance audits

Item Column 1

Activities

Column 2

Matters to which audit may relate

likely to have impacts that:

(i) are impacts on the matter dealt with by a

provision from which the exemption

exempts action; and

(ii) are significantly greater than was

indicated in the information available to

the person who granted the exemption

when it was granted

Activities that:

(a) are purportedly

carried out for the

purposes of

complying with an

environmental

order; or

(b) are subject to any

requirement of an

environmental order

(a) whether the activities are carried out for the

purposes of complying with the order;

(b) whether the activities are complying, have

complied or will comply, or are or will be

sufficient to comply, with the order;

complied or will comply with any requirement

of, or made under, this Act or the regulations

Activities purportedly

covered by a marine

park permission

(a) whether the activities are covered by the

permission;

(b) whether the activities are complying, have

complied or will comply with any conditions of

the permission;

complied or will comply with any requirement

of, or made under:

(i) the

Great Barrier Reef Marine Park Act

1975

; or

(ii) regulations made under that Act;

(d) whether the activities have, have had or are

likely to have impacts that:

(i) are impacts on the environment in the

Great Barrier Reef Marine Park; and

(ii) are significantly greater than was

indicated in the information available to

the person who granted the permission

when it was granted

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Matters for compliance audits

Item Column 1

Activities

Column 2

Matters to which audit may relate

Activities that:

(a) are purportedly

carried out for the

purposes of

complying with a

marine park order;

(b) are subject to any

requirement of a

marine park order

(a) whether the activities are carried out for the

purposes of complying with the order;

(b) whether the activities are complying, have

complied or will comply, or are or will be

sufficient to comply, with the order;

complied or will comply with any requirement

of, or made under:

(i) the

Great Barrier Reef Marine Park Act

1975

; or

(ii) regulations made under that Act

Activities of a kind

prescribed by the

regulations for the

purposes of this item

Any matters that:

(a) relate to compliance with an environmental

law; and

(b) are prescribed by the regulations for the

purposes of this item

(2) The audit may deal with anything that is:

(a) reasonably necessary for the effective conduct of the audit; or

(b) incidental to any matters to which the audit relates.

462A Single audit or program of audits may be required

The Minister may require, under section 462, a single audit, or a

program of audits, to be conducted in relation to a specified matter

or matters included in a specified class of matters.

Note:

If the Minister has required a program of audits to be conducted in

relation to a matter, the Minister may also require additional audits to

be conducted in relation to the matter (see subsection 33(1) of the

Acts

Interpretation Act 1901

462B Who may conduct compliance audit

(1) A compliance audit must be conducted by:

(a) an authorised officer; or

(b) a registered auditor.

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(2) The person conducting the audit is the

auditor

for the audit.

462C Relevant person for a compliance audit

(1) A person is a

relevant person

for a compliance audit if the person

is:

(a) for an audit of activities relating to an environmental

authority:

(i) the holder of the authority; or

(ii) if the activities are those of a person who is otherwise

approved to take an action under the authority

the

person carrying on those activities; or

(b) for an audit of activities relating to an environmental

exemption

the person to whom the exemption applies; or

permission

the holder of the permission; or

(d) for an audit of activities relating to an environmental order or

a marine park order

the person who is subject to the order

and whose activities the audit is concerned with; or

(e) for an audit of activities mentioned in item 6 of the table in

subsection 462(1)

the person who is or was carrying on, or

is proposing to carry on, the activities.

(2) A person is also a

relevant person

for a compliance audit if the

person is acting as an agent of the relevant person under

subsection (1), and appears to be doing or to have done so in

relation to activities to which the audit relates.

462D Conduct of audit

(1) The Minister need not give notice of a compliance audit.

(2) Before starting to conduct a compliance audit, the auditor for the

audit:

(a) must give a description of the scope of the audit to the

relevant person for the audit under subsection 462C(1); and

(b) must take reasonable steps to give such a description to any

relevant person for the audit under subsection 462C(2) whose

assistance the auditor considers will be reasonably necessary

for the conduct of the audit (see section 462E).

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Regulations may make provision in relation to other matters

(3) The regulations may make provision for and in relation to:

(a) other matters relating to the conduct of a compliance audit;

and

(b) the process to be followed after a compliance audit has been

completed.

(4) Without limiting subsection (3), the regulations may make

provision for and in relation to the following:

(a) information that must be provided to relevant persons for a

compliance audit before the audit, during the audit or after

the audit is completed;

(b) requirements for reports to be provided in relation to a

compliance audit.

Note:

A person may commit an offence if the person provides false or

misleading information or documents (see sections 137.1 and 137.2 of

the

Criminal Code

462E Relevant person must provide assistance

(1) A person must provide the auditor for a compliance audit with

assistance that is reasonably necessary for the conduct of the audit

if:

(a) the person is a relevant person for the audit under

subsection 462C(1); or

(b) the person is a relevant person for the audit under

subsection 462C(2) and the auditor requests the assistance of

the person.

(2) Without limiting subsection (1), providing assistance that is

reasonably necessary includes complying with any request under

subsection 462F(1) for the audit.

(3) Subsection (1) does not require a relevant person for the audit to

allow the auditor:

(a) to enter premises; or

(b) to take samples of any thing at premises; or

(4) A person commits an offence if:

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(a) the person is a relevant person for a compliance audit; and

(b) the person fails to provide the assistance required by

subsection (1) in relation to the audit.

Penalty for contravention of this subsection: 30 penalty units.

462F Powers of auditors

(1) For the purpose of conducting a compliance audit, the auditor for

the audit may request

a person who the auditor reasonably believes

has information or documents that are relevant to the audit to

answer questions, provide information in writing or produce the

documents.

Note:

A person may commit an offence if the person provides false or

misleading information or documents (see sections 137.1 and 137.2 of

the

Criminal Code

(2) The auditor may make copies of, or take extracts from, a document

or record produced under subsection (1).

Subdivision C

Other matters relating to audits

462G Register of auditors

(1) The Minister must cause a register of auditors to be kept for the

purposes of this Act.

(2) The Minister must register an individual in the register if:

(a) the individual has applied for registration in accordance with

regulations made for the purposes of subsection (4); and

(b) the Minister is satisfied that the individual meets such

requirements as to qualifications, knowledge, expertise,

competence, independence and other matters as are

prescribed by the regulations for the purposes of this

paragraph.

(3) If the Minister is not satisfied that an individual who has applied

for registration meets the requirements referred to in

paragraph (2)(b), the Minister must refuse to register the

individual.

(4) The regulations may provide for any of the following:

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(a) the form and content of the register;

(b) publication of the register;

manner in which applications are to be made;

(d) fees to be paid in connection with registration (including

ongoing or recurrent fees to maintain registration);

(e) requirements to be met in order to maintain registration;

(f) review of registration;

(g) suspension of registration in prescribed circumstances;

(h) deregistration in prescribed circumstances;

(i) inspection of the performance of registered auditors in

conducting directed environmental audits;

(j) inspection of the performance of registered auditors in

conducting compliance audits;

(k) inspection of the performance of registered auditors in

conducting environmental audits required by conditions of

approvals under Part 9;

(l) other matters in connection with registration in the register.

(5) A fee under paragraph (4)(d) must not be such as to amount to

taxation.

(6) The register is not a legislative instrument.

462H Other audit obligations not affected

Nothing in this Division affects any obligation of a person to

conduct an audit in accordance with a condition or requirement of

an environmental authority, marine park permission, environmental

order or marine park order.

2 After Division 13 of Part 17

Insert:

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Division

13A--Environment protection orders

474A Minister may issue environment protection orders

(1) The Minister may issue an order under this section (an

environment protection order

) if the Minister reasonably believes

that:

(a) a person has engaged, is engaging or is likely to engage in

conduct consisting of an act or omission that constitutes:

(i) unless subparagraph (ii) applies

a contravention of a

provision of this Act or the regulations; or

(ii) a contravention of one or more conditions of an

environmental authority under which the person is

approved to take an action; and

(b) the contravention or likely contravention is causing, or poses

an imminent risk of, serious damage to a matter covered by

subsection (2); and

following purposes:

(i)

ensuring the person's fut

ure compliance with this Act or

the regulations, or the conditions of the environmental

authority;

(ii) preventing or mitigating the damage caused, or

eliminating or reducing the risk of damage posed, by the

contravention or likely contravention to the matter

covered by subsection (2).

(2) For the purposes of paragraphs (1)(b) and (c), this subsection

covers the following matters:

(a) in relation to a contravention or likely contravention of a

provision:

(i) for a provision of Part 3

the matter protected by the

provision; or

(ii) for any other provision

the environment, to the extent

that it is dealt with by the provision;

(b) in relation to a contravention or likely contravention of

conditions of an environmental authority:

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(i) for an approval under Part 9

the matter protected by

any provision of Part 3 for which the approval has

effect; or

(ii) for a permit issued under Chapter 5

the environment,

to the extent that it is dealt with by any provision of that

Chapter for which the permit has effect.

(3) The order may impose any requirements on the person that the

Minister reasonably believes are necessary for the purposes

mentioned in paragraph (1)(c), including by doing any or all of the

following:

(a) requiring the person to discontinue or not commence

specified activities;

(b) requiring the person to change the manner in which the

person is carrying on, or is to carry on, specified activities;

carrying on, or is to carry on, specified activities;

(d) requiring the person to take specified action in a specified

manner or in specified circumstances.

How order may be issued

(4) An environment protection order may be issued:

(a) by notice in writing; or

(b) if the Minister is satisfied it is necessary to do so because of

urgent circumstances

by notice given orally (including by

telephone).

(5) For the purposes of subsection (4), the notice may be:

(a) given to the person to whom the order applies, including, if

the notice is given orally and the person is not an individual,

by giving the notice to any employee or officer of the person

acting in that capacity; or

(b) given to any person who is acting as an agent of the person to

whom the order applies in relation to activities to which the

order relates.

(6) If the order is issued by notice in writing to an agent mentioned in

paragraph (5)(b), the Minister must, within 72 hours after the order

is issued, give a copy of the notice to the person to whom the order

applies.

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(7) If the order is issued by notice given orally to a person, the

Minister must, within 72 hours after the oral notice is given:

(a) give notice in writing of the order to the person to whom the

order applies; and

(b) if the oral notice was given to an agent mentioned in

paragraph (5)(b)

give a copy of the notice in writing of the

order to the agent.

Other matters

(8) Neither of the following is a legislative instrument:

(a) an environment protection order issued in writing under

paragraph (4)(a);

(b) notice of an environment protection order under

subsection (7).

474B Content of environment protection orders

(1) An environment protection order must (subject to subsection (2)):

(a) state the day on which the order is issued; and

(b) state the name of the person the order applies to; and

giving brief details of any alleged contravention or potential

contravention to which the order relates; and

(d) set out the requirements imposed on the person by the order;

and

(e) either:

(i) specify when the order ceases to be in force; or

(ii) include a statement to the effect that the order will

remain in force until it is revoked by the Minister.

(2) If an environment protection order is issued by notice given orally

under paragraph 474A(4)(b):

(a) a requirement in subsection (1) of this section for the order to

contain a matter is taken to be a requirement for the Minister,

when issuing the order, to inform the person to whom notice

of the order is given of the matter; and

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(b) a reference in this Act or the regulations to a matter specified

in the order is taken to be a reference to a matter of which the

person has been so informed; and

subsection 474A(7) must include each matter so informed.

474C Duration of environment protection orders

(1) An environment protection order comes into force immediately

after notice of the order is given under subsection 474A(4).

Note:

For the persons to whom notice may be given under

subsection 474A(4), see subsection (5) of that section.

(2) The order remains in force until the earlier of the following occurs:

(a) the time (if any) specified in the order for the purposes of

subparagraph 474B(1)(e)(i);

(b) the order is revoked by the Minister under section 474D.

474D Variation or revocation of environment protection orders

(1) The Minister may, by written notice given to the person an

environment protection order applies to, vary or revoke the order.

(2) The Minister must revoke an environment protection order under

subsection (1) if the Minister reasonably believes that the order is

no longer necessary for any of the purposes for which it was

issued.

474E Person must comply with environment protection order

Fault-based offence

(1) A person commits an offence if:

(a) an environment protection order applies to the person; and

(b) the person does, or fails to do, an act or thing; and

contravention of the order.

Penalty: 1,000 penalty units.

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Strict liability offence

(2) A person commits an offence of strict liability if:

(a) an environment protection order applies to the person; and

(b) the person contravenes the order.

Penalty: 300 penalty units.

474F Person must not hinder or obstruct compliance

A person (the

first person

) commits an offence if:

(a) an environment protection order applies to another person;

and

(b) the first person hinders or obstructs the other person in

complying with the order.

Penalty: 300 penalty units.

474G Natural justice hearing rule

The Minister is not required to observe any requirements of the

natural justice hearing rule in relation to the issue or variation of an

environment protection order.

474H Giving notice by electronic means

Paragraphs 9(1)(d) and (2)(d) of the

Electronic Transactions Act

1999

do not apply to a notice under this Division.

Note:

Paragraphs 9(1)(d) and (2)(d) of the

Electronic Transactions Act 1999

deal with the consent of the recipient of information to the information

being given by way of electronic communication.

3 Section 528

Insert:

audited person

has the meaning given by subsection 459(1).

auditor

(a) in relation to a directed environmental audit

has the

meaning given by subsection 459(1); or

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(b) in relation to a compliance audit

has the meaning given by

subsection 462B(2).

compliance audit

has the meaning given by section 462.

4 Section 528 (definition of

directed environmental audit

)

Omit "

subsection 4

60(4)", substitute "

subsection 45

8(1)".

5 Section 528 (definition of

environmental authority

)

Repeal the definition, substitute:

environmental authority

means:

(a) an approval under Part 9; or

(b) a permit issued under Chapter 5.

6 Section 528

Insert:

environmental exemption

means:

(b) an exemption granted under section 158; or

(d) an exemption granted under section 303A.

environmental order

means:

(a) an environment protection order; or

(b) a conservation order; or

(d) a remediation order.

environment protection order

has the meaning given by

subsection 474A(1).

7 Section 528 (at the end of the definition of

holder

)

Add:

; or (c) in the case of a marine park permission

the person who is

the holder of the permission under regulations made under

the

Great Barrier Reef Marine Park Act 1975

8 Section 528

Insert:

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marine park order

means any of the following, within the meaning

of the

Great Barrier Reef Marine Park Act 1975

(a) a vessel monitoring direction;

(b) an emergency direction;

(d) a remediation order.

marine park permission

means a permission granted under

regulations made under the

Great Barrier Reef Marine Park Act

1975

registered auditor

means an individual who is registered in the

relevant person

for a compliance audit has the meaning given by

section 462C.

subject to

: a person is

subject to

an environmental order or a

marine park order if:

(a) for an environment protection order

the order applies to the

person; or

(b) for a conservation order:

(i) the person is carrying on, or is proposing to carry on,

activities to which the order relates; or

(ii) the order requires the person to take action; or

the

determination or order requires the person to take action; or

(d) for a vessel monitoring direction within the meaning of the

Great Barrier Reef Marine Park Act 1975

(i) the person is a kind of person responsible (within the

meaning of subsection 61AAA(10) of that Act) for a

vessel; and

(ii) the direction applies to the person, or to that kind of

person; or

(e) for an emergency direction within the meaning of the

Great

Barrier Reef Marine Park Act 1975

that applies to a

particular person

the direction applies to the person; or

(f) for an emergency direction within the meaning of the

Great

Barrier Reef Marine Park Act 1975

that applies to a class of

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101

persons or to persons generally

the direction applies to the

person and either of the following apply:

(i) the person is carrying on, or is proposing to carry on,

activities to which the direction relates;

(ii) the direction requires the person to take action; or

(g) for an enforceable direction, or remediation order, within the

meaning of the

Great Barrier Reef Marine Park Act 1975

the direction or order applies to the person.

Division 2

Application and transitional provisions

9 Application provision

audits

(1)

Division 12 of Part 17 of the

Environment Protection and Biodiversity

Conservation Act 1999

, as inserted by this Part, applies in relation to:

(a) an environmental authority; or

(b) an environmental order; or

(d) a marine park permission; or

(e) a marine park order;

made (however described) before, on or after the commencement of this

item.

(2)

Sections 458 and 462 of the

Environment Protection and Biodiversity

Conservation Act 1999

, as inserted by this Part, apply in relation to

action taken before, on or after the commencement of this item.

10 Transitional provision

directed environmental audits

(1)

This item applies if:

(a) notice requiring an environmental audit was given under

section 458 of the

Environment Protection and Biodiversity

Conservation Act 1999

before the commencement of this

item; and

(b) the holder of the relevant environmental authority did not

give the Minister a written report in relation to the

environmental audit under section 461 of that Act before that

commencement.

(2)

Despite the amendments made by this Part:

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(a) Division 12 of Part 17 of the

Environment Protection and

Biodiversity Conservation Act 1999

; and

(b) any instrument made under that Division as in force

immediately before the commencement of this item;

continue to apply in relation to the environmental audit as if those

amendments had not been made.

11 Application provision

environment protection orders

(1)

Division 13A of Part 17 of the

Environment Protection and Biodiversity

Conservation Act 1999

, as inserted by this Part, applies in relation to an

environmental authority made (however described) before, on or after

the commencement of this item.

(2)

Subsection 474A(1) of the

Environment Protection and Biodiversity

Conservation Act 1999

, as inserted by this Part, applies in relation to a

contravention occurring before, on or after the commencement of this

item.

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Part

2--Amendments relating to penalties

Division 1

Amendments relating to criminal penalties

Environment Protection and Biodiversity Conservation Act

1999

12 Subsections 15A(3), 15C(13), 17B(3), 18A(3), 20A(3),

22A(7) and 24A(7)

Omit "420 penalty units", substitute "1,000 penalty units".

13 Subsections 24C(1), (3), (5) and (7) and 24E(1), (2) and (3)

(penalty)

Omit "420 penalty units", substitute "1,000 penalty units".

14 Subsections 27A(5), 27C(3) and 142A(4)

Omit "120 penalty units", substitute "1,000 penalty units".

Division 2

Amendments relating to civil penalties

Environment Protection and Biodiversity Conservation Act

1999

15 Subsection 12(1) (penalty)

Repeal the penalty.

16 After subsection 12(1)

Insert:

(1A) Subsection (1) is a civil penalty provision.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

17 Subsections 15B(1), (2), (3), (4) and (5) (penalty)

Repeal the penalty.

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18 After subsection 15B(6)

Insert:

(7) Subsections (1), (2), (3), (4) and (5) are civil penalty provisions.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

19 Subsection 16(1) (penalty)

Repeal the penalty.

20 After subsection 16(1)

Insert:

(1A) Subsection (1) is a civil penalty provision.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

21 Subsections 18(1), (2), (3), (4), (5) and (6) (penalty)

Repeal the penalty.

22 At the end of section 18

Add:

Civil penalties

(7) Subsections (1), (2), (3), (4), (5) and (6) are civil penalty

provisions.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

23 Subsection 20(1) (penalty)

Repeal the penalty.

24 After subsection 20(1)

Insert:

(1A) Subsection (1) is a civil penalty provision.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

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25 Subsections 21(1), (2) and (3) (penalty)

Repeal the penalty.

26 After subsection 21(3)

Insert:

(3A) Subsections (1), (2) and (3) are civil penalty provisions.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

27 Subsections 23(1), (2) and (3) (penalty)

Repeal the penalty.

28 After subsection 23(3)

Insert:

Civil penalties

(3A) Subsections (1), (2) and (3) are civil penalty provisions.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

29 Subsections 24B(1) and (2) (penalty)

Repeal the penalty.

30 After subsection 24B(2)

Insert:

Civil penalties

(2A) Subsections (1) and (2) are civil penalty provisions.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

31 Subsections 24D(1), (2) and (3) (penalty)

Repeal the penalty.

32 After subsection 24D(3)

Insert:

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(3A) Subsections (1), (2) and (3) are civil penalty provisions.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

33 Subsection 25(1) (penalty)

Repeal the penalty.

34 After subsection 25(1)

Insert:

(1A) Subsection (1) is a civil penalty provision.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

35 Paragraph 25AA(3)(b)

Omit "and (7)".

36 Subsections 26(1) and (2) (penalty)

Repeal the penalty.

37 After subsection 26(2)

Insert:

Civil penalties

(2A) Subsections (1) and (2) are civil penalty provisions.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

38 Subsection 27B(1) (penalty)

Repeal the penalty.

39 After subsection 27B(1)

Insert:

(1A) Subsection (1) is a civil penalty provision.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

Amendments relating to compliance and enforcement

Schedule 11

Amendments relating to penalties

Part 2

No. , 2024

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107

40 Subsection 28(1) (penalty)

Repeal the penalty (not including the notes).

41 After subsection 28(1)

Insert:

(1A) Subsection (1) is a civil penalty provision.

Note:

For the maximum pecuniary penalty for a contravention of a civil

penalty provision of this Part, see section 481A.

42 Subsection 142(1) (penalty)

Repeal the penalty.

43 After subsection 142(1)

Insert:

(1AA) Subsection (1) is a civil penalty provision.

Note:

For the maximum pecuniary penalty for a contravention of

subsection (1), see section 481A.

44 Subsection 142(1A) (note)

Repeal the note.

45 Subsection 481(2)

Omit all the words after "appropriate".

46 After subsection 481(2)

Insert:

Maximum pecuniary penalty

(2A) The pecuniary penalty must not be more than:

(a) the relevant amount specified for the provision; or

(b) for a contravention of a civil penalty provision of Part 3 or of

subsection 142(1)

the maximum penalty amount worked

out under section 481A for a contravention of the provision

by the person.

Schedule 11

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Part 2

Amendments relating to penalties

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No. , 2024

Note:

Part 3 deals with requirements for environmental approvals and

subsection 142(1) deals with contravening a condition attached to an

approval of the taking of an action.

47 After section 481

Insert:

481A Maximum amount of civil penalty for certain contraventions

(1) For the purposes of subsection 481(2A), the maximum penalty

amount for a contravention by an individual of a civil penalty

provision of Part 3, or of subsection 142(1), is the greater of the

following:

(a) 5,000 penalty units;

(b) if the Court can determine either or both of the benefit

derived and the detriment avoided because of the

contravention:

(i) if the Court can determine both the benefit derived and

the detriment avoided

the sum of those amounts,

multiplied by 3; or

(ii) otherwise

whichever of the benefit derived and the

detriment avoided the Court can determine, multiplied

by 3.

(2) For the purposes of subsection 481(2A), the maximum penalty

amount for a contravention by a body corporate of a civil penalty

provision of Part 3, or of subsection 142(1), is the greatest of the

following:

(a) 50,000 penalty units;

(b) if the Court can determine either or both of the benefit

derived and the detriment avoided because of the

contravention:

(i) if the Court can determine both the benefit derived and

the detriment avoided

the sum of those amounts,

multiplied by 3; or

(ii) otherwise

whichever of the benefit derived and the

detriment avoided the Court can determine, multiplied

by 3;

Amendments relating to compliance and enforcement

Schedule 11

Amendments relating to penalties

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(i) 10% of the annual turnover of the body corporate for the

12-month period ending at the end of the month in

which the body corporate contravened, or began to

contravene, the provision; or

(ii) if the amount worked out under subparagraph (i) is

greater than an amount equal to 2.5 million penalty

units

2.5 million penalty units.

Meaning of

annual turnover

(3) The

annual turnover

, of a body corporate during a 12-month

period, is the sum of the values of all the supplies that the body

corporate, and any body corporate related to the body corporate,

have made, or are likely to make, during the 12-month period,

other than:

(a) supplies made from any of those bodies corporate to any

other of those bodies corporate; or

(b) supplies that are input taxed; or

supplies under section 72-5 of the

A New Tax System (Goods

and Services Tax) Act 1999

); or

(d) supplies that are not made in connection with an enterprise

that the body corporate carries on; or

(e) supplies that are not connected with Australia.

(4) Expressions used in subsection (3) that are also used in the

A New

Tax System (Goods and Services Tax) Act 1999

have the same

meaning in that subsection as they have in that Act.

(5) The question whether 2 bodies corporate are related to each other

is to be determined for the purposes of this section in the same way

as for the purposes of the

Corporations Act 2001

Meanings of

benefit derived

and

detriment avoided

(6) The

benefit derived

because of a contravention of a civil penalty

provision is the total value of all benefits that one or more persons

obtained that are reasonably attributable to the contravention.

(7) The

detriment avoided

because of a contravention of a civil

penalty provision is the total value of all detriments that one or

Schedule 11

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Part 2

Amendments relating to penalties

110

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

more persons avoided that are reasonably attributable to the

contravention.

48 Section 528

Insert:

annual turnover

has the meaning given by subsection 481A(3).

benefit derived

has the meaning given by subsection 481A(6).

detriment avoided

has the meaning given by subsection 481A(7).

Division 3

Application of amendments

49 Application of amendments

(1)

The amendments made by this Part apply in relation to the commission

of an offence if the conduct constituting the commission of the offence

occurs wholly on or after the day this item commences.

(2)

The amendments made by this Part apply in relation to the

contravention of a civil penalty provision if the conduct constituting the

contravention of the provision occurs wholly on or after the day this

item commences.

Amendments relating to stopping the clock

Schedule 12

Main amendments

Part 1

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

111

Schedule

12--Amendments relating to

stopping the clock

Part

1--Main amendments

Environment Protection and Biodiversity Conservation Act

1999

1 Subsection 75(6) (heading)

Repeal the heading, substitute:

Working out time periods when a request for information is made

2 After subsection 75(6)

Insert:

(6A) However, subsection (6) does not apply, and is taken never to have

applied, in relation to a request for information if, within 5

business days after the day the request is made, the person

proposing to take the action notifies the Minister in writing that the

person does not want subsection (6) to apply in relation to the

request.

Note:

Subsection 88(4) is also affected by the person making such a

notification to the Minister (see subsection 88(4A)).

3 Subsections 76(1), (2) and (3)

Omit "may request the person proposing to take the action to",

substitute "may, by written notice given to the person proposing to take

the action, request the person to".

4 At the end of section 76

Add:

(6) A notice under subsection (1) or (2) must state:

(a) the reasons for the request; and

(b) the effect of the following provisions (about working out

time periods when a request for information is made):

(i) subsections 75(6) and (6A);

Schedule 12

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Part 1

Main amendments

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Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

(ii) subsections 88(4) and (4A).

(7) A notice under subsection (3) must state:

(a) the reasons for the request; and

(b) the effect of subsections 88(4) and (4A) (about working out

time periods when a request for information is made).

5 Subsection 88(4) (heading)

Repeal the heading, substitute:

Working out time periods when a request for information is made

6 After subsection 88(4)

Insert:

(4A) However, subsection (4) does not apply, and is taken never to have

applied, in relation to a request for information if, within 5

business days after the day the request is made, the person to

whom the request is made notifies the Minister in writing that the

person does not want the following provisions to apply in relation

to the request:

(a) for a request under subsection 76(1) or (2)

subsection 75(6);

(b) for a request under subsection 76(3) or section 89

subsection (4) of this section.

7 Subsection 88(5)

After "The Minister and", insert "the person proposing to take the

action or".

8 At the end of section 89

Add:

(4) A request under this section must be made by written notice given

to the designated proponent.

(5) The notice must state:

(a) the reasons for the request; and

(b) the effect of subsections 88(4) and (4A) (about working out

time periods when a request for information is made).

Amendments relating to stopping the clock

Schedule 12

Main amendments

Part 1

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

113

9 Subsection 130(4A)

Omit "counted", substitute "counted,".

10 Subsection 130(4A)

After "for the purposes of

subsection (

1B)", insert ", or in working out a

period specified under subsection (

1A), whichever applicable,".

11 Subsection 130(5) (heading)

Repeal the heading, substitute:

Working out time periods when a request for information is made

12 Subsection 130(5)

Omit "counted", substitute "counted,".

13 Subsection 130(5)

After "for the purposes of

subsection (

1B)", insert ", or in

working out a

period specified under subsection (

1A), whichever applicable,".

14 At the end of section 130

Add:

(6) However, subsection (5) does not apply, and is taken never to have

applied, in relation to a request for information if, within 5

business days after the day the request is made, either the person

proposing to take the action or the designated proponent notifies

the Minister in writing that they do not want subsection (5) to

apply in relation to the request.

Note:

The person proposing to take the action and the designated proponent

may but need not be the same person (see subsections 75(3) and (4)).

15 Section 132

Before "If the Minister believes", insert "(1)".

16 Section 132

Omit "may request any of the following to", substitute "may, by

written

notice given to any of the following persons, request the person to".

Schedule 12

Amendments relating to stopping the clock

Part 1

Main amendments

114

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

17 At the end of section 132

Add:

(2) A notice under subsection (1) must state:

(a) the reasons for the request; and

(b) the effect of subsections 130(5) and (6) (about working out

time periods when a request for information is made).

(3) If the Minister requests information under subsection (1), the

Minister must, on the same day the request is made, give a copy of

the notice under that subsection to:

(a) for a request made to anyone other than the person proposing

to take the action

the person proposing to take the action;

and

(b) for a request made to anyone other than the designated

proponent

the designated proponent.

Amendments relating to stopping the clock

Schedule 12

Application provision

Part 2

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

115

Part

2--Application provision

18 Application of amendments to requests for information

The amendments made by Part 1 of this Schedule apply in relation to a

request for information that is made on or after the commencement of

this Schedule (whether the referral of the proposal to take the action to

which the request relates was made before, on or after that

commencement).

Schedule 13

Transitional and consequential provisions relating to the Head of

Environment Information Australia

Part 1

Transitional provisions

116

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

Schedule

13--Transitional and consequential

provisions relating to the Head of

Environment Information Australia

Part

1--Transitional provisions

1 Nature positive monitoring, evaluation and reporting

framework

For the purposes of section 13 of the

Nature Positive (Environment

Information Australia) Act 2024

, the Head of Environment Information

Australia must do the following no later than 31 December 2025:

(a) develop a monitoring, evaluation and reporting framework;

(b) determine a baseline for the purposes of subsection 6(1) of

that Act (definition of

nature positive

2 First State of the Environment report

(1)

The Head of Environment Information Australia must prepare and

publish the first State of the Environment report under subsection 14(1)

of the

Nature Positive (Environment Information Australia) Act 2024

later than 30 September 2026.

(2)

For the purposes of that first report, the national environmental goals

mentioned in paragraph 14(2)(b) of the

Nature Positive (Environment

Information Australia) Act 2024

are any publicly available

environmental targets that the Minister identifies and notifies to the

Head as being national environmental goals.

3 First statement of environmental economic accounts

(1)

The Head of Environment Information Australia must prepare and give

the first statement of environmental economic accounts to the Minister

under subsection 15(4) of the

Nature Positive (Environment Information

Australia) Act 2024

by a date that ensures the Minister has sufficient

time to comply with the requirement imposed by subitem (3) of this

item.

(2)

For the purposes of that first statement, the requirement imposed by

subsection 15(6) of the

Nature Positive (Environment Information

Transitional and consequential provisions relating to the Head of Environment

Information Australia

Schedule 13

Transitional provisions

Part 1

No. , 2024

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

117

Australia) Act 2024

is satisfied if the statement identifies or describes

one or more environmental economic accounts:

(a) maintained by the Head; or

(b) that the Head proposes to:

(i) maintain; or

(ii) establish and maintain.

(3)

For the purposes of section 19 of the

Nature Positive (Environment

Information Australia) Act 2024

, the Minister must arrange for that first

statement to be tabled in each House of the Parliament no later than

31 October 2025.

4 Use and disclosure of departmental information

Division 4 of Part 4 of the

Nature Positive (Environment Information

Australia) Act 2024

applies in relation to the use or disclosure of

departmental information on and after the day the provisions

commence, whether the information is obtained or generated before, on

or after that day.

Schedule 13

Transitional and consequential provisions relating to the Head of

Environment Information Australia

Part 2

Consequential amendments

118

Nature Positive (Environment Law Amendments and Transitional

Provisions) Bill 2024

No. , 2024

Part

2--Consequential amendments

Environment Protection and Biodiversity Conservation Act

1999

5 Part 21 of Chapter 6 (heading)

Omit "

Reporting

", substitute "

Annual reports

6 Division 1 of Part 21 of Chapter 6 (heading)

Repeal the heading.

7 Division 2 of Part 21 of Chapter 6

Repeal the Division.

Commonwealth of Australia Bills

NATURE POSITIVE (ENVIRONMENT LAW AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2024

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