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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Nature Positive (Environment Protection
Australia) Bill 2024
No. , 2024
(Climate Change, Energy, the Environment and Water)
A Bill for an Act to establish Environment
Protection Australia, and for related purposes
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
i
Contents
Part 1
--
Preliminary
1
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 2
3
Object ..................................................................................................... 2
4
Simplified outline of this Act ............................................................... 2
5
Definitions.............................................................................................. 3
6
Crown to be bound ................................................................................ 5
7
Extension to external Territories .......................................................... 5
Part 2
--
Environment Protection Australia
6
Division 1
--
Introduction
6
8
Simplified outline of this part ............................................................... 6
Division 2
--
Environment Protection Australia
7
9
Establishment of Environment Protection Australia ........................... 7
10
Constitution of EPA .............................................................................. 7
11
Function of EPA .................................................................................... 7
Division 3
--
The Chief Executive Officer
8
12
The Chief Executive Officer ................................................................. 8
13
Functions of the CEO ............................................................................ 8
14
Independence of the CEO ..................................................................... 9
Part 3
--
Responsibilities in relation to functions
10
Division 1
--
Introduction
10
15
Simplified outline of this Part ............................................................. 10
Division 2
--
Statement of expectations and statement of intent
11
16
Minister's statement of expectations
.................................................. 11
17
Statement of intent............................................................................... 11
Division 3
--
Registers
13
18
Registers ............................................................................................... 13
19
Definition of
registrable decision
...................................................... 13
20
Register of registrable decisions ......................................................... 13
21
Registers of prescribed matters........................................................... 13
22
Suspension of registers........................................................................ 14
23
Certain information not required to be published on registers ......... 14
Part 4
--
Information and confidentiality
15
Division 1
--
Introduction
15
ii
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
24
Simplified outline of this Part ............................................................. 15
Division 2
--
Information gathering
16
25
CEO may request information, advice or documents ....................... 16
Division 3
--
Use and disclosure of relevant information
17
Subdivision A
--
Authorised disclosures by the CEO
17
26
Disclosure of relevant information to Commonwealth
entities .................................................................................................. 17
27
Disclosure of relevant information to State or Territory
government body ................................................................................. 17
28
Disclosure for the purposes of law enforcement ............................... 17
29
Disclosure to reduce serious risk to human health ............................ 18
30
Disclosure to reduce serious risk to the environment ....................... 18
Subdivision B
--
Authorised use and disclosure by entrusted
persons
18
31
Use and disclosure for the purposes of an Act .................................. 18
32
Use and disclosure for the administration or governance of
EPA ...................................................................................................... 18
33
Use and disclosure for the purposes of an Act administered
by the Minister ..................................................................................... 19
34
Use and disclosure for the purposes of assisting the Head of
Environment Information Australia ................................................... 19
35
Publicly available information............................................................ 19
36
Person to whom information relates................................................... 19
37
Use and disclosure with consent......................................................... 19
38
Person who provided information ...................................................... 20
39
Summaries or statistics........................................................................ 20
40
Disclosure to a court, tribunal etc. ...................................................... 20
Subdivision C
--
Civil penalties
20
41
Unauthorised use or disclosure of protected information
--
entrusted person ................................................................................... 20
42
Unauthorised use or disclosure of protected information
--
official of a Commonwealth entity..................................................... 21
Part 5
--
Appointment of the CEO and engagement of staff etc.
22
Division 1
--
Introduction
22
43
Simplified outline of this Part ............................................................. 22
Division 2
--
Appointment of the CEO etc.
23
44
Appointment of the CEO .................................................................... 23
45
Acting appointments ........................................................................... 24
46
Terms and conditions .......................................................................... 24
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
iii
47
Remuneration....................................................................................... 24
48
Leave of absence ................................................................................. 25
49
Other paid work ................................................................................... 25
50
Resignation .......................................................................................... 25
51
Termination of appointment ............................................................... 25
Division 3
--
Staff
27
52
Staff ...................................................................................................... 27
53
Persons assisting EPA ......................................................................... 27
Division 4
--
Advisory group
28
54
CEO may establish advisory group .................................................... 28
55
CEO may publish advice .................................................................... 29
56
CEO must consider advice .................................................................. 29
Part 6
--
Miscellaneous
30
57
Simplified outline of this Part ............................................................. 30
58
Delegation by the CEO ....................................................................... 30
59
Annual report ....................................................................................... 31
60
Periodic reviews of the administration of EPA ................................. 31
61
Enforcement of civil penalty provisions ............................................ 33
62
Rules ..................................................................................................... 34
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
1
A Bill for an Act to establish Environment
1
Protection Australia, and for related purposes
2
The Parliament of Australia enacts:
3
Part
1--Preliminary
4
5
1 Short title
6
This Act is the
Nature Positive (Environment Protection Australia)
7
Act 2024
.
8
Part 1
Preliminary
Section 2
2
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2025.
1 July 2025
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Object
13
The object of this Act is to establish Environment Protection
14
Australia to support the delivery of accountable, efficient,
15
outcomes-focused and transparent environmental regulatory
16
decision-making.
17
4 Simplified outline of this Act
18
This Act establishes EPA, short for Environment Protection
19
Australia, and provides for the appointment of the CEO of EPA.
20
The CEO has functions conferred on the CEO by this Act and a
21
number of other environmental laws mentioned in section 13. The
22
CEO also has functions of advising and assisting the Minister in
23
relation to any of the Minister's functions
and powers under those
24
laws.
25
Preliminary
Part 1
Section 5
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
3
The Minister may
give the CEO a statement of the Minister's
1
expectations for the CEO and EPA. However, the Min
ister's
2
statement of expectations cannot affect
the CEO's independence
by
3
directing the CEO in the performance or exercise of the CE
O's
4
functions or powers. The CEO must respond to any statement of
5
expectations with a statement of intent.
6
The CEO may establish an advisory group to advise and assist the
7
CEO in relation to the
CEO's functions and powers. The CEO
8
must consider any advice received but is not bound by the advice.
9
This Act also contains a regime for the use and disclosure of
10
information obtained under any Act conferring functions on the
11
CEO. There are civil penalties for the use or disclosure of protected
12
information in certain circumstances.
13
5 Definitions
14
In this Act:
15
advisory group
means the group established by the CEO under
16
subsection 54(1).
17
CEO
: see section 12.
18
civil penalty provision
has the same meaning as in the Regulatory
19
Powers Act.
20
Commonwealth entity
has the same meaning as in the
Public
21
Governance, Performance and Accountability Act 2013
.
22
Commonwealth reserve
has the same meaning as in the
23
Environment Protection and Biodiversity Conservation Act 1999
.
24
conservation zone
has the same meaning as in the
Environment
25
Protection and Biodiversity Conservation Act 1999
.
26
enforcement body
: see subsection 28(2).
27
entrusted person
means:
28
(a) the CEO; or
29
Part 1
Preliminary
Section 5
4
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
(b) a member of the staff referred to in section 52; or
1
(c) a person whose services are made available to EPA under
2
section 53; or
3
(d) a person engaged under section 23 of the
Public Governance,
4
Performance and Accountability Act 2013
by the CEO under
5
a written agreement to assist in, or advise in relation to, the
6
performance of the CEO's functions
; or
7
(e) a person employed or engaged by a person mentioned in
8
paragraph (d) of this definition to assist in, or advise in
9
relation to, the performance of the CEO's functions; or
10
(f) any other person prescribed by the rules.
11
environment
has the same meaning as in the
Environment
12
Protection and Biodiversity Conservation Act 1999
.
13
EPA
: see subsection 9(1).
14
matter protected
by a provision of Part 3 of the
Environment
15
Protection and Biodiversity Conservation Act 1999
has the same
16
meaning as in that Act.
17
official
has the same meaning as in the
Public Governance,
18
Performance and Accountability Act 2013
.
19
paid work
means work for financial gain or reward (whether as an
20
employee, a self-employed person or otherwise).
21
protected information
means information of any of the following
22
kinds obtained by an entrusted person:
23
(a) information the disclosure of which by the entrusted person
24
could reasonably be expected to found an action by a person
25
(other than the Commonwealth) for breach of a duty of
26
confidence;
27
(b) information the disclosure of which could reasonably be
28
expected to prejudice the effective working of government;
29
(c) information the disclosure of which could reasonably be
30
expected to prejudice the prevention, detection, investigation,
31
prosecution or punishment of one or more offences;
32
(d) information the disclosure of which could reasonably be
33
expected to endanger a person's life or physical safety;
34
Preliminary
Part 1
Section 6
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
5
(e) information the disclosure of which could reasonably be
1
expected to prejudice the protection of public safety or the
2
environment.
3
registrable decision
: see section 19.
4
Regulatory Powers Act
means the
Regulatory Powers (Standard
5
Provisions) Act 2014
.
6
relevant information
means information obtained by an entrusted
7
person under, or in accordance with:
8
(a) this Act; or
9
(b) an Act that confers functions on the CEO; or
10
(c) the Regulatory Powers Act to the extent that it applies in
11
relation to an Act mentioned in paragraph (a) or (b).
12
rules
means rules made under section 62.
13
statement of expectations
means the statement issued by the
14
Minister under section 16.
15
State or Territory government body
means:
16
(a) a Department of State of a State or Territory; or
17
(b) an agency of a State or Territory; or
18
(c) an authority of a State or Territory.
19
6 Crown to be bound
20
This Act binds the Crown in each of its capacities.
21
7 Extension to external Territories
22
This Act extends to every external Territory.
23
Part 2
Environment Protection Australia
Division 1
Introduction
Section 8
6
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
Part
2--Environment Protection Australia
1
Division
1--Introduction
2
8 Simplified outline of this part
3
This Part establishes the office of the CEO of EPA. It also
4
establishes EPA for the purposes of assisting the CEO in the
5
performance of the CEO's functions.
The CEO is the accountable
6
authority of EPA.
7
Environment Protection Australia
Part 2
Environment Protection Australia
Division 2
Section 9
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
7
Division
2--Environment Protection Australia
1
9 Establishment of Environment Protection Australia
2
(1) Environment Protection Australia (
EPA
) is established by this
3
section.
4
(2) For the purposes of the finance law (within the meaning of the
5
Public Governance, Performance and Accountability Act 2013
):
6
(a) EPA is a listed entity; and
7
(b) the CEO is the accountable authority of EPA; and
8
(c) the following persons are officials of EPA:
9
(i) the CEO;
10
(ii) the staff referred to in section 52;
11
(iii) persons whose services are made available to EPA
12
under section 53; and
13
(d) the purposes of EPA include:
14
(i) the function of EPA referred to in section 11; and
15
(ii) the functions of the CEO referred to in section 13.
16
10 Constitution of EPA
17
EPA consists of:
18
(a) the CEO; and
19
(b) the staff referred to in section 52; and
20
(c) persons whose services are made available to EPA under
21
section 53.
22
11 Function of EPA
23
The function of EPA is to assist the CEO in the performance of the
24
CEO
'
s functions.
25
Part 2
Environment Protection Australia
Division 3
The Chief Executive Officer
Section 12
8
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
Division
3--The Chief Executive Officer
1
12 The Chief Executive Officer
2
There is to be a Chief Executive Officer (
CEO
) of EPA.
3
13 Functions of the CEO
4
(1) The CEO has the functions conferred on the CEO by the following
5
laws:
6
(a) this Act;
7
(b) the
Environment Protection and Biodiversity Conservation
8
Act 1999
;
9
(c) the
Environment Protection (Sea Dumping) Act 1981
;
10
(d) the
Hazardous Waste (Regulation of Exports and Imports)
11
Act 1989
;
12
(e) the
Ozone Protection and Synthetic Greenhouse Gas (Import
13
Levy) Act 1995
;
14
(f) the
Ozone Protection and Synthetic Greenhouse Gas
15
Management Act 1989
;
16
(g) the
Ozone Protection and Synthetic Greenhouse Gas
17
(Manufacture Levy) Act 1995
;
18
(h) the
Product Emissions Standards Act 2017
;
19
(i) the
Recycling and Waste Reduction Act 2020
;
20
(j) the
Underwater Cultural Heritage Act 2018
;
21
(k) the Regulatory Powers Act to the extent that it applies in
22
relation to an Act mentioned in any of paragraphs (a) to (j);
23
(l) a legislative instrument made under an Act, or under
24
provisions of an Act, mentioned in any of paragraphs (a) to
25
(k).
26
(2) The CEO also has the following functions:
27
(a) to advise and assist the Minister in relation to the exercise of
28
any powers, or the performance of any functions, of the
29
Minister under laws that confer functions on the CEO;
30
Environment Protection Australia
Part 2
The Chief Executive Officer
Division 3
Section 14
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
9
(b) to make recommendations to the Minister in relation to
1
opportunities to improve regulation under laws that confer
2
functions on the CEO;
3
(c) any other functions that are conferred on the CEO by:
4
(i) the rules; or
5
(ii) any other law of the Commonwealth;
6
(d) to do anything incidental or conducive to the performance of
7
the above functions.
8
14 Independence of the CEO
9
Subject to this Act and any other Act, the CEO has discretion in the
10
performance or exercise of the CEO
'
s functions or powers and is
11
not subject to direction by any person in relation to the
12
performance or exercise of those functions or powers.
13
Part 3
Responsibilities in relation to functions
Division 1
Introduction
Section 15
10
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
Part
3--Responsibilities in relation to functions
1
Division
1--Introduction
2
15 Simplified outline of this Part
3
The
Minister may give the CEO a statement of the Minister's
4
expectations for the CEO and EPA. The CEO must respond to any
5
such statement of expectations with a statement of intent.
6
The CEO must establish and maintain
on EPA's website
registers
7
containing information in relation to certain decisions of the CEO
8
(called registrable decisions) and any other matters prescribed by
9
the rules that relate to a law mentioned in section 13.
10
Responsibilities in relation to functions
Part 3
Statement of expectations and statement of intent
Division 2
Section 16
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
11
Division
2--Statement of expectations and statement of
1
intent
2
16 Minister
'
s statement of expectations
3
(1) The Minister may, at any time, prepare and give a written
4
statement (a
statement of expectations
) to the CEO that sets out
5
the Minister
'
s expectations for the CEO and EPA.
6
(2) A statement of expectations cannot direct the CEO in the
7
performance or exercise
of the CEO's functions
or powers.
8
(3) In preparing a statement of expectations, the Minister must:
9
(a) have regard to any matters prescribed by the rules; and
10
(b) prepare the statement in accordance with any requirements
11
prescribed by the rules.
12
(4) As soon as practicable after giving a statement of expectations to
13
the CEO, the Minister must arrange for it to be published on the
14
Department
's website
.
15
(5) A statement of expectations replaces any previous statement of
16
expectations.
17
(6) A statement of expectations is not a legislative instrument.
18
17 Statement of intent
19
(1) If the Minister issues a statement of expectations, the CEO must
20
prepare and give the Minister a written response (a
statement of
21
intent
).
22
(2) In preparing a statement of intent, the CEO must:
23
(a) have regard to any matters prescribed by the rules; and
24
(b) prepare the statement in accordance with any requirements
25
prescribed by the rules.
26
(3) The CEO must publish a statement
of intent on EPA's website as
27
soon as practicable after it is given to the Minister.
28
Part 3
Responsibilities in relation to functions
Division 2
Statement of expectations and statement of intent
Section 17
12
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
(4) A statement of intent is not a legislative instrument.
1
Responsibilities in relation to functions
Part 3
Registers
Division 3
Section 18
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
13
Division
3--Registers
1
18 Registers
2
(1) The CEO must establish and maintain the following registers:
3
(a) a register of registrable decisions;
4
(b) a register of any other matters prescribed by the rules that
5
relate to a law mentioned in section 13.
6
(2) A register is to be maintained by electronic means.
7
(3) A register is
to be made available for inspection on EPA's website.
8
(4) A register is not a legislative instrument.
9
19 Definition of
registrable decision
10
A decision of the CEO is a
registrable decision
if the decision is
11
prescribed as a registrable decision by:
12
(a) for a decision under an Act
--
that Act or the rules; or
13
(b) for a decision under a legislative instrument
--
the rules.
14
20 Register of registrable decisions
15
The rules may make provision in relation to the register of
16
registrable decisions, including (without limitation) the information
17
in relation to registrable decisions that the CEO must publish on
18
the register.
19
Note 1:
The rules may, for example, prescribe that the CEO must publish the
20
name of any person in relation to whom a registrable decision is made.
21
Note 2:
The CEO is not required to publish certain sensitive information: see
22
section 23.
23
21 Registers of prescribed matters
24
The rules may make provision in relation to a register of any matter
25
prescribed as mentioned in paragraph 18(1)(b), including (without
26
limitation) the information in relation to the matter that the CEO
27
must publish on the register.
28
Part 3
Responsibilities in relation to functions
Division 3
Registers
Section 22
14
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
Note 1:
The rules may, for example, prescribe that the CEO must publish the
1
name of a person with a particular connection to the prescribed matter.
2
Note 2:
The CEO is not required to publish certain sensitive information: see
3
section 23.
4
22 Suspension of registers
5
(1) The CEO may suspend the operation of a register if the CEO is
6
satisfied:
7
(a) the suspension is required so that maintenance can be carried
8
out; or
9
(b) it is prudent to suspend the operation of the register in order
10
to:
11
(i) ensure the integrity of the register; or
12
(ii) prevent, mitigate or minimise abuse of the register; or
13
(iii) prevent, mitigate or minimise criminal activity
14
involving the register.
15
(2) If the CEO suspends the operation of a register:
16
(a) the CEO must publish a notice on
EPA's
website informing
17
the public of the suspension; and
18
(b) the CEO may defer taking action in relation to the register
19
until the suspension ends.
20
23 Certain information not required to be published on registers
21
The CEO is not required to publish information on a register if the
22
CEO considers that publishing the information would, or could be
23
reasonably expected to:
24
(a) endanger public safety; or
25
(b) cause damage to a matter protected by a provision of Part 3
26
of the
Environment Protection and Biodiversity Conservation
27
Act 1999
; or
28
(c) cause damage to the security, defence or international
29
relations of Australia.
30
Information and confidentiality
Part 4
Introduction
Division 1
Section 24
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
15
Part
4--Information and confidentiality
1
Division
1--Introduction
2
24 Simplified outline of this Part
3
Entrusted persons can use or disclose certain information, referred
4
to as relevant information, in accordance with this Part.
5
Entrusted persons and certain other persons may be liable to a civil
6
penalty if they use or disclose protected information other than in
7
accordance with this Part.
8
Part 4
Information and confidentiality
Division 2
Information gathering
Section 25
16
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
Division
2--Information gathering
1
25 CEO may request information, advice or documents
2
The CEO may, in writing, request information, advice or
3
documents that relate to the performance of the CEO
'
s functions,
4
or the exercise of the CEO
'
s powers, from any person or body.
5
Information and confidentiality
Part 4
Use and disclosure of relevant information
Division 3
Section 26
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
17
Division
3--Use and disclosure of relevant information
1
Subdivision A
--
Authorised disclosures by the CEO
2
26 Disclosure of relevant information to Commonwealth entities
3
The CEO may disclose relevant information to a Commonwealth
4
entity if the CEO is satisfied the disclosure is for the purposes of
5
assisting the entity to perform its functions or exercise its powers.
6
27 Disclosure of relevant information to State or Territory
7
government body
8
The CEO may disclose relevant information to a State or Territory
9
government body if:
10
(a) the CEO reasonably believes that the disclosure of the
11
information is necessary for the purposes of:
12
(i) performing functions or exercising powers of the CEO;
13
or
14
(ii) the administration of a State or Territory law; and
15
(b) the State or Territory government body has undertaken not to
16
use or further disclose the information except in accordance
17
with an agreement that:
18
(i) is in force between the Commonwealth and the State or
19
Territory; and
20
(ii) applies in relation to the information; and
21
(c) the CEO is satisfied that the information will be used and
22
further disclosed only in accordance with the agreement.
23
28 Disclosure for the purposes of law enforcement
24
(1) The CEO may disclose relevant information to an enforcement
25
body if:
26
(a) the CEO reasonably believes that the disclosure of the
27
information is necessary for:
28
(i) the enforcement of the criminal law; or
29
Part 4
Information and confidentiality
Division 3
Use and disclosure of relevant information
Section 29
18
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
(ii) the enforcement of a law imposing a pecuniary penalty;
1
or
2
(iii) the protection of public revenue; and
3
(b) the functions of the enforcement body include that
4
enforcement or protection.
5
(2) Each of the following is an
enforcement body
:
6
(a) a Commonwealth entity;
7
(b) a State or Territory government body;
8
(c) the Australian Federal Police;
9
(d) the police force or police service of a State or Territory.
10
29 Disclosure to reduce serious risk to human health
11
The CEO may disclose relevant information if the CEO reasonably
12
believes that the disclosure is necessary to prevent or lessen a
13
serious risk to human health.
14
30 Disclosure to reduce serious risk to the environment
15
The CEO may disclose relevant information if the CEO reasonably
16
believes that the disclosure is necessary to prevent or lessen a
17
serious risk to the environment.
18
Subdivision B
--
Authorised use and disclosure by entrusted
19
persons
20
31 Use and disclosure for the purposes of an Act
21
An entrusted person may use or disclose relevant information if the
22
use or disclosure is for the purposes of this Act or another Act that
23
confers functions on the CEO.
24
32 Use and disclosure for the administration or governance of EPA
25
An entrusted person may use or disclose relevant information if the
26
use or disclosure is for the purposes of the administration or
27
governance of EPA.
28
Information and confidentiality
Part 4
Use and disclosure of relevant information
Division 3
Section 33
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
19
33 Use and disclosure for the purposes of an Act administered by the
1
Minister
2
An entrusted person may:
3
(a) use relevant information; or
4
(b) disclose relevant information to the Minister or the
5
Department;
6
if the use or disclosure is for the purposes of an Act administered
7
by the Minister.
8
34 Use and disclosure for the purposes of assisting the Head of
9
Environment Information Australia
10
An entrusted person may:
11
(a) use relevant information; or
12
(b) disclose relevant information to the Head of Environment
13
Information Australia;
14
if the use or disclosure is for the purposes of assisting the Head of
15
Environment Information Australia perform their functions or
16
exercise their powers.
17
Note:
Relevant information may also be disclosed to the Head of
18
Environment Information Australia under other sections of this Act:
19
see, for example, section 31 or 33.
20
35 Publicly available information
21
An entrusted person may use or disclose relevant information if the
22
information has already been lawfully made available to the public.
23
36 Person to whom information relates
24
An entrusted person may disclose relevant information to the
25
person to whom the information relates.
26
37 Use and disclosure with consent
27
An entrusted person may use or disclose relevant information that
28
relates to a person if:
29
(a) the person has consented to the use or disclosure; and
30
Part 4
Information and confidentiality
Division 3
Use and disclosure of relevant information
Section 38
20
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
(b) the use or disclosure is in accordance with that consent.
1
38 Person who provided information
2
An entrusted person may disclose relevant information to the
3
person who provided the information.
4
39 Summaries or statistics
5
An entrusted person may disclose:
6
(a) summaries of relevant information; or
7
(b) statistics derived from relevant information;
8
if those summaries or statistics do not enable the identification of a
9
person.
10
40 Disclosure to a court, tribunal etc.
11
An entrusted person may disclose relevant information, or a
12
document containing relevant information:
13
(a) for the purposes of proceedings before:
14
(i) a court; or
15
(ii) a tribunal, authority or person that has the power to
16
require the answering of questions or the production of
17
documents; or
18
(b) in accordance with an order of a court or such a tribunal,
19
authority or person.
20
Subdivision C
--
Civil penalties
21
41 Unauthorised use or disclosure of protected information
--
22
entrusted person
23
Unauthorised use or disclosure
24
(1) A person is liable to a civil penalty if:
25
(a) the person is, or has been, an entrusted person; and
26
(b) the person has obtained relevant information in the person
'
s
27
capacity as an entrusted person; and
28
Information and confidentiality
Part 4
Use and disclosure of relevant information
Division 3
Section 42
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
21
(c) the information is protected information; and
1
(d) the person uses or discloses the information.
2
Civil penalty:
200 penalty units.
3
Exceptions
4
(2) Subsection (1) does not apply if the use or disclosure is authorised
5
or required by:
6
(a) this Act; or
7
(b) any other law of the Commonwealth; or
8
(c) a prescribed law of a State or a Territory.
9
Note:
A defendant bears an evidential burden in relation to the matters in
10
this subsection: see section 96 of the Regulatory Powers Act.
11
42 Unauthorised use or disclosure of protected information
--
official
12
of a Commonwealth entity
13
A person is liable to a civil penalty if:
14
(a) the person is, or has been, an official of a Commonwealth
15
entity that is not EPA; and
16
(b) the person has obtained relevant information in the person
'
s
17
capacity as an official of the entity; and
18
(c) the information is protected information that was disclosed to
19
the entity under section 26; and
20
(d) the person uses or discloses the information other than for the
21
purpose for which it was disclosed to the entity.
22
Civil penalty:
200 penalty units.
23
Part 5
Appointment of the CEO and engagement of staff etc.
Division 1
Introduction
Section 43
22
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
Part
5--Appointment of the CEO and engagement
1
of staff etc.
2
Division
1--Introduction
3
43 Simplified outline of this Part
4
This Part provides for the appointment of the CEO of EPA and
5
deals with the terms and conditions of the appointment. It contains
6
provisions concerning the staff of EPA and certain other persons
7
whose services can be made available to assist EPA.
8
This Part also gives the CEO the power to establish an advisory
9
group to advise and assist the CEO in relation to the
CEO's
10
functions and powers. The CEO must consider any advice received
11
but is not bound by the advice.
12
Appointment of the CEO and engagement of staff etc.
Part 5
Appointment of the CEO etc.
Division 2
Section 44
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
23
Division
2--Appointment of the CEO etc.
1
44 Appointment of the CEO
2
Appointment by the Governor-General
3
(1) The CEO is to be appointed by the Governor-General by written
4
instrument.
5
Qualifications for appointment
6
(2) A person must not be appointed as the CEO unless the Minister is
7
satisfied that:
8
(a) the person has knowledge of, or experience in, both of the
9
following matters:
10
(i) public sector administration or governance;
11
(ii) regulation; and
12
(b) the person has knowledge of, or experience in, one or more
13
of the following:
14
(i) conservation of biodiversity;
15
(ii) ecologically sustainable development;
16
(iii) heritage;
17
(iv) Indigenous affairs;
18
(v) law;
19
(vi) law enforcement;
20
(vii) natural resource management;
21
(viii) any other matters prescribed by the rules; and
22
(c) the person does not have any interests, pecuniary or
23
otherwise, that conflict or could conflict with the proper
24
performance of the CEO
'
s functions.
25
Period and basis of appointment
26
(3) The CEO is to be appointed on a full-time basis.
27
(4) The CEO must not be reappointed more than once.
28
Part 5
Appointment of the CEO and engagement of staff etc.
Division 2
Appointment of the CEO etc.
Section 45
24
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
(5) The CEO holds office for the period specified in the instrument of
1
appointment. The period must not exceed 5 years.
2
45 Acting appointments
3
(1) The Minister may, by written instrument, appoint a person to act as
4
the CEO:
5
(a) during a vacancy in the office of CEO (whether or not an
6
appointment has previously been made to the office); or
7
(b) during any period, or during all periods, when the CEO:
8
(i) is absent from duty or from Australia; or
9
(ii) is, for any reason, unable to perform the duties of the
10
office.
11
Note:
For rules that apply to acting appointments, see sections 33AB and
12
33A of the
Acts Interpretation Act 1901
.
13
(2) A person is not eligible for appointment to act as the CEO unless
14
the person is eligible for appointment as the CEO under section 44.
15
46 Terms and conditions
16
The CEO holds office on the terms and conditions (if any) in
17
relation to matters not covered by this Act that are determined by
18
the Minister.
19
47 Remuneration
20
(1) The CEO is to be paid the remuneration that is determined by the
21
Remuneration Tribunal. If no determination of that remuneration
22
by the Tribunal is in operation, the CEO is to be paid the
23
remuneration that is prescribed under subsection (4).
24
(2) The CEO is to be paid the allowances that are prescribed under
25
subsection (4).
26
(3) This section has effect subject to the
Remuneration Tribunal Act
27
1973
.
28
(4) The Minister may, by legislative instrument, prescribe:
29
(a) remuneration for the purposes of subsection (1); and
30
Appointment of the CEO and engagement of staff etc.
Part 5
Appointment of the CEO etc.
Division 2
Section 48
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
25
(b) allowances for the purposes of subsection (2).
1
48 Leave of absence
2
(1) The CEO has the recreation leave entitlements that are determined
3
by the Remuneration Tribunal.
4
(2) The Minister may grant the CEO leave of absence, other than
5
recreation leave, on the terms and conditions as to remuneration or
6
otherwise that the Minister determines.
7
49 Other paid work
8
The CEO must not engage in paid work outside the duties of the
9
CEO
'
s office without the Minister
'
s approval.
10
50 Resignation
11
(1) The CEO may resign the CEO
'
s appointment by giving the
12
Governor-General a written resignation.
13
(2) The resignation takes effect on the day it is received by the
14
Governor-General or, if a later day is specified in the resignation,
15
on that later day.
16
51 Termination of appointment
17
The Governor-General may terminate the appointment of the CEO:
18
(a) for misbehaviour; or
19
(b) if the CEO is unable to perform the duties of the CEO
'
s
20
office because of physical or mental incapacity; or
21
(c) if the CEO:
22
(i) becomes bankrupt; or
23
(ii) applies to take the benefit of any law for the relief of
24
bankrupt or insolvent debtors; or
25
(iii) compounds with the CEO
'
s creditors; or
26
(iv) makes an assignment of the CEO
'
s remuneration for the
27
benefit of the CEO
'
s creditors; or
28
Part 5
Appointment of the CEO and engagement of staff etc.
Division 2
Appointment of the CEO etc.
Section 51
26
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
(d) if the CEO is absent, except on leave of absence, for 14
1
consecutive days or for 28 days in any 12 months; or
2
(e) if the CEO engages, except with the Minister
'
s approval, in
3
paid work outside the duties of the CEO
'
s office (see
4
section 49); or
5
(f) if the CEO fails, without reasonable excuse, to comply with
6
section 29 of the
Public Governance, Performance and
7
Accountability Act 2013
(which deals with the duty to
8
disclose interests) or rules made for the purposes of that
9
section.
10
Appointment of the CEO and engagement of staff etc.
Part 5
Staff
Division 3
Section 52
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
27
Division
3--Staff
1
52 Staff
2
(1) The staff of EPA must be persons engaged under the
Public
3
Service Act 1999
.
4
(2) For the purposes of the
Public Service Act 1999
:
5
(a) the CEO and the APS employees assisting the CEO together
6
constitute a Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
53 Persons assisting EPA
9
EPA may be assisted by:
10
(a) officers and employees of Agencies (within the meaning of
11
the
Public Service Act 1999
); or
12
(b) officers and employees of authorities of the Commonwealth;
13
or
14
(c) officers and employees of a State or Territory; or
15
(d) officers and employees of authorities of a State or Territory;
16
whose services are made available to EPA in connection with the
17
performance of any of its functions.
18
Part 5
Appointment of the CEO and engagement of staff etc.
Division 4
Advisory group
Section 54
28
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
Division
4--Advisory group
1
54 CEO may establish advisory group
2
CEO may establish advisory group
3
(1) The CEO may, by written instrument, establish an advisory group
4
to
provide the CEO, at the CEO's request,
advice or assistance in
5
relation to the performance of the CEO's functions and the exercise
6
of the CEO
's powers
.
7
(2) The advice or assistance may be provided by:
8
(a) any single member of the group; or
9
(b) any combination of members of the group; or
10
(c) the group as a whole.
11
Members of the group
12
(3) The members of the group are to be appointed by the CEO by
13
written instrument.
14
Note:
Members may be reappointed: see section 33AA of the
Acts
15
Interpretation Act 1901
.
16
(4) The CEO may appoint as many members as the CEO considers
17
appropriate.
18
(5) The CEO must not appoint a person under subsection (3) unless the
19
CEO is satisfied that the person has the relevant skills, expertise or
20
Indigenous cultural knowledge.
21
Other matters
22
(6) The CEO must determine the terms and conditions of appointment
23
of the members.
24
(7) The CEO may determine:
25
(a)
the group's terms o
f reference; and
26
(b) the procedures to be followed by the group or its members in
27
providing advice or assistance.
28
Appointment of the CEO and engagement of staff etc.
Part 5
Advisory group
Division 4
Section 55
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
29
(8) If the CEO determines terms of reference under paragraph (7)(a),
1
the CEO must publish the terms of reference on EPA's website as
2
soon as practicable afterwards.
3
(9) An instrument made under subsection (1) or (3) is not a legislative
4
instrument.
5
55 CEO may publish advice
6
If the advisory group or any one or more of its members provides
7
advice to the CEO in relation to the performance of the CEO
'
s
8
functions or the exercise of the CEO
'
s powers, the CEO may
9
publish the advice on EPA
'
s website if the CEO considers it
10
appropriate to do so.
11
56 CEO must consider advice
12
If the advisory group or any one or more of its members provides
13
advice to the CEO in relation to a decision to be made by the CEO:
14
(a) the CEO must consider the advice when making the decision;
15
but
16
(b) the CEO is not bound by the advice.
17
Part 6
Miscellaneous
Section 57
30
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
Part
6--Miscellaneous
1
2
57 Simplified outline of this Part
3
This Part deals with miscellaneous matters.
4
58 Delegation by the CEO
5
(1) The CEO may, in writing,
delegate all or any of the CEO's
6
functions or powers under any of the laws mentioned in
7
subsection 13(1), to:
8
(a) a member of the staff referred to in section 52; or
9
(b) a person whose services are made available to EPA under
10
section 53; or
11
(c) an individual engaged, or an individual employed or engaged
12
by a person engaged, under section 23 of the
Public
13
Governance, Performance and Accountability Act 2013
by
14
the CEO under a written agreement to assist in, or advise in
15
relation to,
the performance of the CEO's functions
; or
16
(d) for a function or power the performance or exercise of which
17
directly or indirectly relates (including in a way described in
18
subsection 7(1A) of the
Great Barrier Reef Marine Park Act
19
1975
) to the Great Barrier Reef Marine Park
--
any of the
20
following:
21
(i) the Great Barrier Reef Marine Park Authority;
22
(ii) the Chief Executive Officer of the Great Barrier Reef
23
Marine Park Authority;
24
(iii) a member of the staff of the Great Barrier Reef Marine
25
Park Authority; or
26
(e) for a function or power the performance or exercise of which
27
directly or indirectly relates to a Commonwealth reserve or a
28
conservation zone
--
either of the following:
29
(i) the Director of National Parks;
30
(ii) an APS employee in the Department.
31
Miscellaneous
Part 6
Section 59
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
31
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
1
provisions relating to delegations.
2
(2) However, the CEO must not delegate a function or power under
3
subsection (1) to a person mentioned in paragraph (a), (b) or (c), or
4
subparagraph (d)(iii) or (e)(ii), of that subsection unless the person:
5
(a) is an SES employee or acting SES employee; or
6
(b) holds, or is acting in, a position that is equivalent to a
7
position occupied by an SES employee; or
8
(c) holds, or is acting in, an Executive Level 1 or 2, or
9
equivalent, position.
10
Note:
The expressions
SES employee
and
acting SES employee
are defined
11
in section 2B of the
Acts Interpretation Act 1901
.
12
(3) In performing a delegated function or exercising a delegated
13
power, the delegate must comply with any written directions of the
14
CEO.
15
(4) Subsection (3) does not apply in relation to a delegate to whom a
16
function or power is delegated as mentioned in paragraph (1)(e).
17
59 Annual report
18
The annual report prepared by the CEO and given to the Minister
19
under section 46 of the
Public Governance, Performance and
20
Accountability Act 2013
for a period must be published on EPA
'
s
21
website as soon as practicable after the report is first tabled in a
22
House of the Parliament.
23
60 Periodic reviews of the administration of EPA
24
Requirement to conduct reviews
25
(1) The Minister must cause independent reviews of the administration
26
of EPA to be conducted in accordance with this section.
27
Matters review must consider
28
(2) Without limiting subsection (1), a review must consider, in relation
29
to the period since the previous review was completed under this
30
section:
31
Part 6
Miscellaneous
Section 60
32
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
(a) whether, and to what extent, EPA has supported the delivery
1
of accountable, efficient, outcomes-focused and transparent
2
environmental regulatory decision-making; and
3
(b) whether, and to what extent, the CEO and EPA have met the
4
expectations set out in any statements of expectations given
5
by the Minister in the period; and
6
(c) any other matters the Minister directs the review to consider.
7
Frequency of reviews
8
(3) The first review must be completed within 5 years after the
9
commencement of this section.
10
(4) Each subsequent review must be completed within 5 years after the
11
completion of the previous review.
12
(5) For the purposes of subsections (3) and (4), a review is completed
13
on the day after the day the report of the review is given to the
14
Minister.
15
Report of review
16
(6) The person or persons who conduct a review must give the
17
Minister a written report of the review.
18
(7) As soon as practicable after the Minister receives the report, the
19
Minister must arrange for:
20
(a) a copy to be given to the CEO; and
21
(b) a copy
to be published on the Department's website.
22
(8) The Minister must also arrange for a copy of the report to be tabled
23
in each House of the Parliament, within 15 sitting days of that
24
House after the Minister receives the report.
25
Response to recommendations
26
(9) If the report includes recommendations, the CEO must:
27
(a) prepare a response to each recommendation, as soon as
28
practicable after receiving a copy of the report from the
29
Minister; and
30
Miscellaneous
Part 6
Section 61
No. , 2024
Nature Positive (Environment Protection Australia) Bill 2024
33
(b) arrange for the response to be tabled in each House of the
1
Parliament, within 6 months of the day a copy of the report is
2
tabled in that House; and
3
(c) publish
the response on EPA's website
, as soon as
4
practicable after a copy of the report is first tabled in a House
5
of the Parliament.
6
61 Enforcement of civil penalty provisions
7
Enforcement of civil penalty provisions
8
(1) Each civil penalty provision of this Act is enforceable under Part 4
9
of the Regulatory Powers Act.
10
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
11
be enforced by obtaining an order for a person to pay a pecuniary
12
penalty for the contravention of the provision.
13
Authorised applicant
14
(2) For the purposes of Part 4 of the Regulatory Powers Act, the CEO
15
is an authorised applicant in relation to the civil penalty provisions
16
of this Act.
17
Relevant court
18
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
19
the following courts is a relevant court in relation to the civil
20
penalty provisions of this Act:
21
(a) the Federal Court of Australia;
22
(b) the Federal Circuit and Family Court of Australia
23
(Division 2);
24
(c) a court of a State or Territory that has jurisdiction in relation
25
to the matter.
26
Extension to external Territories
27
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation
28
to the civil penalty provisions of this Act, extends to every external
29
Territory.
30
Part 6
Miscellaneous
Section 62
34
Nature Positive (Environment Protection Australia) Bill 2024
No. , 2024
62 Rules
1
(1) The Minister may, by legislative instrument, make rules
2
prescribing matters:
3
(a) required or permitted by this Act to be prescribed by the
4
rules; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7
(2) To avoid doubt, the rules may not do the following:
8
(a) create an offence or civil penalty;
9
(b) provide powers of:
10
(i) arrest or detention; or
11
(ii) entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of this Act.
16