A Bill for an Act to amend the law relating to the environment, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Commonwealth Environment Protection Authority Act 2021.
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. The whole of this Act | The day after the end of the period of 6 months beginning on the later of: (a) the day this Act receives the Royal Assent; and (b) the day the Consolidated Revenue Fund is appropriated under an Act to the Department in which this Act is administered for payment to the Commonwealth Environment Protection Authority. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Commonwealth Environment Protection Authority
Environment Protection and Biodiversity Conservation Act 1999
1 Before Division 1 of Part 19
Insert:
Division 1A—Commonwealth Environment Protection Authority
Subdivision A—Establishment
@501A Commonwealth Environment Protection Authority
(1) The Commonwealth Environment Protection Authority is established by this section.
(2) The EPA consists of the following:
(a) the CEO;
(b) the Deputy CEOs;
(c) the staff of the EPA;
(d) consultants engaged under section @501ZC.
(2) The function of the EPA is to assist the CEO in the performance of his or her functions.
(3) The CEO has the control of the operations of the EPA.
(4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the EPA is a listed entity; and
(b) the CEO is the accountable authority of the EPA; and
(c) the following persons are officials of the EPA:
(i) the CEO;
(ii) the Deputy CEOs;
(iii) the staff of the EPA;
(iv) consultants engaged under section @501ZC;
(d) the purposes of the EPA include:
(i) the function of the EPA referred to in subsection (2) of this section; and
(ii) the functions of the CEO referred to in section @501C; and
(iii) the functions of the OMCEA referred to in section @501Y.
Subdivision B—Chief Executive Officer
@501B Chief Executive Officer
There is to be a Chief Executive Officer of the Commonwealth Environment Protection Authority.
@501C Functions and powers
(1) The CEO has the following functions:
(a) the functions conferred on the CEO by this Act or other Commonwealth legislation;
Note: Other provisions of this Act give the CEO functions involving exercising the routine administrative environmental regulatory functions of the Commonwealth, monitoring compliance with this Act and enforcing this Act.
(b) the following functions relating to communities:
(i) educating communities about the administration of Commonwealth environmental laws;
(ii) to the extent Commonwealth environmental laws allow for community involvement in the administration of those laws—promoting the take‑up of those opportunities;
(iii) increasing public confidence in the administration of Commonwealth environmental laws;
(c) to make recommendations to the Minister as to regulations that should be made in order to advance the purposes of this Act;
(d) any functions conferred on the CEO by regulations made for the purposes of this paragraph;
(e) any functions incidental to any of the above.
(2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.
(3) In performing his or her functions, the CEO must act effectively, efficiently, equitably and transparently.
CEO solely responsible for performing his or her functions
(4) The Minister must not give directions to the CEO about the performance of the CEO’s functions.
(5) If the Minister gives a direction (whether express or implied) to the CEO contrary to subsection (5), the CEO must disregard the direction.
@501D Appointment
(1) The CEO is to be appointed by the Governor‑General by written instrument.
Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) The CEO holds office for the period specified in the instrument of appointment. The period must be 5 years.
(3) The Governor‑General must not appoint a person as the CEO unless:
(a) the Minister is satisfied that the person qualifies for the appointment because of the person’s knowledge of, or experience in, any of the following:
(i) conservation of biodiversity;
(ii) ecologically sustainable development;
(iii) heritage;
(iv) Indigenous affairs;
(v) law;
(vi) law enforcement;
(vii) natural resource management; and
(b) the Minister has referred the proposed appointment to the joint committee for approval; and
(c) the joint committee has approved the proposed appointment.
(4) The first person appointed as CEO must have knowledge of, or experience in, law enforcement.
(5) The CEO, or at least one of the Deputy CEOs, must be an Indigenous person. This subsection has effect despite Part II of the Racial Discrimination Act 1975.
(6) A person is not eligible to be appointed as CEO if, at any time during the 5 years before the start of the appointment, the person was any of the following:
(a) a member of the Federal Parliament, a State Parliament or the Legislative Assembly of a Territory;
(b) a registered political campaigner (within the meaning of the Commonwealth Electoral Act 1918);
(c) registered as a lobbyist (however described) under a law of a State or Territory or a foreign country;
(d) a senior executive in:
(i) an industry association (whether in Australia or a foreign country); or
(ii) an environmental organisation on the register of environmental organisations kept under Subdivision 30‑E of the Income Tax Assessment Act 1997, or on a similar register in a foreign country.
Note: Under section 29 of the Public Governance, Performance and Accountability Act 2013, and the rules made under that Act, the CEO must, in writing, disclose material personal interests that relate to the affairs of the EPA to the Minister.
@501E Acting CEO
(1) The senior Deputy CEO acts as the CEO:
(a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the CEO:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(2) The senior Deputy CEO is the Deputy CEO who, out of the Deputy CEOs who are:
(a) not absent from duty or from Australia; and
(b) able to perform the duties of their offices;
was appointed first.
@501F Other paid work
The CEO must not engage in paid work outside the duties of the CEO’s office without the Minister’s approval.
@501G Remuneration
(1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.
(2) The CEO is to be paid the allowances that are prescribed by the regulations.
(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of CEO.
Note: The effect of this subsection is that remuneration or allowances of the CEO will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973.
(4) This section has effect subject to the Remuneration Tribunal Act 1973 (except as provided by subsection (3)).
@501H Leave of absence
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
@501J Resignation
(1) The CEO may resign the CEO’s appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
@501K Termination of appointment
(1) The Governor‑General may terminate the appointment of the CEO:
(a) for misbehaviour; or
(b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the CEO’s creditors; or
(iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or
(b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of the CEO’s office (see section @501F).
Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
@501L Terms and conditions of appointment
The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
@501M Delegation by CEO
(1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under any law to:
(a) a Deputy CEO; or
(b) an SES employee, or acting SES employee, in the EPA.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.
(3) This section does not apply to a function or power of the CEO if a law other than this section provides for the delegation of that function or power.
Subdivision C—Deputy Chief Executive Officers
@501N Deputy Chief Executive Officers
(1) There are to be 4 Deputy Chief Executive Officers of the Commonwealth Environment Protection Authority.
(2) A Deputy CEO is to be appointed by the Governor‑General by written instrument.
Note: A Deputy CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(3) A Deputy CEO holds office for the period specified in the instrument of appointment. The period must be 5 years.
(4) The Governor‑General must not appoint a person as a Deputy CEO unless:
(a) the Minister is satisfied that the person qualifies for the appointment because of the person’s knowledge of, or experience in, any of the following:
(i) conservation of biodiversity;
(ii) ecologically sustainable development;
(iii) heritage;
(iv) Indigenous affairs;
(v) law;
(vi) law enforcement;
(vii) natural resource management; and
(b) the Minister has referred the proposed appointment to the joint committee for approval; and
(c) the joint committee has approved the proposed appointment.
(5) At least one of the first 4 Deputy CEOs must have knowledge of, or experience in, law enforcement.
Note: Under subsection @501D(5), the CEO, or at least one of the Deputy CEOs, must be an Indigenous person.
(6) A person is not eligible to be appointed as a Deputy CEO if, at any time during the 5 years before the start of the appointment, the person was any of the following:
(a) a member of the Federal Parliament, a State Parliament or the Legislative Assembly of a Territory;
(b) a registered political campaigner (within the meaning of the Commonwealth Electoral Act 1918);
(c) registered as a lobbyist (however described) under a law of a State or Territory or a foreign country;
(d) a senior executive in:
(i) an industry association (whether in Australia or a foreign country); or
(ii) an environmental organisation on the register of environmental organisations kept under Subdivision 30‑E of the Income Tax Assessment Act 1997, or on a similar register in a foreign country.
@501P Acting appointments
The CEO may, by written instrument, appoint an SES employee or acting SES employee in the EPA to act as a Deputy CEO:
(a) during a vacancy in the office of a Deputy CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a Deputy CEO:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
@501Q Other paid work
A Deputy CEO must not engage in paid work outside the duties of the Deputy CEO’s office without the Minister’s approval.
@501R Remuneration
(1) A Deputy CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.
(2) A Deputy CEO is to be paid the allowances that are prescribed by the regulations.
(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of Deputy CEO.
Note: The effect of this subsection is that remuneration or allowances of a Deputy CEO will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973.
(4) This section has effect subject to the Remuneration Tribunal Act 1973 (except as provided by subsection (3)).
@501S Leave of absence
(1) A Deputy CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant a Deputy CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
@501T Resignation
(1) A Deputy CEO may resign the Deputy CEO’s appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
@501U Termination of appointment
(1) The Governor‑General may terminate the appointment of a Deputy CEO:
(a) for misbehaviour; or
(b) if the Deputy CEO is unable to perform the duties of the Deputy CEO’s office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of a Deputy CEO if:
(a) the Deputy CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the Deputy CEO’s creditors; or
(iv) makes an assignment of the Deputy CEO’s remuneration for the benefit of the Deputy CEO’s creditors; or
(b) the Deputy CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Deputy CEO engages, except with the Minister’s approval, in paid work outside the duties of the Deputy CEO’s office (see section @501Q);
(d) the Deputy CEO fails, without reasonable excuse, to comply with section @501V.
@501V Disclosure of interests to the Minister
A Deputy CEO must give written notice to the Minister of all interests, pecuniary or otherwise, that the Deputy CEO has or acquires and that conflict or could conflict with the proper performance of the Deputy CEO’s functions.
@501W Terms and conditions of appointment
A Deputy CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
@501X Delegation by Deputy CEO
(1) A Deputy CEO may, in writing, delegate all or any of the CEO’s functions or powers (including a function or power delegated to the Deputy CEO under section @501M) to an SES employee, or acting SES employee, in the EPA.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Deputy CEO.
(3) This section does not apply to a function or power of a Deputy CEO if:
(a) a law other than this section provides for the delegation of that function or power; or
(b) the power was delegated to the Deputy CEO under a provision other than section @501M.
Subdivision D—Monitoring, compliance, enforcement and assurance
@501Y Office of Monitoring, Compliance, Enforcement and Assurance
(1) There is to be within the EPA an Office of Monitoring, Compliance, Enforcement and Assurance of the Commonwealth Environment Protection Authority.
(2) The OMCEA must include a Deputy CEO.
(3) The OMCEA has the function of assisting the CEO in performing his or her functions, to the extent those functions relate to monitoring compliance with, and enforcing, Commonwealth environmental laws.
@501Z CEO must consult Auditor General
(1) The CEO must consult the Auditor‑General in establishing the EPA’s monitoring, compliance, enforcement and assurance systems.
(2) The Auditor‑General must conduct performance audits of the EPA’s monitoring, compliance, enforcement and assurance systems:
(a) 3 years after the commencement of this section; and
(b) at such times occurring:
(i) after the first audit; and
(ii) before 1 January 2036;
as the Auditor‑General considers appropriate, such that no more than 5 years occurs between audits.
@501ZA Monitoring plans
Before the CEO, under a Commonwealth environmental law:
(a) grants an approval, permit, licence or other permission (however described) subject to conditions; or
(b) imposes new conditions on such an approval etc.;
the CEO must develop a plan to monitor compliance with the conditions.
Subdivision E—Staff and consultants
@501ZB Staff
(1) The staff of the EPA must be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
@501ZC Consultants
The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the CEO’s functions.
Subdivision F—Miscellaneous
@501ZD Fees
(1) The CEO may charge a fee for the performance of any of the CEO’s or EPA’s functions.
(2) Subsection (1) does not apply to performing a function:
(a) on the CEO’s own initiative; or
(b) if a Commonwealth law other than this Division deals with the charging of fees for the performance of that function.
@501ZE Annual report
The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include details about the action the CEO took during the year to establish and maintain the EPA’s monitoring, compliance, enforcement and assurance systems, including the following:
(a) any advice the Auditor‑General gave to the CEO under subsection @501Z(1) during the year;
(b) any action the CEO has taken during the year in response to advice given by the Auditor‑General under subsection @501Z(1);
(c) if the Auditor‑General conducted an audit under subsection @501Z(2) during the year—a copy of the Auditor‑General’s report of the audit.
@501ZF Vacancies to be filled as soon as practicable
If a vacancy occurs in the office of CEO or in an office of Deputy CEO, the Minister and the joint committee must take all reasonable steps to ensure that the vacancy is filled as soon as practicable.
Division 1B—Parliamentary Joint committee on Environment and Energy
@501ZG Parliamentary Joint committee on Environment and Energy
(1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint committee on Environment and Energy is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.
(2) The joint committee is to consist of 12 members:
(a) 6 of whom must be members of the Senate appointed by the Senate, and 6 of whom must be members of the House of Representatives appointed by that House; and
(b) 5 of whom must be members of the Government; and
(c) 5 of whom must be members of the Opposition; and
(d) 2 of whom must be members of the Parliament other than members of the Government or Opposition.
(3) The co‑Chairs of the joint committee are to be:
(a) the joint committee member nominated as co‑Chair by the Prime Minister; and
(b) the joint committee member nominated as co‑Chair by the leader of the Opposition.
(4) A member of the Parliament is not eligible for appointment as a joint committee member if the member is:
(a) a Minister; or
(b) the President of the Senate; or
(c) the Speaker of the House of Representatives; or
(d) the Deputy President and Chair of Committees of the Senate or the Deputy Speaker of the House of Representatives.
(5) A joint committee member ceases to hold office:
(a) when the House of Representatives expires by the passing of time or is dissolved; or
(b) if the joint committee member becomes the holder of an office specified in any of the paragraphs of subsection (4); or
(c) if the joint committee member ceases to be a member of the House of the Parliament by which the joint committee member was appointed; or
(d) if the joint committee member resigns his or her office as provided by subsection (6) or (7).
(6) A joint committee member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.
(7) A joint committee member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.
(8) Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the joint committee appointed by that House.
@501ZH Powers and proceedings of the joint committee
All matters relating to the powers and proceedings of the joint committee are to be determined by resolution of both Houses of the Parliament.
@501ZJ Duties of the joint committee
(1) The joint committee has the following duties:
(a) to monitor the CEO’s performance of his or her functions;
(b) to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter connected with the performance of the CEO’s function that the joint committee considers should be directed to the attention of Parliament;
(c) to examine each annual report prepared by the CEO under the Public Governance, Performance and Accountability Act 2013 and report to both Houses of the Parliament on any matter appearing in, or arising out of, any such annual report or special report;
(d) to inquire into any question in connection with the joint committee’s duties that is referred to it by either House of the Parliament, and to report to that House on that question;
(e) to consider proposed appointments to the offices of CEO and Deputy CEO (see subsections @501D(3) and @501N(4));
(f) to make recommendations to both Houses of the Parliament, the Minister and the CEO on:
(i) draft estimates referred to in section @501ZK; and
(ii) what proportion of the EPA’s budget should be spent on monitoring, compliance, enforcement and assurance.
(2) Subsection (1) does not authorise the joint committee to reconsider the CEO’s decisions or recommendations in relation to a particular decision under a Commonwealth environmental law.
@501ZK Estimates
(1) Without limiting section @501ZH, the joint committee may request the CEO to submit to the joint committee draft estimates for the EPA for a financial year before the Federal budget for that financial year.
(2) The CEO must comply with the request in time to allow the joint committee to consider the draft estimates and make recommendations on them before the budget.
501ZL Review of Commonwealth environmental laws
The joint committee must:
(a) regularly review Commonwealth environmental laws; and
(b) if the joint committee reasonably believes that the purposes of those laws would be better achieved if any functions under those laws were transferred to the CEO—recommend to both Houses of the Parliament and the Minister that the functions be transferred to the CEO.
2 Section 528
Insert:
CEO means the Chief Executive Officer of the Commonwealth Environment Protection Authority.
Commonwealth environmental law means any of the following:
(a) an environmental law;
(b) the Water Act 2007;
(c) an Act or legislative instrument (other than an Act or instrument specified by the regulations for the purposes for this paragraph) that has, as its purpose or one of its purposes, the purpose of protecting the environment;
(d) an Act specified by the regulations for the purposes of this paragraph;
(e) a legislative instrument (other than a legislative instrument specified by the regulations for the purposes of this paragraph) made under another Commonwealth environmental law.
Deputy CEO means a Deputy Chief Executive Officer of the Commonwealth Environment Protection Agency.
EPA means the Commonwealth Environment Protection Authority.
joint committee means the Parliamentary Joint committee on Environment and Energy.
joint committee member means a member of the joint committee.
OMCEA means the Office of Monitoring, Compliance, Enforcement and Assurance of the Commonwealth Environment Protection Authority.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
senior Deputy CEO: see subsection @501E(2).
Part 2—Consequential amendments
Environment Protection and Biodiversity Conservation Act 1999
3 At the end of section 28
Add:
(6) Before making a declaration under this section, the Minister must consult the CEO.
4 At the end of Division 1 of Part 4
Add:
31A CEO’s call‑in powers
Despite section 29, the CEO may, by legislative instrument, declare that, for the purposes of the CEO’s functions and powers relating to monitoring compliance with this Act:
(a) a specified bilateral agreement is to be disregarded; and
(b) a specified action covered by the agreement is taken to have been approved under Part 9.
5 At the end of section 33
Add:
Consultation with CEO
(9) The Minister must consult the CEO before:
(a) making a declaration under subsection (1); or
(b) making an instrument under subsection (3).
6 After subsections 35(1) and 36A(1)
Insert:
(1A) Before making an instrument under subsection (1), the Minister must consult the CEO.
7 At the end of Subdivision C of Division 3 of Part 4
Add:
37JA Consultation with CEO
Before making a declaration under section 37A, the Minister must consult the CEO.
8 After subsection 37K(1)
Insert:
(1A) Before making an instrument under subsection (1), the Minister must consult the CEO.
9 At the end of section 46
Add:
Consultation with CEO
(11) The Minister must consult the CEO before:
(a) entering into an agreement under subsection (1); or
(b) accrediting something under subsection (3).
10 After subsection 56A(1)
Insert:
(1A) Before making a determination under paragraph (1)(c), the Minister must consult the CEO.
11 Subsection 58(1)
After “must consult”, insert “the CEO and”.
12 After subsections 60(2) and 62(2)
Insert:
(2A) Before making a decision under subsection (2), the Minister must consult the CEO.
13 Section 66
Omit “Minister” (first, third and fourth occurring), substitute “CEO”.
14 Subsection 68(1)
Omit “Minister”, substitute “CEO”.
15 Subsection 68(1)
Omit “Minister’s”, substitute “CEO’s”.
16 Subsection 68(2)
Omit “Minister”, substitute “CEO”.
17 Subsection 68(2)
Omit “Minister’s”, substitute “CEO’s”.
18 Subsection 68(5)
Omit “Minister” (wherever occurring), substitute “CEO”.
19 Sections 68A to 73A
Omit “Minister” (wherever occurring), substitute “CEO”.
20 Subsection 74(1) (heading)
Omit “other”.
21 Subsection 74(1)
Omit “Minister (the Environment Minister)”, substitute “CEO”.
22 Paragraph 74(1)(a)
Omit “other Minister whom the Environment Minister”, substitute “Minister whom the CEO”.
23 Paragraph 74(1)(b)
Omit “other Minister informed to give the Environment Minister”, substitute “Minister informed to give the CEO”.
24 Subsections 74(1A) and (1B)
Omit “Minister” (wherever occurring), substitute “CEO”.
25 Subsections 74(2) and (3)
Omit “Environment Minister” (wherever occurring), substitute “CEO”.
26 Paragraph 74(3)(b)
Omit “Minister”, substitute “CEO”.
27 Subsection 74(3A)
Omit “Environment Minister”, substitute “CEO”.
28 Subsection 74(3A)
Omit “the Minister”, substitute “the CEO”.
29 Subsection 74(3B)
Omit “Environment Minister”, substitute “CEO”.
30 Subsection 74(3B)
Omit “the Minister”, substitute “the CEO”.
31 Sections 74A to 74B
Omit “Minister” (wherever occurring), substitute “CEO”.
32 Subsection 74C(1)
Omit “Minister” (wherever occurring), substitute “CEO”.
33 Paragraph 74C(2)(a)
Omit “Minister”, substitute “CEO”.
34 Paragraph 74C(2)(b)
Omit “Minister’s”, substitute “CEO’s”.
35 Paragraph 74C(3)(b) and (c)
Omit “Minister”, substitute “CEO”.
36 Section 74D (heading)
Omit “Minister”, substitute “CEO”.
37 Subsection 74D(1)
Omit “Minister” (first occurring), substitute “CEO”.
38 Paragraph 74D(2)(a)
Omit “Minister”, substitute “CEO”.
39 Paragraph 74D(2)(b)
Omit “Minister’s”, substitute “CEO’s”.
40 Subparagraph 74D(2)(c)(ii)
Omit “Minister’s”, substitute “CEO’s”.
41 Paragraph 74D(3)(b)
Omit “Minister” (wherever occurring), substitute “CEO”.
42 Subsections 74D(4) to (6)
Omit “Minister” (wherever occurring), substitute “CEO”.
43 Division 2 of Part 7 (heading)
Omit “Ministerial decision”, substitute “Decision”.
44 Sections 75 to 77A
Omit “Minister” (wherever occurring), substitute “CEO”.
45 Subsection 78(1) (not including the notes)
Omit “Minister”, substitute “CEO”.
46 Subsection 78(1) (notes 2 and 3)
Omit “the Minister” (wherever occurring), substitute “the CEO”.
47 Subsections 78(2) to (7)
Omit “Minister”, substitute “CEO”.
48 Section 78A
Omit “the Minister” (wherever occurring), substitute “the CEO”.
49 Section 78B (heading)
Omit “Minister”, substitute “CEO”.
50 Subsection 78B(1)
Omit “The Minister (the Environment Minister)”, substitute “The CEO”.
51 Subsections 78B(2) and (3)
Omit “Environment Minister” (wherever occurring), substitute “CEO”.
52 Subsection 78B(3)
Omit “Minister” (second and third occurring), substitute “CEO”.
53 Subsection 78B(4) (heading)
Omit “other”.
54 Subsection 78B(4)
Omit “Environment Minister must”, substitute “CEO must”.
55 Paragraph 78B(4)(a)
Omit “other Minister who the Environment Minister”, substitute “Minister who the CEO”.
56 Paragraph 78B(4)(b)
Omit “Environment Minister”, substitute “CEO”.
57 Subsections 78B(5) and (6)
Omit “Environment Minister” (wherever occurring), substitute “CEO”.
58 Section 78C (heading)
Omit “Minister”, substitute “CEO”.
59 Subsections 78C(1) and (2)
Omit “Minister” (first occurring), substitute “CEO”.
60 Subsections 78C(3) and (4)
Omit “Minister” (wherever occurring), substitute “CEO”.
61 Subsection 79(1)
Omit “Minister (the Environment Minister)”, substitute “CEO”.
62 Subsection 79(2)
Omit “Environment Minister”, substitute “CEO”.
63 Subsection 79(2)
Omit “Environment Minister’s”, substitute “CEO’s”.
64 Subsection 79(3)
Omit “Environment Minister”, substitute “CEO”.
65 Section 80
Omit “Ministerial”, substitute “CEO”.
66 Sections 80 to 90
Omit “Minister” (wherever occurring), substitute “CEO”.
67 Subsection 91(1)
Omit “Minister” (first occurring), substitute “CEO”.
68 Subsections 91(1A) and (2)
Omit “Minister”, substitute “CEO”.
69 Sections 92 to 95
Omit “Minister” (wherever occurring), substitute “CEO”.
70 Subsections 95A(1) to (3)
Omit “Minister” (wherever occurring), substitute “CEO”.
71 Paragraph 95A(3)(c)
Omit “Minister’s”, substitute “CEO’s”.
72 Subsection 95A(4) (note)
Omit “Minister”, substitute “CEO”.
73 Sections 95B to 96B
Omit “Minister” (wherever occurring), substitute “CEO”.
74 Subsections 97(1) and (2)
Omit “Minister” (wherever occurring), substitute “CEO”.
75 Paragraph 97(3)(b)
Omit “Minister administering this section”, substitute “CEO”.
76 Subsections 97(3A) and (5)
Omit “Minister” (wherever occurring), substitute “CEO”.
77 Paragraph 98(1)(ab)
Omit “Minister”, substitute “CEO”.
78 Paragraph 98(1)(b)
Omit “Minister’s”, substitute “CEO’s”.
79 Subsections 98(1) and (2)
Omit “Minister” (wherever occurring), substitute “CEO”.
80 Sections 99 to 101B
Omit “Minister” (wherever occurring), substitute “CEO”.
81 Subsections 102(1) to (2)
Omit “Minister” (wherever occurring), substitute “CEO”.
82 Paragraph 102(3)(b)
Omit “Minister administering this section”, substitute “CEO”.
83 Subsections 102(3A) and (5)
Omit “Minister” (wherever occurring), substitute “CEO”.
84 Paragraph 103(1)(ab)
Omit “Minister”, substitute “CEO”.
85 Paragraph 103(1)(b)
Omit “Minister’s”, substitute “CEO’s”.
86 Subsections 103(2) and (3)
Omit “Minister” (wherever occurring), substitute “CEO”.
87 Sections 104 to 106
Omit “Minister” (wherever occurring), substitute “CEO”.
88 Subsection 107(1)
Omit “Minister decides that the relevant impacts of an action must be assessed by inquiry under this Division, the Minister”, substitute “CEO decides that the relevant impacts of an action must be assessed by inquiry under this Division, or that the relevant impacts of the action must be assessed by an environmental impact statement under Division 6, the CEO”.
89 Subparagraph 107(1)(b)(ii)
Omit “Minister”, substitute “CEO”.
90 Subsection 107(1) (note 1)
Omit “Minister”, substitute “CEO”.
91 After subsection 107(1)
Insert:
(1A) The CEO must not appoint a person as a commissioner unless the CEO is satisfied that the person qualifies for the appointment because of the person’s knowledge of, or experience in, any of the following:
(a) conservation of biodiversity;
(b) ecologically sustainable development;
(c) heritage;
(d) Indigenous affairs;
(e) law;
(f) natural resource management.
92 Subsections 107(2) and (3)
Omit “Minister” (wherever occurring), substitute “CEO”.
93 Subsection 107(4)
Omit “Minister may”, substitute “CEO may”.
94 Paragraph 107(4)(b)
Omit “Minister administering this section”, substitute “CEO”.
95 Subsections 107(4A) and (5)
Omit “Minister” (wherever occurring), substitute “CEO”.
96 Section 108
Omit “Minister” (wherever occurring), substitute “CEO”.
97 After section 110
Insert:
110A Funding witnesses and submissions
The CEO may provide financial assistance for the purposes of helping community representatives to seek independent expertise to prepare evidence and present submissions to an inquiry under this Division.
Note: See section 522.
110B CEO may make submissions to inquiry
(1) The CEO may make a submission to a commission, including a submission relating to an assertion contained in an application, environmental impact statement, or any other evidence given to the commission.
(2) For the purposes of preparing a submission under subsection (1), the CEO may exercise the powers of a commissioner under this Subdivision as if the CEO were a commissioner conducting an inquiry.
98 Sections 118 to 122
Omit “Minister” (wherever occurring), substitute “CEO”.
99 Subsections 123(2) and (3)
Omit “Minister’s”, substitute “CEO’s”.
100 Subsection 125(2)
Omit “Minister” (wherever occurring), substitute “CEO”.
101 Section 126
Omit “Minister’s”, substitute “CEO’s”.
102 Subsections 127(1) and (2)
Omit “Minister” (wherever occurring), substitute “CEO”.
103 Subsection 127(3)
Omit “Minister must”, substitute “CEO must”.
104 Paragraph 127(3)(b)
Omit “Minister’s”, substitute “CEO’s”.
105 Subsection 127(4)
Omit “Minister must”, substitute “CEO must”.
106 Paragraph 127(4)(b)
Omit “Minister’s”, substitute “CEO’s”.
107 Sections 128 and 129
Omit “Minister” (wherever occurring), substitute “CEO”.
108 Section 130
Omit “Minister” (wherever occurring), substitute “CEO”.
109 Subsection 131(1)
Omit “Minister (the Environment Minister)”, substitute “CEO”.
110 Paragraph 131(1)(a)
Omit “other Minister whom the Environment Minister believes has administrative responsibilities relating to the action of the decision the Environment Minister”, substitute “Minister whom the CEO believes has administrative responsibilities relating to the action of the decision the CEO”.
111 Paragraph 131(1)(b)
Omit “other Minister to give the Environment Minister”, substitute “Minister to give the CEO”.
112 Paragraph 131(2)(b)
Omit “Environment Minister”, substitute “CEO”.
113 Subsections 131AA(1) to (6)
Omit “Minister” (wherever occurring), substitute “CEO”.
114 Paragraph 131AA(7)(a)
Omit “Minister’s”, substitute “CEO’s”.
115 Paragraph 131AA(7)(b)
Omit “Minister”, substitute “CEO”.
116 Paragraph 131AA(7)(b)
Omit “Minister’s”, substitute “CEO’s”.
117 Sections 131AB and 131A
Omit “Minister” (wherever occurring), substitute “CEO”.
118 After section 131A
Insert:
131B CEO may conduct inquiries
(1) Before the CEO decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to an approval, the CEO may conduct an inquiry into any of the assertions made in the application, an environmental impact statement or any other evidence given in connection with the application.
(2) For the purposes of subsection (1), Subdivision C of Division 7 of Part 9 applies in relation to an inquiry by the CEO under subsection (1) of this section in the same way that section applies in relation to an inquiry by a commissioner.
119 Section 132
Omit “Minister” (first and second occurring), substitute “CEO”.
120 Paragraph 132(e)
Omit “Minister”, substitute “CEO”.
121 Subsection 132A(3)
Omit “Minister (the Environment Minister)”, substitute “CEO”.
122 Subsection 132A(3)
Omit “Environment Minister” (wherever occurring), substitute “CEO”.
123 Sections 132B to 145A
Omit “Minister” (wherever occurring), substitute “CEO”.
124 Section 145B (heading)
Omit “Minister’s”, substitute “CEO’s”.
125 Subsection 145B(1)
Omit “Minister”, substitute “CEO”.
126 Subsection 145B(2) (heading)
Omit “Minister”, substitute “CEO”.
127 Subsection 145B(2)
Omit “Minister” (first occurring), substitute “CEO”.
128 Subsection 145B(2)
Omit “Minister’s”, substitute “CEO’s”.
129 Subsection 145B(2)
Omit “Minister” (last occurring), substitute “CEO”.
130 Subsection 145B(3)
Omit “Minister” (first occurring), substitute “CEO”.
131 Paragraph 145B(3)(a)
Omit “Minister” (first occurring), substitute “CEO”.
132 Paragraphs 145B(3)(a) and (b)
Omit “Minister’s”, substitute “CEO’s”.
133 Subsections 145B(4) and (5)
Omit “Minister”, substitute “CEO”.
134 Sections 145C to 145E
Omit “Minister” (wherever occurring), substitute “CEO”.
135 At the end of Part 9
Add:
Division 6—Powers of CEO in exceptional circumstances
145F Powers of CEO in exceptional circumstances
(1) This section applies if an approval of the taking of an action under this Part is in force.
(2) Despite anything else in this Part, the CEO may, by written instrument, attach a condition to the approval if the CEO is satisfied on reasonable grounds that:
(a) the applicant, in connection with the approval, intentionally mispresented the impact of the action on the environment (whether in the application, an environmental impact statement or in any other document or evidence); and
(b) the action constitutes a significant threat to the environment; and
(c) attaching the condition is likely to mitigate that threat; and
(d) it is not practicable, in the circumstances, to attach the condition under the other provisions of this Division.
(3) Despite anything else in this Part, the CEO may, by written instrument, suspend or revoke the approval if the CEO is satisfied on reasonable grounds that:
(a) the applicant, in connection with the approval, intentionally mispresented the impact of the action on the environment (whether in the application, an environmental impact statement or in any other document or evidence);
(b) the action constitutes a significant threat to the environment; and
(c) the suspension or termination is likely to mitigate that threat; and
(d) attaching conditions under subsection (2) would not be a sufficient response to the threat; and
(e) it is not practicable, in the circumstances, to suspend or revoke the approval under the other provisions of this Division.
(4) As soon as possible after making an instrument under subsection (2) or (3), the Minister must:
(a) give a copy of it to the holder of the approval; and
(b) publish the instrument in accordance with the regulations.
136 At the end of section 146
Add:
(4) The CEO must be consulted before:
(a) the Minister enters into an agreement under subsection (1); or
(b) terms of reference are finalised as mentioned in subparagraph (1B)(b)(iii); or
(c) the Minister endorses a report as mentioned in paragraph (2)(f).
137 Section 146B
Omit “Minister” (wherever occurring), substitute “CEO”.
138 Section 146C (heading)
Omit “other”.
139 Subsection 146C(1)
Omit “Minister (the Environment Minister)”, substitute “CEO”.
140 Paragraph 146C(1)(a)
Omit “the Minister whom the Environment Minister”, substitute “Minister whom the CEO”.
141 Paragraphs 146C(1)(b) and (2)(b)
Omit “Environment Minister”, substitute “CEO”.
142 Sections 146D to 146M
Omit “Minister” (wherever occurring), substitute “CEO”.
143 Sections 155 to 156F
Omit “Minister” (wherever occurring), substitute “CEO”.
144 After subsection 158(5)
Insert:
(5A) Before making a notice, the Minister must consult the CEO.
145 Paragraph 158A(2)(a)
Omit “Minister”, substitute “CEO”.
146 Subdivision A of Division 4 of Part 11 (heading)
Omit “Minister’s”, substitute “CEO’s”.
147 Section 159
Omit “Minister” (wherever occurring), substitute “CEO”.
148 Section 160 (heading)
Omit “Minister’s”, substitute “CEO’s”.
149 Subsection 160(1)
Omit “Minister”, substitute “CEO”.
150 Subsection 160(1A) (heading)
Omit “Minister”, substitute “CEO”.
151 Paragraphs 160(1A)(a) and (b)
Omit “Minister”, substitute “CEO”.
152 Paragraph 160(4)(a)
Omit “Minister’s”, substitute “CEO’s”.
153 Section 161 (heading)
Omit “Minister’s”, substitute “CEO’s”.
154 Subsection 161(1)
Omit “Minister’s”, substitute “CEO’s”.
155 Subsections 161(1) and (2)
Omit “Minister” (wherever occurring), substitute “CEO”.
156 Subsection 161(2) and (3)
Omit “Minister’s” (wherever occurring), substitute “CEO’s”.
157 Section 161A to 163
Omit “Minister” (wherever occurring), substitute “CEO”.
158 Section 164
Omit “Minister’s” (first occurring), substitute “CEO’s”.
159 Section 164
Omit “Minister”, substitute “CEO”.
160 Paragraphs 164(a) and (b)
Omit “Minister’s”, substitute “CEO’s”.
161 Section 166 (heading)
Before “Ministers”, insert “CEO and State”.
162 Subsections 166(1) and (3) and 167(1) and (2)
Omit “Minister” (first occurring), substitute “the CEO”.
163 Subsection 167(3) (heading)
Omit “Minister”, substitute “CEO”.
164 Subsection 167(3)
Omit “Minister”, substitute “CEO”.
165 Section 168
Omit “Minister” (wherever occurring), substitute “CEO”.
166 Paragraphs 169(2)(a), (b) and (c)
Omit “Minister”, substitute “CEO”.
167 Subsection 169(4) (heading)
Omit “Minister” (first occurring), substitute “CEO”.
168 Subsection 169(4)
Omit “Minister” (first occurring), substitute “CEO”.
169 Paragraph 170(b)
Omit “the Minister” (wherever occurring), substitute “the CEO”.
170 Section 170A
Omit “Secretary”, substitute “CEO”.
171 Paragraph 170A(a)
Omit “Minister”, substitute “CEO”.
172 Paragraphs 170A(b) to (ia)
Omit “Minister”, substitute “CEO”.
173 Sections 170B and 170BA
Omit “Minister” (wherever occurring), substitute “CEO”.
174 At the end of section 170BA
Add:
(8) This section does not apply to biodiversity conservation, heritage or environmental protection data to which section 170BB applies.
175 At the end of Division 5 of Part 11
Add:
170BB CEO may require documentation to be machine‑readable etc.
(1) This section applies to biodiversity conservation, heritage or environmental protection data that a person is required to publish under Division 4, 5, 6 or 7 of Part 8, other than data that a person is directed not to disclose under section 170B.
(2) The CEO may, by notice in writing given to the person, require the person:
(a) to give the data to the CEO in a specified electronic format; or
(b) to take all reasonable steps to have the data published in a specified way, including:
(i) on the EPA’s website; or
(ii) in the Atlas of Living Australia.
(3) The person must comply with the requirement in the notice.
Civil penalty:
(a) for an individual—100 penalty units;
(b) for a body corporate—1,000 penalty units.
176 Sections 170C and 170CA
Omit “Minister” (wherever occurring), substitute “CEO”.
177 Division 1 of Part 12
Omit “Minister” (wherever occurring), substitute “CEO”.
178 Sections 200 to 207A
Omit “Minister” (wherever occurring), substitute “CEO”.
179 After subsection 208A(1)
Insert:
(1A) Before making an instrument under subsection (1), the Minister must consult the CEO.
180 Sections 215 to 221A
Omit “Minister” (wherever occurring), substitute “CEO”.
181 After subsection 222A(1)
Insert:
(1A) Before making an instrument under subsection (1), the Minister must consult the CEO.
182 Sections 237 to 243A
Omit “Minister” (wherever occurring), substitute “CEO”.
183 After subsection 245(1)
Insert:
(1A) Before making an instrument under subsection (1), the Minister must consult the CEO.
184 Sections 257 to 263A
Omit “Minister” (wherever occurring), substitute “CEO”.
185 After subsection 265(1)
Insert:
(1A) Before making an instrument under subsection (1), the Minister must consult the CEO.
186 After subsection 303A(5)
Insert:
(5A) Before granting an exemption, the Minister must consult the CEO.
187 Sections 303CE to 303CG, 303CI, 303CK, 303DE to 303DJ and 303EL to 303EQ
Omit “Minister” (wherever occurring), substitute “CEO”.
188 Sections 303GA to 303GD
Omit “Minister” (wherever occurring), substitute “CEO”.
189 Subsection 303GE(2)
Omit “Minister”, substitute “CEO”.
190 Subsection 303GE(4)
Omit “Minister’s” (wherever occurring), substitute “CEO’s”.
191 Sections 303GG to 303GX
Omit “Minister” (wherever occurring), substitute “CEO”.
192 After subsection 306A(1)
Insert:
(1A) Before entering into a conservation agreement, the Minister must consult the CEO.
193 Section 391 (heading)
After “Minister”, insert “and CEO”.
194 Subsection 391(1)
After “Minister”, insert “or CEO”.
195 Section 392
Before “The Minister”, insert “(1)”.
196 At the end of section 392
Insert:
(2) The CEO may, in writing, appoint:
(a) an employee of the EPA; or
(b) a person covered by an arrangement made under section 393;
to be a warden or ranger.
197 Subsection 393(1)
After “The Secretary”, insert “or the CEO”.
198 Subsection 393(2)
After “The Minister”, insert “or the CEO”.
199 Subsection 393(4)
After “The Director”, insert “or the CEO”.
200 Sections 395 and 396
After “Minister” (wherever occurring), insert “or CEO”.
201 Subsections 398(1) and (3)
After “The Minister”, insert “or CEO”.
202 Subsection 398(4)
After “the Minister” (wherever occurring), insert “or CEO”.
203 Section 399
After “Minister” (wherever occurring), insert “or CEO”.
204 Subsection 438(3)
After “Secretary”, insert “or CEO”.
205 Paragraph 438(4)(c)
After “Secretary”, insert “, the CEO”.
206 Section 444C
After “Secretary” (wherever occurring), insert “or CEO”.
207 Subsection 444G(3)
After “Secretary”, insert “or CEO”.
208 Paragraph 444G(4)(c)
After “Secretary”, insert “, the CEO”.
209 Subsection 446(1B)
After “Secretary”, insert “or CEO”.
210 Paragraph 446(1C)(c)
After “Secretary”, insert “or CEO”.
211 Paragraph 446(1C)(d)
After “Secretary”, insert “, the CEO”.
212 Sections 449 to 454
After “Secretary” (wherever occurring), insert “or CEO”.
213 Subsection 456AB(3)
After “Secretary”, insert “or CEO”.
214 Paragraph 456AB(4)(c)
After “Secretary”, insert “or CEO”.
215 Paragraph 456AB(4)(d)
After “Secretary”, insert “, the CEO”.
216 Subsection 456AC(3)
After “Secretary”, insert “, the CEO”.
217 Paragraph 456AC(4)(b)
After “Secretary”, insert “or CEO”.
218 Paragraph 456AC(4)(c)
After “Secretary”, insert “, the CEO”.
219 Sections 458 and 459
After “Minister” (wherever occurring), insert “or CEO”.
220 Paragraph 460(1)(c)
After “Minister’s”, insert “or CEO’s”.
221 Subsection 461(2)
After “Minister” (wherever occurring), insert “or CEO”.
222 After paragraph 475(1)(a)
Insert:
(aa) the CEO; or
223 Subsection 476(1)
Omit “the Minister”, substitute “, the Minister or the CEO”.
224 At the end of subsection 480A(5)
Add “or CEO”.
225 Section 480B
After “Minister”, insert “or CEO”.
226 Division 14B of Part 17 (heading)
Repeal the heading, substitute:
Division 14B—Remediation determinations
227 Section 480D to 480H
After “Minister” (wherever occurring), insert “or CEO”.
228 Section 480J (heading)
Repeal the heading, substitute:
480J Reconsideration of remedial determinations
229 Subsection 480J(1)
After “Minister”, insert “or CEO (whoever made the determination)”.
230 Subsections 480J(2) to (4)
After “Minister”, insert “or CEO”.
231 Paragraphs 480JK(4)(a) and (b)
After “Minister’s”, insert “or CEO’s”.
232 Paragraph 480K(1)(c)
Omit “by the Minister”.
233 Subsection 480L(1)
Repeal the subsection, substitute:
(1) If the Minister:
(a) makes a remediation determination; and
(b) considers that the specified person has contravened the remediation determination;
the Minister may apply to the Federal Court for an order under subsection (2).
(1A) If the CEO:
(a) makes a remediation determination; and
(b) considers that the specified person has contravened the remediation determination;
the CEO may apply to the Federal Court for an order under subsection (2).
234 Subsection 480N(1)
Repeal the subsection, substitute:
(1) The Minister or CEO may, in writing, vary or revoke a remediation determination that he or she made.
235 Subsection 481(1)
After “the Minister”, insert “or CEO”.
236 Subsections 486DA (1) and (2)
After “the Minister” (wherever occurring), insert “or CEO”.
237 At the end of subsection 486DA(3)
Add “or CEO (whoever accepted the undertaking)”.
238 Subsections 486DB(1) and 486E(1)
After “the Minister” (wherever occurring), insert “or CEO”.
239 Subsection 486E(2) (at the end of the definition of official)
Add
; (f) the CEO;
(g) a Deputy CEO;
(h) a member of the staff of the EPA.
240 Sections 486F and 486G
After “Minister” (wherever occurring), insert “or CEO”.
241 Paragraphs 489(1)(a) and (2A)(a)
Omit “or 13A”, substitute “, 13A or 17”.
242 After subparagraph 491(1)(b)(iii)
Insert:
(iiia) the CEO; or
(iiib) a Deputy CEO; or
(iiic) a member of the staff of the EPA; or
243 Subsection 498(1)
After “Minister”, insert “or CEO”.
244 Paragraph 498(2)(a)
After “Minister’s”, insert “or CEO’s”.
245 Subsection 498A(1)
Omit “An authorised officer or ranger”, substitute “A person to whom subsection (3) applies”.
246 Subparagraph 498A(1)
Omit “the officer or ranger”, substitute “the person”.
247 Subsection 498A(1)
Omit “(in the case of an authorised officer)”.
248 Subsection 498A(2)
Omit “an authorised officer or ranger”, substitute “person to whom subsection (3) applies (the main officer)”.
249 Subsection 498A(2)
Omit “officer or ranger” (second and third occurring), substitute “main officer”.
250 Subsection 498A(2)
Omit “(in the case of an authorised officer)”.
251 Subsection 498A(2)
Omit “the officer or ranger” (last occurring), substitute “main officer”.
252 At the end of section 498
Add:
(3) This subsection applies to:
(a) an authorised officer; or
(b) a ranger; or
(c) the CEO, a Deputy CEO or a member of the staff of the EPA.
253 At the end of Part 17
Add:
Division 23—Regulatory powers
498C Monitoring powers
(1) This Act is subject to monitoring under Part 2 of the Regulatory Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.
(2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.
(3) For the purposes of Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions of this Act:
(a) the CEO is an authorised applicant; and
(b) each of the following is an authorised person:
(i) the CEO;
(ii) a Deputy CEO;
(iii) a person nominated in writing by the CEO for purposes of this subparagraph; and
(c) a magistrate is an issuing officer; and
(d) the Federal Court is the relevant court.
Use of force in executing a warrant
(4) In executing a monitoring warrant:
(a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and
(b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.
498D Investigation powers
(1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
(a) an offence against this Act; or
(b) a civil penalty provision of this Act; or
(c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.
(2) For the purposes of Part 3 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection (1):
(a) the CEO is an authorised applicant and the relevant chief executive; and
(b) each of the following is an authorised person:
(i) the CEO;
(ii) a Deputy CEO;
(iii) a person nominated in writing by the CEO for purposes of this subparagraph; and
(c) a magistrate is an issuing officer; and
(d) the Federal Court is the relevant court.
Use of force in executing a warrant
(3) In executing an investigation warrant:
(a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and
(b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.
498E Infringement notices
(1) A civil penalty provision of this Act or strict liability offence against this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
(2) For the purposes of Part 5 of the Regulatory Powers Act:
(a) each of the following is an infringement officer in relation to the provisions mentioned in subsection (1):
(i) the CEO;
(ii) a Deputy CEO;
(iii) a person nominated in writing by the CEO for purposes of this subparagraph; and
(b) the CEO is the relevant chief executive in relation to the provisions mentioned in subsection (1).
498F Enforceable undertakings
(1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
(2) For the purposes of Part 6 of the Regulatory Powers Act:
(b) each of the following is an authorised person in relation to the provisions mentioned in subsection (1):
(i) the CEO;
(ii) a Deputy CEO;
(iii) a person nominated in writing by the CEO for purposes of this subparagraph; and
(b) the Federal Court is a relevant court in relation to the provisions mentioned in subsection (1).
498G Injunctions
(1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
(2) For the purposes of Part 7 of the Regulatory Powers Act:
(a) each of the following is an authorised person in relation to the provisions mentioned in subsection (1):
(i) the CEO;
(ii) a Deputy CEO;
(iii) a person nominated in writing by the CEO for purposes of this subparagraph; and
(b) the Federal Court is the relevant court in relation to the provisions mentioned in subsection (1).
498H Extension to external Territories
Parts 2, 3, 5, 6 and 7 of the Regulatory Powers Act, as they apply because of this Division, extend to every external Territory.
498J Delegation
(1) The CEO may, in writing, delegate the functions or powers mentioned in subsection (2) to:
(a) a Deputy CEO; or
(b) a member of the staff of the EPA; or
(c) with the agreement of the State or Territory concerned—an employee or officer of a State or Territory; or
(d) with the agreement of the local council concerned—an employee or officer of a local council.
(2) The powers and functions that may be delegated are:
(a) the CEO’s powers and functions under Part 2, 3, 5, 6 or 7 of the Regulatory Powers Act, as it applies because of this Division; and
(b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a).
(3) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the CEO.
498K Person assisting
A person who is an authorised person for the purposes of Part 2, 3, 5, 6 or 7 of the Regulatory Powers Act, as it applies because of this Division, may be assisted by other persons in exercising powers or performing functions as an authorised person.
498L Interaction with rest of this Act
This Division does not limit a power of the CEO or any other person under another provision of this Act or any other law.
Division 24—Stop work orders
498M Stop work orders
(1) This section applies if the CEO believes on reasonable grounds that:
(a) a person is engaging, or is likely to engage, in conduct that contravenes this Act; and
(b) the conduct constitutes a significant threat to the environment; and
(c) making an order under this section is necessary to deal with the threat; and
(d) the CEO has not previously made an order under this section in relation to the conduct.
Note: The person may be a State or Territory or a local council.
(2) The CEO may, by notice in writing given to the person, order the person not to engage in the conduct, or to cease engaging in the conduct.
(3) The person must not contravene the order.
Civil penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
(4) The order ceases:
(a) 24 hours after it is given to the person; or
(b) at an earlier time specified in the order.
Division 25—Additional monitoring and investigation powers
Subdivision A—Power to enter premises
@498N Compliance purposes
(1) An inspector may exercise his or her powers under this Division for compliance purposes.
(2) A compliance purpose is the purpose of determining whether any of the following have been or are being complied with:
(a) this Act;
(b) a condition to which an approval, permit, licence or other permission (however described) granted under this Act is subject.
Subdivision B—Power to enter premises
@498P Power of inspectors to enter premises
(1) An inspector may, without force, enter premises, if the inspector reasonably believes that:
(a) an activity that is approved under this Act subject to conditions is being carried out on the premises; or
(b) there are records or documents relevant to compliance purposes on the premises, or accessible from a computer on the premises.
(2) Despite paragraph (1)(a), an inspector must not enter a part of premises that is used for residential purposes unless the inspector reasonably believes that the activity referred to in that paragraph is being carried out on that part of the premises.
@498Q Powers of inspectors while on premises
The inspector may exercise one or more of the following powers while on the premises:
(a) inspect any work, process or object;
(b) interview any person;
(c) require a person to tell the inspector who has custody of, or access to, a record or document;
(d) require a person who has the custody of, or access to, a record or document to produce the record or document to the inspector either while the inspector is on the premises, or within a specified period;
(e) inspect, and make copies of, any record or document that:
(i) is kept on the premises; or
(ii) is accessible from a computer that is kept on the premises;
(f) take samples of any goods or substances in accordance with any procedures prescribed by the regulations.
@498R Persons assisting inspectors
(1) A person (the assistant) may accompany the inspector onto the premises to assist the inspector if the CEO is satisfied that:
(a) the assistance is necessary and reasonable; and
(b) the assistant has suitable qualifications and experience to properly assist the inspector.
(2) The assistant:
(a) may do such things on the premises as the inspector requires to assist the inspector to exercise the inspector’s powers; but
(b) must not do anything that the inspector does not have power to do.
(3) Anything done by the assistant is taken for all purposes to have been done by the inspector.
Subdivision C—Powers to ask questions and require records and documents
@498S Power to ask for person’s name and address
(1) An inspector may require a person to tell the inspector the person’s name and address if the inspector reasonably believes that the person has contravened a civil penalty provision.
(2) If the inspector reasonably believes that the name or address is false, the inspector may require the person to give evidence of its correctness.
(3) A person must comply with a requirement under subsection (1) or (2) if:
(a) the inspector advises the person that he or she may contravene a civil penalty provision if he or she fails to comply with the requirement; and
(b) the inspector shows his or her identity card to the person.
Civil penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
@498T Power to require persons to produce records or documents
(1) An inspector may require a person, by notice, to produce a record or document to the inspector.
(2) The notice must:
(a) be in writing; and
(b) be served on the person; and
(c) require the person to produce the record or document at a specified place within a specified period of at least 14 days.
The notice may be served by sending the notice to the person’s fax number.
(3) A person who is served with a notice to produce must not fail to comply with the notice.
Civil penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
Subdivision D—Other rules relating to answers, records and documents
@498U Self‑incrimination etc.
(1) A person is not excused from giving information, producing a record or document, or answering a question, under this Division on the ground that to do so might tend to incriminate the person or otherwise expose the person to a penalty or other liability.
(2) In the case of an individual who produces a record or document, under this Division, none of the following:
(a) the record or document produced;
(b) producing the record or document;
(c) any information, document or thing obtained as a direct or indirect consequence of producing the record or document;
is admissible in evidence against the individual in criminal proceedings, other than:
(d) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents); and
(e) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).
@498V Certain records and documents are inadmissible
The following are not admissible in evidence in criminal proceedings against an individual:
(a) any record or document inspected or copied under this Division of which the individual had custody, or to which the individual had access, when it was inspected or copied;
(b) any information, document or thing obtained as a direct or indirect consequence of inspecting or copying a record or document of which the individual had custody, or to which the individual had access, when it was inspected or copied under this Division.
@498W Legal professional privilege
Nothing in this Division requires a person to produce a document that would disclose information that is the subject of legal professional privilege.
@498X Power to keep records or documents
(1) If a record or document is produced to an inspector or any other person in accordance with this Division, he or she may:
(a) inspect, and make copies of, the record or document; and
(b) keep the record or document for such period as is necessary.
(2) While an inspector or any other person keeps a record or document, he or she must allow the following persons to inspect, or make copies of, the record or document at all reasonable times:
(a) the person who produced the record or document;
(b) any person otherwise entitled to possession of the record or document;
(c) a person authorised by the person referred to in paragraph (b).
Division 26—Other powers
@498Y Power to take samples etc.
(1) An inspector may inspect, take extracts from, and make copies of, any document that is, or that the inspector suspects on reasonable grounds is, evidential material in relation to an offence against an environmental law, in relation to a contravention of a civil penalty provision or in relation to both.
(2) Subsection (3) applies if:
(a) as a result of the exercise of a power under subsection (1), property is damaged; and
(b) the damage or corruption occurs because insufficient care was exercised in exercising the power; or
(3) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.
(4) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.
(5) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.
(6) Compensation is payable out of money appropriated by the Parliament.
@498A Power to enter land
An inspector, in carrying out monitoring and investigation functions under this Act, may enter or cross any land or waters:
(a) with the consent of the occupier of the land or water; or
(b) in accordance with a warrant issued by a magistrate under this paragraph.
Note: For offences relating to causing harm to or obstructing authorised officers, see Chapter 7 of the Criminal Code.
Division 27—Post‑approval audits
@498ZA Post‑approval audits
(1) If an approval (however described) is granted under this Act, the CEO may carry out a post‑approval audit of the process of granting the approval, including the accuracy of the environmental impact statements and other evidence provided as part of that process.
(2) For the purposes of a post‑approval audit, the CEO may request the person to whom the approval was granted to supply specified information or documents to the CEO.
(3) The person must comply with the request.
Civil penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
254 Section 499
After “Minister” (wherever occurring), insert “or CEO”.
255 Subsections 514Y(2) and 514YA(2)
After “Secretary” (wherever occurring), insert “or CEO”.
256 After paragraph 514YA(2)(a)
Insert:
(aa) the CEO; or
257 Paragraph 514YA(2)(b)
After “Department”, insert “or EPA”.
258 Subsection 514YA(3)
After “Secretary”, insert “or CEO”.
259 Section 514YB
After “Secretary”, insert “or CEO”.
260 At the end of section 520
Add:
(9) Despite subsection 14(2) of the Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an industry standard or code of practice as in force from time to time.
261 Subsection 520A(1)
After “Minister” (wherever occurring), insert “or CEO”.
262 Subsection 521A(1)
Omit “or Secretary” (wherever occurring), substitute “, Secretary or CEO”.
263 Section 528
Insert:
compliance purpose: see subsection @498N(2).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
264 Clauses 3 and 4 of Schedule 1
After “Minister” (wherever occurring), insert “or CEO”.
265 Clauses 6 and 7 of Schedule 1
After “Secretary” (wherever occurring), insert “or CEO”.
266 Clause 11 of Schedule 1
After “Minister” (wherever occurring), insert “or CEO”.
267 Subparagraph 17(3)(c)(i) of Schedule 1
After “Secretary,”, insert “the CEO, a Deputy CEO,”.
268 Subparagraph 17(3)(c)(i) of Schedule 1
After “Department”, insert “or the EPA”.
269 Clauses 27 and 32 of Schedule 1
After “Secretary” (wherever occurring), insert “or CEO”.
270 Paragraph 38(3)(b) of Schedule 1
After “Secretary,”, insert “the CEO, a Deputy CEO,”.
271 Paragraph 38(3)(b) of Schedule 1
After “Department”, insert “or the EPA”.
272 Subclause 38(4) of Schedule 1
After “Secretary,”, insert “CEO, Deputy CEO,”.
273 Subclause 38(11) of Schedule 1 (paragraph (a) of the definition of senior authorising officer)
After “Secretary”, insert “or CEO”.
274 Subclause 38(11) of Schedule 1 (paragraph (b) of the definition of senior authorising officer)
After “Secretary”, insert “, the CEO, a Deputy CEO”.
275 Subclause 38(11) of Schedule 1 (at the end of paragraph (b) of the definition of senior authorising officer)
Add “or the EPA”.
276 Clauses 41 to 54 of Schedule 1
After “Secretary” (wherever occurring), insert “or CEO”.
Water Act 2007
277 Paragraph 137(c)
Omit “Minister”, substitute “Chief Executive Officer of the Commonwealth Environment Protection Authority”.
Part 3—Transitional provisions
278 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 the amendments or repeals made by this Act.
(2) 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;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or an Act amended by this Act;
(e) directly amend the text of this Act or an Act amended by this Act.