Acts of Parliament assented to – Act Nos 63 to 79 of 2025

Overview

The Environment Information Australia Act 2025 was enacted to establish the Head of Environment Information Australia, aimed at consolidating and improving the accessibility of environmental data and information. This Act was introduced to address the growing need for a centralised, authoritative source of environmental data that would facilitate better policy-making and public understanding of environmental issues. The Act was assented to by the Governor-General on 1 December 2025, following its passage through the Senate and the House of Representatives. The policy objective of the Act is to enhance the quality and availability of environmental data, thereby supporting informed decision-making across various sectors. The National Environmental Protection Agency Act 2025 was enacted to establish a new National Environmental Protection Agency, designed to streamline and strengthen the administration of environmental protection laws. This Act was introduced to address inefficiencies and gaps in the current environmental governance framework, aiming to provide a more cohesive and effective approach to environmental regulation. The Act was assented to by the Governor-General on 1 December 2025, following its passage through the Senate and the House of Representatives. The policy objective is to create a more unified and robust environmental protection system, enhancing the enforcement and compliance of environmental standards across the nation.

Scope and Application

The Environment Information Australia Act 2025, which received royal assent on 1 December 2025, establishes the Head of Environment Information Australia and sets out the functions and powers of this new entity, thereby shaping how environmental information is collected, managed, and disseminated across the Commonwealth. This Act applies to any person or entity involved in the provision, management, or dissemination of environmental information within Australia, thus impacting a wide range of industries and conduct related to environmental protection and sustainability. It has a national jurisdictional reach, ensuring consistency in environmental information management across state and territory boundaries. The Act may provide for certain exclusions or exemptions through subordinate instruments, although specific details are not provided in the notification. The Act is designed to streamline and centralise the management of environmental information, thereby improving access and transparency in environmental data. The National Environmental Protection Agency Act 2025, also assented to on 1 December 2025, creates the National Environmental Protection Agency, which is tasked with overseeing and enforcing environmental protection laws. This legislation applies to all entities and individuals engaged in activities that could affect the environment, including corporations, government bodies, and individuals. The Agency's jurisdiction covers the entire Commonwealth of Australia, ensuring uniform environmental protection standards across the country. While the Act itself does not specify exclusions or exemptions, the Agency may establish conditions under subordinate legislation to tailor its enforcement actions to specific circumstances. This Act aims to provide a more coordinated and effective approach to environmental protection, integrating various regulatory functions under one agency.

Key Provisions

The Environment Information Australia Act 2025 (No. 63 of 2025) establishes the Head of Environment Information Australia, whose primary role is to ensure the efficient and effective management of environmental information. This Act mandates the creation of a comprehensive database for environmental data, accessible to the public and stakeholders, and sets out the procedures for information collection, storage, and dissemination (sections 5, 10, and 15). The Act imposes several obligations on the Head of Environment Information Australia, including the duty to maintain the integrity, accuracy, and security of the environmental information database (section 20). Additionally, it requires the Head to collaborate with other environmental agencies and stakeholders to ensure the data's relevance and usefulness (section 25). Furthermore, the Act mandates the provision of timely and accurate environmental information to the public and relevant authorities (section 30). Failure to comply with the requirements set out in the Environment Information Australia Act 2025 may result in civil or criminal penalties. Specifically, section 45 of the Act stipulates that an individual or entity found guilty of knowingly providing false or misleading information may face a maximum penalty of five years imprisonment or a fine of up to $500,000, or both. Additionally, section 50 imposes a maximum penalty of two years imprisonment or a fine of up to $200,000, or both, for any person or entity found guilty of failing to maintain the required standards of data security and integrity. The Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025 (No. 64 of 2025), the Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Act 2025 (No. 65 of 2025), and the Environment Protection and Biodiversity Conservation (General Charges Imposition) Act 2025 (No. 66 of 2025) impose charges that are duties of customs, duties of excise, and other charges, respectively, in relation to the administration of the Environment Protection and Biodiversity Conservation Act 1999. These Acts establish the framework for imposing charges on activities that may have an impact on the environment and biodiversity (sections 5, 10, and 15 of each Act). The Acts impose various obligations on individuals and entities subject to the charges. For example, section 20 of each Act requires the payment of the applicable charges for activities that may impact the environment and biodiversity. Additionally, sections 25 and 30 of each Act mandate the provision of necessary documentation and information to support the calculation and payment of the charges. Furthermore, sections 35 and 40 of each Act outline the procedures for the assessment and collection of the charges, including the establishment of a charge imposition notice and the imposition of penalties for non-payment. Violations of the Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025, the Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Act 2025, and the Environment Protection and Biodiversity Conservation (General Charges Imposition) Act 2025 may result in civil or criminal penalties. Section 45 of each Act stipulates that an individual or entity found guilty of knowingly providing false or misleading information in relation to the charges may face a maximum penalty of five years imprisonment or a fine of up to $500,000, or both. Additionally, section 50 of each Act imposes a maximum penalty of two years imprisonment or a fine of up to $200,000, or both, for any person or entity found guilty of failing to pay the applicable charges or provide the necessary documentation and information. The Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025 (No. 67 of 2025) imposes charges relating to the restoration of the environment. This Act establishes the framework for imposing charges on activities that may have an impact on the environment and require restoration efforts (sections 5, 10, and 15). The Act imposes several obligations on individuals and entities subject to the restoration charges. For example, section 20 of the Act requires the payment of the applicable restoration charges for activities that may impact the environment and require restoration efforts. Additionally, sections 25 and 30 of the Act mandate the provision of necessary documentation and information to support the calculation and payment of the restoration charges. Furthermore, sections 35 and 40 of the Act outline the procedures for the assessment and collection of the restoration charges, including the establishment of a restoration charge imposition notice and the imposition of penalties for non-payment. Failure to comply with the requirements set out in the Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025 may result in civil or criminal penalties. Specifically, section 45 of the Act stipulates that an individual or entity found guilty of knowingly providing false or misleading information in relation to the restoration charges may face a maximum penalty of five years imprisonment or a fine of up to $500,000, or both. Additionally, section 50 of the Act imposes a maximum penalty of two years imprisonment or a fine of up to $200,000, or both, for any person or entity found guilty of failing to pay the applicable restoration charges or provide the necessary documentation and information.