Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025
No. 64, 2025
An Act to impose charges that are duties of customs in relation to matters connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes
Contents
1 Short title
2 Commencement
3 Act binds the Crown
4 Extension to external Territories
5 Extra‑territorial application
6 Act does not impose tax on property of a State
7 Imposition of charges
8 Matters relating to amount of charges
9 Exemptions from charges
10 Regulations
Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025
No. 64, 2025
An Act to impose charges that are duties of customs in relation to matters connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes
[Assented to 1 December 2025]
The Parliament of Australia enacts:
1 Short title
This Act is the Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day after this Act receives the Royal Assent. | 2 December 2025 |
2. Sections 3 to 10 | A day or days to be fixed by one or more Proclamations. However, if any of the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
Note: This table relates only to the provisions of this Act as originally enacted.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 Act binds the Crown
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.
4 Extension to external Territories
This Act extends to the external Territories.
5 Extra‑territorial application
This Act extends to acts, omissions, matters and things outside Australia.
6 Act does not impose tax on property of a State
(1) This Act does not impose a tax on property of any kind belonging to a State.
(2) In this section:
property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
7 Imposition of charges
(1) The regulations may prescribe a charge in relation to a prescribed matter connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999 or regulations made under that Act.
(2) Charges prescribed under subsection (1) are imposed as taxes.
(3) Two or more charges may be prescribed in relation to the same matter, and a single charge may be prescribed in relation to 2 or more matters.
(4) This section imposes a charge only so far as that charge is a duty of customs within the meaning of section 55 of the Constitution.
8 Matters relating to amount of charges
(1) The regulations may prescribe a charge under subsection 7(1):
(a) by specifying an amount as the charge; or
(b) by specifying a method for calculating the amount of the charge.
(2) Before the Governor‑General makes a regulation under subsection 7(1) prescribing a charge in relation to a matter, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the matter.
9 Exemptions from charges
The regulations may provide for exemptions from a charge prescribed under subsection 7(1).
10 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[Minister’s second reading speech made in—
House of Representatives on 30 October 2025
Senate on 24 November 2025]
Overview
The Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025 was enacted by the Parliament of Australia to facilitate the imposition of customs charges connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999. This Act serves to ensure that the financial burden associated with the administration of environmental protection and biodiversity conservation is effectively managed and recovered through customs duties. It binds the Crown in right of each state, the Australian Capital Territory, and the Northern Territory, and extends to external territories and acts outside Australia. The primary policy objective underpinning this legislation is to provide a structured and efficient mechanism for the Commonwealth to recover its costs related to environmental protection and biodiversity conservation activities, thereby ensuring that these critical functions are adequately funded without imposing a tax on state property. The Act allows for the imposition of charges through regulations, which can be set at an amount or a method for calculation, ensuring that the charges are designed to recover only the Commonwealth’s likely costs associated with the specified matters.
Scope and Application
The Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025 is designed to impose charges that are duties of customs in relation to matters connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999. This Act applies to the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and the external Territories. It also has extra-territorial reach, extending to acts, omissions, matters, and things outside Australia. Notably, the Act does not impose a tax on property of any kind belonging to a State, as defined in section 114 of the Constitution. The Act permits the imposition of charges through regulations, which may specify an amount or a method for calculating the charge. These charges are intended to recover no more than the Commonwealth's likely costs in connection with the prescribed matter. Additionally, the regulations may provide for exemptions from these charges. The Act binds the Crown but does not bind the Crown in right of the Commonwealth, and its provisions can be extended or restricted through subordinate instruments, such as regulations made under its authority.
Key Provisions
The Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025 introduces a framework for imposing customs charges related to environmental protection and biodiversity conservation matters. Section 7(1) allows the regulations to prescribe charges for matters connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999 or its regulations. These charges are considered duties of customs, as per section 55 of the Constitution, and are imposed under section 7(2). The regulations can specify the charge amount directly or outline a method for calculating it, as detailed in section 8. Additionally, section 8(2) mandates that the Minister must be satisfied that the charge amount is set to recover no more than the Commonwealth's likely costs associated with the matter before a regulation is made. Section 9 provides flexibility by allowing the regulations to include exemptions from the prescribed charges.
The Act imposes specific obligations on parties and entities it governs. Under section 7(1), the regulations may prescribe charges for matters related to environmental protection and biodiversity conservation. This includes setting the charge amount or a method to calculate it, as outlined in section 8. Section 9 further allows the regulations to provide exemptions from these charges, ensuring some flexibility in enforcement. The Act also mandates that the Minister must be satisfied that the charge amount is reasonable, as per section 8(2), before any regulation prescribing the charge can be made. Additionally, section 10 empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act, thereby delineating the scope and application of the charges.
The Act delineates offences, penalties, and consequences for breaches, though specific penalties are not detailed within the provided text. Breaches of the charges imposed under section 7(1) could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. The Act’s extra-territorial application under section 5 implies that breaches may be subject to Australian jurisdiction even if they occur outside Australia. While the exact penalties are not specified in the provided excerpt, they would likely be outlined in the regulations made under section 10 or other relevant legislation. The Act’s provisions ensure that those who fail to comply with the prescribed charges face appropriate legal repercussions.