Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025

Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025

No. 67, 2025

An Act to impose charges relating to restoration of the environment, and for related purposes

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Act binds the Crown

4 Act to extend to the external Territories

5 Extra‑territorial application

6 Act does not impose levy on property of a State

7 Definitions

Part 2—Imposition and amount of charge

8 Imposition of charge on grant of approvals—restoration contribution charge

9 Imposition of charge on registration of priority actions—bioregional plan registration charge

10 Imposition of charge on grant of exemptions—national interest exemption charge and Part 13 exemption charge

11 By whom restoration contribution charge is payable

12 By whom bioregional plan registration charge is payable

13 By whom national interest exemption charge and Part 13 exemption charge is payable

14 Amount of restoration contribution charge

15 Amount of bioregional plan registration charge

16 Amount of national interest exemption charge and Part 13 exemption charge

Part 3—Other matters

17 Review of operation of regulations

18 Regulations

Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Act 2025

No. 67, 2025

An Act to impose charges relating to restoration of the environment, and for related purposes

[Assented to 1 December 2025]

The Parliament of Australia enacts:

Part 1—Preliminary

1  Short title

  This Act is the Environment Protection and Biodiversity Conservation (Restoration Charge 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.

Note: This table relates only to the provisions of this Act as originally enacted.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) The Minister may, by notifiable instrument, provide that a provision covered by table item 2 applies, in relation to different matters or things, on and after different days for one or more of those matters or things.

 (3) 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  Act to extend to the 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 levy 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  Definitions

  In this Act:

bioregional plan has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

bioregional plan registration charge means charge imposed by section 9.

national interest exemption, for an action, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

national interest exemption charge means charge imposed by subsection 10(1).

Part 13 exemption, for an action, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

Part 13 exemption charge means charge imposed by subsection 10(2).

registration, in relation to a priority action has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

residual significant impact, of an action or a class of actions, has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

restoration contribution charge means charge imposed by subsection 8(1), (2) or (3).

Part 2—Imposition and amount of charge

8  Imposition of charge on grant of approvals—restoration contribution charge

Actions approved under Part 9

 (1) Charge (restoration contribution charge) is imposed on the grant of an approval of an action under subsection 133(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the action.

Actions approved under Part 10

 (2) Charge (restoration contribution charge) is imposed on the grant of an approval of an action under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the action.

Classes of actions approved under Part 10

 (3) Charge (restoration contribution charge) is imposed on the grant of an approval of a class of actions under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 if a condition of the approval requires the payment of restoration contribution charge in relation to a residual significant impact of the class of actions.

9  Imposition of charge on registration of priority actions—bioregional plan registration charge

  Charge (bioregional plan registration charge) is imposed on the registration of a priority action under subsection 177BN(7) of the Environment Protection and Biodiversity Conservation Act 1999.

10  Imposition of charge on grant of exemptions—national interest exemption charge and Part 13 exemption charge

National interest exemptions

 (1) Charge (national interest exemption charge) is imposed on the grant of a national interest exemption for an action.

Part 13 exemptions

 (2) Charge (Part 13 exemption charge) is imposed on the grant of a Part 13 exemption for an action.

11  By whom restoration contribution charge is payable

 (1) Restoration contribution charge imposed on the grant of an approval of an action under subsection 133(1) of the Environment Protection and Biodiversity Conservation Act 1999 is payable by the holder of the approval.

 (2) Restoration contribution charge imposed on the grant of an approval of an action or a class of actions under subsection 146B(1) of the Environment Protection and Biodiversity Conservation Act 1999 is payable by the person specified in the approval as the person responsible for paying the restoration contribution charge.

Note: The person might be the approval holder or a person approved to take an action under the approval concerned.

12  By whom bioregional plan registration charge is payable

 (1) Bioregional plan registration charge imposed on the registration of a priority action is payable by the person in relation to whom to the priority action is first registered under subsection 177BN(7) of the Environment Protection and Biodiversity Conservation Act 1999.

 (2) Bioregional plan registration charge is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.

13  By whom national interest exemption charge and Part 13 exemption charge is payable

 (1) National interest exemption charge imposed on the grant of a national interest exemption is payable by the person to whom the national interest exemption applies.

 (2) Part 13 exemption charge imposed on the grant of a Part 13 exemption is payable by the person to whom the Part 13 exemption applies.

 (3) Charge imposed on the granting of a national interest exemption is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.

 (4) Charge imposed on the granting of a Part 13 exemption is not payable by a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this subsection.

14  Amount of restoration contribution charge

 (1) The amount of restoration contribution charge is the amount (which must be greater than zero) worked out in accordance with the method prescribed by the regulations.

 (2) A method prescribed by the regulations for the purposes of this section may make different provision in relation to the following:

 (a)  different actions or different classes of actions, as the case requires;

 (b)  different residual significant impacts or classes of significant impacts of actions or classes of actions, as the case requires.

 (3) Subsections (1) and (2) of this section do not limit subsection 33(3A) of the Acts Interpretation Act 1901.

15  Amount of bioregional plan registration charge

 (1) The amount of bioregional plan registration charge is the amount (which must be greater than zero):

 (a) prescribed by the regulations; or

 (b) worked out in accordance with the method prescribed by the regulations.

 (2) The amount of bioregional plan registration charge prescribed by regulations may make provision in relation to the following:

 (a)  different classes of priority actions;

 (b) different bioregional plans.

 (3) Subsections (1) and (2) of this section do not limit subsection 33(3A) of the Acts Interpretation Act 1901.

16  Amount of national interest exemption charge and Part 13 exemption charge

 (1) The amount of national interest exemption charge is the amount (which must be greater than zero):

 (a) prescribed by the regulations; or

 (b) worked out in accordance with the method prescribed by the regulations.

 (2) The amount of Part 13 exemption charge is the amount (which must be greater than zero):

 (a) prescribed by the regulations; or

 (b) worked out in accordance with the method prescribed by the regulations.

Part 3—Other matters

17  Review of operation of regulations

 (1) The Minister must cause regular independent reviews to be undertaken of the operation of all regulations made under section 18 of this Act.

 (2) The first review must commence as soon as practicable after the end of the period of 24 months after the commencement of this Act.

 (3) Subsequent reviews must commence as soon as practicable after the end of the period of 5 years after the day on which the written report of the most recent review was given to the Minister under subsection (5).

 (4) The regulations may make provision for and in relation to a review including, but not limited to, prescribing the matters to be covered by the review.

 (5) The persons who undertake a review must give the Minister a written report of the review within the period (if any) prescribed by the regulations.

 (6) The Minister must publish on the Department’s website:

 (a)  each report of a review given to the Minister under subsection (5) as soon as practicable after the report is given to the Minister; and

 (b) the Commonwealth government’s response to each report of a review given to the Minister under subsection (5).

18  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; 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]