Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026

EXPLANATORY STATEMENT

Issued by the authority of the Minister for the Environment and Water

Environment Protection and Biodiversity Conservation Act 1999

Environment Protection (Sea Dumping) Act 1981

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026

Overview

The Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026 amend each of the following regulations for the purpose of transferring functions and powers from the Minister or Secretary (as applicable) to the Chief Executive Officer (CEO) of the National Environmental Protection Agency (NEPA):

Environment Protection and Biodiversity Conservation Regulations 2025 (EPBC Regulations);
Environment Protection (Sea Dumping) Regulations 1983 (Sea Dumping Regulations);
Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 (HW Fees Regulations);
Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor Leste) Regulations 2003 (HW Timor Leste Regulations);
Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996 (HW OECD Regulations);
Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 (HW Regulations);
Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 (HW Waigani Regulations);
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2023 (OPSGG Import Levy Regulations);
Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (OPSGGM Regulations).

Legislative authority

Section 520 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows the Governor-General to make regulations prescribing all matters required or permitted by the EPBC Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the EPBC Act.

Section 41 of the Environment Protection (Sea Dumping) Act 1981 (Sea Dumping Act) allows the Governor-General to make regulations prescribing all matters required or permitted by the Sea Dumping Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Sea Dumping Act.

Section 62 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (HW Act) allows the Governor-General to make regulations prescribing all matters required or permitted by the HW Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the HW Act.

Section 5 of the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 (OPGGS Import Levy Act) allows the Governor-General to make regulations prescribing all matters required or permitted by the OPSGG Import Levy Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the OPSGG Import Levy Act.

Section 70 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (OPSGGM Act) allows the Governor-General to make regulations prescribing all matters required or permitted by the HW Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the HW Act.

The Amendment Regulations are made under section 520 of the EPBC Act, section 41 of the Sea Dumping Act, section 62 of the HW Act, section 5 of the OPGGS Import Levy Act and section 70 of the OPSGGM Act.

The amendment of the each of the EPBC Regulations, Sea Dumping Regulations, HW Fees Regulations, HW Timor Leste Regulations, HW OECD Regulations, HW Regulation, HW Waigani Regulations, OPSGG Import Levy Regulations and the OPSGGM Regulations is made in reliance on subsection 33(3) of the Acts Interpretation Act 1901.

Background

The National Environmental Protection Agency Act 2025 (NEPA Act) establishes Australia’s first national independent environmental protection agency, the NEPA, to undertake regulatory and implementation functions under a range of Commonwealth environmental laws. These functions include issuing permits and licences and undertaking compliance and enforcement activities.

The NEPA will be established on 1 July 2026, on commencement of the NEPA Act.

Schedule 2 of the Environment Protection Reform Act 2025 (EPR Act) enables the NEPA to undertake these functions by amending the nine Commonwealth Acts to confer relevant powers and functions relating to regulatory functions and compliance and enforcement to the Chief Executive Officer (CEO) of NEPA. Relevantly, these Acts included:

the EPBC Act;
the Sea Dumping Act;
the HW Act;
the OPSGG Import Levy Act;
the OPSGGM Act.

The amendments made by Schedule 2 of the EPR Act to the above Acts commence on 1 July 2026, to coincide with the establishment of the NEPA and the CEO.

Impact and effect

The Amendment Regulations make amendments to the following regulations to transfer powers and functions in those regulations relating to regulatory functions, compliance and enforcement to the CEO of NEPA:

the EPBC Regulations;
the Sea Dumping Regulations;
the HW Fees Regulations;
the HW Timor Leste Regulations;
the HW OECD Regulations;
the HW Regulations;
the HW Waigani Regulations;
the OPSGG Import Levy Regulations; and
the OPSGGM Regulations.

Each of these regulations is made under a Commonwealth Act that was amended by Schedule 2 of the EPR Act for the same purpose.

The kinds of functions and powers that would be transferred to the CEO of NEPA are:

powers and functions relating to the granting (and refusal to grant), varying, suspending or cancelling of permits and licences; and
powers and functions relating to undertaking compliance and enforcement activities.

These functions and powers are regulatory in nature and appropriate for the NEPA as an independent regulator. The Minister retains responsibility for direction setting and Australian government policy relevant to these laws.

The Amendment Regulations also make necessary consequential amendments to the listed regulations to support the amendments by Schedule 2 of the EPR Act.

Pre-conditions to making the Amendment Regulations

None of the EPBC Act, Sea Dumping Act, HW Act, OPSGG Import Levy Act or OPSGGM Act specify any conditions that need to be satisfied before the power to make the Amendment Regulations may be exercised.

Consultation

The Australian Government consulted widely, including with environment and business groups, First Nations organisations, scientists and State and Territory Governments on the reforms in the EPR Act and the NEPA Act. This included the Minister personally holding more than 90 meetings, roundtables and forums with interested stakeholders.

The Department has also consulted with a technical working groups and the public on the policy relating to the changes in the proposed Regulations. Feedback on this policy was generally positive and no negative views were raised.

As the Amendment Regulations reflect the policy that was consulted on, further public consultation on the draft instrument was not considered necessary.

Details and operation

The Amendment Regulations would commence on 1 July 2026.

Details of the Amendment Regulations are set out in the Attachment.

Other

The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Amendment Regulations are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

ATTACHMENT A

Details of the Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026

Section 1 – Name

This section provides that the name of the regulations is the Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026 (the Amendment Regulations).

Section 2 – Commencement

This section has the effect that the Amendment Regulations commence on 1 July 2026.

This aligns with the commencement of Schedule 2 of the Environment Protection Reform Act 2025 (EPR Act) which establishes the National Environmental Protection Agency (NEPA) from that date.

Section 3 – Authority

This section provides that the Amendment Regulations are made under each of:
- the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act);

the Environment Protection (Sea Dumping) Act 1981 (Sea Dumping Act);

the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (HW Act);

the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 (OPSGG Import Levy Act);

the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the OPSGGM Act).

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to the Amendment Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Amendments

The amendments made by Schedule 1 to the Amendment Regulations have the effect of transferring existing powers and functions under each of the following regulations from the Minister or Secretary (as applicable) to the CEO of the new NEPA:
- Environment Protection and Biodiversity Conservation Regulations 2025 (EPBC Regulations);

Environment Protection (Sea Dumping) Regulations 1983 (Sea Dumping Regulations);

Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 (HW Fees Regulations);

Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor Leste) Regulations 2003 (HW Timor Leste Regulations);

Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996 (HW OECD Regulations);

Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 (HW Regulations);

Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 (HW Waigani Regulations);

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2023 (OPSGG Import Levy Regulations);

Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (OPSGGM Regulations).

The Amendment Regulations also make other minor consequential amendments to each of the above listed regulations to continue the effective operation of those regulations following the transfer of powers and functions to the CEO.

The amendments made by the Amendment Regulations are consequential to the amendments made to each of the following Acts by Schedule 2 to the Environment Protection Reform Act 2025 (EPR Act) to transfer functions and powers from the Minister and Secretary (as applicable) to the CEO of NEPA:

the EPBC Act;

the Sea Dumping Act;

the HW Act;

the OPSGG Import Levy Act;

the OPSGGM Act.

Environment Protection and Biodiversity Conservation Regulations 2025

Item [1] – Subregulation 7.08(1)

Regulation 7.08 of the EPBC Regulations sets out the particulars of an action of which a person must notify the Secretary under any of paragraphs 199(2)(b), 214(2)(b), 232(2)(b)and 256(2)(b) of the EPBC Act (relating to taking an action that results in the death or injury of a member of a listed threatened species (except a conservation dependent species), a listed migratory species, a cetacean or a listed marine species that is in or on a Commonwealth area, or that consists of, or involves, trading, taking, keeping or moving a member of such a species).

Item 1 of Schedule 1 to the Amendment Regulations amends subregulation 7.08(1) of the EPBC Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to require notifications under these provisions of the EPBC Act to be made to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which transfer the functions and powers relating to species offences and permits to the CEO of NEPA.

Item [2] – Regulation 9.03A

Part 9 of the EPBC Regulations deals with the conservation of biodiversity in Commonwealth areas. This includes making it an offence for a person to take an action that results in the death or injury of a member of a protected species, or that involves the taking, trading, keeping or moving of a member of a protected species (see subregulation 9.03(1)). In addition, subregulation 9.03(3) makes it an offence for a person to damage or destroy a nest or dwelling place of a member of a protected species.

Paragraph 9.03(4)(a) has the effect that the offences in subregulations 9.03(1) and 9.03(3) do not apply to an action that is authorised by a permit in force under Part 17 of the EPBC Regulations.

Regulation 9.03A allows the Minister to issue a permit, in accordance with Part 17, authorising a person to carry out an action that is otherwise prohibited by Part 9 (ie the offences in subregulations 9.03(1) or 9.03(3)).

Item 2 of Schedule 1 to the Amendment Regulations amends regulation 9.03A of the EPBC Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of granting permits to authorise a person to carry out an action that is otherwise prohibited by Part 9 to the CEO of NEPA.

Item [3] – Paragraph 14.01A(a)

Regulation 14.01A of the EPBC Regulations prescribes the minimum training for officers and detention officers for the purposes of subclause 6(1) of Schedule 1 to the EPBC Act. Paragraph 14.01A(a) prescribes, for this purpose, ‘Authorised Officer Training’ that is provided to the person by the Australian Fisheries Management Authority or the Department.

Item 3 of Schedule 1 to the Amendment Regulations amends paragraph 14.01A(a) of the EPBC Regulations to omit the reference to the Department and substitute a reference to the NEPA. The NEPA is defined in the EPBC Act as the National Environmental Protection Agency. The effect of this amendment is to transfer the function of providing Authorised Officer Training from the Department to the NEPA.

Item [4] – Paragraph 14.01A(b)

Regulation 14.01A of the EPBC Regulations prescribes the minimum training for officers and detention officers for the purposes of subclause 6(1) of Schedule 1 to the EPBC Act. Paragraph 14.01A(b) prescribes, for this purpose, a course on the use of authorised officers’ powers under Schedule 1 to the EPBC Act, as approved by the Secretary.

Item 4 of Schedule 1 to the Amendment Regulations amends paragraph 14.01A(b) of the EPBC Regulations to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of approving additional courses on the use of authorised officers’ powers to the CEO of NEPA.

Item [5] – Subregulation 14.01H(1)

Regulation 14.01H of the EPBC Regulations deals with authorising the disclosure of identifying information.

Subclause 54(1) of Schedule 1 to the EPBC Act allows the Secretary to, in writing, authorise a specified authorised officer or detention officer, any authorised officer or detention officer included in a specified class of authorised officers or detention officers, or an Agency (as defined in the Public Service Act 1999) prescribed by the regulations, to disclose identifying information of the kind specified in the authorisation to one or more of the bodies listed in that provision.

Subregulation 14.01H(1) is made for the purposes of subclause 54(1) of Schedule 1 to the EPBC Act and prescribes a list of agencies that the Secretary may authorise to disclose identifying information under that subclause.

Item 5 of Schedule 1 to the Amendment Regulations amends subregulation 14.01H(1) to omit ‘Secretary may authorise the following Agencies to disclose identifying information under that subclause’ and substitute ‘following Agencies are prescribed’.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which transfer the functions and powers relating to Schedule 1 to the EPBC Act (concerning detention powers) to the CEO of NEPA.

Item [6] – Subregulation 14.01H(2) (after table item 18)

Regulation 14.01H of the EPBC Regulations deals authorising the disclosure of identifying information.

Subclause 54(1) of Schedule 1 to the EPBC Act allows the Secretary to, in writing, authorise a specified authorised officer or detention officer, any authorised officer or detention officer included in a specified class of authorised officers or detention officers, or an Agency (as defined in the Public Service Act 1999) prescribed by the regulations, to disclose identifying information of the kind specified in the authorisation to one or more of the bodies listed in that provision. The list of bodies to which such information may be disclosed relevantly includes one or more prescribed bodies of a foreign country, of the Commonwealth or of a State or Territory (see paragraph 54(1)(d)).

Subregulation 14.01H(2) is made for the purposes of paragraph 54(1)(d) of Schedule 1 to the EPBC Act and prescribes (in a table) a list of bodies of a foreign country, of the Commonwealth or of a State or Territory to which identifying information may be disclosed under subclause 54(1) (with authorisation).

Item 6 of Schedule 1 to the Amendment Regulations amends subregulation 14.01H(2) of the EPBC Regulations to insert a new item 18A in the table of prescribed bodies after existing item 18. The effect of this amendment is to add the National Environmental Protection Agency to the list of prescribed bodies to which identifying information may be disclosed under subclause 54(1) (with authorisation).

Item [7] – Subparagraph 14.03(2)(f)(ii)

Regulation 14.03 of the EPBC Regulations deals with issuing an infringement notice for an offence against section 142B of the EPBC Act or a regulation mentioned in Schedule 10 to the EPBC Regulations.

Subregulation 14.03(2) sets out the information that must be included in an infringement notice. The required information relevantly includes a statement that, if the person prefers that the matter not be dealt with by a court, he or she may signify that preference by (relevantly) paying the infringement notice penalty before the end of 28 days after the day the notice is served or, if a further period is allowed by the Director or Secretary under regulation 14.05, before the end of that period (see subparagraph 14.03(2)(f)(ii)).

Item 7 of Schedule 1 to the Amendment Regulations amends subparagraph 14.03(2)(f)(ii) of the EPBC Regulations to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of deciding whether to extend the period allowed for a person to pay an infringement notice penalty to the CEO of NEPA.

Item [8] – Paragraph 14.03(2)(h)

Regulation 14.03 of the EPBC Regulations deals with issuing an infringement notice for an offence against section 142B of the EPBC Act or a regulation mentioned in Schedule 10 to the EPBC Regulations.

Subregulation 14.03(2) sets out the information that must be included in an infringement notice. The required information relevantly includes a statement that if, before the end of 28 days after service of the notice, the person notifies the Director or Secretary, in the manner set out in the infringement notice, of any facts or matters that the person believes ought to be taken into account in relation to the alleged offence:

time for payment of the penalty will be extended to the extent necessary to enable a decision to be made about those facts or matters; and

the Director or Secretary must consider the matters mentioned subregulation 14.07(5).

Item 8 of Schedule 1 to the Amendment Regulations amends paragraph 14.03(2)(h) of the EPBC Regulations to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the functions relating to considering the matters in subregulation 14.07(5) in relation to an infringement notice to the CEO of NEPA.

Item [9] – Subparagraph 14.04(1)(c)(iii)

Regulation 14.04 of the EPBC Regulations deals with the serving of an infringement notice for an offence against section 142B of the EPBC Act or a regulation mentioned in Schedule 10 to the EPBC Regulations.

Paragraph 14.04(1)(c) sets out how an infringement notice can be served for an offence under regulation 12.44 or 12.48. This relevantly includes, if the Director or Secretary receives a statutory declaration under subregulation 12.62(2), by serving the notice (in accordance with the requirements in paragraphs 14.04(1)(a) or (b)) on the person named in the statutory declaration as being in charge of the vehicle at the time of the alleged offence (subparagraph 14.04(1)(c)(iii)).

Item 9 of Schedule 1 to the Amendment Regulations amends subparagraph 14.04(1)(c)(iii) of the EPBC Regulations to omit the reference to the Secretary. This amendment corrects an error, as a statutory declaration under subregulation 12.62(2) can only be given to the Director.

Item [10] – Regulations 14.05 to 14.08

Regulations 14.05, 14.06, 14.07 and 14.08 of the EPBC Regulations deal with the payment of infringement notices and related matters.

Regulation 14.05 allows the Director or Secretary, on application by the person to whom the infringement notice was served, to extend the period for payment of the infringement notice penalty, if satisfied that in all the circumstances it is reasonable to do so.

Regulation 14.06 allows the Director or Secretary to make an arrangement with the person to whom the infringement notice has been served for payment of the amount of the infringement notice penalty by instalments, if satisfied that in all the circumstances it is proper to do so.

Regulation 14.07 allows the Director or Secretary to withdraw an infringement notice if satisfied that in all the circumstances it is proper to do so.

Regulation 14.08 provides that if the Director or Secretary refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of 28 days after receiving notice of the refusal.

Item 10 of Schedule 1 to the Amendment Regulations amends regulations 14.05, 14.06, 14.07 and 14.08 of the EPBC Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the relevant functions relating to infringement notices in these regulations to the CEO of NEPA.

Item [11] – Regulation 14.12

Regulation 14.12 of the EPBC Regulations has the effect that, at the hearing of a prosecution for an offence mentioned in an infringement notice, certain certificates are evidence of the facts stated in the certificate. These certificates include, relevantly, certificates signed by the Director or Secretary relating to infringement notices.

Item 11 of Schedule 1 to the Amendment Regulations amends regulation 14.12 of the EPBC Regulations to omit the references to the Secretary and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to signing the relevant certificates relating to infringement notices to the CEO of NEPA.

Item [12] – Paragraphs 17.01(a) and (b)

Regulation 17.01 of the EPBC Regulations sets out the permits to which the requirements in Part 17 of the EPBC Regulations apply. This includes, relevantly:

permits issued by the Minister under sections 201, 216, 238 and 258 of the EPBC Act relating to species and communities (see paragraph 17.01(a)); and

permits issued by the Minister under Part 9 of the EPBC Regulation authorising the person to take an action stated in the permit for a protected species (paragraph 17.01(b)).

Item 12 of Schedule 1 to the Amendment Regulations amends paragraphs 17.01(a) and (b) of the EPBC Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to such permits to the CEO of NEPA.

Item [13] – Subregulation 17.03(1), (2) and (3)

Regulation 17.03 sets out the criteria for issuing the permits listed in regulation 17.01.

Subregulation 17.03(1) allows the Minister or Director to issue a permit only if the matters listed in that provision are satisfied. Subregulation 17.03(2) allows the Minister or Director, in considering whether to issue a permit, to consider whether the applicant has been convicted of an offence mentioned in subregulation 17.07(1) in the previous 10 years, or is currently subject to proceedings for such an offence. Subregulation 17.03(3) requires the Minister to give each permit a reference number, tell the applicant the reference number and to give the applicant written notice if the Minister or Director refuses to issue a permit.

Item 13 of Schedule 1 to the Amendment Regulations amends subregulations 17.03(1), 17.03(2) and 17.03(3) of the EPBC Regulations to add a reference to the CEO in each of these provisions wherever the Minister and Director are referred to.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [14] – After subregulation 17.09(2)

Regulation 17.09 of the EPBC Regulations deals with varying or revoking conditions imposed on a permit listed in regulation 17.01. The requirements in regulation 17.09 apply to the Minister and the Director, in respect of variations and revocations of conditions imposed on the permits for which each has the power to issue (see subregulations 17.09(1) and 17.09(2)).

Item 14 of Schedule 1 to the Amendment Regulations amends regulation 17.09 of the EPBC Regulations to insert new subregulation 17.09(2A). New subregulation 17.09(2A) allows the CEO to, by written notice to each holder of a permit issued by the CEO, vary or revoke a condition of the permit, or impose a further condition on the permit, in accordance with subregulation 17.09(3). This amendment ensures the CEO has the power to vary or revoke the conditions attached to a permit listed in paragraph 17.01(a) or (b).

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [15] – Subregulation 17.09(3)

Regulation 17.09 of the EPBC Regulations deals with varying or revoking conditions imposed on a permit listed in regulation 17.01. Subregulation 17.09(3) has the effect that the Minister or Director can only vary or revoke the conditions of a permit they have issued if the varied permit could have been issued in accordance with relevant provisions of the Act or regulations.

Item 15 of Schedule 1 to the Amendment Regulations amends subregulation 17.09(3) of the EPBC Regulations to insert a reference to the CEO (in addition to the existing references to the Minister and Director). The effect of this amendment is to impose the same limitation on the CEO varying or revoking the conditions imposed on a permit.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [16] – Subregulations 17.09(7) and (8)

Regulation 17.09 of the EPBC Regulations deals with varying or revoking conditions imposed on a permit listed in regulation 17.01.

Subregulation 17.09(7) requires that, if a condition of a permit must be varied, revoked or imposed to make sure that matters or circumstance about which the Minister or Director must be satisfied when issuing the permit continue to apply, the Minister or Director must vary, revoke or impose the condition (whether or not an application has been made).

Subregulation 17.09(8) requires that, if the Minister or Director varies or revokes a condition, or imposes a further condition, under subregulation 17.09(7), the Minister or Director must give each holder of the permit written notice of that variation, revocation or imposition.

Item 16 of Schedule 1 to the Amendment Regulations amends subregulations 17.09(7) and 17.09(8) of the EPBC Regulations to insert a reference to the CEO (in addition to the existing references to the Minister and Director) in both provisions. The effect of this amendment is to impose the same requirements on the CEO varying or revoking the conditions imposed on a permit.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [17] – After paragraph 17.10(5)(c)

Regulation 17.10 allows the holder of a permit to which paragraph 17.01(ab), (b) or (c) applies to authorise a person to take an action under the permit.

Subregulation 17.10(5) requires a person who gives an authority under regulation 17.10 to, within 14 days after giving the authority, give written notice of it to the Minister or Director (whichever issued the permit) (see paragraphs 17.10(5)(a) and (b)).

Item 17 of Schedule 1 to the Amendment Regulations amends subregulation 17.10(5) of the EPBC Regulations to insert new paragraph 17.10(5)(c). New paragraph 17.10(5)(c) requires a person who give an authority under regulation 17.10 to give written notice to the CEO, if the CEO issued the permit.

This amendment is consequential to the amendments made by item 2 of Schedule 1 to the Amendment Regulations, which transfer the functions relating to the permits listed in paragraph 17.01(b) to the CEO of NEPA.

Item [18] – After subregulation 17.11(2)

Regulation 17.11 of the EPBC Regulations deals with the transferring of a permit listed in regulation 17.01. The requirements in regulation 17.11 apply to the Minister and the Director, in respect of the transfer of permits for which each has the power to issue (see subregulations 17.11(1) and 17.11(2)).

Item 18 of Schedule 1 to the Amendment Regulations amends regulation 17.11 of the EPBC Regulations to insert new subregulation 17.11(2A). New subregulation 17.11(2A) allows the CEO to transfer a permit issued by the CEO.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [19] – Subregulation 17.11(3A)

Regulation 17.11 of the EPBC Regulations deals with the transferring of a permit listed in regulation 17.01. Subregulation 17.11(3A) allows the Minister or Director, in considering whether to transfer a permit, to consider whether the proposed transferee has been convicted of an offence mentioned in subregulation 17.07(1) in the previous 10 years, or is currently subject to proceedings for such an offence.

Item 19 of Schedule 1 to the Amendment Regulations amends subregulation 17.11(3A) of the EPBC Regulations to insert a reference to the CEO (in addition to the existing references to the Minister and Director). The effect of this amendment is to impose the same requirements on the CEO transferring a permit.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [20] – Subregulation 17.11(7)

Regulation 17.11 of the EPBC Regulations deals with the transferring of a permit listed in regulation 17.01. Subregulation 17.11(7) requires the Minister or Director to give the holder of the permit and the proposed transferee written notice of a decision whether to transfer a permit.

Item 20 of Schedule 1 to the Amendment Regulations amends subregulation 17.11(7) of the EPBC Regulations to insert a reference to the CEO (in addition to the existing references to the Minister and Director). The effect of this amendment is to impose the same requirements on the CEO transferring a permit.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [21] – Subregulation 17.11(7)

Regulation 17.11 of the EPBC Regulations deals with the transferring of a permit listed in regulation 17.01. Subregulation 17.11(7) requires the Minister or Director to give the holder of the permit and the proposed transferee written notice of a decision whether to transfer a permit under subregulations 17.11(1) and (2).

Item 21 of Schedule 1 to the Amendment Regulations amends subregulation 17.11(7) of the EPBC Regulations to insert a reference to subregulation 17.11(2A).

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA. It is also consequential to the amendments made by item 18 of Schedule 1 to the Amendment Regulations, which insert new subregulation 17.11(2A).

Item [22] – Subregulation 17.12(1)

Regulation 17.12 of the EPBC Regulations deals with the cancellation or suspension of a permit listed in regulation 17.01. The requirements in regulation 17.12 apply to the Minister and the Director, in respect of the cancellation or suspension of permits for which each has the power to issue (see subregulations 17.12(2), (3) and (4)).

Subregulation 17.12(1) has the effect that the powers in subregulations 17.12(2), (3) and (4) apply if the holder of a permit contravenes a condition of the permit, or there are reasonable grounds for believing that either the holder of the permit is likely to contravene a condition of the permit or, if an application for the permit were being considered again, the permit would not be issued.

Item 21 of Schedule 1 to the Amendment Regulations amends subregulation 17.12(1) of the EPBC Regulations to insert a reference to subregulation 17.12(3A). Subregulation 17.12(3A) allows the CEO to, by written notice to the holder of the permit, cancel a permit issued by the CEO. The effect of this amendment is to ensure the same limitations apply to the CEO’s power to cancel a permit.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA. It is also consequential to the amendments made by item 23 of Schedule 1 to the Amendment Regulations, which insert new subregulation 17.11(2A).

Item [23] – After subregulation 17.12(3)

Regulation 17.12 of the EPBC Regulations relevantly deals with the cancellation of a permit listed in regulation 17.01. The requirements in regulation 17.12 apply to the Minister and the Director, in respect of (relevantly) the cancellation of permits for which each has the power to issue (see subregulations 17.12(2) and 17.12(3)).

Item 23 of Schedule 1 to the Amendment Regulations amends regulation 17.12 of the EPBC Regulations to insert new subregulation 17.12(3A). Subregulation 17.12(3A) allows the CEO to, by written notice to the holder of the permit, cancel a permit issued by the CEO.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [24] – Subregulation 17.12(4)

Regulation 17.12 of the EPBC Regulations relevantly deals with the suspension of a permit listed in regulation 17.01. The requirements in regulation 17.12 apply to the Minister and the Director, in respect of (relevantly) the suspension of permits for which each has the power to issue (see subregulation 17.12(4)).

Item 24 of Schedule 1 to the Amendment Regulations amends subregulation 17.12(4) of the EPBC Regulations to insert a reference to the CEO (in addition to the existing references to the Minister and Director). The effect of this amendment is to allow the CEO to, by written notice to the holder of the permit, suspend a permit issued by the CEO for the period stated in the notice.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [25] – Paragraph 18.04(d)

Regulation 18.04 of the EPBC Regulations deals with exemptions from fees for permits listed in regulation 17.01. Relevantly, paragraph 18.04(d) has the effect that no fee is payable for an application for variation of a condition or imposition of a condition for a permit, if the Minister or Director is satisfied that the variation or imposition helps to achieve the objects of the Act.

Item 25 of Schedule 1 to the Amendment Regulations amends paragraph 18.04(d) of the EPBC Regulations to insert a reference to the CEO (in addition to the existing references to the Minister and Director).

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act and item 2 of Schedule 1 to the Amendment Regulations which, together, transfer the functions relating to the permits listed in paragraphs 17.01(a) and (b) to the CEO of NEPA.

Item [26] – At the end of subregulation 19.01A(6)

Regulation 19.01A of the EPBC Regulations deals with delegation of powers and functions under the EPBC Regulations by the Minister, the Secretary and the Director.

Item 26 of Schedule 1 to the Amendment Regulations amends regulation 19.01A of the EPBC Regulations to insert a new note at the end of the provision. The new note explains that delegation of the CEO’s powers (including under the EPBC Regulations) is covered by section 59 of the National Environmental Protection Agency Act 2025. For this reason, the CEO is not mentioned in regulation 19.01A.

Environment Protection (Sea Dumping) Regulation 1983

Item [27] – Before regulation 1

Item 27 of Schedule 1 to the Amendment Regulations amends the Sea Dumping Regulations to insert a new subheading of ‘Part 1 – Preliminary’ before regulation 1.

This amendment is consequential to the amendments made by items 28, 29 and 30 of Schedule 1 to the Amendment Regulations which have the relevant effect of dividing Sea Dumping Regulations into Parts 1 (Preliminary) and 2 (Prescribed matters). This change is for the purposes of clarity and to modernise the drafting style.

Item [28] – Regulation 2 (after the heading)

Regulation 2 of the Sea Dumping Regulations defines key terms for the purposes of the Sea Dumping Regulations.

Item 28 of Schedule 1 to the Amendment Regulations amends regulation 2 of the Sea Dumping Regulations to insert a new note at the beginning of that provision. The new note explains that a number of terms used in the Sea Dumping Regulations are defined in the Sea Dumping Act, including CEO, controlled material, holder, owner, permit, person in charge and platform.

Item [29] – Before regulation 3

Item 29 of Schedule 1 to the Amendment Regulations amends the Sea Dumping Regulations to insert a new subheading of ‘Part 2 – Prescribed matters’ before regulation 3.

This amendment is consequential to the amendments made by items 27, 28 and 30 of Schedule 1 to the Amendment Regulations which have the relevant effect of dividing Sea Dumping Regulations into Parts 1 (Preliminary) and 2 (Prescribed matters). This change is for the purposes of clarity and to modernise the drafting style.

Item [30] – Before regulation 5

Item 215 of Schedule 2 to the EPR Act amends the Sea Dumping Act to insert new section 39A. New section 39A allows the Minister to disclose information obtained under the Sea Dumping Act to the CEO of NEPA, or to an agency, body or person prescribed in the regulations, if the Minister reasonably believes that the information will enable or assist the agency, body or person to perform its functions or exercise its powers.

Item 30 of Schedule 1 to the Amendment Regulations amends the Sea Dumping Regulations to insert new regulation 4B. New regulation 4B is made for the purpose of new paragraph 39A(1)(b) of the Sea Dumping Act and prescribes the following agencies, bodies and persons to which the Minister may disclose information under new section 39A:

the Australian Border Force (within the meaning of the Australian Border Force Act 2015);

the Australian Fisheries Management Authority;

ARPANSA (the Australian Radiation Protection and Nuclear Safety Agency);

the Australian Institute of Marine Science;

the Australian Maritime Safety Authority;

the Australian Nuclear Science and Technology Organisation;

the Commonwealth Scientific and Industrial Research Organisation;

the Department administered by the Minister administering the Administrative Review Tribunal Act 2024;

the Department administered by the Minister administering the Fisheries Management Act 1991;

the Department administered by the Minister administering the Defence Force Discipline Act 1982;

the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967;

the Department administered by the Minister administering the Australian Border Force Act 2015;

the Department administered by the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006;

the Department administered by the Minister administering the Shipping Registration Act 1981;

Geoscience Australia;

the Great Barrier Reef Marine Park Authority;

the National Offshore Petroleum Safety and Environmental Management Authority;

the National Offshore Petroleum Titles Administrator.

Item [31] – Subregulation 5(4)

Regulation 5 of the Sea Dumping Regulations prescribes fees for the purposes of applications made under the Sea Dumping Act. Subregulation 5(4) prescribes a fee of $860 for an application to the Minister to vary a permit granted under the Act.

Item 31 of Schedule 1 to the Amendment Regulations amends subregulation 5(4) of the Sea Dumping Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which transfer the functions and powers relating to permits under the Sea Dumping Act to the CEO of NEPA.

Item [32] – Regulation 6

Regulation 6 of the Sea Dumping Act prescribes the method for serving a notice to an applicant for a permit under subsection 18(3) of the Act or to the holder of a permit under subsection 20(1) or 21(2) of the Act. Such a notice must be served by being sent by post to the person concerned at the address shown on his application for the permit or, if the applicant or permit holder has notified the Minister in writing of another address for service of such notices, at that other address.

Item 32 of Schedule 1 to the Amendment Regulations amends regulation 6 of the Sea Dumping Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that the relevant notice must be served by being sent by post to the person concerned at the address shown on his application for the permit or, if the applicant or permit holder has notified the CEO in writing of another address for service of such notices, at that other address.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which transfer the functions and powers relating to permits under the Sea Dumping Act to the CEO of NEPA.

Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990

Item [33] – Regulation 4

Regulation 4 of the HW Fees Regulations prescribes the circumstances in which the Minister may wholly or partly waive a prescribed fee to be paid by a person for an application, or for a request for information relating to an application, under the HW Act.

Item 33 of Schedule 1 to the Amendment Regulations amends regulation 4 of the HW Fees Regulations to omit the references to the Minister and substitute references to the CEO.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which amend the HW Act to transfer the power for waiving prescribed fees to be paid by a person for an application, or for a request for information relating to an application, to the CEO of NEPA.

Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor Leste) Regulations 2003

Item [34] – Regulation 4 (after the heading)

Regulation 4 of the HW Timor Leste Regulations defines key terms for the purposes of the HW Timor Leste Regulations.

Item 34 of Schedule 1 to the Amendment Regulations amends regulation 4 of the HW Timor Leste Regulations to insert a new note at the beginning of that provision. The new note explains that a number of terms used in the HW Timor Leste Regulations are defined in the HW Act, including Article 11 arrangement, Australia, CEO, disposal, hazardous waste, NEPA, special import permit, special transit permit and waste.

Item [35] – Subregulation 6(2)

Regulation 6 of the HW Timor Leste Regulations sets out the content of the HW Timor Leste Regulations. Subregulation 6(2) provides that the Minister may grant special import permits authorising the import of hazardous waste from the Democratic Republic of Timor‑Leste.

Item 35 of Schedule 1 to the Amendment Regulations amends subregulation 6(2) of the HW Timor Leste Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of granting special import permits under the HW Timor Leste Regulations to the CEO of NEPA.

Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996

Item [36] – Amendments of listed provisions

Item 36 of the Amendment Regulations inserts a table setting out the amendments to the HW OECD Regulations.

The effect of the table in item 36 is as follows:

Paragraphs 8A(c) and (d)

Regulation 8A of the HW OECD Regulations provides an exception to the amber control procedure for the transboundary movement of certain wastes that are being sent for laboratory analysis. Paragraph 8A(c) requires that, for this exception to apply, notice of the proposed transboundary movement to be given to the Minister, in a form approved by the Minister, at least 30 days before the proposed movement. Paragraph 8A(b) requires that, for this exception to apply, the Minister must have, within 30 days of receiving notice of the proposed movement, confirmed in writing that the particular wastes are not subject to the amber control procedure.

Item 1 of the table in item 36 of Schedule 1 to the Amendment Regulations amends paragraphs 8A(c) and 8A(d) of the HW OECD Regulations to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is that the exception to the amber control procedure in regulation 8A will only apply where notice of the proposed transboundary movement is given to the CEO in a form approved by the CEO, and where the CEO has confirmed in writing that the particular wastes are not subject to the amber control procedure.

Subregulation 10(1), (2) and (3)

Regulation 10 of the HW OECD Regulations deals with the variation of applications for a special permit. Subregulation 10(1) provides that, at any time before the Minister grants or refuses a special permit, the applicant may give the Minister a notice stating that the application is varied as set out in the notice. Subregulation 10(2) relevantly requires the notice to be in the form approved by the Minister. Subregulation 10(3) provides that if the Minister receives a notice from the applicant, the application is taken to be varied in accordance with the notice and the application, as varied, is taken to have been received by the Minister on the day on which the Minister receives the notice.

Item 2 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 10(1), 10(2) and 10(3) of the HW OECD Regulations to omit the references to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of receiving notices to vary an application for a special permit to the CEO of NEPA.

This amendment is consequential to the amendments made by items 6, 13 and 20 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfer the functions relating to granting (respectively) special export permits, special import permits and special transit permits to the CEO of NEPA.

Regulation 11 (heading)

Regulation 11 of the HW OECD Regulations allows the Minister to request additional information from an applicant for a special permit to deal with the application.

Item 3 of the table in item 36 of Schedule 1 to the Amendment Regulations amends the heading for regulation 11 of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by items 4, 6, 13 and 20 of the table in item 36 of Schedule 1 to the Amendment Regulations, which (respectively) transfer the functions relating to requesting additional information, and granting special export permits, special import permits and special transit permits, to the CEO of NEPA.

Subregulations 11(1), (2) and (3)

Regulation 11 of the HW OECD Regulations allows the Minister to request additional information from an applicant for a special permit to deal with the application.

Subregulation 11(1) sets the relevant period within which the Minister may request additional information in relation to an application for each of a special export permit, a special import permit (other than a pre‑consented recovery facility special import permit), a pre‑consented recovery facility special import permit and a special transit permit. Subregulation 11(2) has the effect that if the Minister requests additional information in relation to an application, the decision period for the application for the permit is paused until the request is complied with, and the application is taken to be withdrawn if the request is not complied with within 60 days after the day that the request is made. Subregulation 11(3) requires the Minister, as soon as practicable after making the request, to give notice to certain persons that the decision period in relation to the application has been paused.

Item 4 of the table in item 36 of Schedule 1 to the Amendment Regulations amend subregulations 11(1), 11(2) and 11(3) of the HW OECD Regulations to omit the references to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to requesting additional information in relation to an application for a special permit to the CEO of NEPA.

This amendment is consequential to the amendments made by items 6, 13 and 20 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfer the functions relating to (respectively) granting special export permits, special import permits and special transit permits to the CEO of NEPA.

Subregulations 12(1), (2), (3) and (4)

Regulation 12 of the HW OECD Regulations deals with acknowledgement and notification requirements for applications for special permits.

Subregulation 12(1) requires the Minister to give the applicant written acknowledgement of the receipt of an application for a special permit within 3 working days of receiving the application.

Subregulation 12(2) requires the Minister to give a competent authority of an OECD country written acknowledgment of the receipt of a notification of an import proposal within 3 working days of receiving the notification.

Subregulation 12(3) requires the Minister to give the competent authority of an OECD country written notice of the receipt of an application for a special import permit for an import proposal from that country, unless the country has already notified the Minister of the proposal. The notification must be given within 3 working days of receiving the application.

Subregulation 12(4) requires the Minister to give written notice of an application for a special export permit to the competent authority of the importing country and any transit countries. The notification must be given within 3 working days of receiving the application. The notice must include the information in subregulation 12(5).

Item 5 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 12(1), 12(2), 12(3) and 12(4) of the HW OECD Regulations to omit the references to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to acknowledgement and notification of applications for special permits to the CEO of NEPA.

This amendment is consequential to the amendments made by items 6, 13 and 20 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfer the functions relating to (respectively) granting special export permits, special import permits and special transit permits to the CEO of NEPA.

Subregulations 13(1) and (2)

Regulation 13 of the HW OECD Regulations deals with the granting of special export permits and the default period for doing so.

Subregulation 13(1) requires the Minister to decide whether to grant a special export permit within the period of 40 days starting after the day the Minister receives the application. This is the decision period for the decision whether to grant a special export permit.

Subregulation 13(2) provides that if the Minister has not decided whether to grant the permit by the end of the decision period, the Minister is to be taken to have decided, on the last day of that period, to refuse the permit.

Item 6 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 13(1) and 13(2) of the HW OECD Regulations to omit the reference to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to granting special export permits to the CEO of NEPA.

Subregulation 14(2)

Regulation 14 of the HW OECD Regulations deals with notification requirements for a decision to grant or refuse a special export permit. Subregulation 14(2) requires the Minister, as soon as practicable after granting or refusing a special export permit, to:

give written notice of the decision to the competent authority of the importing country; and

if the decision is to grant the permit, give the permit to the applicant; and

if the decision is to refuse the permit, give written notice of the decision, and the reasons for the decision, to the applicant.

Item 7 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulation 14(2) of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the functions relating to notifying of a decision to grant or refuse a special export permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 6 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special export permits to the CEO of NEPA.

Regulation 15A (heading)

Regulation 15A of the HW OECD Regulations deals with the extension of the decision period for a special export permit on the Minister’s initiative.

Item 8 of the table in item 36 of Schedule 1 to the Amendment Regulations amends the heading for regulation 15A of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by items 6 and 9 of the table in item 36 of Schedule 1 to the Amendment Regulations, which (respectively) transfer the functions relating to granting special export permits, and extending the decision period for such decisions, to the CEO of NEPA.

Subregulations 15A(1) and (2)

Regulation 15A of the HW OECD Regulations deals with the extension of the decision period for a special export permit on the Minister’s initiative.

Subregulation 15A(1) allows the Minister to extend the decision period for an application for a special export permit by up to 60 days if the Minister thinks that a decision whether to grant the permit cannot be made within the decision period. Subregulation 15A(2) requires the Minister, as soon as practicable after making the decision to extend the decision period, to give written notice of the extension to the applicant and to the competent authority of the importing country and any transit countries.

Item 9 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 15A(1) and 15A(2) of the HW OECD Regulations to omit the references to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to extending the decision period for a special export permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 6 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special export permits to the CEO of NEPA.

Subregulations 15B(1) and (2)

Regulation 15B of the HW OECD Regulations deals with the extension of the decision period for a special export permit by agreement of the applicant and the Minister.

Subregulation 15B(1) provides that the decision period for an application for a special export permit is extended if the Minister and applicant agree in writing to the extension. Subregulation 15B(2) requires the Minister, as soon as practicable after the extension is agreed, to give written notice of the extension to the competent authority of the importing country and any transit countries.

Item 10 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 15B(1) and 15B(2) of the HW OECD Regulations to omit the references to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to agreeing to an extension of the decision period for a special export permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 6 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special export permits to the CEO of NEPA.

Subregulations 16(1), (2), (3), (4) and (7)

Regulation 16 of the HW OECD Regulations sets out the requirements and pre-conditions that apply to the Minister’s decision whether to grant a special export permit.

Subregulation 16(1) sets out the pre-conditions of which the Minister must be satisfied before granting a special export permit. This includes that the Minister must be satisfied that the applicant is a suitable person to be granted the permit (subparagraph 16(1)(h)(i)).

Subregulation 16(2) to (4) allows the Minister to refuse to grant the permit if the Minister is satisfied of certain factual circumstances, or if the Minister considers that it is in the public interest to do so.

Subregulation 16(7) clarifies that, in deciding whether they are satisfied that the applicant is a suitable person to be granted the permit, the Minister must consider the applicant’s financial viability, the applicant’s previous record on environmental matters and other relevant matters.

Item 11 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 16(1), 16(2), 16(3), 16(4) and 16(7) to omit the reference to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is that the requirements and pre-conditions for the decision whether to grant a special export permit apply to the CEO of NEPA.

This amendment is consequential to the amendments made by item 6 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special export permits to the CEO of NEPA.

Paragraphs 18(2)(b) and (c)

Regulation 18 of the HW OECD Regulations sets out the matters required to be specified in a special export permit. This includes any conditions specified by the Minister under regulation 33 (paragraph 18(2)(b)) and other information the Minister considers appropriate (paragraph 18(2)(c)).

Item 12 of the table in item 36 of Schedule 1 to the Amendment Regulations amends paragraphs 18(2)(b) and 18(2)(c) of the HW OECD Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO.

This amendment is consequential to the amendments made by items 6 and 28 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfer the functions relating to granting special export permits, and imposing conditions on such permits, to the CEO of NEPA.

Subregulations 19(1) and (2)

Regulation 19 of the HW OECD Regulations deals with the granting of special import permits and the default period for doing so.

Subregulation 19(1) requires the Minister to decide whether to grant a special import permit within the period of 30 days starting after the day the Minister gives the required notice to the competent authority of the exporting country for the permit, unless the application is for a pre‑consented recovery facility special import permit (in which case the decision period is 7 days after the day the Minister gives the required notice to the competent authority of the exporting country for the permit). This is the decision period for the decision whether to grant a special import permit.

Subregulation 19(2) provides that if the Minister has not decided whether to grant the permit by the end of the decision period, the Minister is to be taken to have decided, on the last day of that period, to refuse the permit.

Item 13 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 19(1) and 19(2) of the HW OECD Regulations to omit the reference to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to granting special import permits to the CEO of NEPA.

Subregulation 20(2)

Regulation 20 of the HW OECD Regulations deals with notification requirements for a decision to grant or refuse a special import permit. Subregulation 20(2) requires the Minister, as soon as practicable after granting or refusing a special import permit, to:

give written notice of the decision to the competent authority of the exporting country; and

if the decision is to grant the permit, give the permit to the applicant; and

if the decision is to refuse the permit, give written notice of the decision, and the reasons for the decision, to the applicant.

Item 14 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulation 20(2) of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the functions relating to notifying of a decision to grant or refuse a special import permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 13 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special import permits to the CEO of NEPA.

Regulation 21 (heading)

Regulation 21 of the HW OECD Regulations deals with the extension of the decision period for a special import permit on the Minister’s initiative.

Item 15 of the table in item 36 of Schedule 1 to the Amendment Regulations amends the heading for regulation 21 of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by items 13 and 16 of the table in item 36 of Schedule 1 to the Amendment Regulations, which (respectively) transfer the functions relating to granting special import permits, and extending the decision period for such decisions, to the CEO of NEPA.

Subregulations 21(1) and (2)

Regulation 21 of the HW OECD Regulations deals with the extension of the decision period for a special import permit on the Minister’s initiative.

Subregulation 21(1) allows the Minister to extend the decision period for an application for a special import permit (other than a pre-consented recovery facility special import permit) by up to 60 days if the Minister thinks that a decision whether to grant the permit cannot be made within the decision period. Subregulation 21(2) requires the Minister, as soon as practicable after making the decision to extend the decision period, to give written notice of the extension to the applicant and to the competent authority of the exporting country.

Item 16 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 21(1) and 21(2) of the HW OECD Regulations to omit the references to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to extending the decision period for a special import permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 13 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfer the functions relating to granting special import permits to the CEO of NEPA.

Subregulations 22(1) and (2)

Regulation 22 of the HW OECD Regulations deals with the extension of the decision period for a special import permit by agreement of the applicant and the Minister.

Subregulation 22(1) provides that the decision period for an application for a special import permit is extended if the Minister and applicant agree in writing to the extension. Subregulation 22(2) requires the Minister, as soon as practicable after the extension is agreed, to give written notice of the extension to the competent authority of the exporting country.

Item 17 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 22(1) and 22(2) of the HW OECD Regulations to omit the references to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to agreeing to an extension of the decision period for a special import permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 13 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special import permits to the CEO of NEPA.

Subregulations 23(1), (2), (3), (4) and (5)

Regulation 23 of the HW OECD Regulations sets out the requirements and pre-conditions that apply to the Minister’s decision whether to grant a special import permit.

Subregulation 23(1) requires that, before granting or refusing a special import permit, the Minister must consider whether the waste to which the relevant import proposal relates should be dealt with in a way other than the way set out in the proposal.

Subregulation 23(2) requires that, in considering whether the waste should be dealt with in another way, the Minister must have regard to Australia’s international obligations in relation to the international movement of hazardous waste (for example, obligations under the Basel Convention and the OECD Decision).

Subregulation 23(3) sets out the pre-conditions of which the Minister must be satisfied before granting a special import permit. This includes that the Minister must be satisfied that the applicant is a suitable person to be granted the permit (subparagraph 23(3)(f)(i)).

Subregulation 23(4) allows the Minister to refuse to grant the permit if the Minister considers that it is in the public interest to do so.

Subregulation 23(5) clarifies that, in deciding whether they are satisfied that the applicant is a suitable person to be granted the permit, the Minister must consider the applicant’s financial viability, the applicant’s previous record on environmental matters and other relevant matters.

Item 18 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 23(1), 23(2), 23(3), 23(4) and 23(5) to omit the reference to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is that the requirements and pre-conditions for the decision whether to grant a special import permit apply to the CEO of NEPA.

This amendment is consequential to the amendments made by item 13 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special import permits to the CEO of NEPA.

Paragraphs 25(2)(b) and (c)

Regulation 25 of the HW OECD Regulations sets out the matters required to be specified in a special import permit. This includes any conditions specified by the Minister under regulation 33 (paragraph 25(2)(b)) and other information the Minister considers appropriate (paragraph 25(2)(c)).

Item 19 of the table in item 36 of Schedule 1 to the Amendment Regulations amends paragraphs 25(2)(b) and 25(2)(c) of the HW OECD Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO.

This amendment is consequential to the amendments made by items 13 and 28 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfer the functions relating to granting special import permits, and imposing conditions on such permits, to the CEO of NEPA.

Subregulations 26(1) and (2)

Regulation 26 of the HW OECD Regulations deals with the granting of special transit permits and the default period for doing so.

Subregulation 26(1) requires the Minister to decide whether to grant a special transit permit within the period of 30 days starting after the day the competent authority of the OECD country from which the waste is to be exported gives the Minister written notification of the export. This is the decision period for the decision whether to grant a special transit permit.

Subregulation 26(2) provides that if the Minister has not decided whether to grant the permit by the end of the decision period, the Minister is to be taken to have decided, on the last day of that period, to refuse the permit.

Item 20 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 26(1) and 26(2) of the HW OECD Regulations to omit the reference to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to granting special transit permits to the CEO of NEPA.

Subregulation 27(2)

Regulation 27 of the HW OECD Regulations deals with notification requirements for a decision to grant or refuse a special transit permit. Subregulation 27(2) requires the Minister, as soon as practicable after granting or refusing a special transit permit, to:

give written notice of the decision to the competent authority of the exporting country; and

if the decision is to grant the permit, give the permit to the applicant; and

if the decision is to refuse the permit, give written notice of the decision, and the reasons for the decision, to the applicant.

Item 21 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulation 27(2) of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the functions relating to notifying of a decision to grant or refuse a special transit permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 20 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special import permits to the CEO of NEPA.

Regulation 28 (heading)

Regulation 28 of the HW OECD Regulations deals with the extension of the decision period for a special transit permit on the Minister’s initiative.

Item 22 of the table in item 36 of Schedule 1 to the Amendment Regulations amends the heading for regulation 28 of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by items 20 and 23 of the table in item 36 of Schedule 1 to the Amendment Regulations, which (respectively) transfer the functions relating to granting special transit permits, and extending the decision period for such decisions, to the CEO of NEPA.

Subregulations 28(1) and (2)

Regulation 28 of the HW OECD Regulations deals with the extension of the decision period for a special transit permit on the Minister’s initiative.

Subregulation 28(1) allows the Minister to extend the decision period for an application for a special transit permit by up to 60 days if the Minister thinks that a decision whether to grant the permit cannot be made within the decision period. Subregulation 28(2) requires the Minister, as soon as practicable after making the decision to extend the decision period, to give written notice of the extension to the applicant and to the competent authority of the exporting country.

Item 23 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 28(1) and 28(2) of the HW OECD Regulations to omit the references to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to extending the decision period for a special transit permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 20 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special transit permits to the CEO of NEPA.

Subregulations 28A(1) and (2)

Regulation 28A of the HW OECD Regulations deals with the extension of the decision period for a special transit permit by agreement of the applicant and the Minister.

Subregulation 28A(1) provides that the decision period for an application for a special transit permit is extended if the Minister and applicant agree in writing to the extension. Subregulation 28A(2) requires the Minister, as soon as practicable after the extension is agreed, to give written notice of the extension to the competent authority of the exporting country.

Item 24 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 28A(1) and 28A(2) of the HW OECD Regulations to omit the references to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to agreeing to an extension of the decision period for a special transit permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 20 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special import permits to the CEO of NEPA.

Subregulations 29(1), (2) and (3)

Regulation 29 of the HW OECD Regulations sets out the requirements and pre-conditions that apply to the Minister’s decision whether to grant a special transit permit.

Subregulation 29(1) sets out the pre-conditions of which the Minister must be satisfied before granting a special transit permit. This includes that the Minister must be satisfied that the applicant is a suitable person to be granted the permit (subparagraph 29(1)(d)(i)).

Subregulation 29(2) allows the Minister to refuse to grant the permit if the Minister considers that it is in the public interest to do so.

Subregulation 23(3) clarifies that, in deciding whether they are satisfied that the applicant is a suitable person to be granted the permit, the Minister must consider the applicant’s financial viability, the applicant’s previous record on environmental matters and other relevant matters.

Item 25 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 29(1), 29(2) and 29(3) to omit the reference to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is that the requirements and pre-conditions for the decision whether to grant a special transit permit apply to the CEO of NEPA.

This amendment is consequential to the amendments made by item 20 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions relating to granting special transit permits to the CEO of NEPA.

Paragraphs 31(2)(b) and (c)

Regulation 31 of the HW OECD Regulations sets out the matters required to be specified in a special transit permit. This includes any conditions specified by the Minister under regulation 33 (paragraph 31(2)(b)) and other information the Minister considers appropriate (paragraph 31(2)(c)).

Item 26 of the table in item 36 of Schedule 1 to the Amendment Regulations amends paragraphs 31(2)(b) and 31(2)(c) of the HW OECD Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO.

This amendment is consequential to the amendments made by items 20 and 28 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfer the functions relating to granting special transit permits, and imposing conditions on such permits, to the CEO of NEPA.

Subregulation 32(2)

Regulation 32 of the HW OECD Regulations provides that it is a condition of a special permit that each shipment of hazardous waste under the permit be accompanied by a completed Movement/Tracking form. Subregulation 32(2) requires the Movement/Tracking form to be in the form approved by the Minister.

Item 27 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulation 32(2) of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of approving the form of the Movement/Tracking form for special permits to the CEO of NEPA.

Subregulations 33(1), (2) and (4)

Regulation 33 of the HW OECD Regulations deals with other conditions specified in special permits. Subregulation 33(1) allows the Minister to grant a special permit subject to conditions specified in it and specify the day on or before which the permit holder must comply with the condition. Subregulation 33(2) clarifies that the day specified must not be before the import, export or transit proposal (as relevant) is carried out and must not be before the day the Minister grants the permit. Subregulation 33(4) further clarifies that a special transit permit may be granted subject to conditions that the Minister considers necessary or desirable for the purposes of ensuring the particular transit proposals are carried out.

Item 28 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 33(1), 33(2) and 33(4) of the HW OECD Regulations to omit the reference to the Minister from each of those provisions and substitute references to the CEO. The effect of this amendment is to transfer the function for specifying conditions in special permits to the CEO of NEPA.

Subregulation 34(1)

Regulation 34 of the HW OECD Regulations deals with the revoking of a special permit. Subregulation 34(1) allows the Minister to revoke a special permit if the Minister is satisfied of any of the matters mentioned in that provision.

Item 29 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulation 34(1) of the HW OECD Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the function of revoking a special permit to the CEO of NEPA.

Subregulations 34A(1), (2) and (3)

Regulation 34A of the HW OECD Regulations deals with natural justice requirements for a decision under regulation 34 to revoke a special permit. Subregulation 34A(1) prevents the Minister from revoking a special permit unless:

the Minister has given a written notice to the holder of the permit in accordance with subregulation 34A(2); and

the Minister has taken into account any information given, within 14 days after the day the notice is given to the holder, to the Minister in response to the notice.

Subregulation 34A(2) relevantly requires the notice to include an invitation for the holder of the permit to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the permit should not be revoked.

Subregulation 34A(3) clarifies that the requirement in subregulation 34A(1) to give a notice to the holder of the permit is not required if the Minister reasonably believes that the proposed revocation is necessary to prevent or lessen a serious and imminent threat to human health or the environment.

Item 30 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 34A(1), 34A(2) and 34A(3) of the HW OECD Regulations to omit the reference to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of complying with the natural justice requirements for the decision to revoke a special permit to the CEO of NEPA.

This amendment is consequential to the amendment made by item 29 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of revoking a special permit to the CEO of NEPA.

Subregulation 34B(1)

Regulation 34B of the HW OECD Regulations deals with the timing and notification requirements following a decision to revoke a special permit. Subregulation 34B(1) requires the Minister to give the holder of the permit a written notice that includes the information set out in that provision.

Item 31 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulation 34B(1) of the HW OECD Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the function of notifying the holder of a special permit of the decision to revoke the permit to the CEO of NEPA.

This amendment is consequential to the amendment made by item 29 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of revoking a special permit to the CEO of NEPA.

Subregulations 35(1) and (5)

Regulation 35 of the HW OECD Regulations deals with the surrender of a special permit. Subregulation 35(1) allows the holder of a special permit to surrender it by returning the permit to the Minister with written notice of its surrender. Subregulation 35(5) clarifies that the surrender of a special permit takes effect on the day on which the permit and notice are given to the Minister.

Item 32 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 35(1) and 35(5) of the HW OECD Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the function of accepting the surrender of special permit to the CEO of NEPA.

Subregulations 36(1) and (2)

Regulation 36 of the HW OECD Regulations deals with the varying of a special permit on application. Subregulation 36(1) allows the Minister, on application from the holder of a special permit, to vary that permit if the Minister is satisfied of the matters mentioned in that provision. Subregulation 36(2) relevantly requires the application to be in the form approved by the Minister.

Item 33 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 36(1) and 36(2) of the HW OECD Regulations to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of varying a special permit on application from the holder of the permit to the CEO of NEPA.

Regulation 37 (heading)

Regulation 37 of the HW OECD Regulations deals with requesting further information in relation to an application to vary a special permit.

Item 34 of the table in item 36 of Schedule 1 to the Amendment Regulations amends the heading for regulation 37 of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 35 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of requesting further information in relation to an application to vary a special permit to the CEO of NEPA.

Subregulations 37(1), (2) and (3)

Regulation 37 of the HW OECD Regulations deals with requesting further information in relation to an application to vary a special permit.

Subregulation 37(1) allows the Minister to request further information to deal with an application to vary a special permit, within 60 days of the application being made. Subregulation 37(2) has the effect of pausing the decision period for the application where the Minister requests further information under subregulation 37(1). It also provides that he application is taken to be withdrawn if the request is not complied with within 60 days after the day the request is made. Subregulation 37(3) requires the Minister to, as soon as practicable after requesting information under subregulation 37(1), notify relevant competent authorities of the request.

Item 35 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 37(1), 37(2) and 37(3) of the HW OECD Regulations to omit the references to the Minister in each of these provision and substitute references to the CEO. The effect of this amendment is to transfer the function of requesting further information to deal with an application to vary a special permit to the CEO of NEPA.

This amendment is consequential to the amendment made by item 33 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of varying a special permit on application from the holder of the permit to the CEO of NEPA.

Subregulations 38(1) and (2)

Regulation 38 of the HW OECD Regulations deals with acknowledgement and notification requirements for an application to vary a special permit. Subregulation 38(1) requires that, within 3 working days after receiving an application to vary a special permit, the Minister must give the applicant written acknowledgment of the receipt. Subregulation 38(2) requires that, within 5 working days after receiving the application, the Minister must give written notice of the application to the relevant competent authority.

Item 36 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 38(1) and 38(2) of the HW OECD Regulations to omit the references to the Minister in each of these provision and substitute references to the CEO. The effect of this amendment is to transfer the acknowledgement and notification requirements in relation to an application to vary a special permit to the CEO of NEPA.

This amendment is consequential to the amendment made by item 33 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of varying a special permit on application from the holder of the permit to the CEO of NEPA.

Subregulations 39(1) and (2)

Regulation 39 of the HW OECD Regulations deals with the decision period for an application to vary a special permit. Subregulation 39(1) requires the Minister to decide whether to make the variation within the period of 60 days starting after the day the Minister receives the application. This is the decision period for the application. Subregulation 39(2) has the effect that if the Minister does not make a decision on the application within the decision period:

an application to vary a special import permit or a special transit permit is deemed to have been approved; and

an application to vary a special export permit is deemed to have been refused.

Item 37 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 39(1) and 39(2) of the HW OECD Regulations to omit the references to the Minister in each of these provision and substitute references to the CEO.

This amendment is consequential to the amendment made by item 33 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of varying a special permit on application from the holder of the permit to the CEO of NEPA.

Regulation 40A (heading)

Regulation 40A of the HW OECD Regulations deals with the extension of the decision period for the variation of a special permit by application, on the Minister’s initiative.

Item 38 of the table in item 36 of Schedule 1 to the Amendment Regulations amends the heading for regulation 40A of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by items 33 and 39 of the table in item 36 of Schedule 1 to the Amendment Regulations, which (respectively) transfer the functions relating to varying special permits on application, and extending the decision period for such decisions, to the CEO of NEPA.

Subregulations 40A(1) and (2)

Regulation 40A of the HW OECD Regulations deals with the extension of the decision period for the variation of a special permit by application, on the Minister’s initiative.

Subregulation 40A(1) allows the Minister to extend the decision period for an application to vary a special permit by up to 60 days if the Minister thinks that a decision whether to grant the permit cannot be made within the decision period. Subregulation 40A(2) requires the Minister, as soon as practicable after making the decision to extend the decision period, to give written notice of the extension to the applicant and to the relevant competent authority.

Item 39 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 40A(1) and 40A(2) of the HW OECD Regulations to omit the references to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to extending the decision period for an application to vary a special permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 33 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions of varying special permits on application to the CEO of NEPA.

Subregulations 40B(1) and (2)

Regulation 40B of the HW OECD Regulations deals with the extension of the decision period for an application to vary a special permit by agreement of the applicant and the Minister.
Subregulation 40B(1) provides that the decision period for an application to vary a special permit is extended if the Minister and applicant agree in writing to the extension. Subregulation 40B(2) requires the Minister, as soon as practicable after the extension is agreed, to give written notice of the extension to the relevant competent authority.

Item 40 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 40B(1) and 40B(2) of the HW OECD Regulations to omit the references to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to agreeing to an extension of the decision period for an application to vary a special permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 33 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of varying special permits on application to the CEO of NEPA.

Regulation 40C

Regulation 40C of the HW OECD Regulation sets out the notification requirements following the decision whether to vary a special permit on application. The Minister is required to give the applicant a written notice setting out the matters in that provision.

Item 41 of the table in item 36 of Schedule 1 to the Amendment Regulations amends regulation 40C of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the functions relating to notifying the applicant of a decision on their application to vary a special permit to the CEO of NEPA.

This amendment is consequential to the amendments made by item 33 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of varying special permits on application to the CEO of NEPA.

Subdivision B of Division 3 of Part 4 (heading)

Subdivision B of Division 3 of Part 4 of the HW OECD Regulations (regulations 41 to 41C) deals with varying a special permit on the Minister’s initiative.

Item 42 of the table in item 36 of Schedule 1 to the Amendment Regulations amends the heading for Subdivision B of Division 3 of Part 4 of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by items 44 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of unilaterally varying a special permit to the CEO of NEPA.

Regulation 41 (heading)

Regulation 41 of the HW OECD Regulations deals with the power to vary a special permit on the Minister’s initiative.

Item 43 of the table in item 36 of Schedule 1 to the Amendment Regulations amends the heading for regulation 41 of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by item 44 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of unilaterally varying a special permit to the CEO of NEPA.

Subregulation 41(1)

Regulation 41 of the HW OECD Regulations deals with the power to vary a special permit on the Minister’s initiative. Subregulation 41(1) allows the Minister to vary a special permit on the Minister’s initiative if the Minister is satisfied of any of the matters mentioned in that provision.

Item 44 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulation 41(1) of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of unilaterally varying a special permit to the CEO of NEPA.

Subregulations 41A(1), (2) and (3)

Regulation 41A of the HW OECD Regulations deals with natural justice requirements for a decision under regulation 41 to vary a special permit on the Minister’s initiative.

Subregulation 41A(1) prevents the Minister from varying a special permit on the Minister’s initiative unless:

the Minister has given a written notice to the holder of the permit in accordance with subregulation 41A(2); and

the Minister has taken into account any information given, within 14 days after the day the notice is given to the holder, to the Minister in response to the notice.

Subregulation 41A(2) relevantly requires the notice to include an invitation for the holder of the permit to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the permit should not be varied.

Subregulation 41A(3) clarifies that the requirement in subregulation 41A(1) to give a notice to the holder of the permit is not required if the Minister reasonably believes that the proposed variation is necessary to prevent or lessen a serious and imminent threat to human health or the environment.

Item 45 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 41A(1), 41A(2) and 41A(3) of the HW OECD Regulations to omit the reference to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of complying with the natural justice requirements for the decision to unilaterally vary a special permit to the CEO of NEPA.

This amendment is consequential to the amendment made by item 44 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of unilaterally varying a special permit to the CEO of NEPA.

Subregulation 41B(1)

Regulation 41B of the HW OECD Regulations deals with the timing and notification requirements following a decision to vary a special permit on the Minister’s initiative. Subregulation 41B(1) requires the Minister give the holder of the permit a written notice that includes the information set out in that provision.

Item 46 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulation 41B(1) of the HW OECD Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the function of notifying the holder of a special permit of the decision to unilaterally vary the permit to the CEO of NEPA.

This amendment is consequential to the amendment made by item 44 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the function of unilaterally varying a special permit to the CEO of NEPA.

Subregulations 42(1), (2), (3) and (4)

Regulation 42 of the HW OECD Regulations deals with the pre-consent of recovery facilities.

Subregulation 42(1) allows the Minister to give pre‑consent, in writing, to a facility for the purpose of carrying out recovery operations on waste subject to the amber control procedure that is imported under a special import permit.

Subregulation 42(2) has the effect that the Minister can only give pre‑consent under subregulation 42(1) to a facility if the Minister is satisfied that the facility is capable of carrying out recovery operations on waste subject to the amber control procedure in a manner appropriate to give effect to Australia’s obligations under the OECD Decision.

Subregulation 42(3) clarifies that the Minister may give a pre‑consent under subregulation 42(1) for a specified period of time.

Subregulation 42(4) clarifies that the Minister may at any time revoke a pre‑consent given under subregulation 42(1).

Item 47 of the table in item 36 of Schedule 1 to the Amendment Regulations amends subregulations 42(1), 42(2), 42(3) and 42(4) of the HW OECD Regulations to omit the references to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to granting and revoking pre-consent to a facility to the CEO of NEPA.

Regulation 43

Regulation 43 of the HW OECD Regulations provides that application may be made to the Administrative Review Tribunal for the review of certain decisions by the Minister relating to pre-consented recovery facilities, or the giving of pre-consent for recovery facilities.

Item 48 of the table in item 36 of Schedule 1 to the Amendment Regulations amends regulation 43 of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by items 20 and 47 of the table in item 36 of Schedule 1 to the Amendment Regulations, which transfers the functions for making the relevant decisions to the CEO of NEPA.

Paragraph 44(2)(c)

Regulation 44 of the HW OECD Regulations deals with the application of amendments to the HW OECD Regulations in 2021. Paragraph 44(2)(c) has the relevant effect that the amendments of Part 4 made by the 2021 amendments apply in relation to a decision, on the Minister’s own initiative, on or after that day whether to vary a special permit, whether the permit was granted before, on or after that day.

Item 49 of the table in item 36 of Schedule 1 to the Amendment Regulations amends paragraph 44(2)(c) of the HW OECD Regulations to omit the reference to the Minister and substitute a reference to the CEO. This amendment ensures the application provisions for the 2021 amendments continue to operate once the functions relating to revoking and unilaterally varying special permits are transferred to the CEO of NEPA.

Hazardous Waste (Regulation of Exports and Imports) Regulations 1996

Item [37] – Regulation 3 (after paragraph (b) of the note)

Regulation 3 of the HW Regulations defines key terms for the purposes of the HW Regulations. The note at the beginning of regulation 3 explains that a number of terms used in the HW Regulations are defined in the HW Act, including Basel Convention, Basel Export permit, competent authority, foreign country and relevant person.

Item 37 of Schedule 1 to the Amendment Regulations amends the note at the beginning of regulation 3 of the HW Regulations to insert new paragraph (ba). New paragraph (ba) has the effect of including CEO in the list of terms that are defined in the HW Act.

Item [38] – Regulation 5

Regulation 5 of the HW Regulations prescribes, for the purposes of subsections 16A(1) and 26C(1) of the HW Act, the information of which the Minister is required to notify to a competent authority of a foreign country in relation to an application for a Basel export permit or an application for a variation of a Basel export permit.

Item 38 of Schedule 1 to the Amendment Regulations amends regulation 5 of the HW Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to Basel export permits under the HW Act to the CEO of NEPA.

Item [39] – Subparagraph 8(1)(b)(i)

Regulation 8 of the HW Regulations prescribes, for the purposes of subsection 53(3) of the HW Act, the process to be followed after an audit has been completed. This includes a requirement, at paragraph 8(1)(b), that an auditor who completes an audit must, within 14 days after the day the audit is completed, make a written report of the audit and give a copy of the audit report to:

the Secretary, in the manner approved by the Secretary (subparagraph 8(1)(b)(i)); and

the relevant person for the audit (subparagraph 8(1)(b)(ii)).

Item 39 of Schedule 1 to the Amendment Regulations amends subparagraph 8(1)(b)(i) of the HW Regulations to omit the references to the Secretary and substitute references to the CEO. The effect of this amendment is to transfer the function of receiving the audit report for an audit to the CEO of NEPA (in addition to the relevant person for the audit).

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to audits under the HW Act to the CEO of NEPA.

Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999

Item [40] – Regulation 4 (after the heading)

Regulation 4 of the HW Waigani Regulations defines key terms for the purposes of the HW Waigani Regulations.

Item 40 of Schedule 1 to the Amendment Regulations amends regulation 4 of the HW Waigani Regulations to insert a new note at the beginning of that provision. The new note explains that a number of terms used in the HW Waigani Regulations are defined in the HW Act, including Article 11 arrangement, Australia, CEO, disposal, hazardous waste, NEPA, special import permit, special transit permit and waste.

Item [41] – Regulation 6

Regulation 6 of the HW Waigani Regulations clarifies that nothing in the HW Waigani Regulations or Division 3 or 4 of Part 2 of the HW Act (as taken to apply by regulation 10 or 11 of the HW Waigani Regulations) authorises the Minister to grant:

an export permit for the export of hazardous waste to a Forum Island Country, or a territory within the Waigani Convention area (other than New Zealand); or

an import permit for the import of hazardous waste from a country within the Waigani Convention Area that is not a Party to the Waigani Convention; or

a transit permit for the transit of hazardous waste from, or to, a country within the Waigani Convention Area that is not a Party to the Waigani Convention.

Item 41 of Schedule 1 to the Amendment Regulations amends regulation 6 of the HW Waigani Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by:

items 48 and 49 of Schedule 1 to the Amendment Regulations, which transfer the functions in the HW Waigani Regulations relating granting permits to the CEO of NEPA; and

Schedule 2 of the EPR Act, which relevantly transfer the powers and functions under the HW Act relating to granting of permits to the CEO of NEPA.

Item [42] – Regulation 6 (note 3)

Regulation 6 of the HW Waigani Regulations clarifies that nothing in the HW Waigani Regulations or Division 3 or 4 of Part 2 of the HW Act (as taken to apply by regulation 10 or 11 of the HW Waigani Regulations) authorises the Minister to grant:

an export permit for the export of hazardous waste to a Forum Island Country, or a territory within the Waigani Convention area (other than New Zealand); or

an import permit for the import of hazardous waste from a country within the Waigani Convention Area that is not a Party to the Waigani Convention; or

a transit permit for the transit of hazardous waste from, or to, a country within the Waigani Convention Area that is not a Party to the Waigani Convention.

Note 3 after regulation 6 explains that, in addition, the HW Act directs the Minister not to grant a special export permit, a special import permit, or a special transit permit if the Minister is satisfied that the grant could result in hazardous waste being brought into Antarctica, and directs the reader to section 13F of the HW Act.

Item 42 of Schedule 1 to the Amendment Regulations amends note 3 after regulation 6 of the HW Waigani Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions under the HW Act relating to granting permits to the CEO of NEPA.

Item [43] – Subregulation 8(1)

Regulation 8 of the HW Waigani Regulations deals with Competent Authorities for the Waigani Convention. Subregulation 8(1) requires the Minister to publish a notice on the Department’s website, setting out, for a Party:

the authority of the Party that is the Competent Authority for the Convention, and the address of that authority; and

the language that is acceptable to the Party.

Item 43 of Schedule 1 to the Amendment Regulations amends subregulation 8(1) of the HW Waigani Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of publishing the notice to the CEO of NEPA.

Item [44] – Subregulation 8(1)

Regulation 8 of the HW Waigani Regulations deals with Competent Authorities for the Waigani Convention. Subregulation 8(1) requires the Minister to publish a notice on the Department’s website, setting out, for a Party:

the authority of the Party that is the Competent Authority for the Convention, and the address of that authority; and

the language that is acceptable to the Party.

Item 44 of Schedule 1 to the Amendment Regulations amends subregulation 8(1) of the HW Waigani Regulations to omit the reference to the Department’s website and substitute a reference to the NEPA’s website.

This amendment is consequential to the amendment made by item 43 of Schedule 1 to the Amendment Regulations, which transfers the function of publishing the notice to the CEO of NEPA.

Item [45] – Subregulation 8(2)

Regulation 8 of the HW Waigani Regulations deals with Competent Authorities for the Waigani Convention. Subregulation 8(1) requires the Minister to publish a notice on the Department’s website, setting out, for a Party:

the authority of the Party that is the Competent Authority for the Convention, and the address of that authority; and

the language that is acceptable to the Party.

Subregulation 8(2) clarifies that, for the notice mentioned in subregulation 8(1), the Minister may rely on any information supplied by a Party from time to time, and is not obliged to verify that the information is correct.

Item 45 of Schedule 1 to the Amendment Regulations amends subregulation 8(1) of the HW Waigani Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 43 of Schedule 1 to the Amendment Regulations, which transfers the function of publishing the notice to the CEO of NEPA.

Item [46] – Subregulation 10(2)

Regulation 10 of the HW Waigani Regulations has the effect of applying sections 12 and 13B, and Divisions 3 and 4 of Part 2, of the HW Act to a Waigani import permit, or an application for such a permit, as if:

a reference to the Basel Convention were a reference to the Waigani Convention; and

a reference to a Basel permit or a Basel import permit were a reference to a Waigani import permit; and

provisions that apply only in relation to an export permit, or an application for such a permit, were omitted.

However subregulation 10(2) also imposes additional requirements of which the Minister must be satisfied before granting a Waigani import permit.

Item 46 of Schedule 1 to the Amendment Regulations amends subregulation 10(2) of the HW Waigani Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is that the CEO must be satisfied of the additional requirements in subregulation 10(2) before granting a Waigani import permit.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions under the HW Act relating to granting permits to the CEO of NEPA.

Item [47] – Subregulation 11(2)

Regulation 11 of the HW Waigani Regulations has the effect of applying sections 13A and 13B, and Divisions 3 and 4 of Part 2, of the HW Act to a Waigani transit permit, or an application for such a permit, as if:

a reference to the Basel Convention were a reference to the Waigani Convention; and

a reference to a Basel permit or a Basel import permit were a reference to a Waigani import permit; and

provisions that apply only in relation to an export permit, or an application for such a permit, were omitted.

However subregulation 11(2) also imposes additional requirements of which the Minister must be satisfied before granting a Waigani transit permit.

Item 47 of Schedule 1 to the Amendment Regulations amends subregulation 11(2) of the HW Waigani Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is that the CEO must be satisfied of the additional requirements in subregulation 11(2) before granting a Waigani transit permit.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions under the HW Act relating to granting permits to the CEO of NEPA.

Item [48] – Paragraph 15(a)

Regulation 15 of the HW Waigani Regulations provides that it is a condition of a Waigani import permit or a Waigani transit permit that if an accident occurs during a transboundary movement of hazardous waste under the permit, and the accident is likely to present a risk to human health or the environment, the holder of the permit must immediately inform:

the Department (see paragraph 15(a)); and

the Competent Authority of any affected Party (other than Australia) (see paragraph 15(b)); and

the appropriate authority of any other affected country (see paragraph 15(c)).

Item 48 of Schedule 1 to the Amendment Regulations amends paragraph 15(a) of the HW Waigani Regulations to omit the reference to the Department and substitute a reference to the CEO. The effect of this amendment is that the CEO must be notified of an accident occurring during a transboundary movement of hazardous waste under a Waigani import permit or a Waigani transit permit, where the accident is likely to present a risk to human health or the environment.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions under the HW Act relating to permits to the CEO of NEPA.

Item [49] – Regulation 15 (note)

Regulation 15 of the HW Waigani Regulations provides that it is a condition of a Waigani import permit or a Waigani transit permit that if an accident occurs during a transboundary movement of hazardous waste under the permit, and the accident is likely to present a risk to human health or the environment, the holder of the permit must immediately inform:

the Department (see paragraph 15(a)); and

the Competent Authority of any affected Party (other than Australia) (see paragraph 15(b)); and

the appropriate authority of any other affected country (see paragraph 15(c)).

The note following regulation 15 explains that the Department means the Department administered by the Minister who administers the HW Waigani Regulations, and that in 2017, this was the Department of the Environment and Energy.

Item 49 of Schedule 1 to the Amendment Regulations amends regulation 15 of the HW Waigani Regulations to remove the note following that provision.

This amendment is consequential to the amendments made by item 48 of Schedule 1 to the Amendment Regulations, which remove the reference to the Department in regulation 15.

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2023

Item [50] – Section 5 (before paragraph (a) of note 2)

Regulation 5 of the OPSGG Import Levy Regulations defines key terms for the purposes of the OPSGG Import Levy Regulations. Note 2 at the beginning of regulation 5 explains that a number of terms used in the OPSGG Import Levy Regulations are defined in the OPSGG Import Levy Act or the OPSGGM Act, including HCFC, ODP tonnes, reporting period, SGG and SGG equipment.

Item 50 of Schedule 1 to the Amendment Regulations amends note 2 at the beginning of regulation 5 of the OPSGG Import Levy Regulations to insert new paragraph (aa). New paragraph (aa) has the effect of including CEO in the list of terms that are defined in the OPSGG Import Levy Act or the OPSGGM Act.

Item [51] – Subsections 6(1) and (2)

Subsection 3A(1) of the OPSGG Import Levy Act imposes a levy on the holder of a controlled substances licence in respect of the import of a synthetic greenhouse gas (SGG) during a reporting period during which the licence is in force. Subsection 3A(4) has the relevant effect that this levy is not imposed on the import of an SGG if:

the SGG is imported for the purpose of the destruction of the SGG (see paragraph 3A(4)(b)); and

the conditions specified in the regulations are satisfied (see paragraph 3A(4)(b)).

Regulation 6 of the OPSGG Import Levy Regulations is made for the purposes of paragraph 3A(4)(b) of the OPSGG Import Levy Act and specifies conditions that must be satisfied for the levy not to be imposed on the import of an SGG by the holder of a controlled substances licence. Subregulation 6(1) requires the licensee to give the Secretary certain evidence in a form approved by the Secretary. Subregulation 6(2) sets the timeframe for when the evidence listed in subregulation 6(1) must be provided to the Secretary.

Item 51 of Schedule 1 to the Amendment Regulations amends subregulations 6(1) and 6(2) of the OPSGG Import Levy Regulations to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of receiving the evidence specified in subregulation 6(1) to the CEO of NEPA.

Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995

Item [52] – Regulation 2 (note)

Regulation 2 of the OPSGGM Regulations defines key terms for the purposes of the OPSGGM Regulations. The note at the beginning of regulation 2 explains that a number of terms used in the OPSGGM Regulations are defined in the OPSGGM Act, including 100-year global warming potential.

Item 52 of Schedule 1 to the Amendment Regulations amends regulation 2 of the OPSGGM Regulations to repeal the existing note at the beginning of the regulation and insert a new note. The new note explains that a number of terms used in the OPSGGM Regulations are defined in the OPSGGM Act, and lists CEO, heel allowance percentage, HFC and SGG as examples of terms defined in the OPSGGM Act (in addition to 100-year global warming potential).

Item [53] – Regulation 2

Regulation 2 of the OPSGGM Regulations defines key terms for the purposes of the OPSGGM Regulations.

Item 53 of Schedule 1 to the Amendment Regulations amends regulation 2 of the OPSGGM Regulations to insert a new definition for NEPA. NEPA is defined to have the same meaning as in the National Environmental Protection Agency Act 2025 (NEPA Act), which establishes the National Environmental Protection Agency (see section 9 of the NEPA Act). The note following the new definition explains that NEPA is short for the National Environmental Protection Agency.

Item [54] – Amendments of listed provisions

Item 54 of the Amendment Regulations inserts a table setting out the amendments to the OPSGGM Regulations (other than the amendments made by items 52 and 53).

The effect of the table in item 54 is as follows:

Paragraph 3A(7)(a)

Regulation 3A of the OPSGGM Regulations deals with the unlicensed import of scheduled substances or equipment, for the purposes of section 13AA of the OPSGGM Act. Relevantly, subregulation 3A(7) prescribes, for the purposes of paragraph 13AA(7)(c) of the OPSGGM Act, conditions that must be met before being able to import SGG equipment without a licence under the household use exemption in subsection 13AA(7) of the OPSSGM Act. This includes a condition that the person comply with any notice from the Secretary requesting certain evidence in support of the proposed import meeting the exemption (paragraph 3A(7)(a)).

Item 1 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 3A(7)(a) of the OPSGGM Regulations to omit the reference to Secretary and substitute a reference to the CEO. The effect of this amendment is transfer the function of providing a notice requesting evidence in support of the household use exemption to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing imports, exports and manufacture of scheduled substances, and the import of equipment under the OPSGGM Act to the CEO of NEPA.

Subregulations 3C(2), (3), (4), (5) and (6)

Regulation 3C of the OPSGGM Regulations deals with application fees relating to licences for the import, export or manufacture of scheduled substances, and the import of equipment, under the OPSGGM Act. Subregulations 3C(2), (3), (4), (5) and (6) set out the circumstances in which the Minister may waive an application fee for each kind of licence.

Item 2 of the table in item 54 of Schedule 1 to the Amendment Regulations amends each of paragraphs 3C(2), (3), (4), (5) and (6) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of waiving licence application fees to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing imports, exports and manufacture of scheduled substances, and the import of equipment under the OPSGGM Act to the CEO of NEPA.

Paragraph 3D(b)

Regulation 3D of the OPSGGM Regulations deals with application fees relating to the renewal of licences for the import, export or manufacture of scheduled substances, and the import of equipment, under the OPSGGM Act. Paragraph 3D(b) allows the Minister to waive the application fee for a renewal of a licence of a particular type in the same circumstances in which the Minister could waive the application fee for a licence of that type under subregulations 3C(2), (3), (4), (5) or (6).

Item 3 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 3D(b) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of waiving application fees for the renewal of licences to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing imports, exports and manufacture of scheduled substances, and the import of equipment under the OPSGGM Act to the CEO of NEPA.

Regulation 3DA (heading)

Regulation 3DA of the OPSGGM Regulations prescribes, for the purposes of subsection 16(5) of the OPSGGM Act, circumstances in which the Minister may grant an equipment licence to a person to import SGG equipment.

Item 4 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the heading to regulation 3DA of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by item 5 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends regulation 3DA.

Subregulation 3DA(1)

Regulation 3DA of the OPSGGM Regulations prescribes, for the purposes of subsection 16(5) of the OPSGGM Act, circumstances in which the Minister may grant an equipment licence to a person to import SGG equipment. Subregulation 3DA(1) has the effect that, before granting such a licence, the Minister must be satisfied of the matters listed in paragraphs 3DA(1)(a) and (b).

Item 5 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 3DA(1) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of being satisfied of the matters listed in paragraphs 3DA(1)(a) and (b) to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing imports, exports and manufacture of scheduled substances, and the import of equipment under the OPSGGM Act to the CEO of NEPA.

Regulation 3E (heading)

Regulation 3E of the OPSGGM Regulations prescribes, for the purposes of paragraph 16(6)(b) of the OPSGGM Act, circumstances in which the Minister may grant an equipment licence to a person to import ODS equipment.

Item 6 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the heading to regulation 3E of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 7 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends regulation 3E.

Regulation 3E

Regulation 3E of the OPSGGM Regulations prescribes, for the purposes of paragraph 16(6)(b) of the OPSGGM Act, circumstances in which the Minister may grant an equipment licence to a person to import ODS equipment. Before granting such a licence, the Minister must be satisfied any of the matters listed in paragraphs 3E(a) to (e).

Item 7 of the table in item 54 of Schedule 1 to the Amendment Regulations amends regulation 3E of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of being satisfied of the matters listed in paragraphs 3E(a) to (e) to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing imports, exports and manufacture of scheduled substances, and the import of equipment under the OPSGGM Act to the CEO of NEPA.

Subregulation 4(1)

Regulation 4 of the OPSGGM Regulations deals with the publication of information relating to licences under the OPSGGM Act. Subregulation 4(1) prescribes, for the purposes of section 22 of the OPSGGM Act, that the Secretary may publish on the Department’s website details of licences granted, suspended, cancelled and surrendered.

Item 8 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 4(1) of the OPSGGM Regulations to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of publishing details of licences granted, suspended, cancelled and surrendered under the OPSGGM Act to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing imports, exports and manufacture of scheduled substances, and the import of equipment under the OPSGGM Act to the CEO of NEPA.

Subregulation 4(1)

Regulation 4 of the OPSGGM Regulations deals with the publication of information relating to licences under the OPSGGM Act. Subregulation 4(1) prescribes, for the purposes of section 22 of the OPSGGM Act, that the Secretary may publish on the Department’s website details of licences granted, suspended, cancelled and surrendered.

Item 9 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 4(1) of the OPSGGM Regulations to omit the reference to the Department and substitute a reference to the NEPA. The effect of this amendment is that the details of licences granted, suspended, cancelled and surrendered under the OPSGGM Act will be published on the NEPA’s website rather than the Department’s website.

This amendment is consequential to the amendment made by item 8 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of publishing this information to the CEO of NEPA.

Subregulation 4(3)

Regulation 4 of the OPSGGM Regulations deals with the publication of information relating to licences under the OPSGGM Act. Subregulation 4(3) requires the Secretary to ensure that the published details are updated as soon as practicable after any change and, in any event, at least every 6 months.

Item 10 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 4(3) of the OPSGGM Regulations to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of updating the published information relating to licences to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing imports, exports and manufacture of scheduled substances, and the import of equipment under the OPSGGM Act to the CEO of NEPA.

Regulation 40

Part 4A (regulations 40 to 64) of the OPSGGM Regulations deals with hydrofluorocarbon (HFC) quota requirements. Regulation 40 provides a simplified outline of Part 4A. The simplified outline relevantly explains that:

non‑grandfathered quota is allocated in accordance with a legislative instrument made by the Minister; and

the Minister may allocate a person a reserve HFC quota for a calendar year in certain circumstances; and

the size of any reserve HFC quota allocated by the Minister must not exceed the size of the delayed consignments.

Item 11 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the simplified outline in regulation 40 of the OPSGGM Regulations to omit each reference to the Minister and substitute references to the CEO.

This amendment is consequential to the amendments made by items 19 and 31 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulations 51(4), 62(1) and 62(2) of the OPSGGM Regulations to transfer the powers and functions described above to the CEO of NEPA.

Paragraphs 43(b) and (c)

Regulation 43 of the OPSSGM Regulations sets out the purpose of Division 4A.3 of the OPSGGM Regulations (relating to applications, allocation and size of HFC quota). Division 4A.3 is made for the purposes of subsection 36C(1) of the OPSGGM Act. Paragraphs 43(b) and (c) respectively provide that Division 4A.3 provides for and in relation to:

a process for the Minister to allocate HFC quotas for calendar years to SGG licensees; and

a process for the Minister to vary the size of HFC quotas, or cancel HFC quota.

Item 12 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraphs 43(b) and (c) of the OPSGGM Regulations to omit the references to the Minister and substitute references to the CEO.

This amendment is consequential to the amendments made by items 18 and 21 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulations 45(1), 45(2), 54(1) and 54(3) of the OPSGGM Regulations to transfer the powers and functions described above to the CEO of NEPA.

Subregulation 44(1) (note)

Regulation 44 of the OPSGGM Regulations provides for a person to apply for HFC quotas for both of the calendar years in a HFC allocation period in certain circumstances. The note following subregulation 44(1) explains that the Minister cannot allocate HFC quota for a HFC quota allocation period until the Minister has finalised any outstanding applications for an SGG licence or the renewal of a SGG licence by a person who has applied for HFC quota for that allocation period (and directs the reader to subregulation 44(4)).

Item 13 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the note following subregulation 44(1) to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 18 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulation 45(1) of the OPSGGM Regulations to transfer the power to allocate HFC quota to the CEO of NEPA.

Paragraph 44(2)(b)

Regulation 44 of the OPSGGM Regulations provides for a person to apply for HFC quotas for both of the calendar years in a HFC allocation period in certain circumstances. Paragraph 44(2)(b) requires an application for HFC quota to be given to the Minister.

Item 14 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 44(2)(b) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to require an application for HFC quota be given to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulation 44(3)

Regulation 44 of the OPSGGM Regulations provides for a person to apply for HFC quotas for both of the calendar years in a HFC allocation period in certain circumstances. Subregulation 44(3) requires the Minister to, by legislative instrument, determine the day on or before which applications for HFC quotas for the calendar years in the first HFC quota allocation period must be given.

Item 15 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 44(3) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to require the CEO to, by legislative instrument, determine the day on or before which applications for HFC quotas for the calendar years in the first HFC quota allocation period must be given.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulation 44(4) (heading)

Regulation 44 of the OPSGGM Regulations provides for a person to apply for HFC quotas for both of the calendar years in a HFC allocation period in certain circumstances. Subregulation 44(4) has the effect that the Minister cannot allocate HFC quota for a HFC quota allocation period until the Minister has finalised any outstanding applications for an SGG licence, or the renewal of a SGG licence, by a person who has applied for HFC quota for that allocation period.

Item 16 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the heading for subregulation 44(4) to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 17 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulation 44(4).

This amendment is also consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulation 44(4)

Regulation 44 of the OPSGGM Regulations provides for a person to apply for HFC quotas for both of the calendar years in a HFC allocation period in certain circumstances. Subregulation 44(4) has the effect that the Minister cannot allocate HFC quota for a HFC quota allocation period until the Minister has finalised any outstanding applications for an SGG licence, or the renewal of a SGG licence, by a person who has applied for HFC quota for that allocation period.

Item 17 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the subregulation 44(4) to omit the reference to the Minister and substitute a reference to the CEO. This amendment reflects that the function of allocating HFC quota is being transferred to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulations 45(1) and (2)

Regulation 45 of the OPSGGM Regulations deals with the allocation of HFC quota. Subregulation 45(1) requires the Minister to (subject to subregulation 44(4)) allocate an HFC quota for each of the calendar years in an HFC quota allocation period to a person if the person is entitled to amounts of grandfathered quota or non‑grandfathered quota for the years. Subregulation 45(2) requires the Minister to determine the size of each HFC quota in accordance with regulation 47.

Item 18 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 45(1) and (2) to omit the reference to the Minister in both provisions and substitute a reference to the CEO. The effect of this amendment is to transfer the functions of allocating HFC quota, and determining the size of each HFC quota, to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulations 51(4) and (5)

Regulation 51 deals with non-grandfathered quota. Subregulation 51(4) requires the Minister to, by legislative instrument, determine the following in relation to an HFC quota allocation period:

requirements for a person to be entitled to an amount of non‑grandfathered quota for each of the calendar years in the period;

the amount, or the method for working out the amount, of non‑grandfathered quota to which a person is entitled for each of the years.

Subregulation 51(5) sets out the mandatory considerations for the Minister when making a determination under subregulation 51(4).

Item 19 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 51(4) and 51(5) to omit the reference to the Minister from both provisions and substitute a reference to the CEO. The effect of this amendment is to transfer the power to make a legislative instrument under subregulation 51(4) to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulations 52(3), (4) and (6)

Regulation 52 of the OPSGGM Regulations deals with business succession in relation to the allocation of HFC quota. Subregulation 52(3) relevantly requires that an application under subregulation 52(1) or (2) (relating to requesting that a licensed regulated HFC activity in a previous quota allocation period be taken to have been engaged in by another person) be given to the Minister. Subregulation 52(4) has the effect of deeming activities that are the subject of a request made to the Minister under subregulation (1) or (2) to have been taken by the other person. Subregulation 52(6) relevantly requires that an application to vary or withdraw a request that has been made under subregulation 52(1) or (2) be made to the Minister.

Item 20 of the table in item 54 of Schedule 1 to the Amendments Regulations amends each of subregulations 52(3), (4) and (6) to omit the references to the Minister from these provisions and substitute references to the CEO. The effect of these amendments is to transfer the functions relating to business succession for HFC quota allocation to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulations 54(1) and (3)

Regulation 54 of the OPSGGM Regulations deals with the correcting of HFC quotas. Subregulation 54(1) requires the Minister to amend the size of a HFC quota allocated to a person where the Minister is satisfied the size of the allocated quota is incorrect. Subregulation 54(3) requires the Minister to cancel a HFC quota allocated to a person where the Minister is satisfied the person is not entitled to the quota.

Item 21 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 54(1) and 54(3) to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions of amending and cancelling HFC quota that has been allocated to a person to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Paragraph 55(2)(b)

Regulation 55 of the OPSGGM Regulations allows an SGG licensee to apply for part of the HFC quota that has been allocated to them to be retired. Paragraph 55(2)(b) relevantly requires an application to retire HFC quota to be made to the Minister.

Item 22 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 55(2)(b) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to require an application to retire HFC quota to be made to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulations 56(1) and (2)

Regulation 56 of the OPSGGM Regulations deals with consultation before HFC quota is retired. Subregulation 56(1) requires the Minster, before making a decision on whether to retire HFC quota, to consult industry and the public about the application. Subregulation 56(2) sets out the circumstances in which the Minister is taken to have complied with the obligation in subregulation 56(1).

Item 23 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 56(1) and (2) of the OPSGGM Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect is to transfer the obligation to consult prior to making a decision whether to retire HFC quota to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Paragraph 56(2)(a)

Regulation 56 of the OPSGGM Regulations deals with consultation before HFC quota is retired. Subregulation 56(2) sets out the circumstances in which the Minister is taken to have complied with the obligation in subregulation 56(1) to consult prior to making a decision whether to retire HFC quota. This relevantly includes publishing the application on the Department’s website for comment (paragraph 56(2)(a)).

Item 24 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 56(2)(a) of the OPSGGM Regulations to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is that the application needs to be published on the NEPA’s website rather than the Department’s website.

This amendment is consequential to the amendments made by item 23 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of consulting on an application to retire HFC quota to the CEO of NEPA.

Subparagraph 56(2)(b)(i)

Regulation 56 of the OPSGGM Regulations deals with consultation before HFC quota is retired. Subregulation 56(2) sets out the circumstances in which the Minister is taken to have complied with the obligation in subregulation 56(1) to consult prior to making a decision whether to retire HFC quota. This relevantly includes notifying SGG licensees that the application or description is published on the Department’s website for comment (subparagraph 56(2)(b)(i)).

Item 26 of the table in item 5 4of Schedule 1 to the Amendment Regulations amends subparagraph 56(2)(b)(i) of the OPSGGM Regulations to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is that the decision-maker needs to notify SGG licensees that the application or description is published on the NEPA’s website rather than the Department’s website.

This amendment is consequential to the amendments made by item 23 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of consulting on an application to retire HFC quota to the CEO of NEPA.

Paragraph 56(2)(c)

Regulation 56 of the OPSGGM Regulations deals with consultation before HFC quota is retired. Subregulation 56(2) sets out the circumstances in which the Minister is taken to have complied with the obligation in subregulation 56(1) to consult prior to making a decision whether to retire HFC quota. This includes not making a decision on the application before the end of 20 days after the Minister publishes the application on the Department’s website for comment.

Item 26 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 56(2)(c) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. This amendment reflects that the function of consulting on an application to retire quota is being transferred to the CEO of NEPA.

This amendment is consequential to the amendments made by item 27 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of retiring HFC quota to the CEO of NEPA.

Subregulation 57(1) and (3)

Regulation 57 of the OPSGGM Regulations deals with the Minister’s decision on an application to retire HFC quota. Subregulation 57(1) requires the Minister, on receiving an application to retire HFC quota, to either retire (by notifiable instrument) a specified percentage of the licensee’s entitlement to HFC quotas for those years, or refuse the application by written notice given to the applicant. Subregulation 57(3) set out the mandatory considerations for the Minister when deciding whether to retire HFC quota.

Item 27 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 57(1) and 57(3) of the OPSGGM Regulations to omit the reference to the Minister from both provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of retiring HFC quota to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulation 58(1)

Regulation 58 of the OPSGGM Regulations sets out the legal effect of retiring HFC quota. Subregulation 58(1) provides that regulation 58 applies where the Minister retires a percentage of the entitlement of an SGG licensee to HFC quotas for calendar years occurring in or after a particular HFC quota allocation period.

Item 28 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 58(1) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. This amendment reflects that the function of retiring quota is being transferred to the CEO of NEPA.
This amendment is consequential to the amendments made by item 27 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of retiring HFC quota to the CEO of NEPA.

Paragraphs 60(1)(b) and (c)

Regulation 60 of the OPSGGM Regulations sets out the purpose of Division 4A.4 of the OPSGGM Regulations. Division 4A.4 (concerning reserve HFC quota) is made for the purposes of subsections 36G(2) and (3) of the OPSGGM Act. Paragraphs 60(1)(b) and (c) respectively provide that Division 4A.4 provides for and in relation to:

a process for the Minister to allocate reserve HFC quotas for calendar years to SGG licensees; and

a process for the Minister to vary the size of reserve HFC quotas, or cancel reserve HFC quota.

Item 29 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraphs 60(1)(b) and (c) of the OPSGGM Regulations to omit the references to the Minister and substitute references to the CEO.

This amendment is consequential to the amendments made by items 31 and 32 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amend subregulations 62(1), 62(2), 63(1) and 63(2) of the OPSGGM Regulations to transfer the powers and functions described above to the CEO of NEPA.

Paragraph 61(2)(b)

Regulation 61 of the OPSGGM Regulations allows a person to apply for a reserve HFC quota for a calendar year in certain circumstances. Paragraph 61(2)(b) relevantly requires an application for reserve HFC quota to be made to the Minister.

Item 30 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 61(2)(b) to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that applications for reserve HFC quota must be made to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulations 62(1) and (2)

Regulation 62 of the OPSGGM Regulations deals with the allocation of reserve HFC quota. Subregulation 62(1) allows the Minister to allocate reserve HFC quota to a person for a calendar year if the Minister is satisfied of the matters in paragraphs 62(1)(a), (b) and (c). Subregulation 62(2) provides that the size of a reserve HFC quota allocated to a person for the calendar year is the amount determined by the Minister, which must not exceed the quantity of HFCs, expressed in CO2e megatonnes, in the consignments covered by paragraph 62(1)(b) in relation to the person.

Item 31 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 62(1) and 62(2) of the OPSGGM Regulations to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions of allocating reserve HFC quota, and determining the size of reserve HFC quota, to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulations 63(1) and (3)

Regulation 63 of the OPSGGM Regulations deals with the correcting of reserve HFC quotas. Subregulation 63(1) requires the Minister to vary the size of a reserve HFC quota allocated to a person where the Minister is satisfied the size of the allocated quota is inappropriate. Subregulation 63(3) requires the Minister to cancel a reserve HFC quota allocated to a person where the Minister is satisfied of the matters in paragraphs 63(3)(a) and (b).

Item 32 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 63(1) and 63(3) of the OPSGG Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions of varyng and cancelling reserve HFC quota that has been allocated to a person to the CEO of NEPA.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing of SGG imports, including in relation to HFC quota, to the CEO of NEPA.

Subregulation 102(3A)

Regulation 102 of the OPSGGM Regulations sets out the fit and proper person test. This test applies where a decision‑maker is deciding whether a person is a fit and proper person to hold a permit of one of the following kinds:

an RAC industry permit under Division 6A.2;

a feedstock permit under Division 6A.3;

a fire protection industry permit under Division 6A.4.

Subregulation 102(3A) sets out additional considerations for the Minister when the permit applicant is a body corporate.

Item 33 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 102(3A) to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that the CEO of NEPA will need to consider the matters in subregulation 102(3A) when deciding whether a body corporate is a fit and proper person to hold a permit listed in subregulation 102(1).

Regulation 110 (definition of RAC industry powers and functions)

Division 6A.2 of the OPSGGM Regulations deals with the regulation of the acquisition, storage, use, handling, disposal, recovery, recycling and destruction of scheduled substances in the refrigeration and air-conditioning (RAC) context.

Regulation 110 defines key terms used in Division 6A.2. This includes the term RAC industry powers and functions, which is defined to mean the powers and functions given to the Minister in subregulation 120(1).

Item 34 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the definition of RAC industry powers and functions in regulation 110 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 37 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulation 120(1) to transfer the powers and functions listed in that provision to the CEO of NEPA.

Regulation 110 (paragraph (b) of definition of relevant authority)

Division 6A.2 of the OPSGGM Regulations deals with the regulation of the acquisition, storage, use, handling, disposal, recovery, recycling and destruction of scheduled substances in the refrigeration and air-conditioning (RAC) context.

Regulation 110 defines key terms used in Division 6A.2. This includes the term relevant authority, which is defined to mean the relevant Board (paragraph (a)) or the Minister (paragraph (b)).

Item 35 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the definition of relevant authority in regulation 110 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 37 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulation 120(1) to transfer the powers and functions listed in that provision to the CEO of NEPA.

Regulation 120 (heading)

Regulation 120 of the OPSGGM Regulations sets out the Minister’s functions in relation to RAC Industry permits. A RAC Industry permit is defined in regulation 110 as any of the following: a refrigerant handling licence, a refrigerant trading authorisation, an RAC equipment manufacturing authorisation, a halon special permit, a restricted refrigerant trading authorisation and a special circumstances exemption.

Item 36 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the heading of regulation 120 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 37 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulation 120(1) to transfer the powers and functions listed in that provision to the CEO of NEPA.

Subregulations 120(1) and (2)

Regulation 120 of the OPSGGM Regulations sets out the Minister’s functions in relation to RAC Industry permits. Subregulation 120(1) provides a list of powers and functions vested in the Minister, including the granting of RAC industry permits. Subregulation 120(2) allows the Minister to appoint one or more bodies (that are incorporated under the Corporations Act 2001) as RAC Industry Boards and authorise the Board or Boards to exercise any or all of the Minister’s RAC industry powers and functions in relation to:

the refrigeration and air conditioning industry; or

one or more specified sectors of the industry.

Item 37 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 120(1) and 120(2) of the OPSGGM Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer:

the powers and functions in subregulation 120(1); and

the power to appoint RAC Industry boards and authorise such boards to exercise the powers and functions in subregulation 120(1),

to the CEO of NEPA.

Paragraph 120(2)(c)

Regulation 120 of the OPSGGM Regulations sets out the Minister’s functions in relation to RAC Industry permits. Subregulation 120(2) allows the Minister to appoint one or more bodies (that are incorporated under the Corporations Act 2001) as RAC Industry Boards and authorise the Board or Boards to exercise any or all of the Minister’s RAC industry powers and functions in relation to:

the refrigeration and air conditioning industry; or

one or more specified sectors of the industry.

Item 38 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 120(2)(c) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 37 of the table in item 54 of Schedule 1 to the Amendments Regulations, which relevantly amends subregulation 120(2) to transfer the power to appoint RAC Industry boards, and to authorise such boards to exercise the powers and functions in subregulation 120(1), to the CEO of NEPA.

Subregulation 121(1) (note 2)

Regulation 121 of the OPSGGM Regulations deals with applications for a RAC Industry permit. Subregulation 121(1) sets out the requirements for an application for a RAC Industry permit, including that the application must be made to an appropriate relevant authority (under regulation 121A) and in an approved form. The second note following subregulation 121(1) explains that the Minister may approve different forms for different RAC Industry permits.

Item 39 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the second note following subregulation 121(1) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to explain that the CEO of NEPA may approve different forms for different RAC Industry permits. This reflects the transfer of this function to the CEO of NEPA.

Subregulations 121A(2) and (3)

Regulation 121A of the OPSGGM Regulations sets out who is an appropriate relevant authority to which to make an application for a RAC Industry permit.

Subregulation 121A(2) has the effect that, if the Minister has appointed one or more RAC Industry Boards to exercise his or her RAC industry powers and functions in relation to the whole refrigeration and air conditioning industry, the appropriate relevant authority is that Board or (if more than one Board has been appointed) any of those Boards.

Subregulation 121A(3) has the effect that, if the Minister has appointed one or more RAC Industry Boards to exercise his or her RAC industry powers and functions in relation to a sector of the refrigeration and air conditioning industry, the appropriate relevant authority is:

if one Board grants the kind of permit sought by the applicant – that Board; or

if more than one Board grants that kind of permit – any of those Boards; or

if no Board grants that kind of permit—the Minister.

Item 40 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 121A(2) and 121A(3) of the OPSGGM Regulations to omit the references to the Minister in both provisions and substitute references to the CEO.

This amendment is consequential to the amendment made by item 37 of the table in item 54 of Schedule 1 to the Amendment Regulations, which relevantly amends subregulation 120(2) to transfer the power to appoint RAC Industry Boards, and to authorise such boards to exercise the powers and functions in subregulation 120(1), to the CEO of NEPA.

Subregulations 121B(1) and (2)

Regulation 121B of the OPSGGM Regulations deals with refunding application fees for RAC Industry permits. Subregulation 121B(1) provides that the Minister may, in certain circumstances, refund the whole or part of a fee paid by a person for an RAC industry permit other than for a special circumstances exemption. Subregulation 121B(2) clarifies that the Minister may do so on the Minister’s own initiative or on written application by the person.

Item 41 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 121B(1) and (2) of the OPSGGM Regulations to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of refunding application fees for RAC Industry permits to the CEO of NEPA.

Subregulation 121B(2)

Regulation 121B of the OPSGGM Regulations deals with refunding application fees for RAC Industry permits. Subregulation 121B(2) clarifies that the Minister may refund the application fee for a RAC Industry permit on the Minister’s own initiative or on written application by the person.

Item 42 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 121B(2) of the OPSGGM Regulations to omit the reference to the Minister’s own initiative and substitute a reference to the CEO’s own initiative.

This amendment is consequential to the amendment made by item 41 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of refunding application fees for RAC Industry permits to the CEO of NEPA.

Paragraph 121B(3)(e)

Regulation 121B of the OPSGGM Regulations deals with refunding application fees for RAC Industry permits. Subregulation 121B(3) sets out the circumstances in which an application fee for a RAC Industry permit can be refunded. Paragraph 121B(3)(e) allows the Minister to refund the whole or part of an application fee if the Minister is satisfied on reasonable grounds that it is appropriate in all the circumstances to refund the whole or part of the application fee.

Item 43 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 121B(3)(e) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that the whole or part of an application fee for a RAC Industry permit may be refunded if the CEO is satisfied on reasonable grounds that it is appropriate in all the circumstances to refund the whole or part of the application fee.

This amendment is consequential to the amendment made by item 41 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of refunding application fees for RAC Industry permits to the CEO of NEPA.

Regulation 123 (heading)

Regulation 123 of the OPSGGM Regulations allows the Minister to cancel or suspend a RAC Industry permit in certain circumstances.

Item 44 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the heading for regulation 123 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 45 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the functions of cancelling and suspending for RAC Industry permits to the CEO of NEPA.

Subregulations 123(1), (1A), (2), (2B), (2C) and (2D)

Regulation 123 of the OPSGGM Regulations allows the Minister to cancel or suspend a RAC Industry permit in certain circumstances. Subregulations 123(1) and 123(1A) set out the circumstances in which the Minister may cancel or suspend a RAC Industry permit. Subregulation 123(2) sets out how the Minister may cancel or suspend a RAC Industry permit, including the requirements of the cancellation or suspension notice. Subregulations 123(2B), 123(2C) and 123(2D) deal with a permit that is suspended until a stated thing is remedied and how that suspension is ended.

Item 45 of the table in item 54 of Schedule 1 to the Amendment Regulations amends each of subregulations 123(1), 123(1A), 123(2), 123(2B), 123(2C) and 123(2D) of the OPSGGM Regulations to omit the references to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions of cancelling and suspending a RAC Industry permit to the CEO of NEPA.

Subregulations 124(1), (3), (4), (5) (6) and (7)

Regulation 124 of the OPSGGM Regulations deals with the reconsideration of certain decisions relating to RAC Industry permits. Subregulation 124(1) sets out the decisions to which the reconsideration process in regulation 124 applies, including a decision of the Minister to cancel or suspend a RAC Industry permit. Subregulations 124(3), 124(4), 124(5), 124(6) and 124(7) set out the process by which the Minister or the relevant authority (as applicable) must reconsider a decision listed in subregulation 124(1) on receiving an application.

Item 46 of the table in item 54 of Schedule 1 to the Amendment Regulations amends each of subregulations 124(1), 124(3), 124(4), 124(5), 124(6) and 124(7) of the OPSGGM Regulations to omit the reference to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of reconsidering decisions relating to RAC Industry permits to the CEO of NEPA or the relevant authority (as applicable).

Regulation 125

Regulation 125 of the OPSGGM Regulations provides that application may be made to the Administrative Review Tribunal for the review of a decision that was confirmed or varied by the relevant authority or the Minister under subregulation 124(3).

Item 47 of the table in item 54 of Schedule 1 to the Amendment Regulations amends regulation 125 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 46 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of reconsidering decisions relating to RAC Industry permits to the CEO of NEPA or the relevant authority (as applicable).

Subregulations 131(2) and (3)

Regulation 131 of the OPSGGM Regulations deals with the granting of RAC Industry permits that are refrigerant handing licences. Subregulation 131(2) sets out the qualifications and knowledge the Minister must be satisfied the applicant holds before granting the licence. This relevantly includes that the applicant holds a qualification that is mentioned for the licence in a determination made by the Minister under subregulation 131(3). Subregulation 131(3) requires the Minister to, by legislative instrument, determine qualifications required for a refrigerant handling licence.

Item 48 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 131(2) and 131(3) of the OPSGGM Regulations to omit the reference to the Minister in both provisions and substitute a reference to the CEO. The effect of this amendment is to transfer the function of determining qualifications required for a refrigerant handling licence to the CEO of NEPA.

Paragraph 134(1)(a)

Regulation 134 of the OPSGGM Regulations deals with refrigeration and air-conditioning trainee licences. Relevantly, paragraph 134(1)(a) allows a relevant authority to, on application, grant a refrigeration and air conditioning trainee licence to a person who is undertaking a course leading to a qualification determined by the Minister under subregulation 131(3).

Item 49 of the table in item 58 of Schedule 1 to the Amendment Regulations amends paragraph 134(1)(a) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by item 48 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of determining qualifications required for a refrigerant handling licence to the CEO of NEPA.

Paragraphs 135(1)(a) and (aa)

Regulation 135 of the OPSGGM Regulations sets out the conditions that apply to refrigerant handling licences, restricted refrigeration and air-conditioning licences and refrigeration and air-conditioning trainee licences. These conditions relevantly include:

that the licensee carries out the work to which the licence relates in accordance with any standard determined by the Minister under subregulation 135(5) that relates to the work (see paragraph 135(1)(a)); and

for licensees that are supervising a refrigeration and air conditioning trainee licensee—ensures that any work carried out by the trainee licensee is in accordance with the standard determined by the Minister under subregulation 135(5) that relates to the work (see paragraph 135(1)(aa)).

Item 50 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraphs 135(1)(a) and 135(1)(aa) of the OPSGGM Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO.

This amendment is consequential to the amendment made by item 51 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of determining standards that apply to refrigerant handling licences, restricted refrigeration and air-conditioning licences and refrigeration and air-conditioning trainee licences to the CEO of NEPA.

Subregulation 135(5)

Regulation 135 of the OPSGGM Regulations sets out the conditions that apply to refrigerant handling licences, restricted refrigeration and air-conditioning licences and refrigeration and air-conditioning trainee licences. Subregulation 135(5) allows the Minister to, by legislative instrument, determine standards that apply in relation to work carried out under a refrigerant handling licence, restricted refrigeration and air-conditioning licence and refrigeration and air-conditioning trainee licence.

Item 51 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 135(5) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of determining standards that apply in relation to work carried out under a refrigerant handling licence, restricted refrigeration and air-conditioning licence and refrigeration and air-conditioning trainee licence to the CEO of NEPA.

Subregulations 150(1), (3) and (4)

Regulation 150 of the OPSGGM Regulations deals with halon special permits in the refrigeration and air-conditioning context. Subregulation 150(1) allows the Minister to, on application, grant a halon special permit to a person, entitling the person to possess halon that is, or is to be, used in RAC equipment. Subregulation 150(3) sets out the matters of which the Minister must be satisfied before granting a halon special permit. Subregulation 150(4) allows the Minister to impose a condition on a halon special permit.

Item 52 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 150(1), 150(3) and 150(4) of the OPSGGM Regulations to omit the references to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to granting halon special permits to the CEO of NEPA.

Subregulation 220(4)

Regulation 220 of the OPSGGM Regulations deals with records of the sale of methyl bromide. A record of the sale that includes the information in subregulation 220(1) must be kept by the supplier for 5 years from the date of the sale (subregulation 220(2)). Subregulation 220(4) requires the supplier to give the Minister a copy of the record of sale within 14 days after receiving a request in writing from the Minister for a copy of the record.

Item 53 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 220(4) of the OPSGGM Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the function of requesting a copy of the record of sale of methyl bromide to the CEO of NEPA.

Subregulation 221(5)

Regulation 221 of the OPSGGM Regulations requires a person who uses methyl bromide for a quarantine and pre-shipment (QPS) use or a non-QPS use to keep a record of the information set out in subregulation 221(2). This record must be retained for 5 years from the date of the fumigation to which the record relates (subregulation 221(3)). Subregulation 221(5) requires the person to give the Minister a copy of the record within 14 days after receiving a request in writing from the Minister for a copy of the record.

Item 54 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 221(5) of the OPSGGM Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the function of requesting a copy of the record of methyl bromide use to the CEO of NEPA.

Subregulation 223(4)

Regulation 223 of the OPSGGM Regulations requires a person who uses methyl bromide for a feedstock purpose to keep a record of the information set out in subregulation 223(1). This record must be retained for 5 years from the day to which the record relates (subregulation 223(2)). Subregulation 223(4) requires the person to give the Minister a copy of the record within 14 days after receiving a request in writing from the Minister for a copy of the record.

Item 55 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 223(4) of the OPSGGM Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the function of requesting a copy of the record of methyl bromide use for feedstock purposes to the CEO of NEPA.

Subregulation 230(1)

Regulation 230 of the OPSGGM Regulations requires a person who sells methyl bromide during a reporting period to give the Minister, within 14 days after the end of the reporting period, a report that includes the information in subregulation 230(2) (see subregulation 230(1)).

Item 56 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 230(1) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving a report on the sale of methyl bromide to the CEO of NEPA.

Subregulation 233(1)

Regulation 233 of the OPSGGM Regulations requires a person who holds a feedstock permit for the use of methyl bromide during a year to give the Minister, within 21 days after the end of the year, a report that includes the information in subregulation 233(2) (see subregulation 233(1)).

Item 57 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 233(1) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving a report from the holder of a feedstock permit for the use of methyl bromide to the CEO of NEPA.

Paragraph 241(1)(a)

Regulation 241 of the OPSGGM Regulations deals with applications for feedstock permits. Relevantly, paragraph 241(1)(a) requires an application for a feedstock permit to be made to the Minister in an approved form.

Item 58 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 241(1)(a) of the OPSGGM Regulation to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving an application for a feedstock permit to the CEO of NEPA.

Subregulations 241(3) and (4)

Regulation 241 of the OPSGGM Regulations deals with applications for feedstock permits. An application for a feedstock permit must include the information set out in subregulation 241(2). Subregulation 241(3) provides that if an applicant does not provide all the required information, the Minister may ask the applicant for the missing information, and need not consider the application until the applicant provides the information. Subregulation 241(4) has the effect that if the Minister asks the applicant for additional information and the information is not provided within 30 days, the Minister is taken to have refused the application.

Item 59 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 241(3) and 241(4) of the OPSGGM Regulations to omit the references to the Minister in these provisions and substitute references to the CEO.

This amendment is consequential to the amendment made by items 58 and 60 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfer the functions of, respectively, receiving an application for a feedstock permit and granting a feedstock permit, to the CEO of NEPA.

Subregulation 242(1)

Regulation 242 of the OPSGGM Regulations deals with the granting of feedstock permits. Subregulation 242(1) allows the Minister to grant a feedstock permit to a person who makes an application under regulation 241 if the Minister is satisfied of the matters in paragraphs 242(1)(a), (b) and (c).

Item 60 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 242(1) of the OPSGGM Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the function of assessing and granting feedstock permits to the CEO of NEPA.

Subregulations 244(1) and (2)

Regulation 244 of the OPSGGM Regulations deals with the cancellation or suspension of feedstock permits for the use of methyl bromide for feedstock purposes. Subregulation 244(1) allows the Minister to cancel or suspend a feedstock permit if satisfied of the matters in paragraphs 244(1)(a) and (b). Subregulation 244(2) sets out the process for the Minister to cancel or suspend a feedstock permit.

Item 61 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 244(1) and 244(2) of the OPSGGM Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions of cancelling and suspending feedstock permits to the CEO of NEPA.

Regulation 245

Regulation 245 allows an application to be made to the Administrative Review Tribunal for a review of certain decisions made by the Minister in relation to a feedstock permit for the use of methyl bromide.

Item 62 of the table in item 54 of Schedule 1 to the Amendment Regulations amends regulation 245 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by items 60 and 61 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfer the relevant decision-making powers and functions relating to feedstock permits to the CEO of NEPA.

Regulation 301 (paragraph (b) of definition of the relevant authority)

Division 6A.4 of the OPSGGM Regulations deals with the regulation of the acquisition, storage, use, handling, disposal, recovery, recycling and destruction of scheduled substances in the fire protection context.

Regulation 301 defines key terms used in Division 6A.4. This includes the term relevant authority, which is defined to mean the relevant Board (paragraph (a)) or the Minister (paragraph (b)).

Item 63 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the definition of relevant authority in regulation 301 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.
This amendment is consequential to the amendment made by item 69 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulation 311(1) to transfer the powers and functions listed in that provision to the CEO of NEPA.

Subregulation 307A(1)

Regulation 307A of the OPSGGM Regulations deals with the appointment of Fire Boards and the exercise of powers and functions by such Boards in the fire protection context.

Subregulation 307A(1) allows the Minister to appoint one or more bodies (that are incorporated under the Corporations Act 2001) as Fire Protection Industry (Ozone Depleting Substances and Synthetic Greenhouse Gas) Boards (Fire Boards) and authorise the Fire Board or Boards to exercise any or all of the Minister’s powers and functions in subsection 307A(2) or 311(2).

Item 64 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 307A(1) of the OPSGGM Regulations to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the power to appoint Fire Board and authorise such boards to exercise the powers and functions in subregulations 307A(2) and 311(2), to the CEO of NEPA.

Subregulation 307A(2)

Regulation 307A of the OPSGGM Regulations deals with the appointment of Fire Boards and the exercise of powers and functions by such Boards in the fire protection context. Subregulation 307A(1) allows the Minister to appoint one or more Fire Boards, and authorise the Fire Board or Boards to exercise any or all of the Minister’s powers and functions in subsection 307A(2) or 311(2). Subregulation 307A(2) lists certain powers and functions of the Minister that a Fire Board can be authorised to exercise.

Item 65 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 307A(2) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the powers and functions listed in subregulation 307A(2) to the CEO of NEPA.

Subregulation 307A(3)

Regulation 307A of the OPSGGM Regulations deals with the appointment of Fire Boards and the exercise of powers and functions by such Boards in the fire protection context. Subregulation 307A(1) allows the Minister to appoint one or more Fire Boards, and authorise the Fire Board or Boards to exercise any or all of the Minister’s powers and functions in subsection 307A(2) or 311(2). Subregulation 307A(3) clarifies that the Minister may exercise the Minister’s powers and functions set out in subregulation 307A(2) even if the Minister has authorised one or more Fire Boards to exercise any or all of those powers and functions.

Item 66 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 307A(3) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by item 65 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the powers and functions listed in subregulation 307A(2) to the CEO of NEPA.

Subregulation 307A(3)

Regulation 307A of the OPSGGM Regulations deals with the appointment of Fire Boards and the exercise of powers and functions by such Boards in the fire protection context. Subregulation 307A(1) allows the Minister to appoint one or more Fire Boards, and authorise the Fire Board or Boards to exercise any or all of the Minister’s powers and functions in subsection 307A(2) or 311(2). Subregulation 307A(3) clarifies that the Minister may exercise the Minister’s powers and functions set out in subregulation 307A(2) even if the Minister has authorised one or more Fire Boards to exercise any or all of those powers and functions.

Item 67 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 307A(3) of the OPSGGM Regulations to omit the reference to the Minister’s powers and functions and substitute a reference to the CEO’s powers and functions.

This amendment is consequential to the amendments made by item 65 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the powers and functions listed in subregulation 307A(2) to the CEO of NEPA.

Regulation 311 (heading)

Regulation 311 of the OPSGGM Regulations sets out the Minister’s functions and powers in relation to fire protection industry permits. A fire protection industry permit is defined in regulation 301 as any of the following: an extinguishing agent handling licence, an extinguishing agent trading authorisation and a halon special permit.

Item 68 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the heading of regulation 311 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by item 69 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends subregulations 311(1) and 311(2) to transfer the powers and functions listed in subregulation 311(2) to the CEO of NEPA.

Subregulations 311(1) and (2)

Regulation 311 of the OPSGGM Regulations sets out the Minister’s functions and powers in relation to fire protection industry permits (see subregulation 311(1)). The list of powers and functions are set out in subregulation 311(2).

Item 69 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 311(1) and 311(2) of the OPSGGM Regulations to omit the references to the Minister from these provisions and substitute references to the CEO. The effect of this amendment is to transfer the powers and functions listed in subregulation 311(2) to the CEO of NEPA.

Regulation 312 (heading)

Regulation 312 of the OPSGGM Regulations clarifies that the Minister may exercise the Minister’s powers and functions set out in subregulation 311(2) even if the Minister has authorised one or more Fire Boards to exercise any or all of those powers and functions (under regulation 307A).

Item 70 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the heading for regulation 312 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by items 69 and 71 of the table in item 54 of Schedule 1 to the Amendment Regulations, which amends regulations 311 and 312 to transfer the powers and functions listed in subregulation 311(2) to the CEO of NEPA.

Regulation 312

Regulation 312 of the OPSGGM Regulations clarifies that the Minister may exercise the Minister’s powers and functions set out in subregulation 311(2) even if the Minister has authorised one or more Fire Boards to exercise any or all of those powers and functions (under regulation 307A).

Item 71 of the table in item 54 of Schedule 1 to the Amendment Regulations amends regulation 312 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendments made by item 69 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the powers and functions listed in subregulation 311(2) to the CEO of NEPA.

Regulation 312

Regulation 312 of the OPSGGM Regulations clarifies that the Minister may exercise the Minister’s powers and functions set out in subregulation 311(2) even if the Minister has authorised one or more Fire Boards to exercise any or all of those powers and functions (under regulation 307A).

Item 72 of the table in item 54 of Schedule 1 to the Amendment Regulations amends regulation 312 of the OPSGGM Regulations to omit the reference to the Minister’s powers and functions and substitute a reference to the CEO’s powers and functions.

This amendment is consequential to the amendments made by item 69 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the powers and functions listed in subregulation 311(2) to the CEO of NEPA.

Subregulations 313(1), (1AA) and (2)

Regulation 313 of the OPSGGM Regulations deals with applications for fire protection industry permits. A fire protection industry permit is defined in regulation 301 as any of the following: an extinguishing agent handling licence, an extinguishing agent trading authorisation and a halon special permit.

Subregulation 313(1) relevantly provides that where subregulation 313(1AA) applies, an application for a fire protection industry permit must be made to the Minister, rather than a Fire Board. Subregulation 313(1AA) sets out the circumstances in which an application for a fire protection industry permit must be made to the Minister, rather than a Fire Board.

Subregulation 313(2) has the effect that if an applicant for a fire protection industry permit has not provided all required information, or has not given any consent that has been requested for the disclosure to the relevant authority or the Minister of personal information that is relevant to whether the applicant is a fit and proper person to hold the permit, the Minister may ask the applicant for the information or consent, and need not consider the application until the applicant provides the information or gives the consent.

Item 73 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 313(1), 313(1AA) and 313(2) to omit the references to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of receiving applications for fire protection industry permits to the CEO of NEPA.

Subregulations 313A(1) and (2)

Regulation 313A of the OPSGGM Regulations deals with refunding application fees for fire protection industry permits. Subregulation 313A(1) provides that the Minister may, in certain circumstances, refund the whole or part of a fee paid by a person for a fire protection industry permit. Subregulation 313A(2) clarifies that the Minister may do so on the Minister’s own initiative or on written application by the person.

Item 74 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 313A(1) and (2) of the OPSGGM Regulations to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of refunding application fees for fire protection industry permits to the CEO of NEPA.

Subregulation 313A(2)

Regulation 313A of the OPSGGM Regulations deals with refunding application fees for fire protection industry permits. Subregulation 313A(2) clarifies that the Minister may refund the application fee for a fire protection industry permit on the Minister’s own initiative or on written application by the person.

Item 75 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 313A(2) of the OPSGGM Regulations to omit the reference to the Minister’s own initiative and substitute a reference to the CEO’s own initiative.

This amendment is consequential to the amendment made by item 74 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of refunding application fees for fire protection industry permits to the CEO of NEPA.

Paragraph 313A(3)(e)

Regulation 313A of the OPSGGM Regulations deals with refunding application fees for fire protection industry permits. Subregulation 313A(3) sets out the circumstances in which an application fee for a fire protection industry permit can be refunded. Paragraph 313A(3)(e) allows the Minister to refund the whole or part of an application fee if the Minister is satisfied on reasonable grounds that it is appropriate in all the circumstances to refund the whole or part of the application fee.

Item 76 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 313A(3)(e) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that the whole or part of an application fee for a fire protection industry permit may be refunded if the CEO is satisfied on reasonable grounds that it is appropriate in all the circumstances to refund the whole or part of the application fee.

This amendment is consequential to the amendment made by item 74 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of refunding application fees for fire protection industry permits to the CEO of NEPA.

Regulation 315 (heading)

Regulation 315 of the OPSGGM Regulations allows the Minister to cancel or suspend a Division 6.4 permit in certain circumstances. A Division 6A.4 permit covers a fire protection industry permit, a special circumstances exemption and a discharge of scheduled substances permit (see regulation 301).

Item 77 of the table in item 54 of Schedule 1 to the Amendment Regulations amends the heading for regulation 315 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 78 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the functions of cancelling and suspending for Division 6A.4 permits to the CEO of NEPA.

Subregulations 315(1), (1A), (2), (2B), (2C) and (2D)

Regulation 315 of the OPSGGM Regulations allows the Minister to cancel or suspend a Division 6A.4 permit in certain circumstances. A Division 6A.4 permit covers a fire protection industry permit, a special circumstances exemption and a discharge of scheduled substances permit (see regulation 301).

Subregulations 315(1) and 315(1A) set out the circumstances in which the Minister may cancel or suspend a Division 6A.4 permit. Subregulation 315(2) sets out how the Minister may cancel or suspend a Division 6A.4 permit, including the requirements of the cancellation or suspension notice. Subregulations 315(2B), 315(2C) and 315(2D) deal with a permit that is suspended until a stated thing is remedied and how that suspension is ended.

Item 78 of the table in item 54 of Schedule 1 to the Amendment Regulations amends each of subregulations 315(1), 315(1A), 315(2), 315(2B), 315(2C) and 315(2D) of the OPSGGM Regulations to omit the references to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions of cancelling and suspending a Division 6A.4 permit to the CEO of NEPA.

Paragraph 316(1)(b)

Regulation 316 of the OPSGGM Regulations deals with the reconsideration of certain decisions relating to Division 6A.4 permits. A Division 6A.4 permit covers a fire protection industry permit, a special circumstances exemption and a discharge of scheduled substances permit (see regulation 301).

Subregulation 316(1) sets out the decisions to which the reconsideration process in regulation 316 applies, including a decision of the Minister to cancel or suspend a Division 6A.4 permit, or a decision that a thing that contributes to the grounds for a suspension of a Division 6A.4 permit is not remedied (paragraph 316(1)(b)).

Item 79 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 316(1)(b) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 78 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the functions of cancelling and suspending Division 6A.4 permits to the CEO of NEPA.

Subregulations 316(3), (4), (5), (6) and (7)

Regulation 316 of the OPSGGM Regulations deals with the reconsideration of certain decisions relating to Division 6A.4 permits. A Division 6A.4 permit covers a fire protection industry permit, a special circumstances exemption and a discharge of scheduled substances permit (see regulation 301).

Subregulations 316(3), 316(4), 316(5), 316(6) and 316(7) set out the process by which the Minister or the relevant authority (as applicable) must reconsider a decision listed in subregulation 316(1) on receiving an application.

Item 80 of the table in item 54 of Schedule 1 to the Amendment Regulations amends each of subregulations 316(1), 316(3), 316(4), 316(5), 316(6) and 316(7) of the OPSGGM Regulations to omit the reference to the Minister in each of these provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of reconsidering decisions relating to Division 6A.4 permits to the CEO of NEPA or the relevant authority (as applicable).

Regulation 317

Regulation 317 of the OPSGGM Regulations provides that application may be made to the Administrative Review Tribunal for the review of a decision that was confirmed or varied by the relevant authority or the Minister under subregulation 316(3).

Item 81 of the table in item 54 of Schedule 1 to the Amendment Regulations amends regulation 317 of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 80 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of reconsidering decisions relating to Division 6A.4 permits to the CEO of NEPA or the relevant authority (as applicable).

Paragraph 322(2)(a)

Regulation 322 of the OPSGGM Regulations deals with the granting of fire protection industry permits that are extinguishing agent handling licences. Subregulation 322(2) sets out the qualifications and knowledge the Minister must be satisfied the applicant holds before granting the licence. This relevantly includes that the applicant has satisfied the requirements of all of the units of competency determined by the Minister under subregulation 322(3) for the licence (paragraph 322(2)(a)). Subregulation 322(3) requires the Minister to, by legislative instrument, determine units of competency required for each kind of extinguishing agent handling licence.

Item 82 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraph 322(2)(a) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO.

This amendment is consequential to the amendment made by item 83 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of determining units of competency required for an extinguishing agent handling licence to the CEO of NEPA.

Subregulation 322(3)

Regulation 322 of the OPSGGM Regulations deals with the granting of fire protection industry permits that are extinguishing agent handling licences. Subregulation 322(2) sets out the qualifications and knowledge the Minister must be satisfied the applicant holds before granting the licence. This relevantly includes that the applicant has satisfied the requirements of all of the units of competency determined by the Minister under subregulation 322(3) for the licence (paragraph 322(2)(a)). Subregulation 322(3) requires the Minister to, by legislative instrument, determine units of competency required for each kind of extinguishing agent handling licence.

Item 83 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 322(3) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of determining units of competency required for an extinguishing agent handling licence to the CEO of NEPA.

Paragraphs 326(1)(a) and (e)

Regulation 326 of the OPSGGM Regulations sets out the conditions that apply to extinguishing agent handling licences. These conditions relevantly include:

that the licensee carries out the work to which the licence relates in accordance with any standard determined by the Minister under subregulation 326(5) that relates to the work (see paragraph 326(1)(a)); and

that the licensee does not carry out any work to which the licence relates (other than decommissioning or disposal or work in the aviation or maritime industries) on fire protection equipment that does not comply with any standard determined by the Minister under subregulation 326(5) that applies to the equipment (see paragraph 26(1)(e)).

Item 84 of the table in item 54 of Schedule 1 to the Amendment Regulations amends paragraphs 326(1)(a) and 326(1)(e) of the OPSGGM Regulations to omit the reference to the Minister in both provisions and substitute references to the CEO.

This amendment is consequential to the amendment made by item 85 of the table in item 54 of Schedule 1 to the Amendment Regulations, which transfers the function of determining standards that apply to extinguishing agent handling licences to the CEO of NEPA.

Subregulation 326(5)

Regulation 326 of the OPSGGM Regulations sets out the conditions that apply to extinguishing agent handling licences. Subregulation 326(5) allows the Minister to, by legislative instrument, determine standards that apply in relation to work carried out under an extinguishing agent handling licence.

Item 85 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 326(5) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of determining standards that apply in relation to work carried out under an extinguishing agent handling licence to the CEO of NEPA.

Subregulation 346(2A)

Regulation 346 of the OPSGGM Regulations deals with the indexation of application fees for permits granted under Part 6A of the OPSGGM Regulations. Subregulation 346(2) sets out the method for calculating annual indexation increases in such fees. Subregulation 346(2A) allows the Minister, by legislative instrument, to determine that the annual indexation increase for Part 6A application fees does not apply in relation to one or more calendar years.

Item 86 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulation 346(2A) of the OPSGGM Regulations to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of determining the annual indexation increase for Part 6A application fees does not apply in relation to one or more calendar years to the CEO of NEPA.

Subregulations 900(1) and (2)

Regulation 900 of the OPSGGM Regulations prescribes, for the purposes of subsection 46(1) of the OPSGGM Regulations, the requirements for periodic reports in relation to the importin, exporting and manufacturing of scheduled substances, the importing of SGG equipment and the importing or manufacturing of ODS equipment.

Subregulation 900(1) provides that a report given by a person to the Minister, must be prepared in accordance with this regulation. Subregulation 900(2) requires the person to keep a copy of the report for 5 years from the date the report is submitted to the Minister.

Item 87 of the table in item 54 of Schedule 1 to the Amendment Regulations amends subregulations 900(1) and 900(2) to omit the reference to the Minister in both provisions and substitute references to the CEO.

This amendment is consequential to the amendments made by Schedule 2 of the EPR Act, which relevantly transfer the powers and functions relating to licensing imports, exports and manufacture of scheduled substances, and the import of equipment under the OPSGGM Act to the CEO of NEPA.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026

This instrument is compatible with human rights and freedom recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The National Environmental Protection Agency Act 2025 (NEPA Act) establishes Australia’s first national independent environmental protection agency, the National Environment Protection Agency (NEPA) to undertake regulatory and implementation functions under a range of Commonwealth environmental laws. These functions include issuing permits and licences and undertaking compliance and enforcement activities. The NEPA will be established on 1 July 2026, on commencement of the NEPA Act.

Schedule 2 of the Environment Protection Reform Act 2025 (EPR Act) enables the NEPA to undertake these functions by amending nine Commonwealth Acts to confer relevant powers and functions relating to regulatory functions and compliance and enforcement to the Chief Executive Officer (CEO) of NEPA. Relevantly, these Acts included:

the Environment Protection and Biodiversity Conservation Act 1999;
the Environment Protection (Sea Dumping) Act 1981;
the Hazardous Waste (Regulation of Exports and Imports) Act 1989;
the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995;
the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

The amendments made by Schedule 2 of the EPR Act to the above Acts commence on 1 July 2026, to coincide with the establishment of the NEPA and the CEO.

The Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026 (the Amendment Regulations) makes amendments to the following regulations to transfer powers and functions in those regulations relating to regulatory functions, compliance and enforcement to the CEO of NEPA:

Environment Protection and Biodiversity Conservation Regulations 2025;
Environment Protection (Sea Dumping) Regulations 1983;
Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990;
Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor Leste) Regulations 2003;
Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996;
Hazardous Waste (Regulation of Exports and Imports) Regulations 1996;
Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999;
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2023;
Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

Each of these regulations is made under a Commonwealth Act that was amended by Schedule 2 of the EPR Act for the same purpose.

The Amendment Regulations also make necessary consequential amendments to the listed regulations to support the amendments by Schedule 2 of the EPR Act.

Human Rights implications

The Amendment Regulations do not engage with any of the applicable rights or freedoms.

Conclusion

The Amendment Regulations are compatible with human rights as the regulations do not engage any human rights issues.

Circulated by authority of the Minister for the Environment and Water,

Senator the Hon Murray Watt

Administered by Department of Climate Change, Energy, the Environment and Water

Interactions

Legislation content

Interactions

Authorises

All Versions