1Short title
This Act is the National Environmental Protection Agency Act 2025.
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Bill homepage (APH)This Act is the National Environmental Protection Agency Act 2025.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | 1 July 2026. | 1 July 2026 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The object of this Act is to establish the National Environmental Protection Agency to support the delivery of accountable, efficient, outcomes‑focused and transparent environmental regulatory decision‑making.
This Act establishes NEPA, short for the National Environmental Protection Agency, and provides for the appointment of the CEO of NEPA.
The CEO has the functions conferred on the CEO by this Act and a number of other environmental laws mentioned in section 13. The CEO also has functions of advising and assisting the Minister in relation to any of the Minister’s functions and powers under those laws.
The Minister may give the CEO a statement of the Minister’s expectations for the CEO and NEPA. However, the Minister’s statement of expectations cannot affect the CEO’s independence by directing the CEO in the performance or exercise of the CEO’s functions or powers. The CEO must respond to any statement of expectations with a statement of intent.
The CEO may establish an advisory group to advise and assist the CEO in relation to the CEO’s functions and powers. The CEO must consider any advice received but is not bound by the advice.
This Act also contains a regime for the use and disclosure of information obtained under any Act conferring functions on the CEO. There are civil penalties for the use or disclosure of protected information in certain circumstances.
In this Act:
advisory group means the group established by the CEO under subsection 55(1).
CEO: see section 12.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
conservation zone has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
entrusted person means:
the CEO; or
a member of the staff referred to in section 53; or
a person whose services are made available to NEPA under section 54; or
a person engaged under section 23 of the Public Governance, Performance and Accountability Act 2013 by the CEO under a written agreement to assist in, or advise in relation to, the performance of the CEO’s functions; or
a person employed or engaged by a person mentioned in paragraph (d) of this definition to assist in, or advise in relation to, the performance of the CEO’s functions; or
any other person prescribed by the rules.
environment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 has the same meaning as in that Act.
NEPA: see subsection 9(1).
official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
protected information: relevant information obtained by an entrusted person is protected information if disclosure of the information could reasonably be expected to:
if the disclosure is by the entrusted person—found an action by a person (other than the Commonwealth) for breach of a duty of confidence; or
prejudice the effective working of government; or
prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences; or
endanger a person’s life or physical safety; or
prejudice the protection of public safety or the environment.
registrable decision: see section 19.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means information obtained or generated by an entrusted person under, or in accordance with:
this Act or an instrument made under this Act; or
an Act or an instrument that confers functions on the CEO; or
the Regulatory Powers Act to the extent that it applies in relation to an Act mentioned in paragraph (a) or (b).
rules means rules made under section 63.
statement of expectations means the statement issued by the Minister under section 16.
State or Territory government body means:
a Department of State of a State or Territory; or
an agency of a State or Territory; or
an authority of a State or Territory.
This Act binds the Crown in each of its capacities.
This Act extends to every external Territory.
This Part establishes the office of the CEO of NEPA. It also establishes NEPA for the purposes of assisting the CEO in the performance of the CEO’s functions. The CEO is the accountable authority of NEPA.
The National Environmental Protection Agency (NEPA) is established by this section.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
NEPA is a listed entity; and
the CEO is the accountable authority of NEPA; and
the following persons are officials of NEPA:
the CEO;
the staff referred to in section 53;
persons whose services are made available to NEPA under section 54; and
the purposes of NEPA include:
the function of NEPA referred to in section 11; and
the functions of the CEO referred to in section 13.
NEPA consists of:
the CEO; and
the staff referred to in section 53; and
persons whose services are made available to NEPA under section 54.
The function of NEPA is to assist the CEO in the performance of the CEO’s functions.
There is to be a Chief Executive Officer (CEO) of NEPA.
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