COMMONWEALTH ENVIRONMENT PROTECTION AUTHORITY BILL 2021

2019-2020-2021

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Commonwealth Environment Protection

Authority Bill 2021

No. , 2021

(Mr Wilkie)

A Bill for an Act to amend the law relating to the

environment, and for related purposes

No. , 2021

Commonwealth Environment Protection Authority Bill 2021

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--Amendments

Part 1--Commonwealth Environment Protection Authority

Environment Protection and Biodiversity Conservation Act 1999

Part 2--Consequential amendments

Environment Protection and Biodiversity Conservation Act 1999

Water Act 2007

Part 3--Transitional provisions

No. , 2021

Commonwealth Environment Protection Authority Bill 2021

A Bill for an Act to amend the law relating to the

environment, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Commonwealth Environment Protection Authority

Act 2021

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

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Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of

this Act

The day after the end of the period of 6

months beginning on the later of:

(a) the day this Act receives the Royal

Assent; and

(b) the day the Consolidated Revenue Fund

is appropriated under an Act to the

Department in which this Act is

administered for payment to the

Commonwealth Environment Protection

Authority.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

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Schedule 1--Amendments

Part 1--Commonwealth Environment Protection

Authority

Environment Protection and Biodiversity Conservation Act

1999

1 Before Division 1 of Part 19

Insert:

Division 1A--Commonwealth Environment Protection

Authority

Subdivision A--Establishment

@501A Commonwealth Environment Protection Authority

(1) The Commonwealth Environment Protection Authority is

established by this section.

(2) The EPA consists of the following:

(a) the CEO;

(b) the Deputy CEOs;

(d) consultants engaged under section @501ZC.

(2) The function of the EPA is to assist the CEO in the performance of

his or her functions.

(3) The CEO has the control of the operations of the EPA.

(4) For the purposes of the finance law (within the meaning of the

Public Governance, Performance and Accountability Act 2013

(a) the EPA is a listed entity; and

(b) the CEO is the accountable authority of the EPA; and

(i) the CEO;

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(ii) the Deputy CEOs;

(iii) the staff of the EPA;

(iv) consultants engaged under section @501ZC;

(d) the purposes of the EPA include:

(i) the function of the EPA referred to in subsection (2) of

this section; and

(ii) the functions of the CEO referred to in section @501C;

and

(iii) the functions of the OMCEA referred to in section

@501Y.

Subdivision B--Chief Executive Officer

@501B Chief Executive Officer

There is to be a Chief Executive Officer of the Commonwealth

Environment Protection Authority.

@501C Functions and powers

(1) The CEO has the following functions:

(a) the functions conferred on the CEO by this Act or other

Commonwealth legislation;

Note:

Other provisions of this Act give the CEO functions involving

exercising the routine administrative environmental regulatory

functions of the Commonwealth, monitoring compliance with

this Act and enforcing this Act.

(b) the following functions relating to communities:

(i) educating communities about the administration of

Commonwealth environmental laws;

(ii) to the extent Commonwealth environmental laws allow

for community involvement in the administration of

those laws--promoting the take-up of those

opportunities;

(iii) increasing public confidence in the administration of

Commonwealth environmental laws;

that should be made in order to advance the purposes of this

Act;

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(d) any functions conferred on the CEO by regulations made for

the purposes of this paragraph;

(e) any functions incidental to any of the above.

(2) The CEO has power to do all things necessary or convenient to be

done for or in connection with the performance of his or her

functions.

(3) In performing his or her functions, the CEO must act effectively,

efficiently, equitably and transparently.

CEO solely responsible for performing his or her functions

(4) The Minister must not give directions to the CEO about the

performance of the CEO's functions.

(5) If the Minister gives a direction (whether express or implied) to the

CEO contrary to subsection (5), the CEO must disregard the

direction.

@501D Appointment

(1) The CEO is to be appointed by the Governor-General by written

instrument.

Note:

The CEO may be reappointed: see section 33AA of the

Acts

Interpretation Act 1901

(2) The CEO holds office for the period specified in the instrument of

appointment. The period must be 5 years.

(3) The Governor-General must not appoint a person as the CEO

unless:

(a) the Minister is satisfied that the person qualifies for the

appointment because of the person's knowledge of, or

experience in, any of the following:

(i) conservation of biodiversity;

(ii) ecologically sustainable development;

(iii) heritage;

(iv) Indigenous affairs;

(v) law;

(vi) law enforcement;

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(vii) natural resource management; and

(b) the Minister has referred the proposed appointment to the

joint committee for approval; and

(4) The first person appointed as CEO must have knowledge of, or

experience in, law enforcement.

(5) The CEO, or at least one of the Deputy CEOs, must be an

Indigenous person. This subsection has effect despite Part II of the

Racial Discrimination Act 1975

(6) A person is not eligible to be appointed as CEO if, at any time

during the 5 years before the start of the appointment, the person

was any of the following:

(a) a member of the Federal Parliament, a State Parliament or the

Legislative Assembly of a Territory;

(b) a registered political campaigner (within the meaning of the

Commonwealth Electoral Act 1918

);

State or Territory or a foreign country;

(d) a senior executive in:

(i) an industry association (whether in Australia or a

foreign country); or

(ii) an environmental organisation on the register of

environmental organisations kept under

Subdivision 30-E of the

Income Tax Assessment Act

1997

, or on a similar register in a foreign country.

Note:

Under section 29 of the

Public Governance, Performance and

Accountability Act 2013

, and the rules made under that Act, the CEO

must, in writing, disclose material personal interests that relate to the

affairs of the EPA to the Minister.

@501E Acting CEO

(1) The senior Deputy CEO acts as the CEO:

(a) during a vacancy in the office of CEO (whether or not an

appointment has previously been made to the office); or

(b) during any period, or during all periods, when the CEO:

(i) is absent from duty or from Australia; or

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(ii) is, for any reason, unable to perform the duties of the

office.

(2) The

senior Deputy CEO

is the Deputy CEO who, out of the

Deputy CEOs who are:

(a) not absent from duty or from Australia; and

(b) able to perform the duties of their offices;

was appointed first.

@501F Other paid work

The CEO must not engage in paid work outside the duties of the

CEO's office without the Minister's approval.

@501G Remuneration

(1) The CEO is to be paid the remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration

by the Tribunal is in operation, the member is to be paid the

remuneration that is prescribed by the regulations.

(2) The CEO is to be paid the allowances that are prescribed by the

regulations.

(3) Subsections 7(9) and (13) of the

Remuneration Tribunal Act 1973

do not apply in relation to the office of CEO.

Note:

The effect of this subsection is that remuneration or allowances of the

CEO will be paid out of money appropriated by an Act other than the

Remuneration Tribunal Act 1973

(4) This section has effect subject to the

Remuneration Tribunal Act

1973

(except as provided by subsection (3)).

@501H Leave of absence

(1) The CEO has the recreation leave entitlements that are determined

by the Remuneration Tribunal.

(2) The Minister may grant the CEO leave of absence, other than

recreation leave, on the terms and conditions as to remuneration or

otherwise that the Minister determines.

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@501J Resignation

(1) The CEO may resign the CEO's appointment by giving the

Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

@501K Termination of appointment

(1) The Governor-General may terminate the appointment of the CEO:

(a) for misbehaviour; or

(b) if the CEO is unable to perform the duties of the CEO's

office because of physical or mental incapacity.

(2) The Governor-General may terminate the appointment of the CEO

if:

(a) the CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with the CEO's creditors; or

(iv) makes an assignment of the CEO's remuneration for the

benefit of the CEO's creditors; or

(b) the CEO is absent, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

paid work outside the duties of the CEO's office (see section

@501F).

Note:

The appointment of the CEO may also be terminated under section 30

of the

Public Governance, Performance and Accountability Act 2013

(which deals with terminating the appointment of an accountable

authority, or a member of an accountable authority, for contravening

general duties of officials).

@501L Terms and conditions of appointment

The CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined by

the Minister.

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@501M Delegation by CEO

(1) The CEO may, in writing, delegate all or any of the CEO's

functions or powers under any law to:

(a) a Deputy CEO; or

(b) an SES employee, or acting SES employee, in the EPA.

Note:

Sections 34AA to 34A of the

Acts Interpretation Act 1901

contain

provisions relating to delegations.

(2) In performing a delegated function or exercising a delegated

power, the delegate must comply with any written directions of the

CEO.

(3) This section does not apply to a function or power of the CEO if a

law other than this section provides for the delegation of that

function or power.

Subdivision C--Deputy Chief Executive Officers

@501N Deputy Chief Executive Officers

(1) There are to be 4 Deputy Chief Executive Officers of the

Commonwealth Environment Protection Authority.

(2) A Deputy CEO is to be appointed by the Governor-General by

written instrument.

Note:

A Deputy CEO may be reappointed: see section 33AA of the

Acts

Interpretation Act 1901

(3) A Deputy CEO holds office for the period specified in the

instrument of appointment. The period must be 5 years.

(4) The Governor-General must not appoint a person as a Deputy CEO

unless:

(a) the Minister is satisfied that the person qualifies for the

appointment because of the person's knowledge of, or

experience in, any of the following:

(i) conservation of biodiversity;

(ii) ecologically sustainable development;

(iii) heritage;

(iv) Indigenous affairs;

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(v) law;

(vi) law enforcement;

(vii) natural resource management; and

(b) the Minister has referred the proposed appointment to the

joint committee for approval; and

(5) At least one of the first 4 Deputy CEOs must have knowledge of,

or experience in, law enforcement.

Note:

Under subsection @501D(5), the CEO, or at least one of the Deputy

CEOs, must be an Indigenous person.

(6) A person is not eligible to be appointed as a Deputy CEO if, at any

time during the 5 years before the start of the appointment, the

person was any of the following:

(a) a member of the Federal Parliament, a State Parliament or the

Legislative Assembly of a Territory;

(b) a registered political campaigner (within the meaning of the

Commonwealth Electoral Act 1918

);

State or Territory or a foreign country;

(d) a senior executive in:

(i) an industry association (whether in Australia or a

foreign country); or

(ii) an environmental organisation on the register of

environmental organisations kept under

Subdivision 30-E of the

Income Tax Assessment Act

1997

, or on a similar register in a foreign country.

@501P Acting appointments

The CEO may, by written instrument, appoint an SES employee or

acting SES employee in the EPA to act as a Deputy CEO:

(a) during a vacancy in the office of a Deputy CEO (whether or

not an appointment has previously been made to the office);

(b) during any period, or during all periods, when a Deputy

CEO:

(i) is absent from duty or from Australia; or

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(ii) is, for any reason, unable to perform the duties of the

office.

Note:

For rules that apply to acting appointments, see sections 33AB and

33A of the

Acts Interpretation Act 1901

@501Q Other paid work

A Deputy CEO

must not engage in paid work outside the duties of

the Deputy CEO's office without the Minister's approval.

@501R Remuneration

(1) A Deputy CEO is to be paid the remuneration that is determined by

the Remuneration Tribunal. If no determination of that

remuneration by the Tribunal is in operation, the member is to be

paid the remuneration that is prescribed by the regulations.

(2) A Deputy CEO is to be paid the allowances that are prescribed by

the regulations.

(3) Subsections 7(9) and (13) of the

Remuneration Tribunal Act 1973

do not apply in relation to the office of Deputy CEO.

Note:

The effect of this subsection is that remuneration or allowances of a

Deputy CEO will be paid out of money appropriated by an Act other

than the

Remuneration Tribunal Act 1973

(4) This section has effect subject to the

Remuneration Tribunal Act

1973

(except as provided by subsection (3)).

@501S Leave of absence

(1) A Deputy CEO has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(2) The Minister may grant a Deputy CEO leave of absence, other than

recreation leave, on the terms and conditions as to remuneration or

otherwise that the Minister determines.

@501T Resignation

(1) A Deputy CEO may resign the Deputy CEO's appointment by

giving the Minister a written resignation.

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(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

@501U Termination of appointment

(1) The Governor-General may terminate the appointment of a Deputy

CEO:

(a) for misbehaviour; or

(b) if the Deputy CEO is unable to perform the duties of the

Deputy CEO's office because of physical or mental

incapacity.

(2) The Governor-General may terminate the appointment of a Deputy

CEO if:

(a) the Deputy CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with the Deputy CEO's creditors; or

(iv) makes an assignment of the Deputy CEO's

remuneration for the benefit of the Deputy CEO's

creditors; or

(b) the Deputy CEO is absent, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

approval, in paid work outside the duties of the Deputy

CEO's office (see section @501Q);

(d) the Deputy CEO fails, without reasonable excuse, to comply

with section @501V.

@501V Disclosure of interests to the Minister

A Deputy CEO must give written notice to the Minister of all

interests, pecuniary or otherwise, that the Deputy CEO has or

acquires and that conflict or could conflict with the proper

performance of the Deputy CEO's functions.

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@501W Terms and conditions of appointment

A Deputy CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined by

the Minister.

@501X Delegation by Deputy CEO

(1) A Deputy CEO may, in writing, delegate all or any of the CEO's

functions or powers (including a function or power delegated to the

Deputy CEO under section @501M) to an SES employee, or acting

SES employee, in the EPA.

Note:

Sections 34AA to 34A of the

Acts Interpretation Act 1901

contain

provisions relating to delegations.

(2) In performing a delegated function or exercising a delegated

power, the delegate must comply with any written directions of the

Deputy CEO.

(3) This section does not apply to a function or power of a Deputy

CEO if:

(a) a law other than this section provides for the delegation of

that function or power; or

(b) the power was delegated to the Deputy CEO under a

provision other than section @501M.

Subdivision D--Monitoring, compliance, enforcement and

assurance

@501Y Office of Monitoring, Compliance, Enforcement and

Assurance

(1) There is to be within the EPA an Office of Monitoring,

Compliance, Enforcement and Assurance of the Commonwealth

Environment Protection Authority.

(2) The OMCEA must include a Deputy CEO.

(3) The OMCEA has the function of assisting the CEO in performing

his or her functions, to the extent those functions relate to

monitoring compliance with, and enforcing, Commonwealth

environmental laws.

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@501Z CEO must consult Auditor General

(1) The CEO must consult the Auditor-General in establishing the

EPA's monitoring, compliance, enforcement and assurance

systems.

(2) The Auditor-General must conduct performance audits of the

EPA's monitoring, compliance, enforcement and assurance

systems:

(a) 3 years after the commencement of this section; and

(b) at such times occurring:

(i) after the first audit; and

(ii) before 1 January 2036;

as the Auditor-General considers appropriate, such that no

more than 5 years occurs between audits.

@501ZA Monitoring plans

Before the CEO, under a Commonwealth environmental law:

(a) grants an approval, permit, licence or other permission

(however described) subject to conditions; or

(b) imposes new conditions on such an approval etc.;

the CEO must develop a plan to monitor compliance with the

conditions.

Subdivision E--Staff and consultants

@501ZB Staff

(1) The staff of the EPA must be persons engaged under the

Public

Service Act 1999

(2) For the purposes of the

Public Service Act 1999

(a) the CEO and the APS employees assisting the CEO together

constitute a Statutory Agency; and

(b) the CEO is the Head of that Statutory Agency.

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@501ZC Consultants

The CEO may, on behalf of the Commonwealth, engage

consultants to assist in the performance of the CEO's functions.

Subdivision F--Miscellaneous

@501ZD Fees

(1) The CEO may charge a fee for the performance of any of the

CEO's or EPA's functions.

(2) Subsection (1) does not apply to performing a function:

(a) on the CEO's own initiative; or

(b) if a Commonwealth law other than this Division deals with

the charging of fees for the performance of that function.

@501ZE Annual report

The annual report prepared by the CEO and given to the Minister

under section 46 of the

Public Governance, Performance and

Accountability Act 2013

for a period must include details about the

action the CEO took during the year to establish and maintain the

EPA's monitoring, compliance, enforcement and assurance

systems, including the following:

(a) any advice the Auditor-General gave to the CEO under

subsection @501Z(1) during the year;

(b) any action the CEO has taken during the year in response to

advice given by the Auditor-General under subsection

@501Z(1);

@501Z(2) during the year--a copy of the Auditor-General's

report of the audit.

@501ZF Vacancies to be filled as soon as practicable

If a vacancy occurs in the office of CEO or in an office of Deputy

CEO, the Minister and the joint committee must take all reasonable

steps to ensure that the vacancy is filled as soon as practicable.

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Division 1B--Parliamentary Joint committee on

Environment and Energy

@501ZG Parliamentary Joint committee on Environment and

Energy

(1) As soon as practicable after the commencement of the first session

of each Parliament, a joint committee of members of the

Parliament to be known as the Parliamentary Joint committee on

Environment and Energy is to be appointed according to the

practice of the Parliament with reference to the appointment of

members to serve on joint select committees of both Houses of the

Parliament.

(2) The joint committee is to consist of 12 members:

(a) 6 of whom must be members of the Senate appointed by the

Senate, and 6 of whom must be members of the House of

Representatives appointed by that House; and

(b) 5 of whom must be members of the Government; and

(d) 2 of whom must be members of the Parliament other than

members of the Government or Opposition.

(3) The co-Chairs of the joint committee are to be:

(a) the joint committee member nominated as co-Chair by the

Prime Minister; and

(b) the joint committee member nominated as co-Chair by the

leader of the Opposition.

(4) A member of the Parliament is not eligible for appointment as a

joint committee member if the member is:

(a) a Minister; or

(b) the President of the Senate; or

(d) the Deputy President and Chair of Committees of the Senate

or the Deputy Speaker of the House of Representatives.

(5) A joint committee member ceases to hold office:

(a) when the House of Representatives expires by the passing of

time or is dissolved; or

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(b) if the joint committee member becomes the holder of an

office specified in any of the paragraphs of subsection (4); or

House of the Parliament by which the joint committee

member was appointed; or

(d) if the joint committee member resigns his or her office as

provided by subsection (6) or (7).

(6) A joint committee member appointed by the Senate may resign his

or her office by writing signed by him or her and delivered to the

President of the Senate.

(7) A joint committee member appointed by the House of

Representatives may resign his or her office by writing signed by

him or her and delivered to the Speaker of that House.

(8) Either House of the Parliament may appoint one of its members to

fill a vacancy amongst the members of the joint committee

appointed by that House.

@501ZH Powers and proceedings of the joint committee

All matters relating to the powers and proceedings of the joint

committee are to be determined by resolution of both Houses of the

Parliament.

@501ZJ Duties of the joint committee

(1) The joint committee has the following duties:

(a) to monitor the CEO's performance of his or her functions;

(b) to report to both Houses of the Parliament, with such

comments as it thinks fit, on any matter connected with the

performance of the CEO's function that the joint committee

considers should be directed to the attention of Parliament;

the

Public Governance, Performance and Accountability Act

2013

and report to both Houses of the Parliament on any

matter appearing in, or arising out of, any such annual report

or special report;

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(d) to inquire into any question in connection with the joint

committee's duties that is referred to it by either House of the

Parliament, and to report to that House on that question;

(e) to consider proposed appointments to the offices of CEO and

Deputy CEO (see subsections @501D(3) and @501N(4));

(f) to make recommendations to both Houses of the Parliament,

the Minister and the CEO on:

(i) draft estimates referred to in section @501ZK; and

(ii) what proportion of the EPA's budget should be spent on

monitoring, compliance, enforcement and assurance.

(2) Subsection (1) does not authorise the joint committee to reconsider

the CEO's decisions or recommendations in relation to a particular

decision under a Commonwealth environmental law.

@501ZK Estimates

(1) Without limiting section @501ZH, the joint committee may

request the CEO to submit to the joint committee draft estimates

for the EPA for a financial year before the Federal budget for that

financial year.

(2) The CEO must comply with the request in time to allow the joint

committee to consider the draft estimates and make

recommendations on them before the budget.

501ZL Review of Commonwealth environmental laws

The joint committee must:

(a) regularly review Commonwealth environmental laws; and

(b) if the joint committee reasonably believes that the purposes

of those laws would be better achieved if any functions under

those laws were transferred to the CEO--recommend to both

Houses of the Parliament and the Minister that the functions

be transferred to the CEO.

2 Section 528

Insert:

CEO

means the Chief Executive Officer of the Commonwealth

Environment Protection Authority.

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Commonwealth environmental law

means any of the following:

(a) an environmental law;

(b) the

Water Act 2007

;

instrument specified by the regulations for the purposes for

this paragraph) that has, as its purpose or one of its purposes,

the purpose of protecting the environment;

(d) an Act specified by the regulations for the purposes of this

paragraph;

(e) a legislative instrument (other than a legislative instrument

specified by the regulations for the purposes of this

paragraph) made under another Commonwealth

environmental law.

Deputy CEO

means a Deputy Chief Executive Officer of the

Commonwealth Environment Protection Agency.

EPA

means the Commonwealth Environment Protection

Authority.

joint committee

means the Parliamentary Joint committee on

Environment and Energy.

joint committee member

means a member of the joint committee.

OMCEA

means the Office of Monitoring, Compliance,

Enforcement and Assurance of the Commonwealth Environment

Protection Authority.

paid work

means work for financial gain or reward (whether as an

employee, a self-employed person or otherwise).

senior Deputy CEO

: see subsection @501E(2).

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Part 2--Consequential amendments

Environment Protection and Biodiversity Conservation Act

1999

3 At the end of section 28

Add:

(6) Before making a declaration under this section, the Minister must

consult the CEO.

4 At the end of Division 1 of Part 4

Add:

31A CEO's call-in powers

Despite section 29, the CEO may, by legislative instrument,

declare that, for the purposes of the CEO's functions and powers

relating to monitoring compliance with this Act:

(a) a specified bilateral agreement is to be disregarded; and

(b) a specified action covered by the agreement is taken to have

been approved under Part 9.

5 At the end of section 33

Add:

Consultation with CEO

(9) The Minister must consult the CEO before:

(a) making a declaration under subsection (1); or

(b) making an instrument under subsection (3).

6 After subsections 35(1) and 36A(1)

Insert:

(1A) Before making an instrument under subsection (1), the Minister

must consult the CEO.

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7 At the end of Subdivision C of Division 3 of Part 4

Add:

37JA Consultation with CEO

Before making a declaration under section 37A, the Minister must

consult the CEO.

8 After subsection 37K(1)

Insert:

(1A) Before making an instrument under subsection (1), the Minister

must consult the CEO.

9 At the end of section 46

Add:

Consultation with CEO

(11) The Minister must consult the CEO before:

(a) entering into an agreement under subsection (1); or

(b) accrediting something under subsection (3).

10 After subsection 56A(1)

Insert:

(1A) Before making a determination under paragraph (1)(c), the

Minister must consult the CEO.

11 Subsection 58(1)

After "must consult", insert "the CEO and".

12 After subsections 60(2) and 62(2)

Insert:

(2A) Before making a decision under subsection (2), the Minister must

consult the CEO.

13 Section 66

Omit "Minister" (first, third and fourth occurring), substitute "CEO".

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14 Subsection 68(1)

Omit "Minister", substitute "CEO".

15 Subsection 68(1)

Omit "Minister's", substitute "CEO's".

16 Subsection 68(2)

Omit "Minister", substitute "CEO".

17 Subsection 68(2)

Omit "Minister's", substitute "CEO's".

18 Subsection 68(5)

Omit "Minister" (wherever occurring), substitute "CEO".

19 Sections 68A to 73A

Omit "Minister" (wherever occurring), substitute "CEO".

20 Subsection 74(1) (heading)

Omit "

other

21 Subsection 74(1)

Omit "Minister (the

Environment Minister

)", substitute "CEO".

22 Paragraph 74(1)(a)

Omit "other Minister whom the Environment Minister", substitute

"Minister whom the CEO".

23 Paragraph 74(1)(b)

Omit "other Minister informed to give the Environment Minister",

substitute "Minister informed to give the CEO".

24 Subsections 74(1A) and (1B)

Omit "Minister" (wherever occurring), substitute "CEO".

25 Subsections 74(2) and (3)

Omit "Environment Minister" (wherever occurring), substitute "CEO".

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26 Paragraph 74(3)(b)

Omit "Minister", substitute "CEO".

27 Subsection 74(3A)

Omit "Environment Minister", substitute "CEO".

28 Subsection 74(3A)

Omit "the Minister", substitute "the CEO".

29 Subsection 74(3B)

Omit "Environment Minister", substitute "CEO".

30 Subsection 74(3B)

Omit "the Minister", substitute "the CEO".

31 Sections 74A to 74B

Omit "Minister" (wherever occurring), substitute "CEO".

32 Subsection 74C(1)

Omit "Minister" (wherever occurring), substitute "CEO".

33 Paragraph 74C(2)(a)

Omit "Minister", substitute "CEO".

34 Paragraph 74C(2)(b)

Omit "Minister's", substitute "CEO's".

35 Paragraph 74C(3)(b) and (c)

Omit "Minister", substitute "CEO".

36 Section 74D (heading)

Omit "

Minister

", substitute "

CEO

37 Subsection 74D(1)

Omit "Minister" (first occurring), substitute "CEO".

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38 Paragraph 74D(2)(a)

Omit "Minister", substitute "CEO".

39 Paragraph 74D(2)(b)

Omit "Minister's", substitute "CEO's".

40 Subparagraph 74D(2)(c)(ii)

Omit "Minister's", substitute "CEO's".

41 Paragraph 74D(3)(b)

Omit "Minister" (wherever occurring), substitute "CEO".

42 Subsections 74D(4) to (6)

Omit "Minister" (wherever occurring), substitute "CEO".

43 Division 2 of Part 7 (heading)

Omit "

Ministerial decision

", substitute "

Decision

44 Sections 75 to 77A

Omit "Minister" (wherever occurring), substitute "CEO".

45 Subsection 78(1) (not including the notes)

Omit "Minister", substitute "CEO".

46 Subsection 78(1) (notes 2 and 3)

Omit "the Minister" (wherever occurring), substitute "the CEO".

47 Subsections 78(2) to (7)

Omit "Minister", substitute "CEO".

48 Section 78A

Omit "the Minister" (wherever occurring), substitute "the CEO".

49 Section 78B (heading)

Omit "

Minister

", substitute "

CEO

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50 Subsection 78B(1)

Omit "The Minister (the

Environment Minister

)", substitute "The

CEO".

51 Subsections 78B(2) and (3)

Omit "Environment Minister" (wherever occurring), substitute "CEO".

52 Subsection 78B(3)

Omit "Minister" (second and third occurring), substitute "CEO".

53 Subsection 78B(4) (heading)

Omit "

other

54 Subsection 78B(4)

Omit "Environment Minister must", substitute "CEO must".

55 Paragraph 78B(4)(a)

Omit "other Minister who the Environment Minister", substitute

"Minister who the CEO".

56 Paragraph 78B(4)(b)

Omit "Environment Minister", substitute "CEO".

57 Subsections 78B(5) and (6)

Omit "Environment Minister" (wherever occurring), substitute "CEO".

58 Section 78C (heading)

Omit "

Minister

", substitute "

CEO

59 Subsections 78C(1) and (2)

Omit "Minister" (first occurring), substitute "CEO".

60 Subsections 78C(3) and (4)

Omit "Minister" (wherever occurring), substitute "CEO".

61 Subsection 79(1)

Omit "Minister (the

Environment Minister

)", substitute "CEO".

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62 Subsection 79(2)

Omit "Environment Minister", substitute "CEO".

63 Subsection 79(2)

Omit "Environment Minister's", substitute "CEO's".

64 Subsection 79(3)

Omit "Environment Minister", substitute "CEO".

65 Section 80

Omit "Ministerial", substitute "CEO".

66 Sections 80 to 90

Omit "Minister" (wherever occurring), substitute "CEO".

67 Subsection 91(1)

Omit "Minister" (first occurring), substitute "CEO".

68 Subsections 91(1A) and (2)

Omit "Minister", substitute "CEO".

69 Sections 92 to 95

Omit "Minister" (wherever occurring), substitute "CEO".

70 Subsections 95A(1) to (3)

Omit "Minister" (wherever occurring), substitute "CEO".

71 Paragraph 95A(3)(c)

Omit "Minister's", substitute "CEO's".

72 Subsection 95A(4) (note)

Omit "Minister", substitute "CEO".

73 Sections 95B to 96B

Omit "Minister" (wherever occurring), substitute "CEO".

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74 Subsections 97(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

75 Paragraph 97(3)(b)

Omit "Minister administering this section", substitute "CEO".

76 Subsections 97(3A) and (5)

Omit "Minister" (wherever occurring), substitute "CEO".

77 Paragraph 98(1)(ab)

Omit "Minister", substitute "CEO".

78 Paragraph 98(1)(b)

Omit "Minister's", substitute "CEO's".

79 Subsections 98(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

80 Sections 99 to 101B

Omit "Minister" (wherever occurring), substitute "CEO".

81 Subsections 102(1) to (2)

Omit "Minister" (wherever occurring), substitute "CEO".

82 Paragraph 102(3)(b)

Omit "Minister administering this section", substitute "CEO".

83 Subsections 102(3A) and (5)

Omit "Minister" (wherever occurring), substitute "CEO".

84 Paragraph 103(1)(ab)

Omit "Minister", substitute "CEO".

85 Paragraph 103(1)(b)

Omit "Minister's", substitute "CEO's".

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86 Subsections 103(2) and (3)

Omit "Minister" (wherever occurring), substitute "CEO".

87 Sections 104 to 106

Omit "Minister" (wherever occurring), substitute "CEO".

88 Subsection 107(1)

Omit "Minister decides that the relevant impacts of an action must be

assessed by inquiry under this Division, the Minister", substitute "CEO

decides that the relevant impacts of an action must be assessed by

inquiry under this Division, or that the relevant impacts of the action

must be assessed by an environmental impact statement under

Division 6, the CEO".

89 Subparagraph 107(1)(b)(ii)

Omit "Minister", substitute "CEO".

90 Subsection 107(1) (note 1)

Omit "Minister", substitute "CEO".

91 After subsection 107(1)

Insert:

(1A) The CEO must not appoint a person as a commissioner unless the

CEO is satisfied that the person qualifies for the appointment

because of the person's knowledge of, or experience in, any of the

following:

(a) conservation of biodiversity;

(b) ecologically sustainable development;

(d) Indigenous affairs;

(e) law;

(f) natural resource management.

92 Subsections 107(2) and (3)

Omit "Minister" (wherever occurring), substitute "CEO".

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93 Subsection 107(4)

Omit "Minister may", substitute "CEO may".

94 Paragraph 107(4)(b)

Omit "Minister administering this section", substitute "CEO".

95 Subsections 107(4A) and (5)

Omit "Minister" (wherever occurring), substitute "CEO".

96 Section 108

Omit "Minister" (wherever occurring), substitute "CEO".

97 After section 110

Insert:

110A Funding witnesses and submissions

The CEO may provide financial assistance for the purposes of

helping community representatives to seek independent expertise

to prepare evidence and present submissions to an inquiry under

this Division.

Note:

See section 522.

110B CEO may make submissions to inquiry

(1) The CEO may make a submission to a commission, including a

submission relating to an assertion contained in an application,

environmental impact statement, or any other evidence given to the

commission.

(2) For the purposes of preparing a submission under subsection (1),

the CEO may exercise the powers of a commissioner under this

Subdivision as if the CEO were a commissioner conducting an

inquiry.

98 Sections 118 to 122

Omit "Minister" (wherever occurring), substitute "CEO".

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99 Subsections 123(2) and (3)

Omit "Minister's", substitute "CEO's".

100 Subsection 125(2)

Omit "Minister" (wherever occurring), substitute "CEO".

101 Section 126

Omit "Minister's", substitute "CEO's".

102 Subsections 127(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

103 Subsection 127(3)

Omit "Minister must", substitute "CEO must".

104 Paragraph 127(3)(b)

Omit "Minister's", substitute "CEO's".

105 Subsection 127(4)

Omit "Minister must", substitute "CEO must".

106 Paragraph 127(4)(b)

Omit "Minister's", substitute "CEO's".

107 Sections 128 and 129

Omit "Minister" (wherever occurring), substitute "CEO".

108 Section 130

Omit "Minister" (wherever occurring), substitute "CEO".

109 Subsection 131(1)

Omit "Minister (the

Environment Minister

)", substitute "CEO".

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110 Paragraph 131(1)(a)

Omit "other Minister whom the Environment Minister believes has

administrative responsibilities relating to the action of the decision the

Environment Minister", substitute "Minister whom the CEO believes

has administrative responsibilities relating to the action of the decision

the CEO".

111 Paragraph 131(1)(b)

Omit "other Minister to give the Environment Minister", substitute

"Minister to give the CEO".

112 Paragraph 131(2)(b)

Omit "Environment Minister", substitute "CEO".

113 Subsections 131AA(1) to (6)

Omit "Minister" (wherever occurring), substitute "CEO".

114 Paragraph 131AA(7)(a)

Omit "Minister's", substitute "CEO's".

115 Paragraph 131AA(7)(b)

Omit "Minister", substitute "CEO".

116 Paragraph 131AA(7)(b)

Omit "Minister's", substitute "CEO's".

117 Sections 131AB and 131A

Omit "Minister" (wherever occurring), substitute "CEO".

118 After section 131A

Insert:

131B CEO may conduct inquiries

(1) Before the CEO decides whether or not to approve, for the

purposes of a controlling provision, the taking of an action, and

what conditions (if any) to attach to an approval, the CEO may

conduct an inquiry into any of the assertions made in the

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application, an environmental impact statement or any other

evidence given in connection with the application.

(2) For the purposes of subsection (1), Subdivision C of Division 7 of

Part 9 applies in relation to an inquiry by the CEO under

subsection (1) of this section in the same way that section applies

in relation to an inquiry by a commissioner.

119 Section 132

Omit "Minister" (first and second occurring), substitute "CEO".

120 Paragraph 132(e)

Omit "Minister", substitute "CEO".

121 Subsection 132A(3)

Omit "Minister (the

Environment Minister

)", substitute "CEO".

122 Subsection 132A(3)

Omit "Environment Minister" (wherever occurring), substitute "CEO".

123 Sections 132B to 145A

Omit "Minister" (wherever occurring), substitute "CEO".

124 Section 145B (heading)

Omit "

Minister's

", substitute "

CEO's

125 Subsection 145B(1)

Omit "Minister", substitute "CEO".

126 Subsection 145B(2) (heading)

Omit "

Minister

", substitute "

CEO

127 Subsection 145B(2)

Omit "Minister" (first occurring), substitute "CEO".

128 Subsection 145B(2)

Omit "Minister's", substitute "CEO's".

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129 Subsection 145B(2)

Omit "Minister" (last occurring), substitute "CEO".

130 Subsection 145B(3)

Omit "Minister" (first occurring), substitute "CEO".

131 Paragraph 145B(3)(a)

Omit "Minister" (first occurring), substitute "CEO".

132 Paragraphs 145B(3)(a) and (b)

Omit "Minister's", substitute "CEO's".

133 Subsections 145B(4) and (5)

Omit "Minister", substitute "CEO".

134 Sections 145C to 145E

Omit "Minister" (wherever occurring), substitute "CEO".

135 At the end of Part 9

Add:

Division 6--Powers of CEO in exceptional circumstances

145F Powers of CEO in exceptional circumstances

(1) This section applies if an approval of the taking of an action under

this Part is in force.

(2) Despite anything else in this Part, the CEO may, by written

instrument, attach a condition to the approval if the CEO is

satisfied on reasonable grounds that:

(a) the applicant, in connection with the approval, intentionally

mispresented the impact of the action on the environment

(whether in the application, an environmental impact

statement or in any other document or evidence); and

(b) the action constitutes a significant threat to the environment;

and

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(d) it is not practicable, in the circumstances, to attach the

condition under the other provisions of this Division.

(3) Despite anything else in this Part, the CEO may, by written

instrument, suspend or revoke the approval if the CEO is satisfied

on reasonable grounds that:

(a) the applicant, in connection with the approval, intentionally

mispresented the impact of the action on the environment

(whether in the application, an environmental impact

statement or in any other document or evidence);

(b) the action constitutes a significant threat to the environment;

and

(d) attaching conditions under subsection (2) would not be a

sufficient response to the threat; and

(e) it is not practicable, in the circumstances, to suspend or

revoke the approval under the other provisions of this

Division.

(4) As soon as possible after making an instrument under

subsection (2) or (3), the Minister must:

(a) give a copy of it to the holder of the approval; and

(b) publish the instrument in accordance with the regulations.

136 At the end of section 146

Add:

(4) The CEO must be consulted before:

(a) the Minister enters into an agreement under subsection (1); or

(b) terms of reference are finalised as mentioned in

subparagraph (1B)(b)(iii); or

paragraph (2)(f).

137 Section 146B

Omit "Minister" (wherever occurring), substitute "CEO".

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138 Section 146C (heading)

Omit "

other

139 Subsection 146C(1)

Omit "Minister (the

Environment Minister

)", substitute "CEO".

140 Paragraph 146C(1)(a)

Omit "the Minister whom the Environment Minister", substitute

"Minister whom the CEO".

141 Paragraphs 146C(1)(b) and (2)(b)

Omit "Environment Minister", substitute "CEO".

142 Sections 146D to 146M

Omit "Minister" (wherever occurring), substitute "CEO".

143 Sections 155 to 156F

Omit "Minister" (wherever occurring), substitute "CEO".

144 After subsection 158(5)

Insert:

(5A) Before making a notice, the Minister must consult the CEO.

145 Paragraph 158A(2)(a)

Omit "Minister", substitute "CEO".

146 Subdivision A of Division 4 of Part 11 (heading)

Omit "

Minister's

", substitute "

CEO's

147 Section 159

Omit "Minister" (wherever occurring), substitute "CEO".

148 Section 160 (heading)

Omit "

Minister's

", substitute "

CEO's

149 Subsection 160(1)

Omit "Minister", substitute "CEO".

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150 Subsection 160(1A) (heading)

Omit "

Minister

", substitute "

CEO

151 Paragraphs 160(1A)(a) and (b)

Omit "Minister", substitute "CEO".

152 Paragraph 160(4)(a)

Omit "Minister's", substitute "CEO's".

153 Section 161 (heading)

Omit "

Minister's

", substitute "

CEO's

154 Subsection 161(1)

Omit "Minister's", substitute "CEO's".

155 Subsections 161(1) and (2)

Omit "Minister" (wherever occurring), substitute "CEO".

156 Subsection 161(2) and (3)

Omit "Minister's" (wherever occurring), substitute "CEO's".

157 Section 161A to 163

Omit "Minister" (wherever occurring), substitute "CEO".

158 Section 164

Omit "Minister's" (first occurring), substitute "CEO's".

159 Section 164

Omit "Minister", substitute "CEO".

160 Paragraphs 164(a) and (b)

Omit "Minister's", substitute "CEO's".

161 Section 166 (heading)

Before "

Ministers

", insert "CEO and State".

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162 Subsections 166(1) and (3) and 167(1) and (2)

Omit "Minister" (first occurring), substitute "the CEO".

163 Subsection 167(3) (heading)

Omit "

Minister

", substitute "

CEO

164 Subsection 167(3)

Omit "Minister", substitute "CEO".

165 Section 168

Omit "Minister" (wherever occurring), substitute "CEO".

166 Paragraphs 169(2)(a), (b) and (c)

Omit "Minister", substitute "CEO".

167 Subsection 169(4) (heading)

Omit "

Minister

" (first occurring), substitute "

CEO

168 Subsection 169(4)

Omit "Minister" (first occurring), substitute "CEO".

169 Paragraph 170(b)

Omit "the Minister" (wherever occurring), substitute "the CEO".

170 Section 170A

Omit "Secretary", substitute "CEO".

171 Paragraph 170A(a)

Omit "Minister", substitute "CEO".

172 Paragraphs 170A(b) to (ia)

Omit "Minister", substitute "CEO".

173 Sections 170B and 170BA

Omit "Minister" (wherever occurring), substitute "CEO".

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174 At the end of section 170BA

Add:

(8) This section does not apply to biodiversity conservation, heritage

or environmental protection data to which section 170BB applies.

175 At the end of Division 5 of Part 11

Add:

170BB CEO may require documentation to be machine-readable

etc.

(1) This section applies to biodiversity conservation, heritage or

environmental protection data that a person is required to publish

under Division 4, 5, 6 or 7 of Part 8, other than data that a person is

directed not to disclose under section 170B.

(2) The CEO may, by notice in writing given to the person, require the

person:

(a) to give the data to the CEO in a specified electronic format;

(b) to take all reasonable steps to have the data published in a

specified way, including:

(i) on the EPA's website; or

(ii) in the

Atlas of Living Australia

(3) The person must comply with the requirement in the notice.

Civil penalty:

(a) for an individual--100 penalty units;

(b) for a body corporate--1,000 penalty units.

176 Sections 170C and 170CA

Omit "Minister" (wherever occurring), substitute "CEO".

177 Division 1 of Part 12

Omit "Minister" (wherever occurring), substitute "CEO".

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178 Sections 200 to 207A

Omit "Minister" (wherever occurring), substitute "CEO".

179 After subsection 208A(1)

Insert:

(1A) Before making an instrument under subsection (1), the Minister

must consult the CEO.

180 Sections 215 to 221A

Omit "Minister" (wherever occurring), substitute "CEO".

181 After subsection 222A(1)

Insert:

(1A) Before making an instrument under subsection (1), the Minister

must consult the CEO.

182 Sections 237 to 243A

Omit "Minister" (wherever occurring), substitute "CEO".

183 After subsection 245(1)

Insert:

(1A) Before making an instrument under subsection (1), the Minister

must consult the CEO.

184 Sections 257 to 263A

Omit "Minister" (wherever occurring), substitute "CEO".

185 After subsection 265(1)

Insert:

(1A) Before making an instrument under subsection (1), the Minister

must consult the CEO.

186 After subsection 303A(5)

Insert:

(5A) Before granting an exemption, the Minister must consult the CEO.

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187 Sections 303CE to 303CG, 303CI, 303CK, 303DE to 303DJ

and 303EL to 303EQ

Omit "Minister" (wherever occurring), substitute "CEO".

188 Sections 303GA to 303GD

Omit "Minister" (wherever occurring), substitute "CEO".

189 Subsection 303GE(2)

Omit "Minister", substitute "CEO".

190 Subsection 303GE(4)

Omit "Minister's" (wherever occurring), substitute "CEO's".

191 Sections 303GG to 303GX

Omit "Minister" (wherever occurring), substitute "CEO".

192 After subsection 306A(1)

Insert:

(1A) Before entering into a conservation agreement, the Minister must

consult the CEO.

193 Section 391 (heading)

After "

Minister

", insert "

and CEO

194 Subsection 391(1)

After "Minister", insert "or CEO".

195 Section 392

Before "The Minister", insert "(1)".

196 At the end of section 392

Insert:

(2) The CEO may, in writing, appoint:

(a) an employee of the EPA; or

(b) a person covered by an arrangement made under section 393;

to be a warden or ranger.

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197 Subsection 393(1)

After "The Secretary", insert "or the CEO".

198 Subsection 393(2)

After "The Minister", insert "or the CEO".

199 Subsection 393(4)

After "The Director", insert "or the CEO".

200 Sections 395 and 396

After "Minister" (wherever occurring), insert "or CEO".

201 Subsections 398(1) and (3)

After "The Minister", insert "or CEO".

202 Subsection 398(4)

After "the Minister" (wherever occurring), insert "or CEO".

203 Section 399

After "Minister" (wherever occurring), insert "or CEO".

204 Subsection 438(3)

After "Secretary", insert "or CEO".

205 Paragraph 438(4)(c)

After "Secretary", insert ", the CEO".

206 Section 444C

After "Secretary" (wherever occurring), insert "or CEO".

207 Subsection 444G(3)

After "Secretary", insert "or CEO".

208 Paragraph 444G(4)(c)

After "Secretary", insert ", the CEO".

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209 Subsection 446(1B)

After "Secretary", insert "or CEO".

210 Paragraph 446(1C)(c)

After "Secretary", insert "or CEO".

211 Paragraph 446(1C)(d)

After "Secretary", insert ", the CEO".

212 Sections 449 to 454

After "Secretary" (wherever occurring), insert "or CEO".

213 Subsection 456AB(3)

After "Secretary", insert "or CEO".

214 Paragraph 456AB(4)(c)

After "Secretary", insert "or CEO".

215 Paragraph 456AB(4)(d)

After "Secretary", insert ", the CEO".

216 Subsection 456AC(3)

After "Secretary", insert ", the CEO".

217 Paragraph 456AC(4)(b)

After "Secretary", insert "or CEO".

218 Paragraph 456AC(4)(c)

After "Secretary", insert ", the CEO".

219 Sections 458 and 459

After "Minister" (wherever occurring), insert "or CEO".

220 Paragraph 460(1)(c)

After "Minister's", insert "or CEO's".

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221 Subsection 461(2)

After "Minister" (wherever occurring), insert "or CEO".

222 After paragraph 475(1)(a)

Insert:

(aa) the CEO; or

223 Subsection 476(1)

Omit "the Minister", substitute ", the Minister or the CEO".

224 At the end of subsection 480A(5)

Add "or CEO".

225 Section 480B

After "Minister", insert "or CEO".

226 Division 14B of Part 17 (heading)

Repeal the heading, substitute:

Division 14B--Remediation determinations

227 Section 480D to 480H

After "Minister" (wherever occurring), insert "or CEO".

228 Section 480J (heading)

Repeal the heading, substitute:

480J Reconsideration of remedial determinations

229 Subsection 480J(1)

After "Minister", insert "or CEO (whoever made the determination)".

230 Subsections 480J(2) to (4)

After "Minister", insert "or CEO".

231 Paragraphs 480JK(4)(a) and (b)

After "Minister's", insert "or CEO's".

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232 Paragraph 480K(1)(c)

Omit "by the Minister".

233 Subsection 480L(1)

Repeal the subsection, substitute:

(1) If the Minister:

(a) makes a remediation determination; and

(b) considers that the specified person has contravened the

remediation determination;

the Minister may apply to the Federal Court for an order under

subsection (2).

(1A) If the CEO:

(a) makes a remediation determination; and

(b) considers that the specified person has contravened the

remediation determination;

the CEO may apply to the Federal Court for an order under

subsection (2).

234 Subsection 480N(1)

Repeal the subsection, substitute:

(1) The Minister or CEO may, in writing, vary or revoke a remediation

determination that he or she made.

235 Subsection 481(1)

After "the Minister", insert "or CEO".

236 Subsections 486DA (1) and (2)

After "the Minister" (wherever occurring), insert "or CEO".

237 At the end of subsection 486DA(3)

Add "or CEO (whoever accepted the undertaking)".

238 Subsections 486DB(1) and 486E(1)

After "the Minister" (wherever occurring), insert "or CEO".

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239 Subsection 486E(2) (at the end of the definition of

official

)

Add

; (f) the CEO;

(g) a Deputy CEO;

(h) a member of the staff of the EPA.

240 Sections 486F and 486G

After "Minister" (wherever occurring), insert "or CEO".

241 Paragraphs 489(1)(a) and (2A)(a)

Omit "or 13A", substitute ", 13A or 17".

242 After subparagraph 491(1)(b)(iii)

Insert:

(iiia) the CEO; or

(iiib) a Deputy CEO; or

(iiic) a member of the staff of the EPA; or

243 Subsection 498(1)

After "Minister", insert "or CEO".

244 Paragraph 498(2)(a)

After "Minister's", insert "or CEO's".

245 Subsection 498A(1)

Omit "An authorised officer or ranger", substitute "A person to whom

subsection (3) applies".

246 Subparagraph 498A(1)

Omit "the officer or ranger", substitute "the person".

247 Subsection 498A(1)

Omit "(in the case of an authorised officer)".

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248 Subsection 498A(2)

Omit "an authorised officer or ranger", substitute "person to whom

subsection (3) applies (the

main officer

)".

249 Subsection 498A(2)

Omit "officer or ranger" (second and third occurring), substitute "main

officer".

250 Subsection 498A(2)

Omit "(in the case of an authorised officer)".

251 Subsection 498A(2)

Omit "the officer or ranger" (last occurring), substitute "main officer".

252 At the end of section 498

Add:

(3) This subsection applies to:

(a) an authorised officer; or

(b) a ranger; or

253 At the end of Part 17

Add:

Division 23--Regulatory powers

498C Monitoring powers

(1) This Act is subject to monitoring under Part 2 of the Regulatory

Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether this Act has been complied with. It includes

powers of entry and inspection.

(2) Information given in compliance or purported compliance with a

provision of this Act is subject to monitoring under Part 2 of the

Regulatory Powers Act.

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Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

(3) For the purposes of Part 2 of the Regulatory Powers Act, as it

applies in relation to the provisions of this Act:

(a) the CEO is an authorised applicant; and

(b) each of the following is an authorised person:

(i) the CEO;

(ii) a Deputy CEO;

(iii) a person nominated in writing by the CEO for purposes

of this subparagraph; and

(d) the Federal Court is the relevant court.

Use of force in executing a warrant

(4) In executing a monitoring warrant:

(a) an authorised person may use such force against things as is

necessary and reasonable in the circumstances; and

(b) a person assisting the authorised person may use such force

against things as is necessary and reasonable in the

circumstances.

498D Investigation powers

(1) A provision is subject to investigation under Part 3 of the

Regulatory Powers Act if it is:

(a) an offence against this Act; or

(b) a civil penalty provision of this Act; or

Crimes Act 1914

or the

Criminal Code

that relates to this Act.

Note:

Part 3 of the Regulatory Powers Act creates a framework for

investigating whether a provision has been contravened. It includes

powers of entry, search and seizure.

(2) For the purposes of Part 3 of the Regulatory Powers Act, as it

applies in relation to evidential material that relates to a provision

mentioned in subsection (1):

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(a) the CEO is an authorised applicant and the relevant chief

executive; and

(b) each of the following is an authorised person:

(i) the CEO;

(ii) a Deputy CEO;

(iii) a person nominated in writing by the CEO for purposes

of this subparagraph; and

(d) the Federal Court is the relevant court.

Use of force in executing a warrant

(3) In executing an investigation warrant:

(a) an authorised person may use such force against things as is

necessary and reasonable in the circumstances; and

(b) a person assisting the authorised person may use such force

against things as is necessary and reasonable in the

circumstances.

498E Infringement notices

(1) A civil penalty provision of this Act or strict liability offence

against this Act is subject to an infringement notice under Part 5 of

the Regulatory Powers Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

(2) For the purposes of Part 5 of the Regulatory Powers Act:

(a) each of the following is an infringement officer in relation to

the provisions mentioned in subsection (1):

(i) the CEO;

(ii) a Deputy CEO;

(iii) a person nominated in writing by the CEO for purposes

of this subparagraph; and

(b) the CEO is the relevant chief executive in relation to the

provisions mentioned in subsection (1).

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498F Enforceable undertakings

(1) The provisions of this Act are enforceable under Part 6 of the

Regulatory Powers Act.

Note:

Part 6 of the Regulatory Powers Act creates a framework for

accepting and enforcing undertakings relating to compliance with

provisions.

(2) For the purposes of Part 6 of the Regulatory Powers Act:

(b) each of the following is an authorised person in relation to

the provisions mentioned in subsection (1):

(i) the CEO;

(ii) a Deputy CEO;

(iii) a person nominated in writing by the CEO for purposes

of this subparagraph; and

(b) the Federal Court is a relevant court in relation to the

provisions mentioned in subsection (1).

498G Injunctions

(1) The provisions of this Act are enforceable under Part 7 of the

Regulatory Powers Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

(2) For the purposes of Part 7 of the Regulatory Powers Act:

(a) each of the following is an authorised person in relation to

the provisions mentioned in subsection (1):

(i) the CEO;

(ii) a Deputy CEO;

(iii) a person nominated in writing by the CEO for purposes

of this subparagraph; and

(b) the Federal Court is the relevant court in relation to the

provisions mentioned in subsection (1).

498H Extension to external Territories

Parts 2, 3, 5, 6 and 7 of the Regulatory Powers Act, as they apply

because of this Division, extend to every external Territory.

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498J Delegation

(1) The CEO may, in writing, delegate the functions or powers

mentioned in subsection (2) to:

(a) a Deputy CEO; or

(b) a member of the staff of the EPA; or

employee or officer of a State or Territory; or

(d) with the agreement of the local council concerned--an

employee or officer of a local council.

(2) The powers and functions that may be delegated are:

(a) the CEO's powers and functions under Part 2, 3, 5, 6 or 7 of

the Regulatory Powers Act, as it applies because of this

Division; and

(b) powers and functions under the Regulatory Powers Act that

are incidental to a power mentioned in paragraph (a).

(3) A person exercising powers or performing functions under a

delegation under subsection (1) must comply with any directions of

the CEO.

498K Person assisting

A person who is an authorised person for the purposes of Part 2, 3,

5, 6 or 7 of the Regulatory Powers Act, as it applies because of this

Division, may be assisted by other persons in exercising powers or

performing functions as an authorised person.

498L Interaction with rest of this Act

This Division does not limit a power of the CEO or any other

person under another provision of this Act or any other law.

Division 24--Stop work orders

498M Stop work orders

(1) This section applies if the CEO believes on reasonable grounds

that:

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(a) a person is engaging, or is likely to engage, in conduct that

contravenes this Act; and

(b) the conduct constitutes a significant threat to the

environment; and

the threat; and

(d) the CEO has not previously made an order under this section

in relation to the conduct.

Note:

The person may be a State or Territory or a local council.

(2) The CEO may, by notice in writing given to the person, order the

person not to engage in the conduct, or to cease engaging in the

conduct.

(3) The person must not contravene the order.

Civil penalty:

(a) for an individual--5,000 penalty units;

(b) for a body corporate--50,000 penalty units.

(4) The order ceases:

(a) 24 hours after it is given to the person; or

(b) at an earlier time specified in the order.

Division 25--Additional monitoring and investigation

powers

Subdivision A--Power to enter premises

@498N Compliance purposes

(1) An inspector may exercise his or her powers under this Division

for compliance purposes.

(2) A

compliance purpose

is the purpose of determining whether any

of the following have been or are being complied with:

(a) this Act;

(b) a condition to which an approval, permit, licence or other

permission (however described) granted under this Act is

subject.

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Subdivision B--Power to enter premises

@498P Power of inspectors to enter premises

(1) An inspector may, without force, enter premises, if the inspector

reasonably believes that:

(a) an activity that is approved under this Act subject to

conditions is being carried out on the premises; or

(b) there are records or documents relevant to compliance

purposes on the premises, or accessible from a computer on

the premises.

(2) Despite paragraph (1)(a), an inspector must not enter a part of

premises that is used for residential purposes unless the inspector

reasonably believes that the activity referred to in that paragraph is

being carried out on that part of the premises.

@498Q Powers of inspectors while on premises

The inspector may exercise one or more of the following powers

while on the premises:

(a) inspect any work, process or object;

(b) interview any person;

access to, a record or document;

(d) require a person who has the custody of, or access to, a

record or document

to produce the record or document to the

inspector either while the inspector is on the premises, or

within a specified period;

(e) inspect, and make copies of, any record or document that:

(i) is kept on the premises; or

(ii) is accessible from a computer that is kept on the

premises;

(f) take samples of any goods or substances in accordance with

any procedures prescribed by the regulations.

@498R Persons assisting inspectors

(1) A person (the

assistant

) may accompany the inspector onto the

premises to assist the inspector if the CEO is satisfied that:

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(a) the assistance is necessary and reasonable; and

(b) the assistant has suitable qualifications and experience to

properly assist the inspector.

(2) The assistant:

(a) may do such things on the premises as the inspector requires

to assist the inspector to exercise the inspector's powers; but

(b) must not do anything that the inspector does not have power

to do.

(3) Anything done by the assistant is taken for all purposes to have

been done by the inspector.

Subdivision C--Powers to ask questions and require records

and documents

@498S Power to ask for person's name and address

(1) An inspector may require a person to tell the inspector the person's

name and address if the inspector reasonably believes that the

person has contravened a civil penalty provision.

(2) If the inspector reasonably believes that the name or address is

false, the inspector may require the person to give evidence of its

correctness.

(3) A person must comply with a requirement under subsection (1) or

(2) if:

(a) the inspector advises the person that he or she may

contravene a civil penalty provision if he or she fails to

comply with the requirement; and

(b) the inspector shows his or her identity card to the person.

Civil penalty:

(a) for an individual--5,000 penalty units;

(b) for a body corporate--50,000 penalty units.

(4) Subsection (3) does not apply if the person has a reasonable

excuse.

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@498T Power to require persons to produce records or documents

(1) An inspector may require a person, by notice, to produce a record

or document to the inspector.

(2) The notice must:

(a) be in writing; and

(b) be served on the person; and

specified place within a specified period of at least 14 days.

The notice may be served by sending the notice to the person's fax

number.

(3) A person who is served with a notice to produce must not fail to

comply with the notice.

Civil penalty:

(a) for an individual--5,000 penalty units;

(b) for a body corporate--50,000 penalty units.

(4) Subsection (3) does not apply if the person has a reasonable

excuse.

Subdivision D--Other rules relating to answers, records and

documents

@498U Self-incrimination etc.

(1) A person is not excused from giving information, producing a

record or document, or answering a question, under this Division

on the ground that to do so might tend to incriminate the person or

otherwise expose the person to a penalty or other liability.

(2) In the case of an individual who produces a record or document,

under this Division, none of the following:

(a) the record or document produced;

(b) producing the record or document;

indirect consequence of producing the record or document;

is admissible in evidence against the individual in criminal

proceedings, other than:

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(d) proceedings for an offence against section 137.1 or 137.2 of

the

Criminal Code

that relates to this Act (false or misleading

information or documents); and

(e) proceedings for an offence against section 149.1 of the

Criminal Code

that relates to this Act (obstruction of

Commonwealth officials).

@498V Certain records and documents are inadmissible

The following are not admissible in evidence in criminal

proceedings against an individual:

(a) any record or document inspected or copied under this

Division of which the individual had custody, or to which the

individual had access, when it was inspected or copied;

(b) any information, document or thing obtained as a direct or

indirect consequence of inspecting or copying a record or

document of which the individual had custody, or to which

the individual had access, when it was inspected or copied

under this Division.

@498W Legal professional privilege

Nothing in this Division requires a person to produce a document

that would disclose information that is the subject of legal

professional privilege.

@498X Power to keep records or documents

(1) If a record or document is produced to an inspector or any other

person in accordance with this Division, he or she may:

(a) inspect, and make copies of, the record or document; and

(b) keep the record or document for such period as is necessary.

(2) While an inspector or any other person keeps a record or

document, he or she must allow the following persons to inspect,

or make copies of, the record or document at all reasonable times:

(a) the person who produced the record or document;

(b) any person otherwise entitled to possession of the record or

document;

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paragraph (b).

Division 26--Other powers

@498Y Power to take samples etc.

(1) An inspector may inspect, take extracts from, and make copies of,

any document that is, or that the inspector suspects on reasonable

grounds is, evidential material in relation to an offence against an

environmental law, in relation to a contravention of a civil penalty

provision or in relation to both.

(2) Subsection (3) applies if:

(a) as a result of the exercise of a power under subsection (1),

property is damaged; and

(b) the damage or corruption occurs because insufficient care

was exercised in exercising the power; or

(3) The Commonwealth must pay the owner of the equipment, or the

user of the data or programs, such reasonable compensation for the

damage or corruption as the Commonwealth and the owner or user

agree on.

(4) However, if the owner or user and the Commonwealth fail to

agree, the owner or user may institute proceedings in a relevant

court for such reasonable amount of compensation as the court

determines.

(5) In determining the amount of compensation payable, regard is to

be had to whether the occupier of the premises, or the occupier's

employees or agents, if they were available at the time, provided

any appropriate warning or guidance on the operation of the

equipment.

(6) Compensation is payable out of money appropriated by the

Parliament.

@498A Power to enter land

An inspector, in carrying out monitoring and investigation

functions under this Act, may enter or cross any land or waters:

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(a) with the consent of the occupier of the land or water; or

(b) in accordance with a warrant issued by a magistrate under

this paragraph.

Note:

For offences relating to causing harm to or obstructing authorised

officers, see Chapter 7 of the

Criminal Code

Division 27--Post-approval audits

@498ZA Post-approval audits

(1) If an approval (however described) is granted under this Act, the

CEO may carry out a post-approval audit of the process of granting

the approval, including the accuracy of the environmental impact

statements and other evidence provided as part of that process.

(2) For the purposes of a post-approval audit, the CEO may request the

person to whom the approval was granted to supply specified

information or documents to the CEO.

(3) The person must comply with the request.

Civil penalty:

(a) for an individual--5,000 penalty units;

(b) for a body corporate--50,000 penalty units.

254 Section 499

After "Minister" (wherever occurring), insert "or CEO".

255 Subsections 514Y(2) and 514YA(2)

After "Secretary" (wherever occurring), insert "or CEO".

256 After paragraph 514YA(2)(a)

Insert:

(aa) the CEO; or

257 Paragraph 514YA(2)(b)

After "Department", insert "or EPA".

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258 Subsection 514YA(3)

After "Secretary", insert "or CEO".

259 Section 514YB

After "Secretary", insert "or CEO".

260 At the end of section 520

Add:

(9) Despite subsection 14(2) of the

Legislation Act 2003

, the

regulations may make provision in relation to a matter by applying,

adopting or incorporating, with or without modification, any matter

contained in an industry standard or code of practice as in force

from time to time.

261 Subsection 520A(1)

After "Minister" (wherever occurring), insert "or CEO".

262 Subsection 521A(1)

Omit "or Secretary" (wherever occurring), substitute ", Secretary or

CEO".

263 Section 528

Insert:

compliance purpose

: see subsection @498N(2).

Regulatory Powers Act

means the

Regulatory Powers (Standard

Provisions) Act 2014

264 Clauses 3 and 4 of Schedule 1

After "Minister" (wherever occurring), insert "or CEO".

265 Clauses 6 and 7 of Schedule 1

After "Secretary" (wherever occurring), insert "or CEO".

266 Clause 11 of Schedule 1

After "Minister" (wherever occurring), insert "or CEO".

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267 Subparagraph 17(3)(c)(i) of Schedule 1

After "Secretary,", insert "the CEO, a Deputy CEO,".

268 Subparagraph 17(3)(c)(i) of Schedule 1

After "Department", insert "or the EPA".

269 Clauses 27 and 32 of Schedule 1

After "Secretary" (wherever occurring), insert "or CEO".

270 Paragraph 38(3)(b) of Schedule 1

After "Secretary,", insert "the CEO, a Deputy CEO,".

271 Paragraph 38(3)(b) of Schedule 1

After "Department", insert "or the EPA".

272 Subclause 38(4) of Schedule 1

After "Secretary,", insert "CEO, Deputy CEO,".

273 Subclause 38(11) of Schedule 1 (paragraph (a) of the

definition of

senior authorising officer

)

After "Secretary", insert "or CEO".

274 Subclause 38(11) of Schedule 1 (paragraph (b) of the

definition of

senior authorising officer

)

After "Secretary", insert ", the CEO, a Deputy CEO".

275 Subclause 38(11) of Schedule 1 (at the end of

paragraph (b) of the definition of

senior authorising

officer

)

Add "or the EPA".

276 Clauses 41 to 54 of Schedule 1

After "Secretary" (wherever occurring), insert "or CEO".

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Part 3--Transitional provisions

278 Transitional rules

(1) The Minister may, by legislative instrument, make rules

prescribing matters of a transitional nature (including prescribing

any saving or application provisions) relating to the amendments or

repeals made by this Act.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act or an Act

amended by this Act;

(e) directly amend the text of this Act or an Act amended by this

Act.

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COMMONWEALTH ENVIRONMENT PROTECTION AUTHORITY BILL 2021