Environment Protection and Biodiversity Conservation Amendment (Board of Management Functions) Bill 2025

High-Level Summary

The Environment Protection and Biodiversity Conservation Amendment (Board of Management Functions) Bill 2025 allows Boards of Management for jointly managed Commonwealth reserves on Indigenous land to continue making management decisions after a plan expires until a new management plan comes into effect, ensuring uninterrupted Indigenous participation in governance.

This applies to Kakadu National Park, Uluṟu-Kata Tjuṯa National Park and Booderee National Park, which are managed jointly by the Director of National Parks and majority-Indigenous boards under lease arrangements with Traditional Owners.


Summary

The Environment Protection and Biodiversity Conservation Amendment (Board of Management Functions) Bill 2025 amends the Environment Protection and Biodiversity Conservation Act 1999 to fill governance gaps when management plans lapse. It makes three key changes:

  • Director’s reporting obligation: Amends paragraph 364(1)(b) so that if a Board’s decision after plan expiry conflicts with the most recent plan, the Director of National Parks must inform the Minister.
  • Board decision-making function: Inserts a new function after subsection 376(1)(a) allowing a Board to make management decisions consistent with the most recently expired plan during any interim period.
  • Clarification note: Adds a note at the end of subsection 376(1) reminding that under subsection 366(3) Boards must prepare new management plans with the Director.

These amendments maintain continuous decision-making by majority-Indigenous Boards at Kakadu, Uluṟu-Kata Tjuṯa and Booderee National Parks, prevent gaps between ten-year plans, and uphold both conservation and cultural objectives.


Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy
  3. Environmentalism

By extending Boards’ decision-making functions beyond plan expiry, the Bill upholds Indigenous peoples’ equal right to participate in decisions affecting their Country and prevents any period where Traditional Owners are sidelined [Judgment].

Continuous governance under the most recent plan ensures that environmental and cultural protection measures remain in force, avoiding disruptions that could harm biodiversity or sacred sites [Judgment].

The amendment also strengthens democratic institutions by preserving clear, accountable decision-making processes in jointly managed parks, fostering trust and collaboration between communities and the Director of National Parks.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Hobbesianism

Allowing Boards to operate on expired management plans risks decisions being based on outdated policies rather than current scientific data and community priorities. Management plans are reviewed every ten years to integrate new information; extending expired plans may entrench obsolete rules.

Rather than automatic extensions, emphasis should be placed on expediting the development and approval of new management plans. Relying on lapsed frameworks could distract from updating governance instruments and weaken overall accountability in reserve management.


Date:

2025-08-27

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Climate Change, Energy, the Environment and Water

Categories:

Climate Change / Environment, Indigenous, Democratic Institutions

Timeline:
27/08/2025

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