The National Environmental Protection Agency Bill 2025 establishes a new, independent Commonwealth regulator—the National Environmental Protection Agency (NEPA)—to bring together the regulation and enforcement of key national environmental laws under one modern agency with stronger powers, higher penalties, and clearer transparency and accountability requirements.
It also sets up the office of a Chief Executive Officer with fixed-term appointment, mandates public registers and annual reporting, and provides for statements of expectations and independent five-year reviews to ensure the NEPA operates effectively and transparently.
Part 1 of the Bill sets out its short title, commencement on 1 July 2026, and object—to establish the NEPA to deliver accountable, efficient, outcomes-focussed and transparent environmental regulatory decision-making.
Part 2 establishes NEPA as a non-corporate Commonwealth entity under the Public Governance, Performance and Accountability Act 2013. It creates the role of Chief Executive Officer (CEO), appointed by the Governor-General for up to two five-year terms, and confers on the CEO all regulatory functions currently spread across:
The Bill gives the CEO discretion to undertake education, compliance and enforcement activities; issue permits and licences; monitor and audit accreditations, bilateral agreements and bioregional plans; and delegate assessments and decisions. Part 3 requires the Minister to issue a non‐binding Statement of Expectations, to which the CEO must respond with a public Statement of Intent, and mandates online registers of CE O decisions.
Part 4 regulates the gathering, use and disclosure of “relevant” and “protected” information by the CEO and entrusted persons, authorises sharing with other agencies or to manage serious health or environmental risks, and creates civil penalties (up to 200 penalty units) for unauthorised disclosures. Part 5 details CEO appointment, terms, remuneration, grounds for removal, staffing under the Public Service Act and the establishment of an expert advisory group. Part 6 provides for delegations, annual reporting, statutory five-year reviews, civil-penalty enforcement via the Regulatory Powers Act, and a rule-making power to prescribe administrative details.
Australia’s environment faces mounting pressures from extinction of native species, coral reef bleaching and land degradation. A single, independent regulator with consolidated expertise and strong enforcement powers is essential to reverse these trends. By unifying over a dozen Commonwealth environmental laws under the NEPA, the Bill ensures coherent, science-driven decision-making and swift action against breaches [Judgment].
Stronger enforcement and accountability: NEPA gains new powers—environment protection orders, higher penalties, audit powers—to hold proponents to account. Mandatory public registers, annual reports and five-year independent reviews will build public trust and enable scrutiny of decisions.
Evidence-based policy: The CEO may establish an advisory group of scientific, Indigenous and technical experts. This embeds high-quality advice into every approval and compliance action, aligning with community expectations for rigorous environmental stewardship.
Transparent, independent leadership: Fixed-term appointment of the CEO, prohibition on ministerial direction in individual cases, and public Statements of Expectations and Intent strike the right balance between political oversight and regulator independence, fostering both democratic accountability and operational integrity.
Duplication and federal overreach: States and territories already operate environment protection agencies. Centralising all functions in Canberra risks duplicating processes, undermining local expertise, and creating inter-jurisdictional confusion [Judgment]. Under Australia’s federal structure, the Commonwealth should confine itself to matters of national concern, not subsume state regulation wholesale.
Cost and administrative bloat: The Bill commits over $120 million across four years. There is no clear evidence that existing arrangements systematically fail at a level justifying this investment. Layering a new regulator atop existing agencies may increase red tape for businesses without commensurate environmental gains.
Uncertain effectiveness: Stronger powers and penalties do not guarantee better compliance. Without robust performance metrics and proven models, NEPA risks becoming another under-resourced bureaucracy. The Bill’s reliance on rules to prescribe key details also delegates too much to un-scrutinised instruments rather than Parliament [Judgment].
2025-10-30
Passed Both Houses
Unspecified
Climate Change, Energy, the Environment and Water
Climate Change / Environment, Democratic Institutions