Environment Information Australia Act 2025

No. 63, 2025

An Act to establish the Head of Environment Information Australia, and for related purposes

Contents

Part 1—Preliminary 2

1 Short title 2

2 Commencement 2

3 Objects 2

4 Simplified outline of this Act 3

5 Definitions 3

6 Crown to be bound 6

7 Extension to external Territories 6

Part 2—Establishment, functions and powers 7

8 Simplified outline of this Part 7

9 Head of Environment Information Australia 7

10 Functions 7

11 Independence 8

12 State of the Environment reports 8

13 Environmental economic accounts 9

14 National environmental information assets 10

Part 3—Minister’s responsibilities in relation to Head of Environment Information Australia’s functions 12

15 Simplified outline of this Part 12

16 Response to State of the Environment reports 12

17 Minister’s responsibilities in relation to statements of environmental economic accounts 13

Part 4—Information and confidentiality 14

Division 1—Introduction 14

18 Simplified outline of this Part 14

Division 2—Information gathering 15

19 Head of Environment Information Australia may request information or documents 15

Division 3—Use and disclosure of EIA information 16

Subdivision A—Authorised use and disclosure by the Head of Environment Information Australia 16

20 Disclosure of EIA information to Commonwealth entities 16

21 Disclosure of EIA information to State or Territory government bodies 16

22 Disclosure for the purposes of law enforcement 16

23 Disclosure to reduce serious risk to human health 17

24 Disclosure to reduce serious risk to the environment 17

25 Disclosure of protected information for the purposes of the Head’s functions and powers 17

Subdivision B—Authorised use and disclosure by entrusted persons 18

26 Use and disclosure for the purposes of the Head’s functions and powers 18

27 Use and disclosure for the purposes of other Acts administered by the Minister 19

28 Use and disclosure to meet international obligations 19

29 Use and disclosure of publicly available information 19

30 Disclosure to person to whom information relates 19

31 Use and disclosure with consent 19

32 Disclosure to person who provided information 19

33 Disclosure of summaries or statistics 19

34 Disclosure to a court, tribunal etc. 20

Division 4—Use and disclosure of departmental information 21

Subdivision A—Authorised use and disclosure by the Head of Environment Information Australia 21

35 Disclosure of protected information for the purposes of the Head’s functions and powers 21

Subdivision B—Authorised use and disclosure by entrusted persons 22

36 Use and disclosure for the purposes of the Head’s functions and powers 22

Division 5—Civil penalties 23

37 Unauthorised use or disclosure of EIA information that is protected information—entrusted person 23

38 Unauthorised use or disclosure of protected information—official of certain Commonwealth entities 23

39 Unauthorised secondary use or disclosure of protected information 24

Part 5—Appointment of the Head of Environment Information Australia and assistance from staff and contractors 25

40 Simplified outline of this Part 25

41 Appointment 25

42 Staff 25

43 Contractors 25

Part 6—Miscellaneous 27

44 Simplified outline of this Part 27

45 Delegation 27

46 Annual report 27

47 Enforcement of civil penalty provisions 28

48 Liability for damages 29

49 Executive power of the Commonwealth 29

50 Review of operation of Act 29

51 Rules 30

Environment Information Australia Act 2025

No. 63, 2025

An Act to establish the Head of Environment Information Australia, and for related purposes

[Assented to 1 December 2025]

The Parliament of Australia enacts:

 1 Preliminary
1 Short title

This Act is the Environment Information Australia Act 2025.
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.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act At the same time as the National Environmental Protection Agency Act 2025 commences. However, the provisions do not commence at all if that Act does not commence. 1 July 2026

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 Objects

The objects of this Act are to:

 a

establish the Head of Environment Information Australia; and

 b

improve the availability and accessibility of high quality national environmental information and data; and

 c

improve accountability in relation to matters affecting the environment, including government policy and programs, through regular, comprehensive and transparent reporting.
4 Simplified outline of this Act

There is to be a Head of Environment Information Australia.

The Head has various functions that relate to providing access to, assessing and reporting on environmental information and data.

The Head is not subject to the direction of any person in performing certain functions.

The Head is to be an SES employee in the Department. The Head may be assisted by APS employees in the Department and contractors.

Broadly, this Act relies on the legislative power that the Commonwealth has under the Constitution with respect to:

 a

the executive power of the Commonwealth; and

 b

matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

Part 4, which deals with information and confidentiality, also relies on these powers to some extent, as well as other legislative powers including powers on which other Acts referred to in the Part rely.
5 Definitions

In this Act:

Australian jurisdiction has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

CEO has the same meaning as in the National Environmental Protection Agency Act 2025.

civil penalty provision has the meaning given by the Regulatory Powers Act.

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

departmental information means information obtained or generated under, or in accordance with:

Note: This is a reference to the CEO of the National Environmental Protection Agency.

 a

an Act (other than this Act) administered by the Minister; or

 b

an instrument made under such an Act.

EIA 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 instrument that confers functions on the Head of Environment Information Australia.

 a

this Act or an instrument made under this Act; or

 b

an Act or instrument that confers functions on the Head of Environment Information Australia.

entrusted person means:

 a

the Head of Environment Information Australia; or

 b

an APS employee in the Department; or

 c

a person engaged under the Secretary who assists the Head to perform the functions or exercise the powers of the Head; orsection 43, or a person otherwise engaged by

d

any other person performing functions or exercising powers under this Act who is prescribed by the rules.

environment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

environmental economic accounts means statistical accounts that describe the condition of the environment and its relationship with the economy.

Fundamental Principles of Official Statistics means the Fundamental Principles of Official Statistics endorsed by resolution of the General Assembly of the United Nations on 29 January 2014, as in force from time to time.

national environmental goals: see subsection 16(3).

national environmental law means:

Note: The Fundamental Principles of Official Statistics could in 2025 be viewed on the United Nations Statistics Division’s website (https://unstats.un.org/).

 a

(a) the Environment Protection and Biodiversity Conservation Act 1999; or

 b

(b) the National Environmental Protection Agency Act 2025; or

 c

an Act that is prescribed, or provisions of an Act that are prescribed, by the rules for the purposes of this paragraph; or

 d

a legislative instrument made under an Act, or under provisions of an Act, mentioned in any of paragraphs (a) to (c).

official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

personal information has the same meaning as in the Privacy Act 1988.

protected information: relevant information obtained by an entrusted person is protected information if disclosure of the information could reasonably be expected to:

 a

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

 b

prejudice the effective working of government; or

 c

prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences; or

 d

endanger a person’s life or physical safety; or

 e

prejudice the protection of public safety or the environment.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant information means:

 a

EIA information; or

 b

departmental information.

rules means rules made under section 51.

Secretary means the Secretary of the Department.

State of the Environment report: see subsection 12(1).

State or Territory government body means:

 a

a Department of State of a State or Territory; or

 b

an agency of a State or Territory; or

 c

an authority of a State or Territory.
6 Crown to be bound

This Act binds the Crown in each of its capacities.
7 Extension to external Territories

This Act extends to every external Territory.
2 Establishment, functions and powers
8 Simplified outline of this Part

This Part sets out the functions of the Head of Environment Information Australia.

The Head is responsible for providing the Minister, the CEO and the public with access to high quality information and data relating to the environment, the Minister’s functions under certain laws and the functions of the CEO.

Other key functions of the Head include:

 a

preparing and publishing reports on the state of the environment; and

 b

establishing and maintaining environmental economic accounts.
9 Head of Environment Information Australia

There is to be a Head of Environment Information Australia.
10 Functions

The Head of Environment Information Australia has the following functions:

 a

to provide the Minister with access to high quality information and data relating to:

 i

the environment; and

 ii

matters in respect of which the Minister has functions under a national environmental law;

 b

to provide the CEO with access to high quality information and data relating to:

 i

the environment; and

 ii

matters in respect of which the CEO has functions;

 c

to provide the public with access to high quality information and data relating to the environment;

 d

to prepare and publish State of the Environment reports in accordance with section 12;

 e

to establish and maintain environmental economic accounts in accordance with section 13;

 f

to declare national environmental information assets in accordance with section 14;

 g

any other functions conferred on the Head by:

 i

this Act; or

 ii

the rules; or

 iii

any other law of the Commonwealth;

 h

anything incidental or conducive to the performance of any of the functions mentioned elsewhere in this section.
11 Independence

The Head of Environment Information Australia is not subject to the direction of the Secretary or the Minister, or anyone else, in performing:

 a

the functions mentioned in the following provisions:

 i

paragraph 10(d) (prepare and publish State of the Environment reports);

 ii

paragraph 10(e) (establish and maintain environmental economic accounts); or

 b

any other function that is prescribed by the rules for the purposes of this paragraph.
12 State of the Environment reports

Head to prepare and publish reports

 1

(1) The Head of Environment Information Australia must, on or before 15 December every second year, prepare and publish a report on the environment in the Australian jurisdiction (a State of the Environment report) on a website maintained by the Department.

Preparation and content of reports

 2

A State of the Environment report must:

 a

contain information about, and analysis of trends relating to, the state of the environment; and

 b

contain information about, and analysis relating to progress towards meeting, the national environmental goals; and

 c

deal with any other matters prescribed by the rules for the purposes of this paragraph.

This subsection does not limit the content of the report.

 3

In particular, a State of the Environment report is to draw on and reflect the knowledge and insights of:

 a

persons with scientific expertise in relation to the state of the environment; and

 b

Aboriginal and Torres Strait Islander peoples, recognising the significance of Aboriginal and Torres Strait Islander peoples’ knowledge of the management of land and the conservation and sustainable use of biodiversity.

 4

The Head may, in preparing a State of the Environment report, seek assistance, input or information from such persons as the Head determines.
13 Environmental economic accounts

Environmental economic accounts

 1

The Head of Environment Information Australia:

 a

must establish and maintain environmental economic accounts; and

 b

may also choose to maintain environmental economic accounts established other than by the Head.

The Head must establish and maintain the accounts, as relevant, in accordance with the Fundamental Principles of Official Statistics.

 2

The accounts must not contain protected information.

ABS assistance

 3

The Head is to seek the assistance of the Australian Bureau of Statistics in establishing and maintaining the accounts.

Statements of environmental economic accounts

 4

The Head must, at least once every 12 months, prepare and give to the Minister a statement of one or more of the accounts.

 5

The Head may decide which account or accounts to prepare a statement of.

 6

The statement:

 a

must:

 i

summarise the account or accounts; or

 ii

for an account previously summarised in a statement—summarise the changes made to the account since it was most recently summarised; and

 b

may deal with any other matters the Head considers appropriate.

 7

The statement must not contain protected information.
14 National environmental information assets 1

This section applies if the Head of Environment Information Australia reasonably believes that data or information held by, or a data system maintained by, a Commonwealth entity, a State or Territory government body, or any other person or body, is critical to:

 a

a matter in respect of which the CEO has functions; or

 b

a matter in respect of which the Minister has functions under a national environmental law.

 2

The Head may, in writing, declare the data, information or system, or part of the system, to be a national environmental information asset.

 3

The Head must, as soon as practicable after making a declaration under subsection (2), give written notice of the declaration to the entity, person or body that holds or maintains the data, information or system.

 4

At any time while one or more declarations are in force, the Head must maintain a register of national environmental information assets.

 5

The register must be published on a website maintained by the Department.

 6

The rules may prescribe:

 a

the information that must be included in the register; and

 b

the circumstances in which the holder of a national environmental information asset may notify the Head of a proposed change to:

 i

the content of the asset; or

 ii

the availability or accessibility of the asset.

 7

The following are not legislative instruments:

 a

a declaration made under subsection (2);

 b

the register maintained under subsection (4).
3 Minister’s responsibilities in relation to Head of Environment Information Australia’s functions
15 Simplified outline of this Part

This Part sets out the Minister’s responsibilities in relation to certain functions of the Head of Environment Information Australia.

The Minister is to respond to the Head’s State of the Environment reports, including by specifying environmental goals to be achieved (the Head reports on progress towards meeting these: see Part 2). The Minister must, at least every 12 months, table any statement of environmental economic accounts prepared by the Head in each House of the Parliament.
16 Response to State of the Environment reports 1

The Minister must, no later than 6 months after the day a State of the Environment report is published under section 12, arrange for a response to the report to be tabled in each House of the Parliament.

 2

The response must specify:

 a

environmental targets to be achieved; and

 b

the period within which the targets are to be achieved.

This subsection does not limit the content of the response.

 3

(3) The national environmental goals, at a time, are the targets specified in the response most recently tabled in accordance with subsection (1).

 4

The response must deal with any other matters prescribed by the rules.
17 Minister’s responsibilities in relation to statements of environmental economic accounts

The Minister must arrange for any statement of environmental economic accounts prepared by the Head of Environment Information Australia under section 13 to be tabled in each House of the Parliament, within 15 sitting days of that House after the Minister receives the statement.
4 Information and confidentiality 1 Introduction
18 Simplified outline of this Part

Entrusted persons can use or disclose certain information in accordance with this Part.

Entrusted persons and certain other persons may be liable to a civil penalty if they use or disclose protected information other than in accordance with this Part.
2 Information gathering
19 Head of Environment Information Australia may request information or documents

The Head of Environment Information Australia may, in writing, request information, advice or documents that relate to the performance of the Head’s functions, or the exercise of the Head’s powers, from any person or body.
3 Use and disclosure of EIA information

Subdivision A—Authorised use and disclosure by the Head of Environment Information Australia
20 Disclosure of EIA information to Commonwealth entities

The Head of Environment Information Australia may disclose EIA information to a Commonwealth entity if the Head is satisfied the disclosure is for the purposes of assisting the entity to perform its functions or exercise its powers.

Note: EIA information may also be disclosed to a Commonwealth entity under other sections of this Act (for example, see sections 26 and 27).
21 Disclosure of EIA information to State or Territory government bodies

The Head of Environment Information Australia may disclose EIA information to a State or Territory government body if:

 a

the Head reasonably believes that the disclosure of the information is necessary for the purposes of:

 i

performing functions or exercising powers of the Head; or

 ii

the administration of a State or Territory law; and

 b

the State or Territory government body has undertaken not to use or further disclose the information except in accordance with an agreement that:

 i

is in force between the Commonwealth and the State or Territory; and

 ii

applies in relation to the information; and

 c

the Head is satisfied that the information will be used and further disclosed only in accordance with the agreement.
22 Disclosure for the purposes of law enforcement 1

The Head of Environment Information Australia may disclose EIA information to a body mentioned in subsection (2) if:

 a

the Head reasonably believes that the disclosure of the information is necessary for:

 i

the enforcement of the criminal law; or

 ii

the enforcement of a law imposing a pecuniary penalty; or

 iii

the protection of public revenue; and

 b

the functions of the body include that enforcement or protection.

 2

The bodies are the following:

 a

a Commonwealth entity;

 b

a State or Territory government body;

 c

the Australian Federal Police;

 d

the police force or police service of a State or Territory.
23 Disclosure to reduce serious risk to human health

The Head of Environment Information Australia may disclose EIA information if the Head reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to human health.
24 Disclosure to reduce serious risk to the environment

The Head of Environment Information Australia may disclose EIA information if the Head reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to the environment.
25 Disclosure of protected information for the purposes of the Head’s functions and powers 1

The Head of Environment Information Australia may disclose EIA information that is protected information to a person if:

 a

the disclosure is for the purposes of performing functions or exercising powers of the Head; and

 b

the Head is satisfied that:

 i

the information is not personal information; and

 ii

the disclosure of the information to the person could not reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence; and

 iii

(iii) the disclosure will be made in such a way that harm of a kind mentioned in paragraphs (b) to (e) of the definition of protected information will be appropriately mitigated, including by conditions (if any) imposed on the person’s use or disclosure of the information.

Note: Civil penalties apply if persons use or disclose information other than in accordance with conditions (see section 39).

 2

The Head may, by written notice given to a person to whom information is disclosed under subsection (1), impose any conditions on the person’s use or disclosure of the information that the Head considers appropriate.

 3

To avoid doubt, subsection (1) does not affect authorisations to disclose protected information under other provisions of this Part.

Subdivision B—Authorised use and disclosure by entrusted persons
26 Use and disclosure for the purposes of the Head’s functions and powers 1

An entrusted person may use or disclose EIA information if the use or disclosure is for the purposes of performing functions or exercising powers of the Head of Environment Information Australia.

 2

Subsection (1) does not authorise:

 a

the disclosure of protected information for the purposes of the Head’s function under paragraph 10(c) to provide the public with access to high quality information and data relating to the environment; or

 b

the publication of protected information for the purposes of the Head’s function under paragraph 10(d) to prepare and publish State of the Environment reports.
27 Use and disclosure for the purposes of other Acts administered by the Minister

An entrusted person may use or disclose EIA information if the use or disclosure is for the purposes of an Act administered by the Minister, other than this Act.
28 Use and disclosure to meet international obligations

An entrusted person may use or disclose EIA information if the use or disclosure is for the purposes of Australia meeting its international obligations.
29 Use and disclosure of publicly available information

An entrusted person may use or disclose EIA information if the information has already been lawfully made available to the public.
30 Disclosure to person to whom information relates

An entrusted person may disclose EIA information to the person to whom the information relates.
31 Use and disclosure with consent

An entrusted person may use or disclose EIA information that relates to a person if:

 a

the person has consented to the use or disclosure; and

 b

the use or disclosure is in accordance with that consent.
32 Disclosure to person who provided information

An entrusted person may disclose EIA information to the person who provided the information.
33 Disclosure of summaries or statistics

An entrusted person may disclose:

 a

summaries of EIA information; or

 b

statistics derived from EIA information;

if those summaries or statistics do not enable the identification of a person.
34 Disclosure to a court, tribunal etc. 1

An entrusted person may disclose EIA information to a court exercising federal jurisdiction.

 2

An entrusted person may disclose EIA information to:

 a

a court; or

 b

a tribunal, authority or person that has the power to require the answering of questions or the production of documents;

for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.
4 Use and disclosure of departmental information

Subdivision A—Authorised use and disclosure by the Head of Environment Information Australia
35 Disclosure of protected information for the purposes of the Head’s functions and powers 1

The Head of Environment Information Australia may disclose departmental information that is protected information to a person if:

 a

the disclosure is for the purposes of performing functions or exercising powers of the Head; and

 b

the Head is satisfied that:

 i

the information is not personal information; and

 ii

the disclosure of the information to the person could not reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence; and

 iii

(iii) the disclosure will be made in such a way that harm of a kind mentioned in paragraphs (b) to (e) of the definition of protected information will be appropriately mitigated, including by conditions (if any) imposed on the person’s use or disclosure of the information.

Note: Civil penalties apply if persons use or disclose information other than in accordance with conditions (see section 39).

 2

The Head may, by written notice given to a person to whom information is disclosed under subsection (1), impose any conditions on the person’s use or disclosure of the information that the Head considers appropriate.

 3

To avoid doubt, subsection (1) does not affect an authorisation to disclose departmental information under:

 a

any other law of the Commonwealth; or

 b

the executive power of the Commonwealth.

Subdivision B—Authorised use and disclosure by entrusted persons
36 Use and disclosure for the purposes of the Head’s functions and powers 1

An entrusted person may use or disclose departmental information if the use or disclosure is for the purposes of performing functions or exercising powers of the Head of Environment Information Australia.

 2

Subsection (1) does not authorise:

 a

the disclosure of protected information for the purposes of the Head’s function under paragraph 10(c) to provide the public with access to high quality information and data relating to the environment; or

 b

the publication of protected information for the purposes of the Head’s function under paragraph 10(d) to prepare and publish State of the Environment reports.

 3

To avoid doubt, subsection (1) does not affect an authorisation to use or disclose departmental information under:

 a

any other law of the Commonwealth; or

 b

the executive power of the Commonwealth.
5 Civil penalties
37 Unauthorised use or disclosure of EIA information that is protected information—entrusted person

Unauthorised use or disclosure

 1

A person is liable to a civil penalty if:

 a

the person is, or has been, an entrusted person; and

 b

the person has obtained EIA information in the person’s capacity as an entrusted person; and

 c

the information is protected information; and

 d

the person uses or discloses the information.

Civil penalty: 200 penalty units.

Exceptions

 2

Subsection (1) does not apply if the use or disclosure is authorised or required by:

 a

this Act; or

 b

any other law of the Commonwealth; or

 c

a prescribed law of a State or a Territory.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).
38 Unauthorised use or disclosure of protected information—official of certain Commonwealth entities

A person is liable to a civil penalty if:

 a

the person is, or has been, an official, other than an entrusted person, of a Commonwealth entity that is not the National Environmental Protection Agency; and

 b

the person has obtained relevant information in the person’s capacity as an official of the entity; and

 c

the information is protected information that was disclosed to the entity under any of the following provisions:

 i

section 20 (disclosure of EIA information to Commonwealth entities);

 ii

subsection 26(1) (disclosure of EIA information for the Head’s functions and powers);

 iii

subsection 36(1) (disclosure of departmental information for the Head’s functions and powers); and

 d

the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.

Civil penalty: 200 penalty units.
39 Unauthorised secondary use or disclosure of protected information

A person is liable to a civil penalty if:

 a

the Head of Environment Information Australia:

 i

discloses protected information to the person under subsection 25(1) or 35(1); and

 ii

imposes a condition on the person’s use or disclosure of the information under subsection 25(2) or 35(2), as applicable; and

 b

the person uses or discloses the information, other than in accordance with the condition.

Civil penalty: 200 penalty units.
5 Appointment of the Head of Environment Information Australia and assistance from staff and contractors
40 Simplified outline of this Part

This Part provides for the engagement of the Head of Environment Information Australia as an SES employee in the Department. APS employees in the Department and contractors may assist the Head in relation to the Head’s functions and powers.
41 Appointment 1

(1) The Head of Environment Information Australia is to be engaged under the Public Service Act 1999.

 2

The Head is to be an SES employee in the Department.

Note: The expression SES employee is defined in section 2B of the Acts Interpretation Act 1901.
42 Staff 1

The staff assisting the Head of Environment Information Australia are to be APS employees in the Department whose services are made available to the Head, by the Secretary, in connection with the performance of any of the functions or the exercise of any of the powers of the Head.

 2

When performing services for the Head, the staff are subject to the Head’s directions.
43 Contractors

The Secretary may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Head of Environment Information Australia to perform the functions or exercise the powers of the Head.
6 Miscellaneous
44 Simplified outline of this Part

This Part deals with miscellaneous matters, such as delegations and rules.
45 Delegation 1

The Head of Environment Information Australia may, in writing, delegate all or any of the Head’s functions or powers to:

 a

an SES employee, or acting SES employee, in the Department; or

 b

an APS employee who holds, or is acting in, an Executive Level 2 (or equivalent) position in the Department.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

 2

Before delegating a function or power to an APS employee mentioned in paragraph (1)(b), the Head must consider whether the APS employee has appropriate expertise to perform the function or exercise the power.

 3

In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Head.
46 Annual report 1

(1) After the end of each reporting period (within the meaning of the Public Governance, Performance and Accountability Act 2013) for the Department, the Head of Environment Information Australia must prepare and give an annual report to the Minister, for presentation to the Parliament, on the Head’s activities during the period.

Note: See also Acts Interpretation Act 1901 for provisions relevant to this report.section 34C of the

2

(2) If a report on the Head’s activities during a reporting period is included in the report prepared by the Secretary and given to the Minister under Public Governance, Performance and Accountability Act 2013 in relation to the period, the Head is taken to have complied with subsection (1) of this section in relation to the period.section 46 of the

47 Enforcement of civil penalty provisions

Enforcement of civil penalty provisions

 1

Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

 2

For the purposes of Part 4 of the Regulatory Powers Act, the Head of Environment Information Australia is an authorised applicant in relation to the civil penalty provisions of this Act.

Relevant court

 3

For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:

 a

the Federal Court of Australia;

 b

the Federal Circuit and Family Court of Australia (Division 2);

 c

a court of a State or Territory that has jurisdiction in relation to the matter.

Extension to external Territories

 4

Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.
48 Liability for damages

None of the following:

 a

the Head of Environment Information Australia;

 b

the staff assisting the Head referred to in subsection 42(1);

 c

persons engaged by the Secretary under section 43;

is liable to an action or other proceeding for damages for, or in relation to, an act or matter in good faith done or omitted to be done:

 d

in the performance or purported performance of any function; or

 e

in the exercise or purported exercise of any power;

conferred by this Act.
49 Executive power of the Commonwealth

This Act does not, by implication, limit the executive power of the Commonwealth.
50 Review of operation of Act

Requirement to conduct reviews

 1

The Minister must cause independent reviews of the operation of this Act to be conducted in accordance with this section.

Matters review must consider

 2

Without limiting subsection (1), a review must consider whether, and to what extent, this Act has:

 a

improved the availability and accessibility of high quality national environmental information and data; and

 b

improved accountability for matters that affect the environment through regular, comprehensive and transparent reporting.

Frequency of reviews

 3

The first review must be completed within 5 years after the commencement of this section.

 4

Each subsequent review must be completed within 5 years after the completion of the previous review.

 5

For the purposes of subsections (3) and (4), a review is completed on the day after the day the report of the review is given to the Minister.

Report of review

 6

The person who, or body that, conducts a review must give the Minister a written report of the review.

 7

The Minister must arrange for a copy of the report to be tabled in each House of the Parliament, within 15 sitting days of that House after the Minister receives the report.

Response to review

 8

The Minister must arrange for a response to the review to be:

 a

tabled in each House of the Parliament, within 6 months of the day a copy of the report of the review is tabled in that House; and

 b

published on a website maintained by the Department, as soon as practicable after a copy of the report is first tabled in a House of the Parliament.
51 Rules 1

The Minister may, by legislative instrument, make rules prescribing matters:

 a

required or permitted by this Act to be prescribed by the rules; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to 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;

 c

impose a tax;

 d

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

 e

directly amend the text of this Act.

[Minister’s second reading speech made in—

House of Representatives on 30 October 2025

Senate on 24 November 2025]

(93/25)