Rushed scrutiny of a large reform package
Some MPs said Parliament was being asked to debate about 1,500 pages of environment legislation too quickly, while a Senate inquiry was still underway.
This bill became law on Dec 1st, 2025.
Climate, energy & environment
The Act lets regulationsDetailed legal rules made under an Act. In this Act, regulations can set the activities, amounts, calculation methods and exemptions for charges. impose customs-duty charges for prescribed matters connected with administering the Environment Protection and Biodiversity Conservation Act 1999The Environment Protection and Biodiversity Conservation Act 1999, Australia's main national environment law..
The bill was introduced to make cost recoveryA charging approach where government charges are designed to recover the cost of providing or regulating an activity, rather than to raise extra revenue. work inside the wider EPBC reform package. The government wanted regulationsDetailed legal rules made under an Act. In this Act, regulations can set the activities, amounts, calculation methods and exemptions for charges. to be able to impose charges for EPBC regulatory activities, while keeping those charges to no more than likely Commonwealth costs. This separate customs bill was needed because the Constitution requires customs duties, excise duties and other taxes to be imposed in separate laws.
This customs charging law sits inside the larger 2025 rewrite of national environment laws. The broader reform followed the Samuel review of the EPBC ActThe Environment Protection and Biodiversity Conservation Act 1999, Australia's main national environment law., a delayed first-term reform process, pressure to move faster after the 2025 Economic Reform Roundtable, and late negotiations over whether Labor would pass the package with the Coalition or the Greens. The charging Act supplies a narrow cost-recovery mechanism for that larger regulatory system rather than changing environmental approval tests by itself.
Most criticism of this bill came through debate on the wider EPBC reform package rather than on the customs charging mechanism alone. Opponents and conditional supporters raised concerns about rushed scrutiny, extra regulatory burden, ministerial discretion, project approval rules and the lack of stronger climate protections. The narrow charging bill itself drew less standalone criticism because it mainly creates a regulation-making framework for cost-recovery charges.
Tony Burke MP introduced this bill. In the recorded House second-reading vote, support came from Labor, Centre Alliance, some crossbench members; opposition came from Liberal Party, Nationals, Greens, some crossbench members.
Did it become law?
Yes
Became law 01 Dec 2025
Final passage
No counted final vote
1 recorded vote on the bill was found earlier in passage, but the final chamber agreement was not a counted division.
Passage speed
32 days
From introduction to the latest recorded parliamentary step
Meaning
The Act lets regulationsDetailed legal rules made under an Act. In this Act, regulations can set the activities, amounts, calculation methods and exemptions for charges. impose customs-duty charges for prescribed matters connected with administering the Environment Protection and Biodiversity Conservation Act 1999The Environment Protection and Biodiversity Conservation Act 1999, Australia's main national environment law..
It is one of three linked charging laws. Separate general, customs and excise laws were used because section 55 of the ConstitutionA constitutional rule requiring laws imposing customs duties, excise duties and other taxes to be dealt with separately. requires different kinds of taxation to be dealt with separately.
The Act does not set the activities or dollar amounts. Those details can be set later by regulationsDetailed legal rules made under an Act. In this Act, regulations can set the activities, amounts, calculation methods and exemptions for charges., either as a fixed amount or by a calculation method.
Before a charge is prescribed, the Minister must be satisfied it is designed to recover no more than the Commonwealth is likely to spend on the relevant matter.
Regulations can also create exemptions from a customs charge, and the related Environment Protection Reform Bill 2025 supplies the authority to collect and recover charges under the EPBC ActThe Environment Protection and Biodiversity Conservation Act 1999, Australia's main national environment law..
The regulations may prescribe a charge in relation to a prescribed matter connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999 or regulations made under that Act.Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025 final Act text
Three separate Charging Bills are required because section 55 of the Constitution requires that matters of excise, customs and other taxation that is neither excise nor customs are to be dealt with in separate Acts.Environment Protection and Biodiversity Conservation (Customs Charges Imposition) explanatory memorandum
The regulations may prescribe a charge under subsection 7(1): (a) by specifying an amount as the charge; or (b) by specifying a method for calculating the amount of the charge.Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025 final Act text
Before the Governor-General makes a regulation under subsection 7(1) prescribing a charge in relation to a matter, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the matter.Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Act 2025 final Act text
Authority to collect and recover charges imposed under the Charging Bills will be provided by proposed amendments to the EPBC Act in the Environment Protection Reform Bill 2025.Environment Protection and Biodiversity Conservation (Customs Charges Imposition) explanatory memorandum
Context
This customs charging law sits inside the larger 2025 rewrite of national environment laws. The broader reform followed the Samuel review of the EPBC ActThe Environment Protection and Biodiversity Conservation Act 1999, Australia's main national environment law., a delayed first-term reform process, pressure to move faster after the 2025 Economic Reform Roundtable, and late negotiations over whether Labor would pass the package with the Coalition or the Greens. The charging Act supplies a narrow cost-recovery mechanism for that larger regulatory system rather than changing environmental approval tests by itself.
Samuel review gives government a reform blueprint
Graeme Samuel completed an independent review of the EPBC ActThe Environment Protection and Biodiversity Conservation Act 1999, Australia's main national environment law., later described as aimed at both stronger environmental protection and more efficient regulation.
Australian Financial Review ↗Government launches EPA plan but delays the full overhaul
The government announced a proposed environmental watchdog while delaying the wider EPBC ActThe Environment Protection and Biodiversity Conservation Act 1999, Australia's main national environment law. overhaul, pleasing some mining interests and angering green groups.
Australian Financial Review ↗Environment law overhaul is brought forward
After the Economic Reform Roundtable, the government decided to bring legislation forward in an effort to land the reforms before Christmas.
Australian Financial Review ↗Charging bills introduced with the EPBC reform package
The customs charging bill was introduced alongside the broader reform package and other charging bills for general and excise charges.
Parliament of Australia ↗Late negotiations focus on Coalition demands
Reporting before the final sitting week said the government was preparing changes to National Environment Protection Agency powers while the opposition sought seven changes, including on climate reporting and decision-making powers.
Australian Financial Review ↗EPBC reform package passes with Greens support
The bill passed both houses on the final sitting day after Labor struck a deal with the Greens, leaving this customs charging law to proceed as part of the package.
Australian Financial Review ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The Senate referred the bill to the Environment and Communications Legislation Committee as part of the wider EPBC reform inquiry, with a committee report due on 2 April 2026.
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The APH notes record that the Scrutiny of Bills committee considered the bill in Scrutiny Digest 7 of 2025.
Considered in published report
APH bill page notesThe bill reached this recorded parliamentary step.
Recorded vote: 87 to 37.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The Senate considered the bill in detail before the final vote.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final formal approval that turns a bill passed by Parliament into an Act., turning the bill into an Act.
Key criticism
Most criticism of this bill came through debate on the wider EPBC reform package rather than on the customs charging mechanism alone. Opponents and conditional supporters raised concerns about rushed scrutiny, extra regulatory burden, ministerial discretion, project approval rules and the lack of stronger climate protections. The narrow charging bill itself drew less standalone criticism because it mainly creates a regulation-making framework for cost-recovery charges.
The main dispute was about the broader environment-law package. The collected sources do not show proposed amendments to this customs charging bill itself.
Rushed scrutiny of a large reform package
Some MPs said Parliament was being asked to debate about 1,500 pages of environment legislation too quickly, while a Senate inquiry was still underway.
Concern about green tape and project delays
Coalition and regional MPs argued that the package could add regulatory burden, uncertainty and legal risk for farmers, resource projects and regional communities instead of improving approvals.
Concern that nature and climate protections were still too weak
Greens and some crossbench MPs argued the package did not go far enough on climate, logging, deforestation or ministerial discretion, even where they supported parts of the reform.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 87 to 37. Support came from Labor and Centre Alliance. Opposition came from Liberal Party, Nationals, and Greens. Minor-party and independent votes were split.
These are votes on the bill itself rather than amendment votes.
Parliamentary debate
Start here — lead voices
Mr Tony Burke supports the bill, arguing that the Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025 would provide a framework to impose charges in relation to prescribed matters connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999The Environment Protection and Biodiversity Conservation Act 1999, Australia's main national environment law..
Read in Hansard ↗Jonathon Duniam supports the bill, arguing that i see some of the detail that was talked about in a press conference that was held just over an hour ago, I understand, by the Prime Minister, the Minister for the Environment and Water, and the Manager of Government Business in the Senate, Senator Gallagher.
Read in Hansard ↗Kate Chaney speaks to the bill, focusing on despite the importance and complexity of this issue, the government dropped 1,500 pages of legislation on us on Thursday for debate this week.
Read in Hansard ↗To support the shift in the offsets framework and deliver time savings for proponents, a new restoration contribution framework will be introduced.
Read in Hansard ↗All speeches by bloc
25 speakers · 5 support · 2 mixed · 18 unclear
“To support the shift in the offsets framework and deliver time savings for proponents, a new restoration contribution framework will be introduced.”Read the full speech in Hansard ↗
“The current EPBC laws date back to the Howard era in 1999, more than a quarter of a century ago. We all know these laws are simply not fit for purpose.”Read the full speech in Hansard ↗
“I rise in strong support of the Environment Protection Reform Bill 2025 and the six associated bills. This is a once-in-a-generation opportunity to fix laws that are failing the environment, our economy and our communities.”Read the full speech in Hansard ↗
“While this bill, the Environment Protection Reform Bill 2025, very clearly demonstrates that the Labor government understands the need to protect our environment and pass these laws, I'm yet to be convinced that those opposite understand it.”Read the full speech in Hansard ↗
“This is a Labor government acting with purpose. We're delivering stronger safeguards for nature, we're delivering faster and fairer decisions for communities, and we're delivering the accountability and transparency that rebuild trust.”Read the full speech in Hansard ↗
“What this means on the ground is that we can get to work on protecting, conserving and restoring important environmental areas and species.”Read the full speech in Hansard ↗
“I'm so pleased that we've introduced this EPBC bill. This is really important legislation.”Read the full speech in Hansard ↗
“A bit further afield, the Archerfield Wetlands encompass 150 hectares of eucalypt forest, open grassland, fresh water, wetlands and creeks.”Read the full speech in Hansard ↗
“It is disappointing that we were unable to garner the support of the coalition, but the coalition, honestly, have departed the field on so many fronts.”Read the full speech in Hansard ↗
“The bigger picture is the environment, and I rise today to speak strongly in support of this historic reform to Australia's environmental laws.”Read the full speech in Hansard ↗
“That's precisely what this legislation does, and Professor Graeme Samuel has been very clear about his support for this legislation.”Read the full speech in Hansard ↗
“Since Gough Whitlam—and for every Labor prime minister since—protecting the environment has been core to Labor's promise, and we owe gratitude to these former leaders for their foresight and courage.”Read the full speech in Hansard ↗
“Obviously, we will engage in good faith with the coalition and the Greens to try and ensure that there is a strong set of bills that pass through the parliament, but I am not hopeful, given the state of the Liberal Party and the Nationals coalition today, where lots of clandestine meetings are happening at restaurants in Kingston as opposed to actually coming together and forming some sort of coherent policy on this bill.”Read the full speech in Hansard ↗
“Healthy ecosystems support our economy, our communities and our way of life. They filter our air and water and protect our coastlines from erosion.”Read the full speech in Hansard ↗
“Our environment is under pressure. Our laws to protect it are broken, and for too long those laws have not kept pace with the challenges we face.”Read the full speech in Hansard ↗
“The EPA will also play a proactive role in helping businesses and the community understand their obligations. It will provide education and guidance, ensuring that compliance is achieved through support as well as enforcement.”Read the full speech in Hansard ↗
“I rise today to support the Environment Protection Reform Bill 2025 and cognate bills. I rise to defend nature and I rise to stand up for the engines of our nation's prosperity.”Read the full speech in Hansard ↗
“One of the projects we've done in Macquarie is a million-dollar grant for the Hawkesbury Environment Network and incredible platypus work by Western Sydney University researcher Dr Michelle Ryan and her colleagues.”Read the full speech in Hansard ↗
“I rise today as the federal member for Newcastle, a city deeply proud of its historical heart which sits alongside our world-class beaches and our internationally recognised wetlands, to speak in very strong support of this Environment Protection Reform Bill 2025.”Read the full speech in Hansard ↗
“My name is Matt Smith, and I'm of the Far North. The member for Kennedy is correct.”Read the full speech in Hansard ↗
“We desperately need these environmental law reforms, and I thank the Minister for the Environment and Water for his engagement with me and so many stakeholders.”Read the full speech in Hansard ↗
“Saving this land is the only reason we have a unique urban platypus population. That is why the Albanese Labor government has committed $1.”Read the full speech in Hansard ↗
“This bill, the Environment Protection Reform Bill 2025, responds to Professor Graeme Samuel's independent review of the EPBC Act.”Read the full speech in Hansard ↗
“The Albanese government is once again delivering on our commitments to the Australian people. By the end of this week, landmark environmental reforms will pass the parliament.”Read the full speech in Hansard ↗
“The Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025 would provide a framework to impose charges in relation to prescribed matters connected with the administration of the Environment Protection and Biodiversity Conservation Act 1999.”Read the full speech in Hansard ↗
17 speakers · 18 contributions · 1 support · 1 mixed · 15 unclear
“This balance is what the Environment Protection Reform Bill 2025 should be about, but unfortunately it's not, and it gets the balance wrong.”Read the full speech in Hansard ↗
“I see some of the detail that was talked about in a press conference that was held just over an hour ago, I understand, by the Prime Minister, the Minister for the Environment and Water, and the Manager of Government Business in the Senate, Senator Gallagher.”Read the full speech in Hansard ↗
“Australians simply want to make sure we have stewardship of our natural environment. They want a sense of protection and balance to conserve the environment for future generations while building the jobs and economic opportunity for Australians to be able to go on and live successful lives.”Read the full speech in Hansard ↗
“In fact, just earlier this morning, upstairs in a committee room not far from here, we were discussing the Smokebush Gallium Project in Western Australia, which the Albanese government have been keen to trumpet as a great success story.”Read the full speech in Hansard ↗
“But I also see the farms, the stations and the mines, which are the heartbeat of the Australian economy—the producers, the pastoralists and the workers who get up before dawn to grow our food and export our resources and who help to keep our lights on.”Read the full speech in Hansard ↗
“I know little about lots, but I know lots about politics, and I sense in the public a dynamic pushback against this. I see it even in issues which identify a catalyst of where issues are.”Read the full speech in Hansard ↗
“It's a pleasure to rise to speak on this bill. I want to reflect—next week is the 50th anniversary of the dismissal of the Whitlam government and the subsequent election of the Fraser Liberal government.”Read the full speech in Hansard ↗
“In the electorate of Cook, we know this better than most. From the seagrass beds of Botany Bay to the dunes of Cronulla, our community treasures its coastland and its bushland.”Read the full speech in Hansard ↗
“I'm going to talk to you at length in the next 15 minutes about all the many reasons why I weep. I weep today for what this government, this very bad Labor government, is doing to Australians' rights to be heard.”Read the full speech in Hansard ↗
“We all know Labor can't reach their 2030, 2035 or 2050 emissions reduction targets—it's fantasy. Labor are throwing regional Australia under the bus so the Prime Minister and the climate change minister can strut at an international climate conference.”Read the full speech in Hansard ↗
“The coalition cannot and will not support these reforms in their current form because, instead of protecting the environment, they threaten to choke our economy.”Read the full speech in Hansard ↗
“We've all attended those functions in our electorates, often on Australia Day—one of our most important national days—where we've gathered together and sung 'I am Australian', that 1987 Bruce Woodley from The Seekers and Dobe Newton from the Bushwackers hit which unites us all and makes us feel really patriotic.”Read the full speech in Hansard ↗
“The minister is looking to do a deal with either the coalition or the Greens in relation to these bills by calling back the bills from the Senate inquiry process to pass the legislation by the end of this year.”Read the full speech in Hansard ↗
“Meanwhile, projects that have less community support but are more politically popular may receive prioritised treatment.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Leon Rebello on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Leon Rebello speaks to the bill, focusing on the second major concern is the sheer scale of penalties that are buried in this legislation. The speech also says that the coalition believes stop-work powers must be time limited, appealable and transparent.
“The second major concern is the sheer scale of penalties that are buried in this legislation. We're talking about fines reaching hundreds of millions of dollars—in some cases up to $825 million—for breaches that might include administrative oversights.”Read this contribution in Hansard ↗
Second reading speech
Leon Rebello speaks to the bill, focusing on let me be clear: we all want strong environmental protection. The speech also says that i rise today on behalf of the people of McPherson—from Clear Island Waters at the top to Coolangatta, and from Burleigh Heads across to Tallebudgera and Currumbin—to speak against Labor's deeply flawed environmental protection and biodiversity conservation reforms in the Environment Protection Reform Bill 2025 and related bills.
“Let me be clear: we all want strong environmental protection. We live it every day on the Gold Coast—in our beaches, our hinterland and our estuaries.”Read this contribution in Hansard ↗
“These are very important bills—they will have an important impact, eventually, on all Australians—and they require thorough examination.”Read the full speech in Hansard ↗
“I realise that I've only got a minute to discuss this very important bill that is before this place, the Environment Protection Reform Bill 2025.”Read the full speech in Hansard ↗
4 speakers · 4 unclear
“I rise today as a very proud environmental lawyer, having seen environmental laws for the last 25 years, written by John Howard, when he was Prime Minister, fail to deliver for nature and having seen all of the parameters of nature that we care about go backwards.”Read the full speech in Hansard ↗
“I rise today to speak on this very important piece of legislation, the Environment Protection Reform Bill 2025, and related bills.”Read the full speech in Hansard ↗
“BHP 'welcome the strong signals from the Australian government'. The Association of Mining and Exploration Companies welcome the bill and commend the minister.”Read the full speech in Hansard ↗
“I rise in support of the Environment Protection Reform Bill 2025 and related bills. They are stronger than what Labor first put on the table, stronger because the Greens, backed by communities right across this country, who've been working for decades, joined and led this campaign.”Read the full speech in Hansard ↗
6 speakers · 3 mixed · 3 unclear
“Despite the importance and complexity of this issue, the government dropped 1,500 pages of legislation on us on Thursday for debate this week.”Read the full speech in Hansard ↗
“Since my election in 2022, I have called for a stronger EPBC Act, which will finally fix our broken environmental laws. However, these reforms were overdue three years ago; they were overdue two years ago.”Read the full speech in Hansard ↗
“I rise to speak on the Environment Protection Reform Bill 2025. There is broad agreement that the Environment Protection and Biodiversity Conservation Act, or EPBC Act, has utterly failed to protect our environment for the past 25 years.”Read the full speech in Hansard ↗
“The objective of the national EPA is to deliver focused and transparent environmental regulatory decision-making. To achieve this, the agency must be free from influence and equipped with strong regulatory powers to enforce laws.”Read the full speech in Hansard ↗
“I support the intention of strengthening our nature laws. The government has made a good start, but, given the size of the crisis at hand and the responsibilities given to me by the people of Bradfield, I won't be supporting the amendments to our nature laws as proposed.”Read the full speech in Hansard ↗
“There's the other issue of authoritarian rule, the Mandarin class: 'We are the rulers, and we know what is best for you.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Recorded vote: 87 to 37.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The Senate considered the bill in detail before the final vote.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final formal approval that turns a bill passed by Parliament into an Act., turning the bill into an Act.
Environment and Communications Legislation Committee
Referred to committee
The Senate referred the bill to the Environment and Communications Legislation Committee as part of the wider EPBC reform inquiry, with a committee report due on 2 April 2026.
Referred to Committee (30 Oct 2025): Environment and Communications Legislation Committee; Committee report (2 Apr 2026)
APH bill page notesSenate Standing Committee for the Scrutiny of Bills
Considered in published report
The APH notes record that the Scrutiny of Bills committee considered the bill in Scrutiny Digest 7 of 2025.
Considered by scrutiny committee (5 Nov 2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 7 of 2025
APH bill page notes