Register of Environmental Organisations

Frequently Asked Questions

New applicants

How do I apply?
  • You need to submit a completed application package which includes:

-Application Form

-a copy of your organisation’s certificate of incorporation (if applicable)

-a copy of the constitutional documents (e.g. constitution, rules, memorandum and articles of association, deed of trust orsettlement)

-Public Fund Management Committee Member Nomination Form

-a brief (½ page) description of your organisation and its activities that will be included in a brief to the Minister for theEnvironment seeking his approval of your entry.

  • Additional items that can assist assessment include:

-the most recent annual report

-the most recent audited financial statement

-the most recent publications (eg newsletter).

  • The submission of a completed application does not guarantee entry onto the Register.
  • The Department recommends organisations seek independent advice on whether they meet the requirements of the Income Tax Assessment Act 1997and the Register’s Guidelines before submitting an application.
  • All relevant information can be found in the Register's Guidelines.
Does the Department require originals or certified copies of documents?
  • Please do not send your original documents as the Department retains the documents that are submitted and they will not be returned to you.
  • The Department does not require certified copiesof original documents. However, if any fraudulent documents are discovered, action may be taken which can result in criminal penalties.
Where do I send the application?

Email:

Mail:

The Administrator
Register of Environmental Organisations
Department of the Environment
GPO Box 787
Canberra ACT 2601

What are the requirements for entry onto the Register?
  • In order for an organisation to be entered onto the Register, the organisation must meet all the requirements of subdivision 30-E of the Income Tax Assessment Act 1997.
  • The Act also requires that the Minister and Assistant Treasurerconsider the policies and budgetary priorities of the Australian Government when making any decision.
  • All relevant information can be found in the Register's Guidelinesand Income Tax Assessment Act 1997.
Can you tell me if my organisation is eligible for entry onto the Register?
  • The Department may comment on technical errors or omissions of draft constitutions, but not provide advice on an organisation’s activities or principal purpose.
  • You should seek yourown expert advice on whether your constituting documents meet the requirements of the Income Tax Assessment Act 1997and the Register's Guidelinesbefore submitting your application.
Do I have to apply separately to be on the Register if I am registered with the Australian Not-for-Profit and Charities Commission?
  • Yes—Deductible Gift Recipient status through the Register is separate from an organisation’s status as a ‘charity’ and eligibility for income-tax and other exemptions.
  • These exemptions are administered by the Australian Charities and Not for Profits Commission and the Australian Taxation Office. Further information is available from the Australian Charities and Not for Profits Commission, phone 132262.
What are the membership requirements?
  • Organisations must have either:

-membership consisting principally of bodies corporate; or

-at least 50 financial members who are individuals and eligible to vote at meetings.

  • You can seek an exemption from this requirement; however, exemptions from the minimum membership requirement are rare, with only one granted in the last decade.
What do I do if I want to seek an exemption from the membership requirements?
  • If you wish to seek an exemption, we suggest you discuss this with the Register’s team by emailing or by phoning 0262741467.
  • Include with your application a clear statement that you are seeking such an exemption and provide the reasons you are doing so.
  • The Minister willconsider the circumstances detailed in your statement and decide if you may be exempt fromthe minimum membership requirements.
How long does an application take to be assessed?
  • Decisions regarding the Register are open-ended; without opening and closing dates.
  • Applications are considered by two departments and two Ministers.
  • The final decision is made by the Minister for the Environment and the Assistant Treasurer, and can take over 12 months from the time a completed application is received. The time taken varies according to a number of factors, including the complexity of the applicant organisation’s structure.
Who makes the decision on whether an organisation is entered onto the Register?
  • The Department undertakes an initial assessment before the Minister for the Environment and Assistant Treasurer make the final decision.
Can the Department review my draft constitution/trust deed?
  • Yes—However, assessment of completed applications is given priority.
  • We are unable to provide timeframes on when a response will be provided.
  • Alternatively, you may wish to submit a completed and signed application package with ratified / executed founding documents and all supporting documentation provided.
  • Please note that:

-The Department is limited in the assistance it can provide to applicants.

-Any information provided by the Department is not legal advice or an indication that a future application will or will not be successful.

-The Department may comment on technical errors or omissions of draft constitutions, but cannot provide advice on an organisation’s activities or principal purpose.

-You should seek yourown expert advice on whether your constituting documents meet the requirements of the Income Tax Assessment Act 1997and the Register's Guidelinesprior to submitting an application to the Register.

Organisations on the Register—Statistical returns

Where can I get a copy of the statistical return form?
  • The statistical return form is available on the Department of the Environment’s website.
  • A hard copy of the statistical return form can be sent to you by post if you email a request including your full name and address to or by phoning 0262741467.
Can I submit the form by email?
  • Yes, organisations are encouraged to email completed returns to .
Do I have to submit the statistical return form?
  • Yes, this is a requirement of section 30–270(4) of theIncome Tax Assessment Act 1997and Ministerial Rules. This requirement may also be reflected in your organisation’s constituting documents.
Will the Department email me to inform me when I have to submit the return?
  • It is the organisation’s responsibility to ensure they are submitting the statistical return on time every year.
  • The Department endeavours to remind all organisations on the Register either by email or letter.
  • Unfortunately, changes to email and postal addresses mean that these reminders are not always received. Please remember to inform the Department of any changes to your contact details.

When do I have to submit the statistical return to the Department?

  • If your organisation operates with a financial year from 1 July 2013 to 30 June, please submit your completed statistical return form by 31 October.
  • If your organisation operates with a different financial year, please provide the information requested for your most recent complete financial year within a reasonable time following the end of your financial year.

I have submitted a return to the Australian Charities and NotforProfit Commission, do I have to submit a return to the Department?

  • Unfortunately, Australian Charities and Not for Profit Commissionreporting does not replace the annual statistical return for the Register.
  • This is not ideal, and the Department is looking at ways to address this as part of the Government’s commitment to reducing red-tape.
  • The Department revised the Statistical Return form for 2013 with a view to reducing the burden on organisations reporting to the Department.

Do I need to submit an audited financial statement?

  • No—The Department revised the Statistical Return form for 2013 to reduce the reporting burden on organisations.
  • These changes mean that an audited financial statement only needs to be submitted ifrequested by the Department as part of its compliance programme.

Organisations on the Register—general

What do I need to put on an invoice?

  • Questions about requirements for tax invoices are best handled by the Australian Taxation Office.
  • You can contact the Australian Taxation Office’s non-profit call centre for assistance on 1300 130 248.

How do I change details on the Register?

  • You need to advise the Department by email to at the organisation and/or public fund is changing its name
  • You need to provide the following to the Department:

-a copy of the organisation’s amended constitutional documents (e.g. constitution, rules, memorandum and articles of association, deed of trust orsettlement)

-evidence that the amended constitutional documents has been ratified by the organisation (for example, minutes from the general meeting where your organisation decided on the name changes)

-evidence that the amended constitutional documents have been submitted to your state or territory authority or the Australian Charities and Not for Profit Commission

-copy of the certificate of incorporation showing the new organisation name, from your state or territory authority or the Australian Charities and Not for Profit Commission

  • The Department will then arrange to have the name(s) changed on the Register. This requires the agreement of both the Minister for the Environment and the Assistant Treasurer, and can take some time.
  • Until the Register is updated, you should continue to issue donation receipts in the public fund’s old (current) name, as this is what is endorsed by the Australian Taxation Office as a deductible gift recipient
  • Once the department advises you that the Register has been updated with your new name, you can then commence issuing receipts in the public fund’s new name.

How do I get removed from the Register?

  • You need to advise the Department by email to at the organisation and/or public fund should be removed from the Register. You should provide a copy of the minutes where the board of the organisation has approved seeking removal.
  • In order to remove an organisation and its public fund from the Register, an instrument needs to be signed by the Minister for the Environment and Assistant Treasurer. The Department will startthe removal process, however please note it may be several months before the removal is finalised.
  • Remaining money in the public fund must be sent to another organisation on the Register, and evidence of this should be submitted to the Department.
  • Please you have any specific questions.

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