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This is a Bill, not an Act. For current law, see the Acts databases.
CLIMATE CHANGE (GREENHOUSE GAS EMISSIONS TARGETS) BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Climate
Change (Greenhouse Gas Emissions Targets) Bill 2008
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Climate Change
(Greenhouse Gas Emissions Targets) Bill 2008
A Bill for
An Act to set, and report about, greenhouse gas emissions targets and
related targets to assist in achieving a sustainable future for the
ACT
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Climate Change (Greenhouse Gas Emissions Targets) Act
2008.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The objects of this Act are—
(a) to set targets in relation to greenhouse gas emissions and electricity
use to—
(i) assist in achieving ecologically sustainable development in the ACT by
addressing issues associated with climate change; and
(ii) promote commitment to action in the ACT to address climate change;
and
(iii) promote community understanding about issues of climate change;
and
(iv) encourage energy efficiency and conservation in the ACT;
and
(v) promote action in the ACT that is consistent with national and
international schemes designed to address climate change; and
(b) to provide for reporting on progress being made in the ACT to meet the
targets mentioned in paragraph (a).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘greenhouse
gas—see the Electricity (Greenhouse Gas Emissions) Act
2004, dictionary.’ means that the term ‘greenhouse gas’ is
defined in that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
6 Greenhouse
gas emissions targets
(1) The principal target (the ACT target) under this Act is
to reduce by 31 December 2050 greenhouse gas emissions in the ACT by
at least 60% to an amount that is equal to or less than 40% of the 1990
levels.
(2) An interim target under this Act is to reduce by
31 December 2020 greenhouse gas emissions in the ACT by at least 30%
to an amount that is equal to or less than 70% of the 1990 levels.
Related targets under this Act are—
(a) to increase by 31 December 2014 the proportion of renewable
electricity used in the ACT to at least 20% of the electricity used in the ACT;
and
(b) to reduce by 31 December 2020 the per capita use of
electricity in the ACT by at least 25% to a per capita use of electricity in the
ACT that is equal to or less than 75% of the 1990 levels.
8 Greenhouse
gas emissions targets—determinations
(1) The Minister must make a determination in relation to measuring
greenhouse gas emissions for this Act.
(2) A determination may apply, adopt or incorporate a law or instrument as
in force from time to time.
(3) Without limiting subsection (1), the Minister may do any of the
following:
(a) determine a method for working out greenhouse gas emissions for
setting relevant 1990 levels (the baseline) and the figure that
represents the baseline;
(b) determine a method for working out any reduction in greenhouse gas
emissions;
(c) determine a baseline for a stated activity (as part of the
baseline);
(d) make any other determination that helps in measuring greenhouse gas
emissions in the ACT.
Note The power to make an instrument includes power to do the
following:
(a) amend or repeal it (see Legislation Act, s 46);
(b) make different provision for different categories (see Legislation
Act, s 48).
(4) For this section, the Minister must, as far as practicable, do the
following:
(a) get advice from relevant experts;
(b) take into account any relevant practices, methodologies and principles
that apply elsewhere in Australia;
(c) ensure consistency with the best national and international practices
in relation to measuring greenhouse gas emissions.
(5) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
Part
3 Reports about
targets
(1) The Minister must, for each calendar year (the reporting
period), prepare a report about the targets mentioned in part
2.
(2) The reporting period for the first report is the calendar year
beginning on 1 January after the day this Act commences.
(3) Subsection (2) and this subsection expire on
1 July 2010.
10 Contents
of annual reports
(1) A report mentioned in section 9 (1) must include the
following:
(a) an assessment of the progress being made to achieve the ACT target,
interim target and related targets during the reporting period;
(b) for a report that has a reporting period that is a target
year—whether the relevant target was achieved;
(c) a summary of the following in the ACT during the reporting
period:
(i) the levels of greenhouse gas emissions;
(ii) the use of renewable electricity;
(iii) the per capita use of electricity;
(d) an assessment of the effectiveness of initiatives that are being, or
have been, adopted to achieve the ACT target, interim target and related targets
during the reporting period;
Example—initiative
The ACT Greenhouse Gas Abatement Scheme under the Electricity
(Greenhouse Gas Emissions ) Act 2004.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(e) a summary, from available information, of the development of
technologies to reduce greenhouse gas emissions or remove greenhouse gases from
the atmosphere during the reporting period;
(f) information about any relevant rates, trends or impacts associated
with climate change, with particular reference to any identified or assessed
impacts of climate change on the ACT, or any expected future impacts of climate
change, that have emerged or become increasingly relevant during the reporting
period;
(g) particulars of any determinations made under section 8 (Greenhouse gas
emissions targets—determinations) during the reporting period;
(h) anything else prescribed by regulation.
(2) In this section:
available information means the following information that is
reasonably available to the Minister:
(a) publicly-available information;
(b) any other information that is not confidential commercial
information.
confidential commercial information means—
(a) information that has a commercial or other value that would be, or
could reasonably be expected to be, destroyed or diminished if the information
were disclosed; or
(b) other information that—
(i) concerns the lawful commercial or financial affairs of a person or
undertaking; and
(ii) if it were disclosed, could unreasonably affect the person or
undertaking.
target year means 2014, 2020 or 2050.
11 Minister
to present annual reports
The Minister must present a report mentioned in section 9 (1) to the
Legislative Assembly within 3 months after the end of the reporting period for
the report.
(1) The Minister must—
(a) review the targets under this Act every 2 years (the 2-year
period); and
(b) present a report about the targets to the Legislative Assembly within
3 months after the end of the 2-year period.
(2) Without limiting subsection (1) (b), the report must include
information about—
(a) national, State and recognised international targets; and
(b) whether the targets under this Act are consistent with the targets
mentioned in paragraph (a).
(3) A report under this section may be included in a report mentioned in
section 9 (1).
(4) The first 2-year period begins on 1 January after the day this
Act commences.
(5) Subsection (4) and this subsection expire on
1 July 2010.
13 Presentation
of reports—Legislative Assembly not sitting
(1) This section applies if—
(a) a report that is required under this Act to be presented to the
Legislative Assembly has not been presented to the Assembly before the last 7
days of the relevant 3-month period for the report; and
(b) there are no sitting days of the Legislative Assembly during the 7
days.
(2) The Minister must give the report, and a copy for each member of the
Legislative Assembly, to the Speaker before the end of the relevant 3-month
period.
(3) The Speaker must arrange for a copy of the report to be given to each
member of the Legislative Assembly on the day the Minister gives it to the
Speaker.
(4) The Minister must present the report to the Legislative
Assembly—
(a) on the next sitting day after the end of the relevant 3-month period;
or
(b) if the next sitting day is the first meeting of the Legislative
Assembly after a general election of members of the Assembly—on the second
sitting day after the election.
(5) In this section:
relevant 3-month period means—
(a) for a report under section 9 (Annual reports)—the 3 months
mentioned in that section; and
(b) for a report under section 12 (Review of targets)—the
3 months mentioned in that section.
Speaker includes—
(a) if the Speaker is unavailable—the Deputy Speaker; and
(b) if both the Speaker and Deputy Speaker are unavailable—the clerk
of the Legislative Assembly.
unavailable—the Speaker or Deputy Speaker is
unavailable if—
(a) he or she is absent from duty; or
(b) there is a vacancy in the office of Speaker or Deputy
Speaker.
14 Regulation-making
power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• Deputy Speaker
• disallowable instrument (see s 9)
• instrument (see s 14)
• Minister (see s 162)
• must (see s 146)
• Speaker
• State.
ACT target—see section 6 (1).
greenhouse gas—see the Electricity (Greenhouse Gas
Emissions) Act 2004, dictionary.
interim target—see section 6 (2).
related targets—see section 7.
renewable electricity means electricity generated from
renewable energy sources.
renewable energy source means any of the
following:
(a) solar;
(b) wind;
(c) any other source prescribed by regulation.
reporting period—see section 9 (1).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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