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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
(Mr Bandt)
A Bill for an Act to restrict activities in relation to
thermal coal, and for related purposes
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Customs Act 1901
3
Environment Protection and Biodiversity Conservation Act 1999
8
Part 2--Consequential amendments
15
Environment Protection and Biodiversity Conservation Act 1999
15
Part 3--Application of amendments
16
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
1
A Bill for an Act to restrict activities in relation to
1
thermal coal, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Coal Prohibition (Quit Coal) Act 2019.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments Part 1
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Customs Act 1901
3
1 Subsection 4(1)
4
Insert:
5
thermal coal means coal that is not coking coal.
6
2 Section 50 (heading)
7
Repeal the heading, substitute:
8
50 Regulations may prohibit the importation of goods
9
3 After section 50
10
Insert:
11
50A Prohibition of the importation of thermal coal
12
(1) The importation into Australia of thermal coal is prohibited unless:
13
(a) an authority of the Commonwealth, a State or a Territory
14
provides a confirmation that states that the thermal coal is
15
being imported for research, analysis or display; and
16
(b) a copy of the confirmation is produced to a Collector at or
17
before the time of importation.
18
(2) For the purposes of subsection (1), thermal coal is not imported for
19
research, analysis or display if the thermal coal is to be used for the
20
purpose of, or for purposes that include the purposes of:
21
(a) establishing, expanding, operating or modifying (or research
22
relating to the establishment, expansion, operation or
23
modification of) a coal mine at which thermal coal is, or is to
24
be, extracted (whether or not anything else is, or is to be,
25
extracted at the mine); or
26
(b) establishing, expanding, operating or modifying (or research
27
relating to the establishment, expansion, operation or
28
modification of) a power station that generates, or is to
29
Schedule 1 Amendments
Part 1 Amendments
4
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
generate, electricity from thermal coal (whether or not the
1
power station also generates, or is also to generate, electricity
2
from anything other than thermal coal).
3
4 Subsection 51(1)
4
After "section 50", insert "or 50A".
5
5 Section 112 (heading)
6
Repeal the heading, substitute:
7
112 Regulations may prohibit the exportation of goods
8
6 After section 112
9
Insert:
10
112AA Prohibition of the exportation of thermal coal
11
Prohibition of the exportation of thermal coal
12
(1) The exportation of thermal coal from Australia is prohibited
13
unless:
14
(a) either:
15
(i) the thermal coal is exported before 2030 in accordance
16
with a permission granted under subsection (3); or
17
(ii) an authority of the Commonwealth, a State or a
18
Territory provides a confirmation that states that the
19
thermal coal is being exported for research, analysis or
20
display; and
21
(b) the permission or a copy of the confirmation is produced to a
22
Collector at or before the time of exportation.
23
(2) For the purposes of subparagraph (1)(a)(ii), thermal coal is not
24
exported for research, analysis or display if the thermal coal is to
25
be used for the purpose of, or for purposes that include the
26
purposes of:
27
(a) establishing, expanding, operating or modifying, or research
28
relating to the establishment, expansion, operation or
29
modification of, a coal mine at which thermal coal is, or is to
30
be, extracted (whether or not anything else is, or is to be,
31
extracted at the mine); or
32
Amendments Schedule 1
Amendments Part 1
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
5
(b) establishing, expanding, operating or modifying, or research
1
relating to the establishment, expansion, operation or
2
modification of, a power station that generates, or is to
3
generate, electricity from thermal coal (whether or not the
4
power station also generates, or is also to generate, electricity
5
from anything other than thermal coal).
6
Grant of permissions to export thermal coal
7
(3) The Minister may, on application in accordance with the
8
regulations, grant a written permission to export thermal coal from
9
Australia.
10
(4) A permission under subsection (3):
11
(a) must specify the quantity of thermal coal that may be
12
exported in accordance with the permission in a specified
13
calendar year (being a year earlier than 2030); and
14
(b) may specify any conditions or requirements to which the
15
permission is subject.
16
(5) Subject to subsection (6), the quantity of thermal coal to be
17
specified in a permission under subsection (3) in relation to a
18
particular calendar year is the quantity specified in, or worked out
19
in accordance with, the regulations.
20
(6) A permission under subsection (3) must not specify a quantity of
21
thermal coal in relation to a particular calendar year if the total
22
quantity of thermal coal specified in relation to that calendar year
23
in permissions under subsection (3) will exceed the thermal coal
24
exportation limit for that calendar year.
25
Thermal coal exportation limit
26
(7) For the purposes of this section, the thermal coal exportation limit
27
for a calendar year specified in column 1 of an item in the
28
following table is the quantity of thermal coal specified in column
29
2 of that item.
30
31
Schedule 1 Amendments
Part 1 Amendments
6
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
Thermal coal exportation limits
Item
Column 1
Calendar year
Column 2
Thermal coal
exportation limit
Quantity of thermal
coal in kilotonnes per
year
1
2020
210,000
2
2021
189,000
3
2022
168,000
4
2023
147,000
5
2024
126,000
6
2025
105,000
7
2026
84,000
8
2027
63,000
9
2028
42,000
10
2029
21,000
1
Revocation of permissions
2
(8) The Minister may, in accordance with the regulations, revoke a
3
permission granted under subsection (3) if the holder of the
4
permission contravenes a condition or requirement referred to in
5
paragraph (4)(b).
6
Review of decisions
7
(9) Applications may be made to the Administrative Appeals Tribunal
8
for review of a decision of the Minister:
9
(a) not to grant a permission under subsection (3); or
10
(b) to grant a permission specifying a condition or requirement;
11
or
12
(c) to revoke a permission granted under subsection (3).
13
Offences
14
(10) A person commits an offence if:
15
Amendments Schedule 1
Amendments Part 1
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
7
(a) a permission is granted under subsection (3); and
1
(b) the permission is subject to a condition or requirement to be
2
complied with by the person; and
3
(c) the person engages in conduct; and
4
(d) the person's conduct contravenes the condition or
5
requirement.
6
Penalty: 100 penalty units.
7
(11) Subsection (10) is an offence of strict liability.
8
Note:
For strict liability, see section 6.1 of the Criminal Code.
9
(12) Absolute liability applies to paragraph (10)(a), despite
10
subsection (11).
11
Note:
For absolute liability, see section 6.2 of the Criminal Code.
12
(13) A person commits an offence if:
13
(a) a permission is granted under subsection (3); and
14
(b) the permission is subject to a condition or requirement to be
15
complied with by the person; and
16
(c) the person engages in conduct; and
17
(d) the person's conduct contravenes the condition or
18
requirement.
19
Penalty: Imprisonment for 2 years or 20 penalty units, or both.
20
(14) Absolute liability applies to paragraph (13)(a).
21
Note:
For absolute liability, see section 6.2 of the Criminal Code.
22
Definition
23
(15) In this section:
24
engage in conduct means:
25
(a) do an act; or
26
(b) omit to perform an act.
27
112AB Prohibited exports
28
Goods, the exportation of which is prohibited under section 112 or
29
112AA, are prohibited exports.
30
Schedule 1 Amendments
Part 1 Amendments
8
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
Environment Protection and Biodiversity Conservation Act
1
1999
2
7 After Subdivision FB of Division 1 of Part 3
3
Insert:
4
Subdivision FC--Thermal coal
5
24F Requirement for approval of thermal coal activities
6
(1) A constitutional corporation, the Commonwealth or a
7
Commonwealth agency must not take an action if the action
8
involves thermal coal activity.
9
Civil penalty:
10
(a) for an individual--5,000 penalty units;
11
(b) for a body corporate--50,000 penalty units.
12
(2) A person must not take an action if:
13
(a) the action involves thermal coal activity; and
14
(b) the action is taken for the purposes of trade or commerce:
15
(i) between Australia and another country; or
16
(ii) between 2 States; or
17
(iii) between a State and Territory; or
18
(iv) between 2 Territories.
19
Civil penalty:
20
(a) for an individual--5,000 penalty units;
21
(b) for a body corporate--50,000 penalty units.
22
(3) A person must not take an action if:
23
(a) the action involves thermal coal activity; and
24
(b) the action is taken in:
25
(i) a Commonwealth area; or
26
(ii) a Territory.
27
Civil penalty:
28
(a) for an individual--5,000 penalty units;
29
(b) for a body corporate--50,000 penalty units.
30
Amendments Schedule 1
Amendments Part 1
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
9
(4) Subsections (1), (2) and (3) do not apply to an action if:
1
(a) an approval of the taking of the action by the constitutional
2
corporation, Commonwealth, Commonwealth agency or
3
person is in operation under Part 9 for the purposes of this
4
section; or
5
(b) there is in force a decision of the Minister under Division 2
6
of Part 7 that this section is not a controlling provision for the
7
action and, if the decision was made because the Minister
8
believed the action would be taken in a manner specified in
9
the notice of the decision under section 77, the action is taken
10
in that manner.
11
(5) A person who wishes to rely on subsection (4) in proceedings for a
12
contravention of a civil penalty provision bears an evidential
13
burden in relation to the matters in that subsection.
14
24G What is thermal coal activity?
15
(1) A thermal coal activity means any of the following:
16
(a) establishing, expanding, operating or modifying a coal mine
17
at which thermal coal is, or is to be, extracted (whether or not
18
anything else is, or is to be, extracted at the mine);
19
(b) handling, stockpiling, processing or transporting thermal coal
20
extracted from a mine;
21
(c) establishing, expanding, operating or modifying a power
22
station that generates, or is to generate, electricity from
23
thermal coal (whether or not the power station also generates,
24
or is also to generate, electricity from anything other than
25
thermal coal);
26
(d) any other action prescribed by the regulations.
27
(2) Despite subsection (1), an action referred to in that subsection is
28
not a thermal coal activity if the primary purpose of the action is
29
the rehabilitation of a mine.
30
(3) In this Act:
31
thermal coal means coal that is not coking coal.
32
Schedule 1 Amendments
Part 1 Amendments
10
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
24H Offences relating to thermal coal activity
1
(1) A constitutional corporation, or a Commonwealth agency that does
2
not enjoy the immunities of the Commonwealth, commits an
3
offence if the corporation or agency takes an action involving
4
thermal coal activity.
5
Note 1:
An executive officer of a body corporate convicted of an offence
6
against this subsection may also commit an offence against
7
section 495.
8
Note 2:
If a person takes an action on land that contravenes this subsection, a
9
landholder may commit an offence against section 496C.
10
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
11
(2) A person commits an offence if:
12
(a) the person takes an action involving thermal coal activity;
13
and
14
(b) the action is taken for the purposes of trade or commerce:
15
(i) between Australia and another country; or
16
(ii) between 2 States; or
17
(iii) between a State and a Territory; or
18
(iv) between 2 Territories.
19
Note 1:
An executive officer of a body corporate convicted of an offence
20
against this subsection may also commit an offence against
21
section 495.
22
Note 2:
If a person takes an action on land that contravenes this subsection, a
23
landholder may commit an offence against section 496C.
24
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
25
(3) A person commits an offence if:
26
(a) the person takes an action involving thermal coal activity;
27
and
28
(b) the action is taken in:
29
(i) a Territory; or
30
(ii) a Commonwealth area.
31
Note 1:
An executive officer of a body corporate convicted of an offence
32
against this subsection may also commit an offence against
33
section 495.
34
Note 2:
If a person takes an action on land that contravenes this subsection, a
35
landholder may commit an offence against section 496C.
36
Amendments Schedule 1
Amendments Part 1
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
11
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
1
(4) Subsections (1) to (3) do not apply to an action if:
2
(a) an approval of the taking of the action by the person is in
3
operation under Part 9 for the purposes of this section; or
4
(b) there is in force a decision of the Minister under Division 2
5
of Part 7 that this section is not a controlling provision for the
6
action and, if the decision was made because the Minister
7
believed the action would be taken in a manner specified in
8
the notice of the decision under section 77, the action is taken
9
in that manner.
10
Note:
The defendant bears an evidential burden in relation to the matters in
11
this subsection. See subsection 13.3(3) of the Criminal Code.
12
8 Section 34 (after table item 13J)
13
Insert:
14
15
13K
section 24F
the environment
13L
section 24H
the environment
16
9 After section 34E
17
Insert:
18
34EA No declarations relating to thermal coal activity
19
The Minister must not make a declaration under section 33 relating
20
to an action consisting of, or involving, thermal coal activity.
21
10 At the end of Subdivision C of Division 3 of Part 4
22
Add:
23
37K No declarations relating to thermal coal activity
24
The Minister must not make a declaration under section 37A
25
relating to an action consisting of, or involving, thermal coal
26
activity.
27
11 Section 37M
28
After "Part 3", insert ", other than section 24F or 24H,".
29
Schedule 1 Amendments
Part 1 Amendments
12
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
12 At the end of Division 6 of Part 4
1
Add:
2
43C This Division does not apply to thermal coal activity
3
This Division does not apply to an action consisting of, or
4
involving, thermal coal activity.
5
13 At the end of section 49
6
Add:
7
(4) A provision of a bilateral agreement does not have any effect in
8
relation to an action consisting of, or involving, thermal coal
9
activity.
10
14 After paragraph 135(1)(a)
11
Insert:
12
(aa) for the purposes of section 24F or 24H of an action involving
13
thermal coal activity and that is taken:
14
(i) by a person for the purposes of trade or commerce
15
between Australia and another country or between 2
16
States; or
17
(ii) by a constitutional corporation; or
18
15 At the end of Subdivision B of Division 1 of Part 9
19
Add:
20
141 No approval for action involving thermal coal activity unless for
21
research etc.
22
(1) The Minister must not approve an action for the purposes of
23
section 24F or 24H unless the Minister is satisfied that the action is
24
to be undertaken solely for the purposes of research, analysis or
25
display.
26
(2) For the purposes of subsection (1), an action is not undertaken for
27
the purposes of research, analysis or display if the action is to be
28
taken for the purpose of, or for purposes that include the purpose
29
of:
30
Amendments Schedule 1
Amendments Part 1
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
13
(a) establishing, expanding, operating or modifying (or research
1
relating to the establishment, expansion, operation or
2
modification of) a coal mine at which thermal coal is, or is to
3
be, extracted (whether or not anything else is, or is to be,
4
extracted at the mine); or
5
(b) establishing, expanding, operating or modifying (or research
6
relating to the establishment, expansion, operation or
7
modification of) a power station that generates, or is to
8
generate, electricity from thermal coal (whether or not the
9
power station also generates, or is also to generate, electricity
10
from anything other than thermal coal).
11
(3) If the Minister approves an action for the purposes of section 24F
12
or 24H because the Minister is satisfied that the action is to be
13
undertaken solely for the purposes of research, analysis or display,
14
the Minister must attach to the approval the condition that the
15
action is undertaken solely for that purpose.
16
16 At the end of Subdivision C of Division 1 of Part 10
17
Add:
18
146MA No approvals relating to thermal coal activity
19
The Minister must not approve the taking of an action or a class of
20
actions in accordance with an endorsed policy, plan or program if
21
the action, or an action in the class of actions, consists of, or
22
involves, thermal coal activity.
23
17 After subparagraph 495(2)(a)(via)
24
Insert:
25
(vib) section 24H (Offences relating to thermal coal activity);
26
or
27
18 After subparagraph 496C(1)(a)(viia)
28
Insert:
29
(viib) section 24H (Offences relating to thermal coal activity);
30
or
31
19 Section 528
32
Insert:
33
Schedule 1 Amendments
Part 1 Amendments
14
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
thermal coal has the meaning given by section 24G.
1
thermal coal activity has the meaning given by section 24G.
2
Amendments Schedule 1
Consequential amendments Part 2
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
15
Part 2--Consequential amendments
1
Environment Protection and Biodiversity Conservation Act
2
1999
3
20 Section 528 (definition of large coal mining development)
4
After "coal mining activity", insert "(other than a thermal coal
5
activity)".
6
Schedule 1 Amendments
Part 3 Application of amendments
16
Coal Prohibition (Quit Coal) Bill 2019
No. , 2019
Part 3--Application of amendments
1
21 Application of amendments
2
(1)
Section 50A of the Customs Act 1901 as inserted by Part 1 of this
3
Schedule applies in relation to the importation of thermal coal on or
4
after 1 January 2030.
5
(2)
Section 112AA of the Customs Act 1901 as inserted by Part 1 of this
6
Schedule applies in relation to the exportation of thermal coal on or
7
after 1 July 2020.
8
(3)
Subdivision FC of Division 1 of Part 3 of the Environment Protection
9
and Biodiversity Conservation Act 1999, as inserted by Part 1 of this
10
Schedule, applies in relation to:
11
(a) an action involving establishing or expanding a coal mine or
12
a power station that is taken on or after the day this item
13
commences; and
14
(b) an action involving a thermal coal activity other than
15
establishing or expanding a coal mine or a power station that
16
is taken on or after 1 January 2030.
17
(4)
Sections 34EA and 37K of the Environment Protection and Biodiversity
18
Conservation Act 1999, as inserted by Part 1 of this Schedule, apply in
19
relation to:
20
(a) a declaration, relating to an action involving establishing or
21
expanding a coal mine or a power station, made on or after
22
the day this item commences; and
23
(b) a declaration, relating to an action involving a thermal coal
24
activity other than establishing or expanding a coal mine or a
25
power station, made on or after 1 January 2030.
26
(5)
The amendment of section 49 of the Environment Protection and
27
Biodiversity Conservation Act 1999 made by Part 1 of this Schedule
28
applies:
29
(a) from the commencement of this item in relation to an action
30
involving establishing or expanding a coal mine or a power
31
station; and
32
(b) from 1 January 2030 in relation to an action involving a
33
thermal coal activity other than establishing or expanding a
34
coal mine or a power station.
35
Amendments Schedule 1
Application of amendments Part 3
No. , 2019
Coal Prohibition (Quit Coal) Bill 2019
17
(6)
The amendment of section 528 of the Environment Protection and
1
Biodiversity Conservation Act 1999 made by Part 2 of this Schedule
2
applies in relation to:
3
(a) an action involving establishing or expanding a coal mine
4
that is taken on or after the day this item commences; and
5
(b) an action involving a large coal mining development other
6
than establishing or expanding a coal mine that is taken on or
7
after 1 January 2030.
8
22 Constitutional matters
9
The amendments made by this Schedule do not apply to the extent (if
10
any) to which their operation would result in an acquisition of property
11
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
12
person otherwise than on just terms (within the meaning of that
13
paragraph of the Constitution).
14