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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Environmental
Legislation Amendment Bill (No. 1)
2000
No. ,
2000
(Environment and
Heritage)
A Bill for an Act to amend
legislation relating to the environment, and for related
purposes
ISBN: 0642 434867
Contents
A Bill for an Act to amend legislation relating to the
environment, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Environmental Legislation Amendment Act
(No. 1) 2000.
(1) Subject to subsection (2), this Act commences on the day on which
it receives the Royal Assent.
(2) If this Act receives the Royal Assent before the commencement of the
Environment Protection and Biodiversity Conservation Act 1999, this Act
commences immediately after the commencement of that Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 38(2)
Repeal the subsection, substitute:
(2) In this Act:
comprehensive, adequate and representative reserve system, in
relation to a regional forest agreement, has the same meaning as in the regional
forest agreement.
forest products means live or dead trees, ferns or shrubs, or
parts thereof.
forestry operations means any of the following done for
commercial purposes:
(a) the planting of trees;
(b) the managing of trees before they are harvested;
(c) the harvesting of forest products;
and includes any related land clearing, land preparation and regeneration
(including burning) and transport operations.
regional forest agreement means an agreement that is in force
between the Commonwealth and a State, the Australian Capital Territory or the
Northern Territory in respect of a region or regions, being an agreement that
satisfies all the following conditions:
(a) the agreement was entered into having regard to assessments of the
following matters that are relevant to the region or regions:
(i) environmental values, including old growth, wilderness, endangered
species, national estate values and world heritage values;
(ii) indigenous heritage values;
(iii) economic values of forested areas and forest industries;
(iv) social values (including community needs);
(v) principles of ecologically sustainable management;
(b) the agreement provides for a comprehensive, adequate and
representative reserve system;
(c) the agreement provides for the ecologically sustainable management and
use of forested areas in the region or regions;
(d) the agreement is expressed to be for the purpose of providing
long-term stability of forests and forest industries;
(e) the agreement is expressed to be a regional forest
agreement.
RFA forestry operations means forestry operations
that:
(a) are conducted in relation to land in a region covered by a regional
forest agreement (being land where those operations are not prohibited by the
regional forest agreement); and
(b) are conducted in relation to a forest (within the meaning of the
regional forest agreement).
2 Subsection 40(2)
Repeal the subsection.
3 At the end of Part 4
Add:
(1) A person may take an action described in a provision of Part 3
without an approval under Part 9 for the purposes of the provision
if:
(a) the action consists of a use of land, sea or seabed; and
(b) the action was specifically authorised under a law of the
Commonwealth, a State or a self-governing Territory before the commencement of
this Act; and
(c) immediately before the commencement of this Act, no further
environmental authorisation was necessary to allow the action to be taken
lawfully.
(2) In this section:
environmental authorisation means an authorisation under a
law of the Commonwealth, a State or a self-governing Territory that has either
or both of the following objects (whether express or implied):
(a) to protect the environment;
(b) to promote the conservation and ecologically sustainable use of
natural resources.
(1) A person may take an action described in a provision of Part 3
without an approval under Part 9 for the purposes of the provision if the
action is a lawful continuation of a use of land, sea or seabed that was
occurring immediately before the commencement of this Act. For this purpose, an
enlargement, expansion or intensification of use is not a
continuation of a use.
(2) However, subsection (1) does not apply to an action that was
specifically authorised under a law of the Commonwealth, a State or a
self-governing Territory before the commencement of this Act.
Note: Section 43A applies to actions that were
specifically authorised under a law before the commencement of this
Act.
4 Subsection 146(1)
Repeal the subsection, substitute:
(1) The Minister may agree in writing with a person responsible for the
adoption or implementation of a policy, plan or program that an assessment be
made of the impacts of actions under the policy, plan or program on a matter
protected by a provision of Part 3.
5 Subsection 146(2) (note
1)
Omit “relevant”.
6 Paragraph 148(1)(a)
Repeal the paragraph, substitute:
(a) make an agreement with the Minister under section 146 for
assessment of the impacts of actions under the plan on each matter protected by
a provision of Part 3; and
7 Paragraph 148(2)(a)
Repeal the paragraph, substitute:
(a) make an agreement under section 146 with the Minister (the
Environment Minister) administering this section for assessment of
the impacts of actions under the plan on each matter protected by a provision of
Part 3; and
8 Paragraph 149(a)
Repeal the paragraph, substitute:
(a) make an agreement with the Minister under section 146 for
assessment of the impacts of actions on each matter protected by a provision of
Part 3, being actions permitted under the Authority’s policy for
managing the fishery; and
9 Subsection 150(2)
Repeal the subsection, substitute:
Two-thirds of fisheries to be covered by agreements in 3
years
(2) Before the day that is the third anniversary of this Act commencing,
the Australian Fisheries Management Authority must make agreements with the
Minister under section 146 for assessment of the impacts of actions on each
matter protected by a provision of Part 3, being actions that are permitted
under the Authority’s policies for managing at least
2/3 of the
fisheries.
10 Subsection 150(3)
Repeal the subsection, substitute:
All fisheries to be covered by agreements in 5 years
(3) Before the day that is the fifth anniversary of this Act commencing,
the Australian Fisheries Management Authority must make agreements with the
Minister under section 146 for assessment of the impacts of actions on each
matter protected by a provision of Part 3, being actions that are permitted
under the Authority’s policies for managing the fisheries.
11 Subsection 151(2)
Repeal the subsection, substitute:
Policies for all actions to be covered by agreements in 5
years
(2) Before the day that is the fifth anniversary of this Act commencing,
the Minister administering the Torres Strait Fisheries Act 1984 must make
agreements under section 146 with the Minister administering this section
for assessment of the impacts of the actions on each matter protected by a
provision of Part 3, being actions that are permitted by policies under
that Act.
12 At the end of
section 197
Add:
; or (k) an action provided for by, and taken in accordance with, a plan
or regime that is accredited under section 208A.
13 Before section 208
Insert:
The Minister may, by instrument in writing, accredit for the purposes of
this Division:
(a) a plan of management within the meaning of section 17 of the
Fisheries Management Act 1991; or
(b) a plan of management for a fishery made by a State or self-governing
Territory and that is in force in the State or Territory; or
(c) a regime determined in writing by the Australian Fisheries Management
Authority under the Fisheries Administration Act 1991 for managing a
fishery for which a plan of management (within the meaning of section 17 of
the Fisheries Management Act 1991) is not in force;
if satisfied that:
(d) the plan or regime requires persons engaged in fishing under the plan
or regime to take all reasonable steps to ensure that members of listed
threatened species are not killed or injured as a result of the fishing;
and
(e) the fishery to which the plan or regime relates does not, or is not
likely to, adversely affect the survival or recovery in nature of the
species.
14 At the end of
section 212
Add:
; or (k) an action provided for by, and taken in accordance with, a plan
or regime that is accredited under section 222A.
15 Before section 223
Insert:
The Minister may, by instrument in writing, accredit for the purposes of
this Division:
(a) a plan of management within the meaning of section 17 of the
Fisheries Management Act 1991; or
(b) a plan of management for a fishery made by a State or self-governing
Territory and that is in force in the State or Territory; or
(c) a regime determined in writing by the Australian Fisheries Management
Authority under the Fisheries Administration Act 1991 for managing a
fishery for which a plan of management (within the meaning of section 17 of
the Fisheries Management Act 1991) is not in force;
if satisfied that:
(d) the plan or regime requires persons engaged in fishing under the plan
or regime to take all reasonable steps to ensure that members of listed
migratory species are not killed or injured as a result of the fishing;
and
(e) the fishery to which the plan or regime relates does not, or is not
likely to, adversely affect the conservation status of a listed migratory
species or a population of that species.
16 Paragraph 231(h)
Repeal the paragraph, substitute:
(h) an action provided for by, and taken in accordance with, a plan or
regime that is accredited under section 245.
17 After paragraph 245(b)
Insert:
; or (ba) a regime determined in writing by the Australian Fisheries
Management Authority under the Fisheries Administration Act 1991 for
managing a fishery for which a plan of management (within the meaning of
section 17 of the Fisheries Management Act 1991) is not in
force;
Note: The heading to section 245 is altered by omitting
“of management” and substituting “or
regimes”.
18 Paragraph 255(k)
Omit “of management”, substitute “or
regime”.
19 After paragraph 265(b)
Insert:
; or (ba) a regime determined in writing by the Australian Fisheries
Management Authority under the Fisheries Administration Act 1991 for
managing a fishery for which a plan of management (within the meaning of
section 17 of the Fisheries Management Act 1991) is not in
force;
Note: The heading to section 265 is altered by omitting
“of management” and substituting “or
regimes”.
20 Subsection 354(2)
Omit “However, if”, substitute “Despite
subsection (1), if”.
21 After subsection 354(3)
Insert:
(3A) Despite subsection (1), if a management plan is not in operation
for a Commonwealth reserve, that subsection does not prohibit a person from
doing an act described in that subsection if:
(a) the act is done for commercial purposes; and
(b) at least one of the following applies:
(i) the Director has determined under subsection (3B) that the person
may do the act;
(ii) the act is an act that the Director has determined under
subsection (3B) is consistent with the Proclamation of the reserve under
Subdivision B.
(3B) The Director may determine in writing that:
(a) a person may do an act described in subsection (1); and
(b) the doing of an act in a Commonwealth reserve is consistent with the
Proclamation of the reserve under Subdivision B.
Note: Section 357 applies to the Director when making a
determination under this subsection.
22 Paragraph 354(4)(a)
Omit “and (2)”, substitute “, (2) and
(3A)”.
23 Subsections 515(1) and
(2)
After “Act to”, insert “the Director or”.
24 Subsection 516A(6)
Omit “actions” (wherever occurring), substitute
“activities”.
25 At the end of
section 516A
Add:
(7) In subsection (6):
activities includes:
(a) developing and implementing policies, plans, programs and legislation;
and
(b) the operations of a department, authority, company or agency referred
to in this section.
26 Section 522B
Repeal the section.
27 Subsection 523(2)
Repeal the subsection.
28 Section 528
Insert:
comprehensive, adequate and representative reserve system, in
relation to a regional forest agreement, has the meaning given by subsection
38(2).
29 Section 528 (definition of
continuation)
Omit “subsection 523(2)”, substitute
“section 43B”.
30 Section 528
Insert:
forest products has the meaning given by subsection
38(2).
31 Section 528 (definition of forestry
operations)
Omit “40(2)”, substitute “38(2)”.
1 After item 4 of
Schedule 4
Insert:
4A Continuation of plans accepted by the
Minister
(1) If, before the commencement of the new Act:
(a) the Minister administering the Parks Act had accepted under
section 11 of the Parks Act a plan of management for a park or reserve;
and
(b) neither House of Parliament had passed a resolution under subsection
12(2) of the Parks Act disallowing the plan; and
(c) the period (the disallowance period) under subsection
12(2) of the Parks Act in which either House of Parliament may pass a resolution
disallowing the plan had not ended;
then, despite the repeal of the Parks Act, the Parks Act continues to apply
to the plan until the end of the day after the day on which the disallowance
period for the plan ends.
(2) If, after the commencement of the new Act, the plan comes into force
under subsection 12(3) of the Parks Act, the plan continues in force after that
commencement as a management plan for the corresponding Commonwealth reserve as
if:
(a) the Minister administering the new Act had approved it under
section 370 of that Act; and
(b) it were not required to be laid before each House of the Parliament
and were not able to be disallowed because of section 371 of the new
Act.
(3) However, the plan ceases to have effect on the earlier of the following
days (or either of them if they are the same):
(a) the day it would have ceased to have had effect if the Parks Act had
not been repealed;
(b) the day 7 years after the commencement of the new Act.
(4) This item has effect in relation to a plan even if the plan does not
comply with section 367 of the new Act.
(5) This item does not prevent amendment of the plan by another management
plan approved under Division 4 of Part 15 of the new Act.