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This is a Bill, not an Act. For current law, see the Acts databases.
2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Environment Legislation Amendment
Bill 2013
No. , 2013
(Environment)
A Bill for an Act to amend the Environment
Protection and Biodiversity Conservation Act 1999
and the Great Barrier Reef Marine Park Act 1975,
and for related purposes
No. , 2013
Environment Legislation Amendment Bill 2013
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments relating to approved conservation
advice
3
Environment Protection and Biodiversity Conservation Act 1999
3
Schedule 2--Amendments relating to turtles and dugong
4
Environment Protection and Biodiversity Conservation Act 1999
4
Great Barrier Reef Marine Park Act 1975
12
No. , 2013
Environment Legislation Amendment Bill 2013
1
A Bill for an Act to amend the Environment
1
Protection and Biodiversity Conservation Act 1999
2
and the Great Barrier Reef Marine Park Act 1975,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Environment Legislation Amendment
7
Act 2013.
8
2 Commencement
9
This Act commences on the day after this Act receives the Royal
10
Assent.
11
2
Environment Legislation Amendment Bill 2013
No. , 2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments relating to approved conservation advice Schedule 1
No. , 2013
Environment Legislation Amendment Bill 2013
3
Schedule 1
--
Amendments relating to
1
approved conservation advice
2
3
Environment Protection and Biodiversity Conservation Act
4
1999
5
1 After section 517A
6
Insert:
7
517B Non-compliance with requirement to have regard to any
8
approved conservation advice
9
If a provision of this Act requires the Minister to have regard to
10
any approved conservation advice, then a thing is not invalid
11
merely because the Minister failed, when doing the thing or
12
anything related to the thing, to have regard to any relevant
13
approved conservation advice.
14
2 Validation of things under the Environment Protection and
15
Biodiversity Conservation Act 1999
16
(1)
This item applies in respect of a thing under the Environment Protection
17
and Biodiversity Conservation Act 1999, to the extent that the thing
18
would, apart from this item, be or have been invalid because of a failure
19
by a person, when doing the thing or anything related to the thing, to
20
have regard to any relevant approved conservation advice.
21
(2)
The thing is as valid and effective, and is taken always to have been as
22
valid and effective, as it would have been had the person, when doing
23
the thing or anything related to the thing, had regard to any relevant
24
approved conservation advice.
25
(3)
All persons are, and are taken always to have been, entitled to act on the
26
basis that the thing is, and always has been, valid and effective as
27
mentioned in subitem (2).
28
Schedule 2 Amendments relating to turtles and dugong
4
Environment Legislation Amendment Bill 2013
No. , 2013
Schedule 2
--
Amendments relating to turtles
1
and dugong
2
3
Environment Protection and Biodiversity Conservation Act
4
1999
5
1 Subsection 196(1) (note 1)
6
Repeal the note, substitute:
7
Penalty:
8
(a) in the case of an aggravated offence--imprisonment for 2
9
years or 3,000 penalty units, or both;
10
(b) in any other case--imprisonment for 2 years or 1,000 penalty
11
units, or both.
12
Note 1:
For the extra element of an aggravated offence, see section 196F.
13
2 Subsection 196(3)
14
Repeal the subsection.
15
3 Subsection 196A(1) (note 1)
16
Repeal the note, substitute:
17
Penalty:
18
(a) in the case of an aggravated offence--1,500 penalty units;
19
(b) in any other case--500 penalty units.
20
Note 1:
For the extra element of an aggravated offence, see section 196F.
21
4 Subsection 196A(3)
22
Repeal the subsection.
23
5 Subsection 196B(1) (note 1)
24
Repeal the note, substitute:
25
Penalty:
26
(a) in the case of an aggravated offence--imprisonment for 2
27
years or 3,000 penalty units, or both;
28
Amendments relating to turtles and dugong Schedule 2
No. , 2013
Environment Legislation Amendment Bill 2013
5
(b) in any other case--imprisonment for 2 years or 1,000 penalty
1
units, or both.
2
Note 1:
For the extra element of an aggravated offence, see section 196F.
3
6 Subsection 196B(3)
4
Repeal the subsection.
5
7 Subsection 196C(1) (note 1)
6
Repeal the note, substitute:
7
Penalty:
8
(a) in the case of an aggravated offence--1,500 penalty units;
9
(b) in any other case--500 penalty units.
10
Note 1:
For the extra element of an aggravated offence, see section 196F.
11
8 Subsection 196C(3)
12
Repeal the subsection.
13
9 Subsection 196D(1) (note 1)
14
Repeal the note, substitute:
15
Penalty:
16
(a) in the case of an aggravated offence--imprisonment for 2
17
years or 3,000 penalty units, or both;
18
(b) in any other case--imprisonment for 2 years or 1,000 penalty
19
units, or both.
20
Note 1:
For the extra element of an aggravated offence, see section 196F.
21
10 Subsection 196D(3)
22
Repeal the subsection.
23
11 Subsection 196E(1) (note 1)
24
Repeal the note, substitute:
25
Penalty:
26
(a) in the case of an aggravated offence--1,500 penalty units;
27
(b) in any other case--500 penalty units.
28
Note 1:
For the extra element of an aggravated offence, see section 196F.
29
Schedule 2 Amendments relating to turtles and dugong
6
Environment Legislation Amendment Bill 2013
No. , 2013
12 Subsection 196E(3)
1
Repeal the subsection.
2
13 After section 196E
3
Insert:
4
196F Aggravated offence--member of listed threatened species that
5
is a dugong or turtle
6
(1) For the purposes of this Subdivision, an offence against
7
section 196, 196A, 196B, 196C, 196D or 196E (the underlying
8
offence) is an aggravated offence if the member to which the
9
underlying offence relates is:
10
(a) a member of a listed threatened species; and
11
(b) a member of a species mentioned in paragraph 248(2)(f), (g)
12
or (h).
13
Note:
Marine turtles and leatherback turtles are members of the species
14
mentioned in paragraphs 248(2)(g) and (h), and on the day this section
15
commenced, these species were listed threatened species.
16
(2) If the prosecution intends to prove an aggravated offence, the
17
charge must allege the relevant aggravated offence.
18
(3) Strict liability applies to the physical elements of circumstance,
19
that the member is:
20
(a) a member of a listed threatened species; and
21
(b) a member of a species mentioned in paragraph 248(2)(f), (g)
22
or (h).
23
Note:
For strict liability, see section 6.1 of the Criminal Code.
24
14 Section 198
25
After "196E", insert ", 196F".
26
15 Subsection 211(1) (note 1)
27
Repeal the note, substitute:
28
Penalty:
29
(a) in the case of an aggravated offence--imprisonment for 2
30
years or 3,000 penalty units, or both;
31
Amendments relating to turtles and dugong Schedule 2
No. , 2013
Environment Legislation Amendment Bill 2013
7
(b) in any other case--imprisonment for 2 years or 1,000 penalty
1
units, or both.
2
Note 1:
For the extra element of an aggravated offence, see section 211F.
3
16 Subsection 211(3)
4
Repeal the subsection.
5
17 Subsection 211A(1) (note 1)
6
Repeal the note, substitute:
7
Penalty:
8
(a) in the case of an aggravated offence--1,500 penalty units;
9
(b) in any other case--500 penalty units.
10
Note 1:
For the extra element of an aggravated offence, see section 211F.
11
18 Subsection 211A(3)
12
Repeal the subsection.
13
19 Subsection 211B(1) (note 1)
14
Repeal the note, substitute:
15
Penalty:
16
(a) in the case of an aggravated offence--imprisonment for 2
17
years or 3,000 penalty units, or both;
18
(b) in any other case--imprisonment for 2 years or 1,000 penalty
19
units, or both.
20
Note 1:
For the extra element of an aggravated offence, see section 211F.
21
20 Subsection 211B(3)
22
Repeal the subsection.
23
21 Subsection 211C(1) (note 1)
24
Repeal the note, substitute:
25
Penalty:
26
(a) in the case of an aggravated offence--1,500 penalty units;
27
(b) in any other case--500 penalty units.
28
Note 1:
For the extra element of an aggravated offence, see section 211F.
29
Schedule 2 Amendments relating to turtles and dugong
8
Environment Legislation Amendment Bill 2013
No. , 2013
22 Subsection 211C(3)
1
Repeal the subsection.
2
23 Subsection 211D(1) (note 1)
3
Repeal the note, substitute:
4
Penalty:
5
(a) in the case of an aggravated offence--imprisonment for 2
6
years or 3,000 penalty units, or both;
7
(b) in any other case--imprisonment for 2 years or 1,000 penalty
8
units, or both.
9
Note 1:
For the extra element of an aggravated offence, see section 211F.
10
24 Subsection 211D(3)
11
Repeal the subsection.
12
25 Subsection 211E(1) (note 1)
13
Repeal the note, substitute:
14
Penalty:
15
(a) in the case of an aggravated offence--1,500 penalty units;
16
(b) in any other case--500 penalty units.
17
Note 1:
For the extra element of an aggravated offence, see section 211F.
18
26 Subsection 211E(3)
19
Repeal the subsection.
20
27 After section 211E
21
Insert:
22
211F Aggravated offence--member of listed migratory species that
23
is a dugong or turtle
24
(1) For the purposes of this Subdivision, an offence against
25
section 211, 211A, 211B, 211C, 211D or 211E (the underlying
26
offence) is an aggravated offence if the member to which the
27
underlying offence relates is a member of a species mentioned in
28
paragraph 248(2)(f), (g) or (h).
29
Amendments relating to turtles and dugong Schedule 2
No. , 2013
Environment Legislation Amendment Bill 2013
9
Note:
Dugong, marine turtles and leatherback turtles are members of the
1
species mentioned in paragraphs 248(2)(f), (g) and (h), and on the day
2
this section commenced, these species were listed migratory species.
3
(2) If the prosecution intends to prove an aggravated offence, the
4
charge must allege the relevant aggravated offence.
5
(3) Strict liability applies to the physical element of circumstance, that
6
the member is a member of a species mentioned in
7
paragraph 248(2)(f), (g) or (h).
8
Note:
For strict liability, see section 6.1 of the Criminal Code.
9
28 Section 213
10
After "211E", insert ", 211F".
11
29 Subsection 254(1) (note 1)
12
Repeal the note, substitute:
13
Penalty:
14
(a) in the case of an aggravated offence--imprisonment for 2
15
years or 3,000 penalty units, or both;
16
(b) in any other case--imprisonment for 2 years or 1,000 penalty
17
units, or both.
18
Note 1:
For the extra element of an aggravated offence, see section 254F.
19
30 Subsection 254(3)
20
Repeal the subsection.
21
31 Subsection 254A(1) (note 1)
22
Repeal the note, substitute:
23
Penalty:
24
(a) in the case of an aggravated offence--1,500 penalty units;
25
(b) in any other case--500 penalty units.
26
Note 1:
For the extra element of an aggravated offence, see section 254F.
27
32 Subsection 254A(3)
28
Repeal the subsection.
29
Schedule 2 Amendments relating to turtles and dugong
10
Environment Legislation Amendment Bill 2013
No. , 2013
33 Subsection 254B(1) (note 1)
1
Repeal the note, substitute:
2
Penalty:
3
(a) in the case of an aggravated offence--imprisonment for 2
4
years or 3,000 penalty units, or both;
5
(b) in any other case--imprisonment for 2 years or 1,000 penalty
6
units, or both.
7
Note 1:
For the extra element of an aggravated offence, see section 254F.
8
34 Subsection 254B(3)
9
Repeal the subsection.
10
35 Subsection 254C(1) (note 1)
11
Repeal the note, substitute:
12
Penalty:
13
(a) in the case of an aggravated offence--1,500 penalty units;
14
(b) in any other case--500 penalty units.
15
Note 1:
For the extra element of an aggravated offence, see section 254F.
16
36 Subsection 254C(3)
17
Repeal the subsection.
18
37 Subsection 254D(1) (note 1)
19
Repeal the note, substitute:
20
Penalty:
21
(a) in the case of an aggravated offence--imprisonment for 2
22
years or 3,000 penalty units, or both;
23
(b) in any other case--imprisonment for 2 years or 1,000 penalty
24
units, or both.
25
Note 1:
For the extra element of an aggravated offence, see section 254F.
26
38 Subsection 254D(3)
27
Repeal the subsection.
28
Amendments relating to turtles and dugong Schedule 2
No. , 2013
Environment Legislation Amendment Bill 2013
11
39 Subsection 254E(1) (note 1)
1
Repeal the note, substitute:
2
Penalty:
3
(a) in the case of an aggravated offence--1,500 penalty units;
4
(b) in any other case--500 penalty units.
5
Note 1:
For the extra element of an aggravated offence, see section 254F.
6
40 Subsection 254E(3)
7
Repeal the subsection.
8
41 After section 254E
9
Insert:
10
254F Aggravated offence--member of listed marine species that is a
11
dugong or turtle
12
(1) For the purposes of this Subdivision, an offence against
13
section 254, 254A, 254B, 254C, 254D or 254E (the underlying
14
offence) is an aggravated offence if the member to which the
15
underlying offence relates is a member of a listed marine species
16
mentioned in paragraph 248(2)(f), (g) or (h).
17
Note:
Dugong, marine turtles and leatherback turtles are the listed marine
18
species mentioned in paragraphs 248(2)(f), (g) and (h).
19
(2) If the prosecution intends to prove an aggravated offence, the
20
charge must allege the relevant aggravated offence.
21
(3) Strict liability applies to the physical element of circumstance, that
22
the member is a listed marine species mentioned in
23
paragraph 248(2)(f), (g) or (h).
24
Note:
For strict liability, see section 6.1 of the Criminal Code.
25
42 Section 528
26
Insert:
27
aggravated offence:
28
(a) in Subdivision B of Division 1 of Part 13--has the meaning
29
given by section 196F; and
30
Schedule 2 Amendments relating to turtles and dugong
12
Environment Legislation Amendment Bill 2013
No. , 2013
(b) in Subdivision B of Division 2 of Part 13--has the meaning
1
given by section 211F; and
2
(c) in Subdivision B of Division 4 of Part 13--has the meaning
3
given by section 254F.
4
Great Barrier Reef Marine Park Act 1975
5
43 Subsection 38BA(1) (after the penalty)
6
Insert:
7
Note 1:
For an aggravated offence, see also subsection 38GA(9).
8
44 Subsection 38BA(1) (note)
9
Omit "Note", substitute "Note 2".
10
45 After subsection 38BA(3)
11
Insert:
12
Increased penalty for conduct involving a turtle or dugong
13
(3A) If:
14
(a) a person commits an offence against subsection (3); and
15
(b) the conduct the person engaged in that constituted the offence
16
resulted in the taking of or injury to an animal; and
17
(c) the animal is a member of a protected species; and
18
(d) the protected species is:
19
(i) a species in the genus Dugong (dugong); or
20
(ii) a species in the family Cheloniidae (marine turtles); or
21
(iii) the species Dermochelys coriacea (leatherback turtles);
22
then the number of penalty units set out in the penalty for the
23
offence is tripled.
24
(3B) If the prosecution intends to prove an offence against
25
subsection (3) and rely on subsection (3A), the charge must also
26
allege which subparagraph of paragraph (3A)(d) applies in relation
27
to the animal.
28
46 At the end of subsection 38BA(4)
29
Add "and paragraphs (3A)(b), (c) and (d)".
30
Amendments relating to turtles and dugong Schedule 2
No. , 2013
Environment Legislation Amendment Bill 2013
13
47 Subsection 38BB(1) (note)
1
Repeal the note.
2
48 At the end of subsection 38BB(1)
3
Add:
4
Note 1:
Prohibited is defined in subsection 3(1).
5
Note 2:
For an aggravated contravention, see also subsection 38GB(6).
6
49 At the end of subsection 38BB(2)
7
Add:
8
Note:
For an aggravated contravention, see also subsection 38GB(6).
9
50 At the end of subsection 38GA(1)
10
Add:
11
Note:
For subparagraph (c)(i), see also subsection (9).
12
51 At the end of section 38GA
13
Add:
14
(9) If:
15
(a) a person commits an aggravated offence against
16
subsection 38BA(1) in relation to an animal because of
17
subparagraph (1)(c)(i) of this section; and
18
(b) the animal is a member of:
19
(i) a species in the genus Dugong (dugong); or
20
(ii) a species in the family Cheloniidae (marine turtles); or
21
(iii) the species Dermochelys coriacea (leatherback turtles);
22
then the number of penalty units set out in the penalty for the
23
aggravated offence is tripled.
24
(10) If the prosecution intends to prove an aggravated offence and rely
25
on subsection (9), the charge must also allege which subparagraph
26
of paragraph (9)(b) applies in relation to the animal.
27
(11) Strict liability applies to the physical element of circumstance
28
mentioned in paragraph (9)(b) that the animal is a member of a
29
species mentioned in that paragraph.
30
Note:
For strict liability, see section 6.1 of the Criminal Code.
31
Schedule 2 Amendments relating to turtles and dugong
14
Environment Legislation Amendment Bill 2013
No. , 2013
52 At the end of subsection 38GB(1)
1
Add:
2
Note:
For subparagraph (c)(i), see also subsection (6).
3
53 At the end of section 38GB
4
Add:
5
(6) If:
6
(a) an individual or a body corporate contravenes
7
subsection 38BB(1) or (2); and
8
(b) the contravention is an aggravated contravention in relation
9
to an animal because of subparagraph (1)(c)(i) of this section;
10
and
11
(c) the animal is a member of:
12
(i) a species in the genus Dugong (dugong); or
13
(ii) a species in the family Cheloniidae (marine turtles); or
14
(iii) the species Dermochelys coriacea (leatherback turtles);
15
then the number of penalty units set out in the relevant penalty for
16
the aggravated contravention is tripled.
17
(7) If the Authority, on behalf of the Commonwealth, intends to prove
18
that the person has committed an aggravated contravention and
19
rely on subsection (6), the Authority's application to the Federal
20
Court under section 61AIA in relation to the contravention must
21
also specify which subparagraph of paragraph (6)(c) applies in
22
relation to the animal.
23
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