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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Great
Australian Bight) Bill 2018
No. , 2018
(Senator Storer)
A Bill for an Act to amend the Environment
Protection and Biodiversity Conservation Act 1999,
and for related purposes
No. , 2018
Environment Protection and Biodiversity Conservation Amendment
(Great Australian Bight) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Environment Protection and Biodiversity Conservation Act 1999
3
Schedule 2--Modifications of 2014 approval
6
No. , 2018
Environment Protection and Biodiversity Conservation Amendment
(Great Australian Bight) Bill 2018
1
A Bill for an Act to amend the Environment
1
Protection and Biodiversity Conservation Act 1999,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Environment Protection and Biodiversity
6
Conservation Amendment (Great Australian Bight) Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Environment Protection and Biodiversity Conservation Amendment
(Great Australian Bight) Bill 2018
No. , 2018
1
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
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2018
Environment Protection and Biodiversity Conservation Amendment
(Great Australian Bight) Bill 2018
3
Schedule 1--Amendments
1
2
Environment Protection and Biodiversity Conservation Act
3
1999
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1 Subsection 87(1)
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Omit "The Minister", substitute "Subject to section 87A, the Minister".
6
2 After section 87
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Insert:
8
87A Assessment of certain actions in Great Australian Bight
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(1) This section applies in relation to an action that:
10
(a) the Minister has decided is a controlled action; and
11
(b) is a petroleum activity, or a greenhouse gas activity, taken in
12
the Great Australian Bight.
13
(2) The Minister must decide that the following approach must be used
14
for assessment of the relevant impacts of the action:
15
(a) an initial assessment of the action by NOPSEMA under the
16
NOPSEMA program;
17
(b) if NOPSEMA approves the action under the NOPSEMA
18
program--either:
19
(i) a second assessment by environmental impact statement
20
under Division 6; or
21
(ii) a second assessment by inquiry under Division 7.
22
(3) In this section:
23
Great Australian Bight means:
24
(a) the waters of the sea known as the Great Australian Bight in
25
the Southern Ocean that are:
26
(i) beyond the outer limits of the coastal waters of South
27
Australia or Western Australia; and
28
(ii) inside the seaward boundary of the exclusive economic
29
zone, or above the continental shelf, between the lines
30
Schedule 1 Amendments
4
Environment Protection and Biodiversity Conservation Amendment
(Great Australian Bight) Bill 2018
No. , 2018
of longitude passing through Cape Pasley in Western
1
Australia and Cape Carnot in South Australia; or
2
(b) the seabed under those waters; or
3
(c) the airspace over those waters.
4
greenhouse gas activity has the same meaning as in the Offshore
5
Petroleum and Greenhouse Gas Storage (Environment)
6
Regulations 2009.
7
NOPSEMA means the National Offshore Petroleum Safety and
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Environmental Management Authority.
9
NOPSEMA program means the Program Report--Strategic
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Assessment of the environmental management authorisation
11
process for petroleum and greenhouse gas storage activities
12
administered by the National Offshore Petroleum Safety and
13
Environmental Management Authority under the Offshore
14
Petroleum and Greenhouse Gas Storage Act 2006 as in force at the
15
commencement of this section.
16
petroleum activity has the same meaning as in the Offshore
17
Petroleum and Greenhouse Gas Storage (Environment)
18
Regulations 2009.
19
3 Section 101
20
After "section 87", insert "or 87A".
21
4 Paragraph 101A(4)(a)
22
After "section 87", insert "or 87A".
23
5 Subsection 146B(1)
24
After "may", insert ", by legislative instrument,".
25
6 Paragraph 146B(2)(a)
26
Repeal the paragraph.
27
7 Subsections 146B(2A) to (5)
28
Repeal the subsections.
29
Amendments Schedule 1
No. , 2018
Environment Protection and Biodiversity Conservation Amendment
(Great Australian Bight) Bill 2018
5
8 Paragraph 146D(1)(b)
1
Omit all the words after "action by", substitute "any person who may
2
take the action in accordance with the endorsed policy, plan or
3
program".
4
9 Subsection 158A(1) (paragraph (d) of the definition of
5
approval process decision)
6
After "section 87", insert "or 87A".
7
Schedule 2 Modifications of 2014 approval
6
Environment Protection and Biodiversity Conservation Amendment
(Great Australian Bight) Bill 2018
No. , 2018
Schedule 2--Modifications of 2014 approval
1
2
1 Definitions
3
In this Schedule:
4
2014 approval means the approval, as in force at the
5
commencement of this Schedule, given on 27 February 2014 by
6
the Minister responsible for administering the Environment
7
Protection and Biodiversity Conservation Act 1999 under
8
section 146B of that Act.
9
Note:
A copy of the 2014 approval could in 2018 be viewed on the website
10
of the Department of Industry, Innovation and Science
11
(http://www.industry.gov.au).
12
approved class of actions has the same meaning as in the 2014
13
approval.
14
coastal waters of a State has the same meaning as in the
15
Environment Protection and Biodiversity Conservation Act 1999.
16
petroleum and greenhouse gas activities has the same meaning as
17
in the 2014 approval.
18
2 Modifications of 2014 approval
19
(1)
The 2014 approval has effect as if the approved class of actions
20
excluded actions which are petroleum and greenhouse gas activities that
21
are taken:
22
(a) in the waters of the sea known as the Great Australian Bight
23
in the Southern Ocean that are:
24
(i) beyond the outer limits of the coastal waters of South
25
Australia or Western Australia; and
26
(ii) inside the seaward boundary of the exclusive economic
27
zone, or above the continental shelf, between the lines
28
of longitude passing through Cape Pasley in Western
29
Australia and Cape Carnot in South Australia; or
30
(b) on or below the seabed under those waters; or
31
(c) in the airspace over those waters.
32
Modifications of 2014 approval Schedule 2
No. , 2018
Environment Protection and Biodiversity Conservation Amendment
(Great Australian Bight) Bill 2018
7
(2)
The 2014 approval has effect as if the reference in the 2014 approval,
1
under the heading "Relevant controlling provisions", to the marine
2
environment did not include a reference to an area mentioned in
3
subitem (1) of this item.
4
3 Application of modifications
5
The modifications of the 2014 approval made by this Schedule
6
apply in relation to an application for approval to take an action
7
made under the Environment Protection and Biodiversity
8
Conservation Act 1999 after the commencement of this Schedule.
9