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This is a Bill, not an Act. For current law, see the Acts databases.


ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (PROTECTING AUSTRALIA'S WATER RESOURCES) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Protecting
Australia's Water Resources) Bill 2011
No. , 2011
(Senator Waters)
A Bill for an Act to amend the Environment
Protection and Biodiversity Conservation Act 1999,
and for related purposes
i Environment Protection and Biodiversity Conservation Amendment (Protecting Australia's
Water Resources) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Environment Protection and Biodiversity Act 1999
3
Environment Protection and Biodiversity Conservation Amendment (Protecting Australia's Water
Resources) Bill 2011 No. , 2011 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 may be cited as the Environment Protection and
6
Biodiversity Conservation Amendment (Protecting Australia's
7
Water Resources) Act 2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 Environment Protection and Biodiversity Conservation Amendment (Protecting
Australia's Water Resources) Bill 2011 No. , 2011
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal
Assent.
2. Schedule 1
1 November 2011.
1 November
2011
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
15
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Protecting Australia's Water
Resources) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Environment Protection and Biodiversity Act 1999
3
1 After Subdivision FA of Division 1 of Part 3
4
Insert:
5
Subdivision FB--Protection of water resources from mining
6
operations
7
24D Requirement for approval of mining operations with a
8
significant impact on water resources
9
(1) A constitutional corporation, the Commonwealth or a
10
Commonwealth agency must not take an action in the course of
11
mining operations that has, will have or is likely to have a
12
significant impact on the quality, structural integrity or hydraulic
13
balance of a water resource.
14
Civil Penalty:
15
(a) for an individual--5,000 penalty units;
16
(b) for a body corporate--50,000 penalty units.
17
(2) A person must not, for the purposes of trade or commerce:
18
(a) between Australia and another country; or
19
(b) between 2 States; or
20
(c) between a State and Territory; or
21
(d) between 2 Territories;
22
take an action in the course of mining operations that has, will have
23
or is likely to have a significant impact on the quality, structural
24
integrity or hydraulic balance of a water resource.
25
Civil Penalty:
26
(a) for an individual--5,000 penalty units;
27
(b) for a body corporate--50,000 penalty units.
28
(3) A person must not take an action in the course of mining
29
operations in:
30
Schedule 1 Amendments
4 Environment Protection and Biodiversity Conservation Amendment (Protecting
Australia's Water Resources) Bill 2011 No. , 2011
(a) a Commonwealth area; or
1
(b)
a
Territory;
2
that has, will have or is likely to have a significant impact on the
3
quality, structural integrity or hydraulic balance of a water
4
resource.
5
Civil Penalty:
6
(a) for an individual--5,000 penalty units;
7
(b) for a body corporate--50,000 penalty units.
8
(4) Subsections (1) to (3) (inclusive) do not apply to an action if:
9
(a) an approval of the taking of the action by the constitutional
10
corporation, Commonwealth agency, Commonwealth or
11
person is in operation under Part 9 for the purposes of this
12
section; or
13
(b) Part 4 lets the constitutional corporation, Commonwealth
14
agency, Commonwealth or person take the action without an
15
approval under Part 9 for the purposes of this section; or
16
(c) there is in force a decision of the Minister under Division 2
17
of Part 7 that this section is not a controlling provision for the
18
action and, if the decision was made because the Minister
19
believed the action would be taken in a manner specified in
20
the notice of the decision under section 77, the action is taken
21
in that manner; or
22
(d) the action is an action described in subsection 160(2) (which
23
describes actions whose authorisation is subject to a special
24
environmental assessment process).
25
24E What are mining operations?
26
(1) The following are mining operations:
27
(a) operations or activities connected with, or incidental to, the
28
mining or recovery of minerals (including petroleum or gas)
29
or the production of material from minerals, including:
30
(i) prospecting and exploration for minerals; and
31
(ii) milling, refining, treatment and processing of minerals;
32
and
33
(iii) storage and disposal of minerals and materials produced
34
from minerals;
35
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Protecting Australia's Water
Resources) Bill 2011 No. , 2011 5
(b) the construction and use of towns, camps, dams, pipelines
1
power lines or other structures for the purposes of operations
2
or activities described in paragraph (a);
3
(c) the performance of any other work for the purposes of
4
operations or activities described in paragraph (a).
5
(2)
A
mineral is any non-living substance that can be extracted from
6
the ground, whether naturally occurring or created by or during the
7
process of extraction:
8
(a) including, but not limited to, coal, ores, petroleum, natural
9
gas, coal seam gas, rock, sand and gravel; but
10
(b) not including water, except where water is extracted as a part
11
of the process of extracting another substance.
12
24F What is a water resource?
13
A water resource is:
14
(a) the whole or any part of a river, lake, aquifer or other place
15
where water occurs naturally on or below the surface of the
16
ground, whether permanently, seasonally or during unusually
17
wet seasons; or
18
(b) any recharge zone or system for such a place.
19
24G Offences relating to mining operations
20
(1) A constitutional corporation, or a Commonwealth agency that does
21
not enjoy the immunities of the Commonwealth, commits an
22
offence if:
23
(a) the corporation or agency takes an action in the course of
24
mining operations; and
25
(b) the action results or will result in a significant impact on the
26
quality, structural integrity or hydraulic balance of a water
27
resource.
28
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
29
(2) A constitutional corporation, or a Commonwealth agency that does
30
not enjoy the immunities of the Commonwealth, commits an
31
offence if:
32
Schedule 1 Amendments
6 Environment Protection and Biodiversity Conservation Amendment (Protecting
Australia's Water Resources) Bill 2011 No. , 2011
(a) the corporation or agency takes an action in the course of
1
mining operations; and
2
(b) the action is likely to have a significant impact on the quality,
3
structural integrity or hydraulic balance of a water resource.
4
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
5
(3) A person commits an offence if:
6
(a) the person takes an action in the course of mining operations;
7
and
8
(b) the action is taken for the purposes of trade or commerce:
9
(i) between Australia and another country; or
10
(ii) between 2 States; or
11
(iii) between a State and Territory; or
12
(iv) between 2 Territories; and
13
(c) the action results or will result in a significant impact on the
14
quality, structural integrity or hydraulic balance of a water
15
resource.
16
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
17
(4) A person commits an offence if:
18
(a) the person takes an action in the course of mining operations;
19
and
20
(b) the action is taken for the purposes of trade or commerce:
21
(i) between Australia and another country; or
22
(ii) between 2 States; or
23
(iii) between a State and Territory; or
24
(iv) between 2 Territories; and
25
(c) the action is likely to have a significant impact on the quality,
26
structural integrity or hydraulic balance of a water resource.
27
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
28
(5) A person commits an offence if:
29
(a) the person takes an action in the course of mining operations;
30
and
31
(b) the action is taken in:
32
(i) a Commonwealth area; or
33
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Protecting Australia's Water
Resources) Bill 2011 No. , 2011 7
(ii) a Territory; and
1
(c) the action results or will result in a significant impact on the
2
quality, structural integrity or hydraulic balance of a water
3
resource.
4
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
5
(6) A person commits an offence if:
6
(a) the person takes an action in the course of mining operations;
7
and
8
(b) the action is taken in:
9
(i) a Commonwealth area; or
10
(ii) a Territory; and
11
(c) the action is likely to have a significant impact on the quality,
12
structural integrity or hydraulic balance of a water resource.
13
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
14
Note 1:
An executive officer of a body corporate convicted of an offence
15
against this section may also commit an offence against section 495.
16
Note 2:
If a person takes an action on land that contravenes this section, a
17
landholder may commit an offence against section 496C.
18
(7) Subsections (1) to (6) (inclusive) do not apply to an action if:
19
(a) an approval of the taking of the action by the constitutional
20
corporation, Commonwealth agency or person is in operation
21
under Part 9 for the purposes of this section; or
22
(b) Part 4 lets the constitutional corporation, Commonwealth
23
agency or person take the action without an approval under
24
Part 9 for the purposes of this section; or
25
(c) there is in force a decision of the Minister under Division 2
26
of Part 7 that this section is not a controlling provision for the
27
action and, if the decision was made because the Minister
28
believed the action would be taken in a manner specified in
29
the notice of the decision under section 77, the action is taken
30
in that manner; or
31
(d) the action is an action described in subsection 160(2) (which
32
describes actions whose authorisation is subject to a special
33
environmental assessment process).
34
Note:
The defendant bears an evidential burden in relation to the matters in
35
this subsection. See subsection 13.3(3) of the Criminal Code.
36
Schedule 1 Amendments
8 Environment Protection and Biodiversity Conservation Amendment (Protecting
Australia's Water Resources) Bill 2011 No. , 2011
2 At the end of subsection 25AA(2)
1
Add:
2
; (i) subsections 24G(1) to (6).
3
3 At the end of subsection 25AA(3)
4
Add:
5
; (i) subsections 24D(1) to (3).
6
4 Section 34 (after table item 13G)
7
Insert:
8
9
13H
section 24D
water resources
13I
section 24G
water resources
5 At the end of Division 6 of Part 4
10
Add:
11
43C Mining operations with prior authorisation
12
A person may take an action described in a provision of
13
Subdivision FB of Division 1 of Part 3 without an approval under
14
Part 9 for the purposes of the provision if taking the action:
15
(a) was, or would have been, lawful immediately before the
16
commencement of Subdivision FB of Division 1 of Part 3;
17
and
18
(b) would be lawful at the time it is taken if Subdivision FB of
19
Division 1 of Part 3 had not been enacted.
20
6 At the end of subsection 355(1)
21
Add:
22
Note: For
mining operations, see section 24E.
23
7 Subsections 355(2) and (3)
24
Repeal the subsections.
25
8 After subparagraph 495(2)(a)(vi)
26
Insert:
27
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Protecting Australia's Water
Resources) Bill 2011 No. , 2011 9
(vib) section 24G (Offences relating to mining operations); or
1
9 After subparagraph 496C(1)(a)(vii)
2
Insert:
3
(viib) section 24G (Offences relating to mining operations); or
4
10 Section 528 (definition of mineral)
5
Omit "355(3)", substitute "24E(2)".
6
11 Section 528 (definition of mining operations)
7
Omit "355(2)", substitute "24E(1)".
8
12 Section 528
9
Insert:
10
water resource has the meaning given by section 24F.
11

 


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