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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Great
Barrier Reef) Bill 2013
No. , 2013
(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 (Great Barrier Reef) Bill
2013 No. , 2013
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendment
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Environment Protection and Biodiversity Conservation Act 1999
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Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef) Bill
2013 No. , 2013 1
A Bill for an Act to amend the Environment
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Protection and Biodiversity Conservation Act 1999,
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and for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Environment Protection and
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Biodiversity Conservation Amendment (Great Barrier Reef) Act
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2013.
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2 Commencement
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This Act commences on the day after this Act receives the Royal Assent.
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2 Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef)
Bill 2013 No. , 2013
3 Schedule(s)
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Each Act that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef) Bill
2013 No. , 2013 3
Schedule 1
--
Amendment
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Environment Protection and Biodiversity Conservation Act
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1999
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1 After Subdivision FA of Division 1 of Part 3 of Chapter 2
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Insert:
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Subdivision FB--Developments impacting the Great Barrier
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Reef World Heritage Area
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24D No port development in designated areas
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Notwithstanding any other provision of this Act, or of a regulation
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made pursuant to this Act, the Minister must not approve the taking
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of an action if:
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(a) the action relates to the building or development of a port
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outside existing port areas; or
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(b) the action relates to the building, development, expansion or
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improvement of a port located in any of the following areas:
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(i) the Fitzroy Delta;
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(ii) Balaclava Island;
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(iii) Port Alma;
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(iv) northern Curtis Island (north of 23°45'S);
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(v) the north section of the Great Barrier Reef as defined by
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Great Barrier Reef Marine Park Authority maps as at
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20 March 2013;
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(vi) any other area, to the extent that the building or
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development of the port in that area could have a
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significant impact on the environment of an area
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referred to in subparagraphs (i) to (v).
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24E Development of existing port
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(1) Notwithstanding any other provision of this Act, or of a regulation
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made pursuant to this Act, the Minister must not approve an action
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after 20 March 2013:
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Schedule 1
4 Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef)
Bill 2013 No. , 2013
(a) if the action would occur in an existing port area that is
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located in, or adjoining, the Great Barrier Reef world heritage
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area; and
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(b) if the action would impact individually or cumulatively on
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the world heritage values of the Great Barrier Reef world
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heritage area.
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24F Moratorium on all developments impacting the Reef until
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strategic assessment completed
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Notwithstanding any other provision of this Act, or of any
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regulation made for the purpose of this Act, the Minister must not
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give an approval, or revoke or amend an approval, for an activity
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that is likely to individually or cumulatively have a significant
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impact on the world heritage values of the Great Barrier Reef on or
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after 20 March 2013 unless:
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(a) a strategic assessment of the long term sustainability of
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development impacting the Great Barrier Reef world heritage
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area and areas adjoining the Great Barrier Reef world
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heritage area, has been undertaken; and
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(b) the strategic assessment has been provided to the World
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Heritage Committee for review and consideration; and
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(c) the World Heritage Committee has completed its review and
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consideration of the strategic assessment and has deemed it to
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be adequate.
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24G Minister cannot approve any developments which do not
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deliver a net benefit for the Great Barrier Reef world
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heritage area
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(1) Notwithstanding any other provision of this Act, or of any
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regulation made for the purpose of this Act, the Minister must not
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approve the taking of an action that impacts the Great Barrier Reef
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world heritage area if the action will not deliver an overall net
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benefit for the world heritage values of the Great Barrier Reef
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world heritage area.
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(2) The Minister must, within 6 months of the date that this section
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commences, make a determination, in writing, setting out a
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Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef) Bill
2013 No. , 2013 5
methodology to be applied to determine whether an activity has an
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overall net benefit for the Great Barrier Reef world heritage area.
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(3) The determination under subsection (2) is a legislative instrument.
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(4) In determining whether an action delivers an overall net benefit to
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the world heritage areas as required in subsection (1), the Minister
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must:
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(a) apply the methodology established under subsection (2); and
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(b) prepare a statement of reasons that clearly explains how the
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methodology in subsection (2) has been applied; and
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(c) publish the statement on the Department's website at the time
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the decision is made.
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