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

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (INDEPENDENT EXPERT SCIENTIFIC COMMITTEE ON COAL SEAM GAS AND LARGE COAL MINING DEVELOPMENT) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Independent
Expert Scientific Committee on Coal
Seam Gas and Large Coal Mining
Development) Bill 2012
No. , 2012
(Sustainability, Environment, Water, Population and Communities)
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 (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Environment Protection and
Biodiversity Conservation Act 1999
3
Environment Protection and Biodiversity Conservation Amendment (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012 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 (Independent Expert
7
Scientific Committee on Coal Seam Gas and Large Coal Mining
8
Development) Act 2012.
9
2 Commencement
10
(1) Each provision of this Act specified in column 1 of the table
11
commences, or is taken to have commenced, in accordance with
12
2 Environment Protection and Biodiversity Conservation Amendment (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012
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
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence before 1 July 2012, they
commence on that day.
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
Amendment of the Environment Protection and Biodiversity Conservation Act 1999
Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012 3
Schedule 1--Amendment of the Environment
1
Protection and Biodiversity
2
Conservation Act 1999
3
4
1 After subsection 130(4)
5
Insert:
6
Time does not run while awaiting advice from Independent Expert
7
Scientific Committee
8
(4A) If, under section 131AB, the Minister is required to obtain advice
9
from the Independent Expert Scientific Committee on Coal Seam
10
Gas and Large Coal Mining Development before making a
11
decision whether or not to approve the taking of an action, a day is
12
not to be counted as a business day for the purposes of
13
subsection (1B) if it is:
14
(a) on or after the day the Minister requested the advice; and
15
(b) on or before the day on which the Minister obtains the
16
advice.
17
2 After section 131AA
18
Insert:
19
131AB Minister must obtain advice from Independent Expert
20
Scientific Committee on Coal Seam Gas and Large Coal
21
Mining Development
22
(1) This section applies if:
23
(a) the taking of an action, for the purposes of a controlling
24
provision, involves:
25
(i) coal seam gas development; or
26
(ii) large coal mining development; and
27
(b) the Minister believes that the taking of the action:
28
(i) is likely to have a significant impact on water resources;
29
and
30
(ii) may have an adverse impact on a matter protected by a
31
provision of Part 3.
32
Schedule 1 Amendment of the Environment Protection and Biodiversity Conservation
Act 1999
4 Environment Protection and Biodiversity Conservation Amendment (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012
(2) Before the Minister decides whether or not to approve, for the
1
purposes of the controlling provision, the taking of the action, the
2
Minister must obtain the advice of the Independent Expert
3
Scientific Committee on Coal Seam Gas and Large Coal Mining
4
Development.
5
3 After paragraph 136(2)(f)
6
Insert:
7
(fa) any relevant advice obtained by the Minister from the
8
Independent Expert Scientific Committee on Coal Seam Gas
9
and Large Coal Mining Development in accordance with
10
section 131AB; and
11
4 After Division 2A of Part 19
12
Insert:
13
Division 2B--Establishment and functions of the
14
Independent Expert Scientific Committee on
15
Coal Seam Gas and Large Coal Mining
16
Development
17
505C Establishment
18
(1) The Independent Expert Scientific Committee on Coal Seam Gas
19
and Large Coal Mining Development is established.
20
(2) The Committee is to consist of at least 5, but not more than 8,
21
members.
22
(3) A member of the Committee is to be appointed by the Minister by
23
written instrument, on a part-time basis.
24
(4) The Minister must appoint one member of the Committee to be the
25
Chair.
26
(5) When appointing members of the Committee, the Minister must
27
ensure that:
28
(a) each member (other than the Chair) possesses appropriate
29
scientific qualifications that the Minister considers relevant to
30
the performance of the Committee's functions; and
31
Amendment of the Environment Protection and Biodiversity Conservation Act 1999
Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012 5
(b) each member's appointment is not being made to represent
1
any particular body, group or community.
2
Note:
Other provisions relating to members are set out in Division 3.
3
505D Functions of the Committee
4
(1) The Committee has the following functions:
5
(a) within 2 months of a request by the Minister (the
6
Environment Minister)--to provide scientific advice to the
7
Environment Minister in relation to proposed coal seam gas
8
developments or large coal mining developments that are
9
likely to have a significant impact on water resources;
10
(b) within 2 months of a request by an appropriate Minister of a
11
declared State or Territory--to provide scientific advice to
12
the Minister in relation to proposed coal seam gas
13
developments or large coal mining developments in the
14
relevant State or Territory that are likely to have a significant
15
impact on water resources;
16
(c) at the request of the Environment Minister--to provide
17
advice to the Environment Minister about:
18
(i) how bioregional assessments should be conducted in
19
areas where coal seam gas development or large coal
20
mining development is being carried out or is proposed;
21
and
22
(ii) priority areas in which bioregional assessments should
23
be undertaken; and
24
(iii) bioregional assessments commissioned by the Minister;
25
(d) at the request of the Environment Minister--to provide
26
advice to the Environment Minister about:
27
(i) priorities for research projects to improve scientific
28
understanding of the impacts of coal seam gas
29
developments and large coal mining developments on
30
water resources; and
31
(ii) research projects commissioned by the Minister in
32
relation to the impacts of coal seam gas developments
33
and large coal mining developments on water resources;
34
(e) to publish information about improving the consistency and
35
comparability of research in relation to the impacts of coal
36
Schedule 1 Amendment of the Environment Protection and Biodiversity Conservation
Act 1999
6 Environment Protection and Biodiversity Conservation Amendment (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012
seam gas developments and large coal mining developments
1
on water resources;
2
(f) to publish information relating to the development of
3
standards for protecting water resources from the impacts of
4
coal seam gas development and large coal mining
5
development;
6
(g) to collect, analyse, interpret and disseminate scientific
7
information in relation to the impacts of coal seam gas
8
development and large coal mining development on water
9
resources;
10
(h) any other functions prescribed by the regulations;
11
(i) to do anything incidental to, or conducive to, the performance
12
of the above functions.
13
(2) The Committee also has the following functions:
14
(a) at the request of the Environment Minister--to provide
15
scientific advice to the Environment Minister in relation to a
16
matter that is protected by a provision of Part 3;
17
(b) at the request of the appropriate Minister of a declared State
18
or Territory and with the written agreement of the
19
Environment Minister--to provide scientific advice to the
20
Minister of the State or Territory in relation to the matters
21
specified in the request, if the Committee has sufficient
22
scientific expertise.
23
505E Declared States and Territories
24
(1) The Minister may, by legislative instrument, declare a specified
25
State or self-governing Territory to be a declared State or
26
Territory.
27
(2) The Minister must not declare a State or a self-governing Territory
28
unless, at the time of the declaration, the State or Territory is a
29
party to the National Partnership Agreement on Coal Seam Gas
30
and Large Scale Coal Mining Development between the
31
Commonwealth and one or more States or self-governing
32
Territories that commenced on 14 February 2012.
33
5 At the end of section 506
34
Add:
35
Amendment of the Environment Protection and Biodiversity Conservation Act 1999
Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012 7
; (d) the Independent Expert Scientific Committee on Coal Seam
1
Gas and Large Coal Mining Development.
2
6 Section 528
3
Insert:
4
bioregional assessment, in relation to an area, means the scientific
5
analysis of the ecology, hydrology and geology of the area for the
6
purpose of assessing the potential direct and indirect impacts of
7
coal seam gas development or large coal mining development on
8
water resources in the area.
9
7 Section 528
10
Insert:
11
coal seam gas development means any activity involving coal
12
seam gas extraction that has, or is likely to have, a significant
13
impact on water resources:
14
(a) in its own right; or
15
(b) when considered with other developments, whether past,
16
present or reasonably foreseeable developments.
17
8 Section 528
18
Insert:
19
declared State or Territory means a State or self-governing
20
Territory that is declared by the Minister under section 505E.
21
9 Section 528
22
Insert:
23
Independent Expert Scientific Committee on Coal Seam Gas and
24
Large Coal Mining Development means the Committee
25
established by section 505C.
26
10 Section 528
27
Insert:
28
Schedule 1 Amendment of the Environment Protection and Biodiversity Conservation
Act 1999
8 Environment Protection and Biodiversity Conservation Amendment (Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 No.
, 2012
large coal mining development means any coal mining activity
1
that has, or is likely to have, a significant impact on water
2
resources:
3
(a) in its own right; or
4
(b) when considered with other developments, whether past,
5
present or reasonably foreseeable developments.
6
11 Section 528
7
Insert:
8
water resource has the same meaning as in the Water Act 2007.
9

 

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