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This is a Bill, not an Act. For current law, see the Acts databases.
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (EMERGENCY LISTINGS) 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 (Emergency
Listings) 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 (Emergency Listings)
Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Environment Protection and Biodiversity Conservation Act 1999
3
Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) 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 (Emergency Listings) Act
7
2011.
8
2 Commencement
9
This Act commences on the day this Act receives the Royal
10
Assent.
11
2 Environment Protection and Biodiversity Conservation Amendment (Emergency
Listings) Bill 2011 No. , 2011
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repealed as set out in the applicable items in the Schedule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
6
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill
2011 No. , 2011 3
Schedule 1--Amendments
1
2
Environment Protection and Biodiversity Conservation Act
3
1999
4
1 Subsection 158A(1) (paragraph (i) of the definition of listing
5
event)
6
After "threatened species", insert ", other than in accordance with
7
subsection 194V(1)".
8
2 Subsection 158A(1) (paragraph (j) of the definition of listing
9
event)
10
After "threatened ecological community", insert ", other than in
11
accordance with subsection 194ZC(1)".
12
3 Paragraph 184(1)(a)
13
After "AA", insert ", AB or AC".
14
4 After Subdivision AA of Division 1 of Part 13 of Chapter 5
15
Insert:
16
Subdivision AB--Emergency listing process for threatened
17
species
18
194U Definitions
19
In this Subdivision:
20
threatened species list means the list referred to in section 178.
21
194V Minister may include species in threatened species list if under
22
threat
23
(1) If the Minister believes that:
24
(a) a native species is eligible to be included in a category in the
25
threatened species list; and
26
Schedule 1 Amendments
4 Environment Protection and Biodiversity Conservation Amendment (Emergency
Listings) Bill 2011 No. , 2011
(b) the native species is under threat of a significant adverse
1
impact; and
2
(c) the threat is both likely and imminent;
3
the Minister may, by instrument published in the Gazette, include
4
the species in the threatened species list.
5
(2)
If:
6
(a) the native species is included in the threatened species list in
7
accordance with subsection (1); and
8
(b) before that inclusion of the species, the species was being
9
considered for inclusion in the list under the process set out
10
in Subdivision AA;
11
that process ceases to apply to the species when it is included in the
12
list in accordance with subsection (1).
13
(3) If the species is included in the threatened species list in
14
accordance with subsection (1), the Minister must, within 10
15
business days after the inclusion of the species, publish a copy of
16
the instrument under subsection (1):
17
(a) on the internet; and
18
(b) in accordance with any other requirements specified in the
19
regulations.
20
194W Minister to ask Scientific Committee for assessment
21
(1) If the Minister includes a species in the threatened species list
22
under section 194V, the Minister must, in writing, request the
23
Scientific Committee to give the Minister an assessment of
24
whether the species is eligible to be included in a category in the
25
threatened species list.
26
(2) The request must specify the assessment completion time for the
27
assessment.
28
Note:
When specifying an assessment completion time, the 12-month period
29
referred to in subsection 194ZA(1) should be considered.
30
194X Publication of listing of species and inviting comments
31
(1) If the Scientific Committee receives a request under subsection
32
194W(1) in relation to a species that has been included in the
33
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill
2011 No. , 2011 5
threatened species list, the Committee must publish a notice
1
inviting people to comment on the listing of the species.
2
(2) A notice under subsection (1) in relation to a species:
3
(a) must be published in accordance with the regulations referred
4
to in paragraph (3)(a); and
5
(b) must contain the following:
6
(i) a description of the species;
7
(ii) a statement that the species has been included in the
8
threatened species list;
9
(iii) the date on which the species was so included; and
10
(c) must invite people to make comments, to the Scientific
11
Committee, about:
12
(i) whether the species is eligible to be included in a
13
category in the threatened species list; and
14
(ii) whether the species should continue to be included in
15
the threatened species list; and
16
(d) must specify the date (the cut-off date) by which comments
17
must be received, which must be at least 30 business days
18
after the notice has been published as required by
19
paragraph (a); and
20
(e) must specify, or refer to, the manner and form requirements
21
that, under regulations referred to in paragraph (3)(b), apply
22
to making comments.
23
(3) The regulations may provide for either or both of the following:
24
(a) how a notice under subsection (1) is to be published;
25
(b) the manner and form for making comments.
26
194Y Scientific Committee to assess listing of species and give
27
assessment to Minister
28
(1) Section 194N applies in relation to a request under subsection
29
194W(1) as if:
30
(a) a reference in section 194N to an item included in the
31
finalised priority assessment list for an assessment period
32
were a reference to the species to which the request relates;
33
and
34
Schedule 1 Amendments
6 Environment Protection and Biodiversity Conservation Amendment (Emergency
Listings) Bill 2011 No. , 2011
(b) a reference in section 194N to the notice under subsection
1
194M(1) in relation to the item were a reference to the notice
2
under subsection 194X(1) in relation to the species; and
3
(c) a reference in section 194N to regulations referred to in
4
paragraph 194M(4)(b) were a reference to regulations
5
referred to in paragraph 194X(3)(b); and
6
(d) a reference in section 194N to whether an item is eligible for
7
inclusion in a Subdivision A List were a reference to whether
8
the species should continue to be included in the threatened
9
species list.
10
(2) A reference in another provision of this Act to section 194N, or to
11
a provision of that section, includes a reference to that section or
12
provision as it applies because of this section.
13
194Z Time by which assessments to be provided to Minister
14
(1) Section 194P applies in relation to a request under subsection
15
194W(1) as if:
16
(a) a reference in section 194P to an item included in the
17
finalised priority assessment list for an assessment period
18
were a reference to the species to which the request relates;
19
and
20
(b) a reference in section 194P to the assessment completion
21
time specified in the list for the item were a reference to the
22
assessment completion time specified in the request.
23
(2) A reference in another provision of this Act to section 194P, or to a
24
provision of that section, includes a reference to that section or
25
provision as it applies because of this section.
26
194ZA Decision about species remaining in the threatened species
27
list
28
Minister to decide whether species should remain listed
29
(1) Within 12 months after the inclusion of a species in the threatened
30
species list under section 194V, the Minister must, by instrument
31
published in the Gazette, subject to subsections (2) and (3), do one
32
of the following:
33
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill
2011 No. , 2011 7
(a) state that the species remains in the threatened species list;
1
(b) alter the category in which the species is included in the
2
threatened species list;
3
(c) remove the species from the threatened species list.
4
(2) The Minister must not take action under subsection (1) unless the
5
Minister has received an assessment from the Scientific Committee
6
under section 194N in relation to the species.
7
(3) The Minister must not take action under subsection (1) that results
8
in the species remaining in the threatened species list (whether or
9
not in the same or a different category) unless the Minister is
10
satisfied that the species is eligible to be included in a category in
11
the threatened species list.
12
Listing lapses automatically if action not taken within 12 months of
13
listing
14
(4) If the Minister does not take action under subsection (1) within the
15
period referred to in that subsection, the species is automatically
16
removed from the threatened species list, by force of this
17
subsection, at the end of that period.
18
Note:
This subsection applies even if the Minister is prevented from taking
19
action under subsection (1) because of subsection (2).
20
Matters to be considered
21
(5) For the purpose of deciding what action to take under
22
subsection (1) in relation to the species:
23
(a) the Minister must have regard to:
24
(i) the Scientific Committee's assessment whether the
25
species is eligible to be included in a category in the
26
threatened species list; and
27
(ii) the comments (if any), a copy of which were given to
28
the Minister under subsection 194N(1) with the
29
assessment; and
30
(b) the Minister may seek, and have regard to, information or
31
advice from any source.
32
Schedule 1 Amendments
8 Environment Protection and Biodiversity Conservation Amendment (Emergency
Listings) Bill 2011 No. , 2011
Minister to publish copy or summary of subsection (1) notice
1
(6) The Minister must publish a copy or summary of the instrument
2
referred to in subsection (1). The regulations may specify how the
3
publication is to be made. Subject to any such regulations, the
4
publication must be made in a way that the Minister considers
5
appropriate.
6
Additional requirements if species is removed under subsection (1)
7
(7) If, under subsection (1), the Minister removes a species from the
8
threatened species list, or alters the category in which the species is
9
included, the Minister must, within 10 business days after the
10
removal or alteration, publish a copy of the instrument referred to
11
in subsection (1) on the internet.
12
Requirements if species is removed under subsection (4)
13
(8) If, under subsection (4), the species is removed from the threatened
14
species list, the Minister must, within 10 business days after the
15
removal, publish notice of the removal on the internet.
16
Subdivision AC--Emergency listing process for threatened
17
ecological communities
18
194ZB Definitions
19
In this Subdivision:
20
threatened communities list means the list referred to in
21
section 181.
22
194ZC Minister may include ecological community in threatened
23
ecological communities list if under threat
24
(1) If the Minister believes that:
25
(a) an ecological community is eligible to be included in a
26
category in the threatened communities list; and
27
(b) the ecological community is under threat of a significant
28
adverse impact; and
29
(c) the threat is both likely and imminent;
30
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill
2011 No. , 2011 9
the Minister may, by instrument published in the Gazette, include
1
the species in the threatened communities list.
2
(2)
If:
3
(a) the ecological community is included in the threatened
4
communities list in accordance with subsection (1); and
5
(b) before that inclusion of the ecological community, the
6
community was being considered for inclusion in the list
7
under the process set out in Subdivision AA;
8
that process ceases to apply to the ecological community when it is
9
included in the list in accordance with subsection (1).
10
(3) If the ecological community is included in the threatened
11
communities list in accordance with subsection (1), the Minister
12
must, within 10 business days after the inclusion of the community,
13
publish a copy of the instrument under subsection (1):
14
(a) on the internet; and
15
(b) in accordance with any other requirements specified in the
16
regulations.
17
194ZD Minister to ask Scientific Committee for assessment
18
(1) If the Minister includes an ecological community in the threatened
19
communities list under section 194ZC, the Minister must, in
20
writing, request the Scientific Committee to give the Minister an
21
assessment of whether the ecological community is eligible to be
22
included in a category in the threatened communities list.
23
(2) The request must specify the assessment completion time for the
24
assessment.
25
Note:
When specifying an assessment completion time, the 12-month period
26
referred to in subsection 194ZH(1) should be considered.
27
194ZE Publication of listing of ecological community and inviting
28
comments
29
(1) If the Scientific Committee receives a request under subsection
30
194ZD(1) in relation to an ecological community that has been
31
included in the threatened communities list, the Committee must
32
publish a notice inviting people to comment on the listing of the
33
ecological community.
34
Schedule 1 Amendments
10 Environment Protection and Biodiversity Conservation Amendment (Emergency
Listings) Bill 2011 No. , 2011
(2) A notice under subsection (1) in relation to an ecological
1
community:
2
(a) must be published in accordance with the regulations referred
3
to in paragraph (3)(a); and
4
(b) must contain the following:
5
(i) a description of the ecological community;
6
(ii) a statement that the community has been included in the
7
threatened communities list;
8
(iii) the date on which the community was so included; and
9
(c) must invite people to make comments, to the Scientific
10
Committee, about:
11
(i) whether the community is eligible to be included in a
12
category in the threatened communities list; and
13
(ii) whether the community should continue to be included
14
in the threatened communities list; and
15
(d) must specify the date (the cut-off date) by which comments
16
must be received, which must be at least 30 business days
17
after the notice has been published as required by
18
paragraph (a); and
19
(e) must specify, or refer to, the manner and form requirements
20
that, under regulations referred to in paragraph (3)(b), apply
21
to making comments.
22
(3) The regulations may provide for either or both of the following:
23
(a) how a notice under subsection (1) is to be published;
24
(b) the manner and form for making comments.
25
194ZF Scientific Committee to assess listing of ecological community
26
and give assessment to Minister
27
(1) Section 194N applies in relation to a request under subsection
28
194ZD(1) as if:
29
(a) a reference in section 194N to an item included in the
30
finalised priority assessment list for an assessment period
31
were a reference to the ecological community to which the
32
request relates; and
33
(b) a reference in section 194N to the notice under subsection
34
194M(1) in relation to the item were a reference to the notice
35
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill
2011 No. , 2011 11
under subsection 194ZE(1) in relation to the ecological
1
community; and
2
(c) a reference in section 194N to regulations referred to in
3
paragraph 194M(4)(b) were a reference to regulations
4
referred to in paragraph 194ZE(3)(b); and
5
(d) a reference in section 194N to whether an item is eligible for
6
inclusion in a Subdivision A List were a reference to whether
7
the ecological community should continue to be included in
8
the threatened communities list.
9
(2) A reference in another provision of this Act to section 194N, or to
10
a provision of that section, includes a reference to that section or
11
provision as it applies because of this section.
12
194ZG Time by which assessments to be provided to Minister
13
(1) Section 194P applies in relation to a request under subsection
14
194ZD(1) as if:
15
(a) a reference in section 194P to an item included in the
16
finalised priority assessment list for an assessment period
17
were a reference to the ecological community to which the
18
request relates; and
19
(b) a reference in section 194P to the assessment completion
20
time specified in the list for the item were a reference to the
21
assessment completion time specified in the request.
22
(2) A reference in another provision of this Act to section 194P, or to a
23
provision of that section, includes a reference to that section or
24
provision as it applies because of this section.
25
194ZH Decision about ecological community remaining in the
26
threatened communities list
27
Minister to decide whether ecological community should remain
28
listed
29
(1) Within 12 months after the inclusion of an ecological community
30
in the threatened communities list under section 194ZC, the
31
Minister must, by instrument published in the Gazette, subject to
32
subsections (2) and (3), do one of the following:
33
Schedule 1 Amendments
12 Environment Protection and Biodiversity Conservation Amendment (Emergency
Listings) Bill 2011 No. , 2011
(a) state that the ecological community remains in the threatened
1
communities list;
2
(b) alter the category in which the ecological community is
3
included in the threatened communities list;
4
(c) remove the ecological community from the threatened
5
communities list.
6
(2) The Minister must not take action under subsection (1) unless the
7
Minister has received an assessment from the Scientific Committee
8
under section 194N in relation to the ecological community.
9
(3) The Minister must not take action under subsection (1) that results
10
in the ecological community remaining in the threatened
11
communities list (whether or not in the same or a different
12
category) unless the Minister is satisfied that the ecological
13
community is eligible to be included in a category in the threatened
14
communities list.
15
Listing lapses automatically if action not taken within 12 months of
16
listing
17
(4) If the Minister does not take action under subsection (1) within the
18
period referred to in that subsection, the ecological community is
19
automatically removed from the threatened communities list, by
20
force of this subsection, at the end of that period.
21
Note:
This subsection applies even if the Minister is prevented from taking
22
action under subsection (1) because of subsection (2).
23
Matters to be considered
24
(5) For the purpose of deciding what action to take under
25
subsection (1) in relation to the species:
26
(a) the Minister must have regard to:
27
(i) the Scientific Committee's assessment whether the
28
ecological community is eligible to be included in a
29
category in the threatened communities list; and
30
(ii) the comments (if any), a copy of which were given to
31
the Minister under subsection 194N(1) with the
32
assessment; and
33
(b) the Minister may seek, and have regard to, information or
34
advice from any source.
35
Amendments Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill
2011 No. , 2011 13
Minister to publish copy or summary of subsection (1) notice
1
(6) The Minister must publish a copy or summary of the instrument
2
referred to in subsection (1). The regulations may specify how the
3
publication is to be made. Subject to any such regulations, the
4
publication must be made in a way that the Minister considers
5
appropriate.
6
Additional requirements if ecological community is removed under
7
subsection (1)
8
(7) If, under subsection (1), the Minister removes an ecological
9
community from the threatened communities list, or alters the
10
category in which the community is included, the Minister must,
11
within 10 business days after the removal or alteration, publish a
12
copy of the instrument referred to in subsection (1) on the internet.
13
Requirements if ecological community is removed under
14
subsection (4)
15
(8) If, under subsection (4), the ecological community is removed
16
from the threatened communities list, the Minister must, within 10
17
business days after the removal, publish notice of the removal on
18
the internet.
19
5 Subsection 391(3) (after table item 2)
20
Insert:
21
2A
184
whether or not to amend a list referred to in
section 178, 181 or 183
2B
194V
whether or not to include a native species in
the list referred to in section 178
2C
194ZA
whether or not a native species is to remain on
the list referred to in section 178
2D 194ZC
whether
or
not
to include an ecological
community in the list referred to in
section 181
2E
194ZH
whether or not an ecological community is to
remain on the list referred to in section 181
22