ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (MAKING MARINE PARKS ACCOUNTABLE) BILL 2012 [NO. 2]

i Environment Protection and Biodiversity Conservation Amendment (Making Marine Parks

Accountable) Bill 2012 No. , 2012

Contents

1 Short

title

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2 Commencement

.................................................................................

3 Schedule(s)

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Schedule 1--Amendments

Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation Amendment (Making Marine Parks

Accountable) Bill 2012 No. , 2012 1

A Bill for an Act to amend the Environment

Protection and Biodiversity Conservation Act 1999,

and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Environment Protection and

Biodiversity Conservation Amendment (Making Marine Parks

Accountable) Act 2012.

2 Commencement

This Act commences on the day this Act receives the Royal

Assent.

Amendments Schedule 1

Environment Protection and Biodiversity Conservation Amendment (Making Marine Parks

Accountable) Bill 2012 No. , 2012 3

Schedule 1--Amendments

Environment Protection and Biodiversity Conservation Act

1999

1 Section 343

At the end of the section, add:

The Minister must obtain, and the Director must report on,

scientific advice, stakeholders' views and an independent social

and economic impact assessment before Proclamations over areas

of sea (or over both land and sea) are made.

2 After subsection 344(1)

Insert:

(1A) Despite anything in section 44 of the Legislative Instruments Act

2003, section 42 (disallowance) of that Act applies to a

Proclamation under this section declaring as a Commonwealth

reserve an area of sea, or an area of land and sea.

3 At the end of subsection 351(2)

Add:

; and (d) if the Proclamation is to declare as a Commonwealth reserve

an area of sea, or an area of land and sea--include in the

report a summary of the Subdivision BA outcomes and the

Director's views on those outcomes.

4 At the end of section 351

Add:

(7)

The

Subdivision BA outcomes, in relation to a Proclamation, are:

(a) the report of each independent scientific reference panel

established under Subdivision BA for the proposal for the

Proclamation; and

(b) the report of each stakeholder advisory group established

under Subdivision BA for the proposal for the Proclamation;

and

Schedule 1 Amendments

4 Environment Protection and Biodiversity Conservation Amendment (Making Marine

Parks Accountable) Bill 2012 No. , 2012

impact of the proposal for the Proclamation commissioned

under Subdivision BA.

5 After Subdivision B of Division 4 of Part 15

Insert:

Subdivision BA--Proposal for Proclamation of Commonwealth

reserve over area of sea

352A Proposal for Proclamation of Commonwealth reserve over

area of sea

(1) Before the Governor-General makes a Proclamation under

Subdivision B declaring as a Commonwealth reserve an area of

sea, or an area of land and sea, the Minister must:

(a) develop a proposal for the Proclamation that complies with

subsection (2); and

(b) do each of the following in relation to the proposal:

(i) establish an independent scientific reference panel under

section 352B for each affected region and publish its

advice in accordance with section 352C;

(ii) establish a stakeholder advisory group under

section 352D for each affected region and publish its

views in accordance with section 352E;

(iii) commission an independent assessment of the social

and economic impact of the proposal that complies with

section 352F.

(2) A proposal for a Proclamation declaring as a Commonwealth

reserve an area of sea, or an area of land and sea, complies with

this subsection if it includes a statement of:

(a) the proposed name of the reserve; and

(b) the proposed boundaries of the reserve and of any zones into

which the reserve is to be divided; and

(d) which IUCN category the reserve (and, if applicable, each

zone of the reserve) is to be assigned to; and

(e) the purposes for which it is intended to manage and use the

reserve.

Amendments Schedule 1

Environment Protection and Biodiversity Conservation Amendment (Making Marine Parks

Accountable) Bill 2012 No. , 2012 5

(3) A region is an affected region in relation to a proposal for a

Proclamation over an area of sea, or an area of land and sea, if:

(a) the region is adjacent to the area of sea or to part of it; or

(b) the area of land, or part of it, is part of the region.

352B Independent scientific reference panel

(1) For the purposes of subparagraph 352A(1)(b)(i) in relation to a

proposal, the Minister must establish an independent scientific

reference panel, consisting of at least 5, and not more than 8,

members, for each affected region.

(2) The Minister must appoint the members of the panel by written

instrument, on a part-time basis, and must appoint one of the

members to chair the Committee.

(3) The Minister must ensure that:

(a) each member of the panel (other than the Chair) possesses

appropriate scientific qualifications that the Minister

considers relevant to the performance of the panel's

functions; and

(b) each member's appointment is not being made to represent

any particular body, group or community.

(4) The panel's function is to provide a written report to the Minister

setting out scientific advice in relation to the conservation value of

the proposal for a Proclamation of a Commonwealth reserve, so far

as it relates to the affected region and adjacent areas of sea.

(5) Sections 507, 508, 509 and 510 apply to the panel as if it were a

Committee to which Division 3 of Part 19 applied.

352C Publishing advice of independent scientific reference panel

The Minister must, within 21 business days of receiving the report

of the independent scientific reference panel for an affected region,

publish the report on the internet.

352D Stakeholder advisory group

(1) For the purposes of subparagraph 352A(1)(b)(ii) in relation to a

proposal for the Proclamation of a Commonwealth reserve, the

Schedule 1 Amendments

6 Environment Protection and Biodiversity Conservation Amendment (Making Marine

Parks Accountable) Bill 2012 No. , 2012

Minister must establish a stakeholder advisory group, consisting of

at least 5, and not more than 12, members, for each affected region.

(2) The Minister must appoint the members of the group by written

instrument, on a part-time basis, and must appoint one of the

members to chair the group.

(3) The Minister must ensure that:

(a) each relevant group in the affected region is represented by at

least one member; and

(b) each relevant group of users of:

(i) the area of sea to which the proposal relates and to

which the region is adjacent; and

(ii) an area of land to which the proposal relates and which

is part of the region;

is represented by at least one member; and

relevant groups referred to in paragraphs (a) and (b).

(4) The group's function is to provide a written report to the Minister

setting out its views in relation to the proposal for a Proclamation

of a Commonwealth reserve, so far as it relates to the affected

region and adjacent areas of sea.

(5) The Minister may require the group to provide its report before a

day specified by the Minister, which must be at least 2 months

after the Minister appoints the members of the group.

(6) Sections 513 and 514 apply to the group as if it were an advisory

committee established under section 511.

352E Publishing views of stakeholder advisory group

The Minister must, within 21 business days of receiving the report

of the stakeholder advisory group for an affected region, publish

the report on the internet.

352F Independent assessment of social and economic impact

The Minister must ensure that the assessment commissioned for

the purposes of subparagraph 352A(1)(b)(iii) includes complete

and detailed costings of the amount that would be required to

Amendments Schedule 1

Environment Protection and Biodiversity Conservation Amendment (Making Marine Parks

Accountable) Bill 2012 No. , 2012 7

adequately compensate businesses and individuals who would be

affected if a Proclamation were made in the terms of the proposal.

352G Copies to Director

For the purposes of the Director's function under section 351 in

relation to a matter to be dealt with by a Proclamation, the Minister

must give the Director a copy of the Subdivision BA outcomes (see

subsection 351(7)).

6 Section 528

Insert:

affected region has the meaning given by subsection 352A(3).

7 Section 528

Insert:

Subdivision BA outcomes has the meaning given by subsection

351(7).

8 Application of amendments

The amendments made by this Act apply in relation to any

Proclamation of a Commonwealth reserve made after this Act

commences, regardless of whether, before this Act commences, action

has been taken under section 351 of the Environment Protection and

Biodiversity Conservation Act 1999 in relation to a matter to be dealt

with by the Proclamation.

Commonwealth of Australia Bills

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (MAKING MARINE PARKS ACCOUNTABLE) BILL 2012 [NO. 2]