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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Cost
Recovery) Bill 2014
No. , 2014
(Environment)
A Bill for an Act to amend the Environment
Protection and Biodiversity Conservation Act 1999,
and for related purposes
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Cost recovery
3
Environment Protection and Biodiversity Conservation Act 1999
3
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
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 (Cost Recovery) Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
No. , 2014
1
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
The later of:
(a) 1 July 2014; and
(b) the day this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Cost recovery Schedule 1
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
3
Schedule 1
--Cost recovery
1
2
Environment Protection and Biodiversity Conservation Act
3
1999
4
1 After subsection 91(1)
5
Insert:
6
(1A) In the written notice of the decision, the Minister must also advise
7
the person proposing to take the action that the person may elect
8
under section 132B to submit an action management plan for
9
approval.
10
Note:
An action management plan is approved after a decision is made
11
approving the taking of the action.
12
2 After subsection 95B(1)
13
Insert:
14
(1A) The designated proponent is taken not to have given the Minister
15
the documents referred to in paragraph (1)(b) if the required fee
16
has not been paid.
17
3 After subsection 95B(3)
18
Insert:
19
(3A) The designated proponent is taken not to have given the Minister
20
the statement referred to in subsection (3) if the required fee has
21
not been paid.
22
4 After subsections 99(3) and 104(3)
23
Insert:
24
(3A) The designated proponent is taken not to have given the Minister
25
the documents required under subsection (3) if the required fee has
26
not been paid.
27
5 After section 132A
28
Insert:
29
Schedule 1 Cost recovery
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Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
No. , 2014
132B Election to have an action management plan approved after
1
approval of the taking of an action granted
2
(1) A person proposing to take an action may, at any time before an
3
approval of the taking of the action is granted under section 133,
4
elect to submit an action management plan for approval.
5
(2) An election must:
6
(a) be in writing; and
7
(b) be given to the Minister before the Minister grants an
8
approval under section 133.
9
(3) If, after making an election, the person (the first person) notifies
10
the Minister under section 156F that another person (the second
11
person) proposes to take the action instead, the second person may
12
revoke the election made by the first person under this section.
13
(4) An election cannot be revoked once the Minister has granted an
14
approval under section 133.
15
6 Paragraph 134(3)(e)
16
Repeal the paragraph, substitute:
17
(e) if an election has been made, or is taken to have been made,
18
under section 132B in respect of the approval--conditions
19
requiring:
20
(i) an action management plan to be submitted to the
21
Minister for approval, accompanied by the fee (if any)
22
prescribed by the regulations; and
23
(ii) implementation of the plan so approved; and
24
7 At the end of subsection 134(3)
25
Add:
26
Note:
Paragraph (e)--an election is taken to have been made if an approval
27
is varied to add a condition requiring an action management plan, see
28
subsection 143(1A).
29
8 After subsection 134(3C)
30
Insert:
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Cost recovery Schedule 1
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
5
Conditions attached under paragraph (3)(e)
1
(3D) When making a decision whether to approve an action
2
management plan, if the Minister believes on reasonable grounds
3
that the Minister does not have enough information to make a
4
decision, the Minister may request the holder of the approval to
5
provide specified information relevant to making the decision.
6
9 After section 134
7
Insert:
8
134A Inviting public comment before approving action management
9
plan
10
(1) Before approving an action management plan, the Minister may
11
publish:
12
(a) the plan; and
13
(b) an invitation for anyone to give the Minister, within 11
14
business days, written comments on the plan.
15
(2) The regulations may provide for requirements relating to the way
16
the Minister must publish the plan and invitation to comment.
17
10 After subsection 143(1)
18
Insert:
19
(1A) If, under paragraph (1)(c), the holder of an approval agrees to
20
conditions mentioned in paragraph 134(3)(e) (about an action
21
management plan) being added and attached to the approval, the
22
holder is taken to have made an election under section 132B before
23
the approval was granted.
24
(1B) The holder of an approval may request the Minister, in writing, to
25
vary a condition attached to an approval of an action.
26
11 After section 143
27
Insert:
28
Schedule 1 Cost recovery
6
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
No. , 2014
143A Variation of action management plan
1
Written application required
2
(1) If an action management plan is a condition of an approval of an
3
action, the holder of the approval may, at any time, apply to the
4
Minister for a variation of the action management plan.
5
(2) An application for a variation must be:
6
(a) in writing; and
7
(b) accompanied by:
8
(i) any information or documents required by the
9
regulations; and
10
(ii) the application fee (if any) prescribed by the regulations.
11
Minister may approve a variation of action management plan
12
(3) The Minister may approve a variation to an action management
13
plan if requested to do so.
14
(4) When making a decision whether to vary an action management
15
plan, if the Minister believes on reasonable grounds that the
16
application does not include enough information, the Minister may
17
request the applicant to provide specified information relevant to
18
making the decision.
19
(5) If the holder of an approval applies for a variation of an action
20
management plan, the Minister must notify the person, in writing,
21
of the Minister's decision.
22
12 Subsection 156F(3)
23
Repeal the subsection, substitute:
24
Requirements for notice
25
(3) A notice must:
26
(a) include the information (if any) prescribed by the regulations;
27
and
28
(b) be accompanied by the fee (if any) prescribed by the
29
regulations.
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Cost recovery Schedule 1
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
7
13 At the end of Part 11 of Chapter 4
1
Add:
2
Division 7--Miscellaneous
3
170CA Fees
4
(1) The Minister may, in writing, determine the amounts of fees that
5
may be charged if the approach for assessing the relevant impacts
6
of an action that the Minister has decided is a controlled action is:
7
(a) assessment by inquiry under Division 7 of Part 8; or
8
(b) assessment by strategic assessment under Division 1 of
9
Part 10.
10
(2) Before making a determination, the Minister must consult:
11
(a) the person proposing to take the action; or
12
(b) if the person proposing to take the action is not the
13
designated proponent--the designated proponent; or
14
(c) if the approach is assessment by strategic assessment--the
15
person responsible for the adoption or implementation of the
16
relevant policy, plan or program;
17
about the amounts of fees to be charged.
18
(3) The Minister may, in the determination made under subsection (1),
19
determine the way in which a fee is to be worked out.
20
(4) A determination made under subsection (1) is not a legislative
21
instrument.
22
14 Subparagraph 496(1)(b)(iii)
23
Omit "environmental management plan", substitute "action
24
management plan".
25
15 After Part 19
26
Insert:
27
Schedule 1 Cost recovery
8
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
No. , 2014
Part 19A--Reconsideration of fees
1
2
514Y Applications for reconsideration of fee
3
(1) This section applies if a fee is worked out by a person to whom a
4
function or power is delegated under section 515.
5
(2) If:
6
(a) a method prescribed by the regulations under
7
subsection 520(4C) has been used to work out a fee; and
8
(b) the person required to pay the fee is dissatisfied with the way
9
the method was used to work out the fee;
10
the person may apply to the Secretary for the Secretary to
11
reconsider the way the method was used to work out the fee.
12
(3) The application must:
13
(a) be in a form prescribed by the regulations; and
14
(b) set out the reasons for the application.
15
(4) The application must be made within 30 business days after the
16
applicant is informed of the fee.
17
(5) A person may apply only once in relation to a fee.
18
514YA Reconsideration of fee
19
(1) Upon receiving an application for reconsideration of a fee, the
20
Secretary must:
21
(a) reconsider the way the method was used to work out the fee;
22
and
23
(b) either:
24
(i) confirm the fee; or
25
(ii) work out a new fee by using the method again.
26
(2) The person who undertakes the reconsideration must be:
27
(a) the Secretary; or
28
(b) an employee in the Department who:
29
(i) was not involved in working out the fee; and
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Cost recovery Schedule 1
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
9
(ii) occupies a position that is senior to that occupied by any
1
person involved in working out the fee.
2
(3) The Secretary must give to the applicant a written notice that:
3
(a) states the outcome of the reconsideration; and
4
(b) gives reasons for that outcome.
5
514YB Deadline for reconsideration
6
The Secretary must undertake a reconsideration of a fee within 30
7
business days after receiving an application for reconsideration.
8
16 After subsection 520(4)
9
Insert:
10
(4A) The regulations may prescribe fees that are payable for services the
11
Minister or Secretary provides in performing functions, or
12
exercising powers, under this Act or the regulations.
13
(4B) A fee prescribed by the regulations is payable to the
14
Commonwealth.
15
(4C) Regulations prescribing fees may also:
16
(a) prescribe fees in respect of:
17
(i) a particular class of decision; or
18
(ii) a particular class of action; or
19
(iii) a particular class of person; and
20
(b) prescribe 2 or more fees for the same matter; and
21
(c) prescribe a method for working out a fee; and
22
(d) prescribe a method for working out the refund of part of a
23
fee; and
24
(e) deal with other matters, including the following:
25
(i) specifying the way in which, and times at which, a fee is
26
to be paid;
27
(ii) specifying the fees that must be paid, and by whom, in
28
the event of a transfer under section 145B or a change of
29
person proposing to take an action under section 156F;
30
(iii) the consequences of failure to pay a specified fee;
31
Schedule 1 Cost recovery
10
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
No. , 2014
(iv) the circumstances in which the Minister may waive a
1
fee;
2
(v) the circumstances in which a person is exempt from
3
paying a specified fee;
4
(vi) the circumstances in which a fee may be refunded, in
5
whole or in part.
6
17 Subsection 520(5)
7
Omit "Subsection (3) does", substitute "Subsections (3), (4A) and (4C)
8
do".
9
18 After section 521
10
Insert:
11
521A Time does not run if all or part of fee remains unpaid
12
(1) If:
13
(a) one or more fees are payable in respect of a service the
14
Minister or Secretary provides in performing functions, or
15
exercising powers, under this Act or the regulations; and
16
(b) a provision of this Act or the regulations:
17
(i) requires or allows the Minister or Secretary to do a thing
18
relating to the service; or
19
(ii) requires or allows the Minister or Secretary to do a thing
20
relating to the service within a particular period; and
21
(c) all of part of a fee relating to the service remains unpaid;
22
then:
23
(d) if subparagraph (b)(i) applies--the Minister or Secretary
24
need not do the thing until all of the required fee is paid; and
25
(e) if subparagraph (b)(ii) applies and the period has not begun--
26
the period does not begin until all of the required fee is paid;
27
and
28
(f) if subparagraph (b)(ii) applies and the period has begun--the
29
period stops until all of the required fee is paid and, when
30
paid, begins again for the balance of the period.
31
(2) For the purposes of paragraphs (1)(e) and (f), the day that all of the
32
required fee is paid is not to be counted in the relevant period.
33
Cost recovery Schedule 1
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Cost Recovery) Bill 2014
11
19 Section 528
1
Insert:
2
action management plan, in relation to an action, means a plan for
3
managing the impacts of the action on a matter protected by a
4
provision of Part 3, such as a plan for conserving habitat of a
5
species.
6
20 Application
7
Fees
8
(1)
The amendments made by items 2 to 5, 12, 13 and 15 to 19 of this
9
Schedule apply in relation to a referral of a proposal to take an action
10
that is received by the Minister on or after 14 May 2014 in respect of
11
which a service is provided on or after the day this item commences.
12
Action management plans
13
(2)
The amendments made by items 1 and 19 of this Schedule apply in
14
relation to a decision on the approach to be used for assessment of the
15
relevant impacts of an action that is made on or after the day this item
16
commences.
17
(3)
The amendments made by items 6 to 11, 14 and 19 of this Schedule
18
apply in relation to an approval, whether granted before, on or after the
19
day this item commences.
20