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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Climate
Trigger) Bill 2020
No. , 2020
(Senator Hanson-Young)
A Bill for an Act to amend the
Environment
Protection and Biodiversity Conservation Act 1999
,
and for related purposes
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Climate Trigger) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Emissions-intensive actions
3
Environment Protection and Biodiversity Conservation Act 1999
3
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Climate Trigger) Bill 2020
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 is the
Environment Protection and Biodiversity
6
Conservation Amendment (Climate Trigger)
Act 2020
.
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
(Climate Trigger) Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after 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 Schedules
8
Legislation 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repealed as set out in the applicable items in the Schedule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
Emissions-intensive actions
Schedule 1
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Climate Trigger) Bill 2020
3
Schedule 1--Emissions-intensive actions
1
2
Environment Protection and Biodiversity Conservation Act
3
1999
4
1 After Subdivision FB of Division 1 of Part 3
5
Insert:
6
Subdivision FC--Emissions-intensive actions
7
24F Purpose of this Subdivision
8
The purpose of this Subdivision is to fulfil Australia's obligations
9
under the Climate Change Conventions.
10
24G Requirement for approval of emissions-intensive actions
11
(1) A person must not take an emissions-intensive action if the action
12
has, will have or is likely to have a significant impact on the
13
environment.
14
Civil penalty:
15
(a) for an individual--5,000 penalty units;
16
(b) for a body corporate--50,000 penalty units.
17
(2) Subsection (1) does not apply to an action if:
18
(a) an approval of the taking of the action by the person is in
19
operation under Part 9 for the purposes of this section; or
20
(b) Part 4 lets the person take the action without an approval
21
under Part 9 for the purposes of this section; or
22
(c) there is in force a decision of the Minister under Division 2
23
of Part 7 that this section is not a controlling provision for the
24
action and, if the decision was made because the Minister
25
believed the action would be taken in a manner specified in
26
the notice of the decision under section 77, the action is taken
27
in that manner; or
28
Schedule 1
Emissions-intensive actions
4
Environment Protection and Biodiversity Conservation Amendment
(Climate Trigger) Bill 2020
No. , 2020
(d) the action is an action described in subsection 160(2) (which
1
describes actions whose authorisation is subject to a special
2
environmental assessment process).
3
(3) A person who wishes to rely on subsection (2) in proceedings for a
4
contravention of a civil penalty provision bears an evidential
5
burden in relation to the matters in that subsection.
6
24H Offence relating to emissions-intensive actions
7
(1) A person commits an offence if:
8
(a) the person takes an emissions-intensive action; and
9
(b) the action has, will have or is likely to have a significant
10
impact on the environment.
11
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
12
(2) Subsection (1) does not apply to an action if:
13
(a) an approval of the taking of the action by the person is in
14
operation under Part 9 for the purposes of this section; or
15
(b) Part 4 lets the person take the action without an approval
16
under Part 9 for the purposes of this section; or
17
(c) there is in force a decision of the Minister under Division 2
18
of Part 7 that this section is not a controlling provision for the
19
action and, if the decision was made because the Minister
20
believed the action would be taken in a manner specified in
21
the notice of the decision under section 77, the action is taken
22
in that manner; or
23
(d) the action is an action described in subsection 160(2) (which
24
describes actions whose authorisation is subject to a special
25
environmental assessment process).
26
Note:
The defendant bears an evidential burden in relation to the matter in
27
subsection (2) (see subsection 13.3(3) of the
Criminal Code
).
28
24J What is an
emissions-intensive action
?
29
An action is an
emissions-intensive action
if the action:
30
(a) involves mining operations; or
31
(b) involves drilling exploration; or
32
(c) involves land clearing; or
33
Emissions-intensive actions
Schedule 1
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Climate Trigger) Bill 2020
5
(d) is specified in the regulations for the purposes of this
1
paragraph.
2
2 At the end of subsection 25AA(2)
3
Add:
4
; (j) subsection 24H(1).
5
3 After paragraph 25AA(3)(gb)
6
Insert:
7
(gc) subsection 24G(1);
8
4 Subsection 29(1)
9
Omit "24D or 24E", substitute "24D, 24E, 24G or 24H".
10
5 Section 34 (after table item 13J)
11
Insert:
12
13K
section 24G
the environment
13L
section 24H
the environment
6 Subsections 46(1), (2) and (2A)
13
Omit "24D or 24E", substitute "24D, 24E, 24G or 24H".
14
7 After subparagraph 304(1)(a)(viia)
15
Insert:
16
(viib) the environment, in respect of the impact of an
17
emissions-intensive action;
18
8 After paragraph 305(1)(ga)
19
Insert:
20
(gb) the environment, in respect of the impact of an
21
emissions-intensive action;
22
9 After subparagraph 305(1A)(b)(via)
23
Insert:
24
(vib) the environment, in respect of the impact of an
25
emissions-intensive action;
26
Schedule 1
Emissions-intensive actions
6
Environment Protection and Biodiversity Conservation Amendment
(Climate Trigger) Bill 2020
No. , 2020
10 After paragraph 305(2)(ea)
1
Insert:
2
(eb) in the case of a proposed agreement wholly or partly for the
3
protection and conservation of the environment, in respect of
4
the impact of emissions-intensive actions--the agreement is
5
not inconsistent with Australia's obligations under any of the
6
Climate Change Conventions; and
7
11 After subparagraph 306(1)(a)(viia)
8
Insert:
9
(viib) the environment, in respect of the impact of an
10
emissions-intensive action;
11
12 After subparagraph 306(1)(b)(viia)
12
Insert:
13
(viib) the environment, in respect of the impact of an
14
emissions-intensive action; or
15
13 After subparagraph 306(2)(a)(viia)
16
Insert:
17
(viib) the environment, in respect of the impact of an
18
emissions-intensive action;
19
14 After subparagraph 306(2)(b)(viia)
20
Insert:
21
(viib) the environment, in respect of the impact of an
22
emissions-intensive action; or
23
15 After subparagraph 495(2)(a)(via)
24
Insert:
25
(vib) section 24H (Offence relating to emissions-intensive
26
actions); or
27
16 After subparagraph 496C(1)(a)(viia)
28
Insert:
29
(viib) section 24H (Offence relating to emissions-intensive
30
actions); or
31
Emissions-intensive actions
Schedule 1
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Climate Trigger) Bill 2020
7
17 Section 528
1
Insert:
2
Climate Change Conventions
has the same meaning as in the
3
Product Emissions Standards Act 2017
.
4
emissions-intensive action
: see section 24J.
5
18 Application provision
6
The amendments made by this Schedule apply in relation to an action
7
that begins on or after the day this item commences.
8
19 Transitional regulations
9
The Governor-General may make regulations prescribing matters of a
10
transitional nature (including any saving or application provisions)
11
relating to the amendments made by this Schedule.
12