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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Expanding
the Water Trigger) Bill 2023
No. , 2023
(Senator Hanson-Young)
A Bill for an Act to amend the
Environment
Protection and Biodiversity Conservation Act 1999
,
and for related purposes
No. , 2023
Environment Protection and Biodiversity Conservation Amendment
(Expanding the Water Trigger) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Protecting water resources from additional kinds of
unconventional gas developments
3
Part 1--Amendments
3
Environment Protection and Biodiversity Conservation Act 1999
3
Part 2--Application and transitional provisions
6
No. , 2023
Environment Protection and Biodiversity Conservation Amendment
(Expanding the Water Trigger) Bill 2023
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 (Expanding the Water Trigger) Act
7
2023
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Environment Protection and Biodiversity Conservation Amendment
(Expanding the Water Trigger) Bill 2023
No. , 2023
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
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
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 Schedules
10
Legislation 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
Protecting water resources from additional kinds of unconventional gas developments
Schedule 1
Amendments
Part 1
No. , 2023
Environment Protection and Biodiversity Conservation Amendment
(Expanding the Water Trigger) Bill 2023
3
Schedule 1--Protecting water resources from
1
additional kinds of unconventional gas
2
developments
3
Part 1--Amendments
4
Environment Protection and Biodiversity Conservation Act
5
1999
6
1 Subdivision FB of Division 1 of Part 3 (heading)
7
Omit "
coal seam gas development
", substitute "
unconventional gas
8
development
".
9
2 Subparagraphs 24D(1)(a)(i), (2)(a)(i) and (3)(a)(i)
10
Repeal the subparagraphs, substitute:
11
(i) unconventional gas development; or
12
3 Subparagraphs 24E(1)(a)(i), (2)(a)(i) and (3)(a)(i)
13
Repeal the subparagraphs, substitute:
14
(i) unconventional gas development; or
15
4 Subparagraph 131AB(1)(a)(i)
16
Repeal the subparagraph, substitute:
17
(i) unconventional gas development; or
18
5 Subparagraph 304(1)(a)(viia)
19
Omit "coal seam gas development", substitute "unconventional gas
20
development".
21
6 Paragraph 305(1)(ga)
22
Omit "coal seam gas development", substitute "unconventional gas
23
development".
24
7 Subparagraphs 305(1A)(b)(via) and (c)(viia)
25
Omit "coal seam gas development", substitute "unconventional gas
26
development".
27
Schedule 1
Protecting water resources from additional kinds of unconventional gas
developments
Part 1
Amendments
4
Environment Protection and Biodiversity Conservation Amendment
(Expanding the Water Trigger) Bill 2023
No. , 2023
8 Paragraph 305(2)(ea)
1
Omit "coal seam gas development", substitute "unconventional gas
2
development".
3
9 Subparagraphs 306(1)(a)(viia), (b)(viia), (2)(a)(viia) and
4
(b)(viia)
5
Omit "coal seam gas development", substitute "unconventional gas
6
development".
7
10 Paragraphs 505D(1)(a) and (b)
8
Omit "coal seam gas developments", substitute "unconventional gas
9
developments".
10
11 Subparagraphs 505D(1)(c)(i), (d)(i) and (ii)
11
Omit "coal seam gas", substitute "unconventional gas".
12
12 Paragraphs 505D(1)(e), (f) and (g)
13
Omit "coal seam gas", substitute "unconventional gas".
14
13 Section 528 (definition of
bioregional assessment
)
15
Omit "coal seam gas development", substitute "unconventional gas
16
development".
17
14 Section 528 (definition of
coal seam gas development
)
18
Repeal the definition.
19
15 Section 528
20
Insert:
21
petroleum
means:
22
(a) any naturally occurring:
23
(i) hydrocarbon; or
24
(ii) mixture of hydrocarbons; or
25
(iii) mixture of hydrocarbons and of one or more of the
26
following, that is to say, hydrogen sulphide, nitrogen,
27
helium and carbon dioxide; or
28
Protecting water resources from additional kinds of unconventional gas developments
Schedule 1
Amendments
Part 1
No. , 2023
Environment Protection and Biodiversity Conservation Amendment
(Expanding the Water Trigger) Bill 2023
5
(b) any manufactured or synthetic:
1
(i) hydrocarbon; or
2
(ii) mixture of hydrocarbons; or
3
(iii) mixture of something covered by subparagraph (i) or (ii)
4
and something that is petroleum because of
5
paragraph (a).
6
unconventional gas development
means any activity involving
7
unconventional gas extraction that has, or is likely to have, a
8
significant impact on water resources (including any impacts of
9
associated salt production and/or salinity):
10
(a) in its own right; or
11
(b) when considered with other developments, whether past,
12
present or reasonably foreseeable developments.
13
unconventional gas extraction
means extraction (whether by
14
drilling, hydraulic fracturing or other means) of petroleum in a
15
gaseous state from:
16
(a) coal seams or beds; or
17
(b) layers of shale rock; or
18
(c) tight sands such as sandstone or limestone; or
19
(d) the seabed; or
20
(e) geopressure zones; or
21
(f) any other sources prescribed by the regulations.
22
Note:
Examples for paragraph (f) could include landfill gas or refinery gas.
23
Schedule 1
Protecting water resources from additional kinds of unconventional gas
developments
Part 2
Application and transitional provisions
6
Environment Protection and Biodiversity Conservation Amendment
(Expanding the Water Trigger) Bill 2023
No. , 2023
Part 2--Application and transitional provisions
1
16 Definitions
2
In this Part:
3
new law
means the
Environment Protection and Biodiversity
4
Conservation Act 1999
, as in force on the day this Schedule
5
commences.
6
old law
means the
Environment Protection and Biodiversity
7
Conservation Act 1999
, as in force immediately before this Schedule
8
commences.
9
transitional period
means the period of 60 business days (measured in
10
Canberra), beginning on the first such business day that is on or after
11
the day this Schedule commences.
12
17 Application of amendments
13
(1)
The amendments made by Part 1 of this Schedule apply in relation to an
14
action involving unconventional gas development that is taken on or
15
after the day this Schedule commences.
16
(2)
However, if:
17
(a) the unconventional gas development does not involve the
18
extraction of coal seam gas; and
19
(b) the action is taken during the transitional period; and
20
(c) the regulations prescribe that this subitem applies; and
21
(d) the circumstances (if any) prescribed by the regulations apply
22
in relation to the action;
23
the amendments made by Part 1 of this Schedule apply in relation to the
24
action subject to any modifications prescribed by the regulations.
25
Note:
This subitem does not apply to actions involving the extraction of coal seam gas.
26
Actions involving the extraction of coal seam gas are treated the same under the old law
27
and the new law. The old law will continue to apply, after the day this Schedule
28
commences, in relation to such an action that was taken before that day.
29
18 Transitional regulations
30
The Governor-General may make regulations prescribing matters:
31
Protecting water resources from additional kinds of unconventional gas developments
Schedule 1
Application and transitional provisions
Part 2
No. , 2023
Environment Protection and Biodiversity Conservation Amendment
(Expanding the Water Trigger) Bill 2023
7
(a) required or permitted by this Part to be prescribed by the
1
regulations; or
2
(b) of a transitional nature (including any saving or application
3
provisions) relating to the amendments made by Part 1 of this
4
Schedule.
5