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This is a Bill, not an Act. For current law, see the Acts databases.
1996–97
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
As read a third
time
Environment,
Sport and Territories Legislation Amendment Bill
1997
No. ,
1997
A Bill for an Act to amend
legislation relating to the environment, sport and Territories, and for related
purposes
9620440—888/26.6.1996—(204/96) Cat.
No. 96 9315 7 ISBN 0644 506105
Contents
Australian Capital Territory (Planning and Land Management) Act
1988 7estlas3.html
Australian Sports Drug Agency Act
1990 7estlas3.html
Christmas Island Act
1958 7estlas3.html
Cocos (Keeling) Islands Act
1955 7estlas3.html
Coral Sea Islands Act
1969 7estlas3.html
Customs Act
1901 7estlas3.html
Endangered Species Protection Act
1992 7estlas3.html
Environment Protection (Sea Dumping) Act
1981 7estlas3.html
Environment, Sport and Territories Legislation Amendment Act
1995 7estlas3.html
Great Barrier Reef Marine Park Act
1975 7estlas3.html
Migration Act
1958 7estlas3.html
National Parks and Wildlife Conservation Act
1975 7estlas3.html
Ozone Protection Act
1989 7estlas3.html
Quarantine Act
1908 7estlas3.html
Wet Tropics of Queensland World Heritage Area Conservation Act
1994 7estlas3.html
THIS bill originated in the Senate; and, having this day passed, is now
ready for presentation to the House of Representatives for its
concurrence.
HARRY EVANS
Clerk of the Senate
The Senate
26 June
1997
A Bill for an Act to amend legislation relating to the
environment, sport and Territories, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Environment, Sport and Territories
Legislation Amendment Act 1997.
(1) Subject to subsections (2), (3) and (4), this Act commences on the day
on which it receives the Royal Assent.
(2) Item 36 of Schedule 1 is taken to have commenced on the day on which
the Environment, Sport and Territories Legislation Amendment Act 1995
received the Royal Assent.
(3) Item 49 of Schedule 1 commences on the day on which this Act receives
the Royal Assent only if Schedule 2 to the Audit (Transitional and
Miscellaneous) Amendment Act 1997 has not commenced before then.
(4) Item 60 of Schedule 1 is taken to have commenced immediately after the
commencement of the Wet Tropics of Queensland World Heritage Area
Conservation Act 1994.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Australian
Capital Territory (Planning and Land Management) Act
1988
1 Section 4 (definition of
Authority)
Omit “Planning”.
2 Section 5
Repeal the section, substitute:
The body known immediately before the commencement of this section as the
National Capital Planning Authority is continued in existence with the new name,
National Capital Authority.
Note: Section 25B of the Acts Interpretation Act 1901
deals with the situation where a body changes its name.
3 Paragraph 74(1)(a)
Omit “Planning”.
4 Paragraph 74(2)(a)
Omit “Planning”.
Australian
Sports Drug Agency Act 1990
5 Subsections 10(2) and (3)
Repeal the subsections, substitute:
(2) The Agency may charge fees for providing services, information or
advice.
(3) The amount of a fee must not be such as to amount to
taxation.
6 Paragraph 15(c)
Repeal the paragraph, substitute:
(c) after providing the sample, the competitor:
(i) fails to do something in relation to the sample that the regulations
require the competitor to do; or
(ii) does something in relation to the sample that the regulations require
the competitor not to do.
7 Section 14E
After “Western Australia” (first occurring), insert “,
the District Court of Western Australia”.
Note : The heading to section 14E is altered by omitting
“Supreme Court of Western Australia” and substituting
“courts of Western Australia”.
8 Section 14E
Omit “14,”.
9 Paragraph 14E(a)
After “Western Australia”, insert “or the District Court
of Western Australia”.
10 Paragraph 14E(b)
After “Western Australia”, insert “or of the District
Court of Western Australia”.
11 Paragraphs 14E(d) and
(e)
Repeal the paragraphs, substitute:
(d) a reference to the Registrar of the Supreme Court of the Territory
included a reference to:
(i) a person who has the powers and functions of the Registrar of the
Supreme Court of Western Australia in the application of the Supreme Court
Act 1935 of Western Australia in the Territory; or
(ii) a person who has the powers and functions of a judge of the District
Court of Western Australia in the application of the District Court of
Western Australia Act 1969 of Western Australia in the Territory;
and
(e) a reference to the Sheriff of the Supreme Court of the Territory
included a reference to:
(i) a person who has the powers and functions of the sheriff of the
Supreme Court of Western Australia in the application of the Supreme Court
Act 1935 of Western Australia in the Territory; or
(ii) a person who has the powers and functions of the sheriff of the
District Court of Western Australia in the application of the District Court
of Western Australia Act 1969 of Western Australia in the
Territory.
12 Part V
Repeal the Part.
13 Citizenship already acquired under Part V
continues despite repeal of Part
People who have become Australian citizens under Part V of the Christmas
Island Act 1958 continue to be Australian citizens despite the repeal of
that Part (subject to other Commonwealth laws relating to
citizenship).
Cocos
(Keeling) Islands Act 1955
14 Part IV
Repeal the Part.
15 Citizenship already acquired under Part IV
continues despite repeal of Part
People who have become Australian citizens under Part IV of the Cocos
(Keeling) Islands Act 1955 continue to be Australian citizens despite the
repeal of that Part (subject to other Commonwealth laws relating to
citizenship).
16 Paragraph 15AAE(a)
After “Western Australia”, insert “or the District Court
of Western Australia”.
17 Paragraph 15AAE(b)
After “Western Australia”, insert “or of the District
Court of Western Australia”.
18 Paragraphs 15AAE(c) and
(d)
Repeal the paragraphs, substitute:
(c) a reference in this Act to the Registrar of an indictment court
included a reference to:
(i) a person who has the powers and functions of the Registrar of the
Supreme Court of Western Australia in the application of the Supreme Court
Act 1935 of Western Australia in the Territory; or
(ii) a person who has the powers and functions of a judge of the District
Court of Western Australia in the application of the District Court of
Western Australia Act 1969 of Western Australia in the Territory;
and
(d) a reference in this Act to the Sheriff of an indictment court included
a reference to:
(i) a person who has the powers and functions of the sheriff of the
Supreme Court of Western Australia in the application of the Supreme Court
Act 1935 of Western Australia in the Territory; or
(ii) a person who has the powers and functions of the sheriff of the
District Court of Western Australia in the application of the District Court
of Western Australia Act 1969 of Western Australia in the Territory;
and
19 Schedule
Omit “Juries Ordinance 1989”.
20 Preamble
Repeal the Preamble, substitute:
Preamble
All the islands in the following areas are territories acquired by the
Commonwealth:
(a) the area the boundary of which commences at the point of the
intersection of the line following the outer edge of the Great Barrier Reef by
the parallel of Latitude 12° 00´ South and runs:
(i) then south-easterly along the geodesic to the point of Latitude
16° 00´ South, Longitude 156° 06´ East; and
(ii) then south along the meridian of Longitude 156° 06´ East to
its intersection by the parallel of Latitude 24° 00´ South;
and
(iii) then west along that parallel to its intersection by the meridian of
Longitude 154° 00´ East; and
(iv) then north along that meridian to its intersection by the parallel of
Latitude 22° 00´ South; and
(v) then west along that parallel to its intersection by the line
following the outer edge of the Great Barrier Reef; and
(vi) then generally north-westerly along that line to the point of
commencement; and
(b) the area the boundary of which commences at the point of Latitude
29° 21´ South, Longitude 158° 59´ East and runs:
(i) then east along the parallel of Latitude 29° 21´ South to
its intersection by the meridian of Longitude 159° 14´ East;
and
(ii) then south-westerly along the geodesic to the point of Latitude
30° 3´ South, Longitude 159° 10´ East; and
(iii) then west along the parallel of Latitude 30° 3´ South to
its intersection by the meridian of Longitude 158° 55´ East;
and
(iv) then north-easterly along the geodesic to the point of
commencement.
It is desirable to make provision for the government of those islands as
one Territory.
21 Subsections 2(2) and (3)
Repeal the subsections, substitute:
(2) Where, for the purposes of this Act, it is necessary to determine the
position on the surface of the Earth of a point, line or area, that position
must be determined by reference to the Geocentric Datum of Australia (GDA) as
defined in the Gazette No. GN 35, 6 September 1995.
22 After section 5C
Insert:
(1) Subject to subsection (2), this Act does not extend to the Territory
of Ashmore and Cartier Islands.
(2) Regulations may be made to extend the whole or a part of this Act
(with or without modifications) to the Territory of Ashmore and Cartier
Islands.
Endangered
Species Protection Act 1992
23 Subsection 4(1) (definition of ecological
community)
Omit “integrated”.
24 Paragraph 6(3)(a)
Omit “abundance”, substitute “extent”.
25 Subsections 24(2) and
(3)
Omit “30 days”, substitute “90 days”.
26 Application of amendment made by item
25
The amendment made by item 25 does not apply to a decision under subsection
24(2) if the Scientific Subcommittee’s advice was received before the
commencement of that item. In that case, the former 30 day limit continues to
apply.
Environment
Protection (Sea Dumping) Act 1981
27 Subsection 4(1) (definition of
Convention)
Repeal the definition, substitute:
Convention means the Convention a copy of the English text of
which is set out in Schedule 1, as amended by:
(a) the amendments the English text of which is set out in Schedules 2, 3,
3A, 3B and 3C; and
(b) any other amendment to the Convention that is accepted by Australia
and a copy of the English text of which is set out in the regulations.
Note: The amendments set out in Schedule 3A have effect, in
relation to Australia, subject to the declaration mentioned in the note at the
end of the Schedule.
28 Subsection 19(2)
Omit “and (4)”, substitute “, (4) and
(4A)”.
29 After subsection 19(4)
Insert:
(4A) Where:
(a) within 90 days after an application for a permit is made, the Minister
administering the Environment Protection (Impact of Proposals) Act 1974,
in accordance with procedures approved for the purposes of that Act, directs the
submission to him or her of a public environment report in relation to the
conduct in respect of which the application is made; and
(b) neither of subsections (3) and (4) is applicable;
the Minister administering this Act must give a decision under subsection
(1) on the application:
(c) within 30 days after the completion of all procedures under the
Environment Protection (Impact of Proposals) Act 1974 in connection with
the public environment report referred to in paragraph (a); or
(d) within 90 days after the application is made;
whichever period is the last to end.
30 Application of amendments made by items 28
and 29
The amendments made by items 28 and 29 do not apply to applications
received before the commencement of those items.
31 Paragraphs 19(6)(a), b) and
(c)
Repeal the paragraphs, substitute:
and (a) the matters set out in Annexes II and III to the
Convention.
32 Section 16, subsection 18(3), paragraphs
18(4)(e) and 19(9)(f), subsection 20(1), paragraphs 23(3)(a) and (b), subsection
28(2), section 29, subsections 30(3) and (4), paragraph 32(2)(a) and subsection
40(3)
After “he” (wherever occurring), insert “or
she”.
33 Subsections 18(3) and (4), paragraphs
19(4)(a), (9)(b) and (9)(g) and subsections 28(2), 29(6) and (8), 32(3) and
34(1)
After “him” (wherever occurring), insert “or
her”.
34 Paragraph 17(1)(b), subsections 17(2), 18(4)
and (5) and 19(1), paragraph 19(9)(a), subsection 29(3), paragraphs 29(6)(b) and
29(7)(b), subsection 31(2), paragraph 32(2)(b), subsection 34(1) and paragraph
35(1)(a)
After “his” (wherever occurring), insert “or
her”.
Insert:
Note: See section 4.
ANNEX 3
RESOLUTION LC.49(16)
AMENDMENTS TO THE ANNEXES TO THE CONVENTION ON THE
PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1972
CONCERNING PHASING OUT SEA DISPOSAL OF INDUSTRIAL WASTE
(London,
12 November 1993)
THE SIXTEENTH CONSULTATIVE MEETING,
RECALLING Articles I and II
of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and
other Matter which state, inter alia, that Contracting Parties shall
individually and collectively promote the effective control of all sources of
pollution of the marine environment and that they shall harmonize their policies
to prevent marine pollution caused by dumping,
RECOGNIZING the commitment
of Contracting Parties under Article IX of the Convention in respect of
technical assistance,
NOTING in this regard the undertaking reached by
UNCED, Agenda 21, Chapter 34.14(b) on “Transfer of environmentally sound
technology, co-operation and capacity-building”,
RECALLING ALSO
resolution LDC.43(13) by which Contracting Parties agreed, inter alia,
that the dumping of industrial waste at sea would cease by 31 December 1995
at the latest and that they should endeavour to adopt individual or regional
commitments to cease dumping of industrial waste before 31 December
1995,
RECALLING FURTHER resolution LDC.44(14) on the application of a
precautionary approach in environmental protection within the framework of the
London Convention 1972,
NOTING ALSO that several Contracting Parties,
individually or under regional agreements covering the dumping of wastes, have
already phased out sea disposal of industrial waste,
WELCOMING the
efforts undertaken within the framework of other Conventions in order to develop
and adopt technical guidelines for the environmentally sound management of
hazardous wastes on land,
RECALLING the encouragement by UNCED, Agenda
21, Chapter 17.30(b)(ii) to the Contracting Parties to take appropriate steps to
stop ocean dumping of hazardous substances,
REAFFIRMING the agreement
that Contracting Parties commit themselves to take all necessary steps to enable
all Contracting Parties to comply with phasing out of sea disposal of industrial
waste, including the promotion of technical assistance to this end taking into
account the outcome of the Global Waste Survey,
REAFFIRMING ALSO the
agreement that Contracting Parties facilitate access to, and transfer of,
environmentally sound technologies particularly to developing countries to
promote:
- the modification of industrial processes in such a way as to
reduce and eliminate the amount of waste generated;
- the recycling of
wastes or the reuse of them in other industries;
- the environmentally
sound management of wastes on land;
- the further development of
alternative and environmentally sound means of disposal,
REAFFIRMING
FURTHER the agreement that a better protection of the marine environment by
cessation of dumping of industrial waste should not result in unacceptable
environmental effects elsewhere,
ADOPTS the following amendments to the
Annexes to the Convention in accordance with Articles XIV(4)(a) and XV(2)
thereof:
(a) amendments to Annex I; and
(b) amendments to Annex
II;
the texts of which are set out in the attachment to this
resolution,
REQUESTS the Secretary-General of the International Maritime
Organization to inform the Contracting Parties of the above mentioned amendments
in accordance with Article XV(1)(b) of the Convention,
ATTACHMENT
ANNEX I
1. The following text is added to Annex I as a new paragraph
11:
“11. Industrial waste as from 1 January 1996.
For the
purposes of this Annex:
“Industrial waste” means waste
materials generated by manufacturing or processing operations and does not apply
to:
(a) dredged material;
(b) sewage sludge;
(c) fish
waste, or organic materials resulting from industrial fish processing
operations;
(d) vessels and platforms or other man-made structures at
sea, provided that material capable of creating floating debris or otherwise
contributing to pollution of the marine environment has been removed to the
maximum extent;
(e) uncontaminated inert geological materials the
chemical constituents of which are unlikely to be released into the marine
environment;
(f) uncontaminated organic materials of natural
origin.
Dumping of wastes and other matter specified in subparagraphs (a)
- (f) above shall be subject to all other provisions of Annex I, and to the
provisions of Annexes II and III.
This paragraph shall not apply to the
radioactive wastes or any other radioactive matter referred to in paragraph 6 of
this Annex.”
2. The following phrase is added to the beginning of
the existing text of paragraph 9:
“Except for industrial waste as
defined in paragraph 11 below, ...”
3. In paragraph 9, the word
“spoils” is replaced by “material”.
ANNEX II
1. “Beryllium, chromium, nickel and vanadium and their
compounds” are moved from Annex II, paragraph B to paragraph A of Annex
II. The remainder of the text of paragraph B is deleted. The subsequent sections
are redesignated accordingly.
2. The existing text of paragraph F is
replaced by the following:
Materials which, though of a non-toxic nature,
may become harmful due to the quantities in which they are dumped, or which are
liable to seriously reduce amenities.
Note: A declaration dated 11 February 1994 was deposited for
Australia with the Secretary-General of the IMO on 15 February 1994 and stated
the following:
“Australia accepts the prohibition on the dumping of
industrial wastes at sea as from 1 January 1996 as envisaged in resolution
LC.49(16) for all types of industrial wastes as defined by the resolution with
the exception of jarosite waste for which it is necessary, for technical reasons
which will be elaborated at future meetings of the London Convention, to retain
the option of dumping at sea for a short period after the expiration of the
deadline set down in resolution LC.49(16). Under no circumstances will the
dumping at sea of jarosite be permitted by the Australian Government beyond 31
December 1997.”.
Note: See section 4.
ANNEX 4
RESOLUTION LC.50(16)
AMENDMENT TO ANNEX I TO THE CONVENTION ON THE PREVENTION OF
MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1972 CONCERNING
INCINERATION AT SEA
(London, 12 November 1993)
THE SIXTEENTH CONSULTATIVE MEETING,
RECALLING Article I of the
Convention on the Prevention of Marine Pollution by Dumping of Wastes and other
Matter which states that Contracting Parties shall individually and collectively
promote the effective control of all sources of pollution of the marine
environment,
RECALLING ALSO resolutions LDC.35(11), LDC.39(13) and
LC.47(15) on the status of incineration of noxious liquid wastes at sea and
resolution LDC.44(14) on the application of a precautionary approach in
environmental protection within the framework of the London Convention
1972,
RECALLING FURTHER the encouragement by UNCED Agenda 21, Chapter
17.30(b)(ii) to the Contracting Parties to take appropriate steps to stop ocean
incineration of hazardous substances,
RECOGNIZING that Contracting
Parties should give priority to no-waste and low-waste technology within the
hierarchy of waste management,
NOTING that the incineration at sea of
noxious liquid wastes by Contracting Parties ceased in February
1991,
REAFFIRMING the agreement that, in case Contracting Parties face
difficulties in finding methods for environmentally sound management of their
incinerable wastes, Contracting Parties take upon themselves to consider
favourably requests for technical or scientific assistance, including transfer
of relevant publicly available information, taking into account the outcome of
the Global Waste Survey,
ADOPTS the following amendment to Annex I to the
Convention in accordance with Articles XIV(4)(a) and XV(2) thereof, the text of
which is set out in the attachment to this resolution,
REQUESTS the
Secretary-General of the International Maritime Organization to inform the
Contracting Parties of the above mentioned amendments in accordance with Article
XV(1)(b) of the Convention.
ATTACHMENT
ANNEX I
The existing text of Annex I, paragraph 10 is replaced by the
following:
“(a) Incineration at sea of industrial waste, as defined
in paragraph 11 below, and sewage sludge is prohibited.
(b) The
incineration at sea of any other wastes or matter requires the issue of a
special permit.
(c) In the issue of special permits for incineration at
sea Contracting Parties shall apply regulations as are developed under this
Convention.
(d) For the purpose of this Annex:
(i) “Marine
incineration facility” means a vessel, platform, or other man-made
structure operating for the purpose of incineration at
sea.
(ii) “Incineration at sea” means the deliberate
combustion of wastes or other matter on marine incineration facilities for the
purpose of their thermal destruction. Activities incidental to the normal
operation of vessels, platforms or other man-made structures are excluded from
the scope of this definition.”
Note: See section 4.
ANNEX 5
RESOLUTION LC.51(16)
AMENDMENTS
TO THE ANNEXES TO THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY
DUMPING OF WASTES AND OTHER MATTER, 1972 CONCERNING DISPOSAL AT SEA OF
RADIOACTIVE WASTES AND OTHER RADIOACTIVE MATTER
(London, 12 November
1993)
THE SIXTEENTH CONSULTATIVE MEETING,
RECALLING Articles I and II
of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and
other Matter which state, inter alia, that Contracting Parties shall
individually and collectively promote the effective control of all sources of
pollution of the marine environment and that they shall harmonize their policies
to prevent marine pollution caused by dumping,
BEING AWARE that the
dumping of high level radioactive wastes or other high level radioactive matter
is prohibited under Article IV in connection with Annex I, paragraph 6 of the
Convention,
NOTING resolution LDC.21(9) on the suspension of all dumping
at sea of radioactive wastes and other radioactive matter and recognizing that,
such suspension shall continue until the entry into force of the amendment to
Annex I, paragraph 6 of the Convention,
NOTING ALSO that the
International Atomic Energy Agency (IAEA) is the competent international body to
define waste and other matter considered to be radioactive for purposes of
regulatory control under the Convention and has been requested by Contracting
Parties to develop quantitative limits for de minimis (exempt) levels of
radioactivity,
RECOGNIZING that in the interim, the Parties shall be
guided by IAEA Safety Series 78 and 89, and decisions and recommendations taken
at the Consultative Meetings,
NOTING FURTHER that amendments to the
Convention relating to the issue of inclusion of sub-sea-bed repositories
accessed from the sea in the definition of “dumping” are under
consideration by the Contracting Parties,
RECALLING ALSO resolution
LDC.44(14) on the application of a precautionary approach to environmental
protection within the framework of the London Convention 1972,
BEING ALSO
AWARE of the encouragement by UNCED Agenda 21, Chapter 22.5(b) to the
Contracting Parties to expedite work to complete studies on replacing the
current voluntary moratorium on disposal of low level radioactive waste at sea
by a ban, and
NOTING FURTHER the conclusions and the options on disposal
at sea of radioactive waste as contained in the final report (LC/IGPRAD 6/5) of
the Inter-governmental Panel of Experts on Radioactive Waste Disposal at Sea
which was established on the basis of resolution LDC.28(10) and expressing its
appreciation to the experts involved in the preparation of this final
report,
HAVING ADOPTED amendments to Annex I to the Convention by
resolution LC.49(16) concerning phasing out sea disposal of industrial
waste,
ADOPTS the following amendments to the Annexes to the Convention
in accordance with Articles XIV(4)(a) and XV(2) thereof:
(a) amendment to
Annex I, paragraphs 6, 8, 9 and insertion of a new paragraph 12;
and
(b) amendment to Annex II, section D
the texts of which are
set out in the attachment to this resolution,
REQUESTS the
Secretary-General of the International Maritime Organization to inform the
Contracting Parties of the above mentioned amendments in accordance with Article
XV(1)(b) of the Convention,
REAFFIRMS that, with respect to any Party as
to which the amendment to paragraph 6 of Annex I is not in force, the suspension
of all dumping of radioactive wastes and other matter established by resolution
LDC 21(9) shall continue until the entry into force of the amendment to Annex I,
paragraph 6 of the Convention,
AGREES that the disposal of radioactive
wastes and other radioactive matter into sub-sea-bed repositories accessed from
the sea in accordance with resolution LDC.41(13) is suspended until such time as
the Parties determine otherwise, noting that whether such disposal is
“dumping” within the meaning of the Convention is under
consideration by the Consultative Meeting,
RESOLVES FURTHER that
Contracting Parties shall endeavour to co-operate in assisting countries with
special problems relating to the safe disposal of radioactive wastes to meet
effectively their international obligations under the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other Matter.
ATTACHMENT
ANNEX I
1. The existing text of paragraph 6, Annex I, is replaced by the
following:
“6. Radioactive wastes or other radioactive
matter.”
2. The following phrase is added at the beginning of
paragraph 8, Annex I:
“8. With the exception of paragraph 6 above,
...”
3. The second sentence of the existing text, paragraph 9,
Annex I, is replaced by the following:
“Paragraph 6 above does not
apply to wastes or other materials (e.g. sewage sludges and dredged materials)
containing de minimis (exempt) levels of radioactivity as defined by the IAEA
and adopted by the Contracting Parties. Unless otherwise prohibited by Annex I,
such wastes shall be subject to the provisions of Annexes II and III as
appropriate.”
4. The following text is added to Annex I as a new
paragraph 12:
“12. Within 25 years from the date on which the
amendment to paragraph 6 enters into force and at each 25 year interval
thereafter, the Contracting Parties shall complete a scientific study relating
to all radioactive wastes and other radioactive matter other than high level
radioactive wastes or matter, taking into account such other factors as the
Contracting Parties consider appropriate, and shall review the position of such
substances in Annex I in accordance with the procedures set forth in Article
XV.”
ANNEX II
The present text of Annex II, Section D is deleted and the subsequent
sections are redesignated accordingly.
Environment,
Sport and Territories Legislation Amendment Act 1995
36 Item 3 of Schedule 3
Omit “(j), (k) and (m)”, substitute “(j) and
(k)”.
Note: This amendment corrects a misdescribed amendment of
the Australian Sports Commission Act 1989.
Great
Barrier Reef Marine Park Act 1975
37 Paragraph 3(8)(a)
Omit “stern”, substitute “stem”.
38 At the end of section 7A
Add:
(8) The Minister may, by writing, delegate to the Authority or to the
Chairperson his or her power to give approvals under
subsection (4).
39 Subsection 10(2)
Omit “Chairman”, substitute
“Chairperson”.
Note: The title of the head of the Great Barrier Reef Marine
Park Authority was changed to “Chairperson” by the Environment,
Sport and Territories Legislation Amendment Act 1995. This amendment was
overlooked at that time.
40 Subsection 38J(5)
After “platform” (first occurring), insert “by a
person”.
41 Paragraphs 38J(5)(c) and
(d)
After “were taken”, insert “by the person, or on behalf
or at the direction of the person,”.
42 Subsection 38J(6)
Omit “in charge, or the owner or a co-owner, of the vessel, aircraft
or platform”, substitute “referred to in subsection
(5)”.
43 Subsection 38J(7) (definition of
aircraft)
Repeal the definition.
44 Subsection 38J(7) (definition of
prescribed officer)
Omit “Pollution of Ships”, substitute
“Pollution from Ships”.
45 Subsection 38J(7) (definition of
vessel)
Repeal the definition.
46 At the end of section
39ZD
Add:
(8) The things the enforcement provisions may do include, but are
not limited to, prohibiting or regulating:
(a) entry into an area, or a part of an area, to which the plan relates;
or
(b) the use (generally), or a particular use, of an area, or a part of an
area, to which the plan relates.
47 Subsections 48A(3) and
(4)
Repeal the subsections.
48 Subsection 7(1)
Omit “and the Territory of Christmas Island”, substitute
“, the Territory of Christmas Island and the Territory of Ashmore and
Cartier Islands”.
National
Parks and Wildlife Conservation Act 1975
49 Subsection 52(1A)
Omit “48”, substitute “49”.
50
Subsection 7(1) (definition of essential
uses licence)
After “stage-2 scheduled substance”, insert “, or to
import specified HBFCs,”.
51 Subsection 26(1)
Omit “(the base year)”, substitute “(the
excess year)”.
52 Paragraph 57(1)(a)
Omit “, 17A or 23”.
53 Paragraph 57(1)(b)
Omit “, 17A, 24”.
54 Paragraph 57(1)(c)
Omit “, 17A, 25”.
55 Part V of Schedule 1
Omit “CHF2Cl2”, substitute
“CHF2Cl”.
56 Annex C to Schedule 3
Omit “CHF2Cl2”, substitute
“CHF2Cl”.
57 Clause 3 of Schedule 4
Repeal the clause.
58 Subsection 6AA(2)
After “this Act”, insert “(with or without
modifications)”.
59 After section 6AA
Insert:
(1) Subject to subsection (2), this Act does not extend to the Territory
of Ashmore and Cartier Islands.
(2) Regulations may be made to extend the whole or a part of this Act
(with or without modifications) to the Territory of Ashmore and Cartier
Islands.
Wet
Tropics of Queensland World Heritage Area Conservation Act
1994
60 Section 3
After “Act)”, insert “, as amended from time to
time,”.