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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
THE SENATE
Presented and read a first time
Stop Dumping on the Great Barrier Reef
Bill 2014
No. , 2014
(Senator Waters)
A Bill for an Act to amend the law relating to the
Great Barrier Reef, and for related purposes
No. , 2014
Stop Dumping on the Great Barrier Reef Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Dumping dredged material in Great Barrier Reef
World Heritage Area
3
Environment Protection (Sea Dumping) Act 1981
3
No. , 2014
Stop Dumping on the Great Barrier Reef Bill 2014
1
A Bill for an Act to amend the law relating to the
1
Great Barrier Reef, and for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Stop Dumping on the Great Barrier
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Reef Act 2014.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
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Assent.
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2
Stop Dumping on the Great Barrier Reef Bill 2014
No. , 2014
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Dumping dredged material in Great Barrier Reef World Heritage Area Schedule 1
No. , 2014
Stop Dumping on the Great Barrier Reef Bill 2014
3
Schedule 1
--Dumping dredged material in
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Great Barrier Reef World Heritage Area
2
3
Environment Protection (Sea Dumping) Act 1981
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1 Subsection 4(1)
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Insert:
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Great Barrier Reef World Heritage Area has the meaning given
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by the Great Barrier Reef Marine Park Act 1975.
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2 After section 10A
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Insert:
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10AA Dumping of dredged material into the Great Barrier Reef
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World Heritage Area
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Offence
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(1) A person commits an offence if:
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(a) the person dumps dredged material into any part of the sea;
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and
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(b) the part is in the Great Barrier Reef World Heritage Area.
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Penalty: 250 penalty units or imprisonment for 12 months, or
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both.
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(2) Strict liability applies to paragraph (1)(b).
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Note:
For strict liability, see section 6.1 of the Criminal Code.
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Other laws
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(3) Despite anything in this Act, the Environment Protection and
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Biodiversity Conservation Act 1999 or the Great Barrier Reef
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Marine Park Act 1975, dumping dredged material into the Great
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Barrier Reef World Heritage Area is not, and must not be,
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approved or permitted under those Acts (including regulations
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made under those Acts).
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Schedule 1 Dumping dredged material in Great Barrier Reef World Heritage Area
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Stop Dumping on the Great Barrier Reef Bill 2014
No. , 2014
(4) The following provisions of this Act do not apply in relation to
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dumping dredged material into the Great Barrier Reef World
2
Heritage Area:
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(a) section 5 (about controlled material related to the exploration,
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exploitation and processing of seabed mineral resources);
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(b) section 9 (about declared coastal waters of States);
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(c) subsection 15(1) and sections 18 to 25 (about permits).
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(5) The other provisions of this Act apply:
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(a) to dredged material that is, or is to be, dumped into the Great
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Barrier Reef World Heritage Area in the same way as the
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provisions apply to controlled material that is, or is to be,
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dumped into Australian waters; and
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(b) in relation to an offence against subsection (1) of this section
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in the same way as the provisions apply in relation to an
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offence against section 10A.
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3 After section 10C
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Insert:
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10CA Loading for the purpose of dumping dredged material into
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the Great Barrier Reef World Heritage Area
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(1) A person commits an offence if:
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(a) the person loads dredged material on a vessel or platform in
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Australia or Australian waters; and
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(b) the person:
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(i) knows that the material will be dumped into the Great
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Barrier Reef World Heritage Area; or
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(ii) is reckless as to whether the material will be dumped
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into the Great Barrier Reef World Heritage Area.
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Penalty: 250 penalty units or imprisonment for 12 months, or
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both.
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Other laws
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(2) Despite anything in this Act, the Environment Protection and
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Biodiversity Conservation Act 1999 or the Great Barrier Reef
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Marine Park Act 1975, loading dredged material on a vessel or
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platform is not, and must not be, approved or permitted under those
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Dumping dredged material in Great Barrier Reef World Heritage Area Schedule 1
No. , 2014
Stop Dumping on the Great Barrier Reef Bill 2014
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Acts (including regulations made under those Acts), if the material
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will be dumped into the Great Barrier Reef World Heritage Area.
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(3) The following provisions of this Act do not apply in relation to
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loading dredged material on a vessel or platform for dumping into
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the Great Barrier Reef World Heritage Area:
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(a) section 5 (about controlled material related to the exploration,
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exploitation and processing of seabed mineral resources);
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(b) section 9 (about declared coastal waters of States);
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(c) subsection 15(2) and sections 18 to 25 (about permits).
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(4) The other provisions of this Act apply:
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(a) to dredged material that is loaded on a vessel or platform and
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will be dumped into the Great Barrier Reef World Heritage
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Area in the same way as the provisions apply to controlled
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material that is loaded on a vessel or platform and will be
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dumped into Australian waters; and
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(b) in relation to an offence against subsection (1) of this section
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in the same way as the provisions apply in relation to an
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offence against section 10C.
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4 Application of amendments
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The amendments made by this Schedule do not apply in relation to
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dumping or loading if an approval or permission for the dumping or
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loading was granted on or before 9 December 2013 under the
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Environment Protection and Biodiversity Conservation Act 1999, the
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Environment Protection (Sea Dumping) Act 1981 or the Great Barrier
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Reef Marine Park Act 1975 (including regulations made under those
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Acts).
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