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This is a Bill, not an Act. For current law, see the Acts databases.
Climate Futures Bill 2007
No , 2007
A Bill for
An Act to prohibit the expansion of the coal industry by making illegal the
development of new coal mines, the expansion of existing coal mines, the expansion
of coal export terminals and the construction of coal-fired power plants; to fast track
the development of a renewable energy industry; to raise New South Wales'
mandatory renewable energy targets; to ensure that all communities that are affected
by a declining coal industry will have access to retraining and transitional financial
assistance; and for other purposes.
Clause 1 Climate Futures Bill 2007
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Climate Futures Act 2007. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Objects of Act 6
The objects of this Act are as follows: 7
(a) to prohibit the expansion of the coal industry, 8
(b) to prohibit the development of new coal-fired power stations or 9
the expansion of existing coal-fired power stations, 10
(c) to fast track the development of a renewable energy industry, 11
(d) to increase renewable energy targets, 12
(e) to ensure that workers and communities affected by a declining 13
coal industry will have access to retraining, employment and 14
financial assistance. 15
4 Definitions 16
(1) In this Act: 17
development has the same meaning as in the EPA Act. 18
EPA Act means the Environmental Planning and Assessment Act 1979. 19
planning approval means any of the following: 20
(a) development consent under Part 4 of the EPA Act, 21
(b) approval under Part 3A of the EPA Act for a concept plan for a 22
project or approval under that Part to carry out a project, 23
(c) the modification of any such development consent or approval. 24
project has the same meaning as in section 75A of the EPA Act. 25
renewable electricity means electricity generated from renewable 26
energy sources. 27
(2) Without affecting the operation of subsection (1), words and 28
expressions used in this Act that are defined in the EPA Act have the 29
same meanings as in that Act. 30
(3) A reference in this Act to an existing coal mine or an existing power 31
station is a reference to a coal mine or power station operating as at the 32
commencement of this Act. 33
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Climate Futures Bill 2007 Clause 5
5 Prohibited development 1
(1) Despite any other Act or environmental planning instrument, the 2
following development is prohibited: 3
(a) establishing a coal mine, 4
(b) any development that expands or increases the level of operations 5
of an existing coal mine, 6
(c) any development that increases the capacity of any coal export 7
terminal or other form of transport infrastructure that is 8
specifically designed and used for the purposes of handling coal, 9
(d) establishing a coal-fired power station, 10
(e) any development that increases the capacity of an existing 11
coal-fired power station to generate electrical power, 12
(f) any development that extends the operational life of an existing 13
coal-fired power station by changing the technology used at the 14
power station. 15
(2) Planning approval cannot be given or granted for any development that 16
is prohibited by this section. 17
(3) Any planning approval that is given or granted for any development that 18
is prohibited by this section is revoked. 19
6 Revocation of specific planning approvals 20
Without limiting section 5 (3), the following planning approvals are 21
revoked: 22
(a) planning approval for the expansion of the Kooragang Coal 23
Terminal (being the approval granted to Port Waratah Coal 24
Services Limited on 13 April 2007), 25
(b) planning approval for the construction of the coal export 26
transport terminal on Kooragang Island, Newcastle (being the 27
approval granted to the Newcastle Coal Infrastructure Group on 28
13 April 2007), 29
(c) planning approval for the establishment of the Anvil Hill coal 30
mine (being the approval granted to Centennial Hunter Pty 31
Limited on 7 June 2007). 32
7 Renewable energy targets 33
(1) The Government of New South Wales is required to implement 34
measures to increase the proportion of renewable electricity consumed 35
in the State so that it comprises at least: 36
(a) 20% of all electricity consumed in the State by the end of 2012, 37
and 38
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Clause 8 Climate Futures Bill 2007
(b) 50% of all electricity consumed in the State by the end of 2020. 1
(2) Subsection (1) applies only in relation to measures that the Government 2
of New South Wales has the legal capacity to implement. 3
8 Provision of financial assistance to affected workers and communities 4
(1) It is the intention of Parliament that the Government of New South 5
Wales provides or makes available financial assistance to or in respect 6
of the following: 7
(a) coal miners and other coal industry workers whose jobs are 8
adversely affected by the closure of a coal mine or a coal-fired 9
power station or because of other reasons associated with a 10
declining coal industry, 11
(b) local government areas in which the employment of more than 12
5% of the adult resident population has been adversely affected 13
by the matters referred to in paragraph (a), 14
(c) small and locally owned and operated businesses that are 15
adversely affected by the matters referred to in paragraph (a). 16
(2) Any such financial assistance is to be provided out of money that is 17
legally available to the Government of New South Wales. 18
(3) Without limiting the manner in which financial assistance is to be 19
applied, such assistance may be directed towards: 20
(a) providing new business and employment opportunities arising 21
from the renewable energy targets referred to in section 7, and 22
(b) retraining and reskilling programs. 23
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