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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Climate Change and Greenhouse Emissions Reduction
Bill 2006
A BILL FOR
An Act to provide for measures to address climate change with a view to
assisting to achieve a sustainable future for the State; to set targets to
achieve a reduction in greenhouse gas emissions within the State; to promote the
use of renewable sources of energy; to promote business and community
understanding about issues surrounding climate change; to facilitate the early
development of policies and programs to address climate change; and for other
purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Objects of Act
4 Interpretation
Part 2—Targets
5 Targets
Part 3—Administration
Division 1—The Minister
6 Functions of
Minister
7 Two-yearly reports
8 Power of delegation
Division 2—Premier's Climate Change
Council
9 Premier's Climate Change Council
10 Conditions of
membership
11 Functions of Council
12 Procedure at meetings
13 Annual
report
Part 4—Policies, programs and other
initiatives
14 Policies
15 Voluntary offset programs
16 Sector
agreements
Part 5—Miscellaneous
17 Protection of
information
18 False or misleading information
19 Conflicts of
interest
20 Administrative unit report
21 Review of
Act
22 Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Climate Change and Greenhouse Emissions
Reduction Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
(1) The objects of this Act are—
(a) to assist in the achievement of ecologically sustainable development
in the State by addressing issues associated with climate change and, in
particular—
(i) by setting a target (the SA target) to reduce by
31 December 2050 greenhouse gas emissions within the State by at least 60%
to an amount that is equal to or less than 40% of 1990 levels as part of a
national and international response to climate change; and
(ii) by setting related targets (the renewable electricity
targets)—
(A) to increase the proportion of renewable electricity generated so that
it comprises at least 20% of electricity generated in the State by
31 December 2014;
(B) to increase the proportion of renewable electricity consumed so that
it comprises at least 20% of electricity consumed in the State by
31 December 2014; and
(b) to promote commitment to action within the State to address climate
change through—
(i) the development of specific targets (as appropriate) for various
sectors of the State's economy; and
(ii) the development of interim targets; and
(iii) the development of policies and programs for the reduction of
greenhouse gas emissions and for other relevant purposes; and
(c) to encourage energy efficiency and conservation; and
(d) to promote research and development with respect to the development
and use of technology to reduce or limit greenhouse gas emissions or to support
adaptation to climate change, including by developing ways to remove greenhouse
gases from the atmosphere; and
(e) to encourage the commercialisation of renewable energy and of
technologies that will reduce or limit greenhouse gas emissions or support
adaptation to climate change; and
(f) to provide recognition to bodies and persons who commit to addressing
climate change by achieving reductions in greenhouse gas emissions, by
increasing the use of renewable energy sources, by introducing emissions off-set
programs or by adopting other relevant initiatives; and
(g) to encourage and facilitate business and community consultation and
early action with respect to issues surrounding climate change; and
(h) to support measures to facilitate adaptation to circumstances that
will inevitably be caused by climate change, including by supporting measures
that will improve the ability of the community, species and ecosystems to deal
with the effects of climate change; and
(i) to provide for reporting on progress being made within the State to
meet the SA target, and other specific or interim targets associated with
reductions in greenhouse gas emissions, and to meet targets associated with the
use of renewable electricity; and
(j) to promote action within South Australia that provides consistency
with national and international schemes designed to address climate change,
including schemes that relate to emissions trading and emissions reporting;
and
(k) to enhance the ability of the State to contribute to, and to respond
expeditiously to, national and international developments associated with issues
surrounding climate change.
(2) In seeking to further the objects of this Act, the achievement of
ecologically sustainable development will be guided by the following
principles:
(a) the use, development and protection of the environment should be
managed in a way, and at a rate, that will enable people and communities to
provide for their economic, social and physical well-being and for their health
and safety while—
(i) sustaining the potential of natural and physical resources to meet the
reasonably foreseeable needs of future generations; and
(ii) safeguarding the life-supporting capacity of the environment;
and
(iii) avoiding, remedying or mitigating adverse effects of activities on
the environment;
(b) proper weight should be given to both long and short term economic,
environmental, social and equity considerations in deciding all matters relating
to environmental protection, restoration and enhancement;
(c) if there are threats of serious or irreversible damage to the
environment, lack of full scientific certainty regarding climate change should
not be used as a reason for postponing preventative measures.
In this Act, unless the contrary intention appears—
Australian jurisdictions means the jurisdictions
comprising—
(a) the Commonwealth; or
(b) each of the States or Territories;
emissions offset programs are programs designed to recognise
or achieve a reduction in greenhouse gas emissions, or the removal of greenhouse
gas emissions, taking into account any criteria prescribed by the regulations
for the purposes of this definition;
greenhouse gas emissions are emissions of—
(a) carbon dioxide; or
(b) methane; or
(c) nitrous oxide; or
(d) hydro fluorocarbons; or
(e) perfluorocarbons; or
(f) sulphur hexafluoride; or
(g) any other gas brought within the ambit of this definition by the
regulations;
renewable electricity means electricity generated from
renewable energy sources;
SA target means the target that applies under
section 5(1) (subject to any Ministerial determination under that
section);
sector agreements—see section 16.
(1) The principal target under this Act is to reduce by 31 December
2050 greenhouse gas emissions within this State by at least 60% to an amount
that is equal to or less than 40% of 1990 levels.
(2) Two related targets under this Act are—
(a) to increase the proportion of renewable electricity generated so that
it comprises at least 20% of electricity generated in the State by
31 December 2014;
(b) to increase the proportion of renewable electricity consumed so that
it comprises at least 20% of electricity consumed in the State by
31 December 2014.
(3) The Minister may, in connection with the operation of
subsections (1) and (2) for the purposes of any other provision of this
Act—
(a) determine the method for calculating greenhouse gas emissions for the
purposes of setting relevant 1990 levels (the baseline), and then
determine a figure that represents that baseline;
(b) determine the method for calculating any reduction in greenhouse gas
emissions;
(c) set sector-based targets and interim targets;
(d) set specific baselines for particular areas of activity (as components
of the overall baseline);
(e) make other determinations that assist in measuring greenhouse gas
emissions within the State.
(4) The Minister must, in acting under
subsection (3)—
(a) seek to acknowledge action taken since 1990 to achieve reductions in
greenhouse gas emissions; and
(b) seek to obtain the advice of relevant experts and to take into account
relevant methodologies and principles that apply within other Australian
jurisdictions; and
(c) seek to provide consistency with best national and international
practices with respect to setting the baseline and determining a method for
calculating reductions in greenhouse gas emissions or the use of renewable
electricity.
(5) The Minister may make a determination or set a target under
subsection (3) that relates to a particular enterprise or industry, a
particular sector of the State's economy, a particular sector of the South
Australian community, or the community more generally.
(6) The Minister may from time to time vary any determination or target
under this section after taking into account new or updated methodologies or
advice with respect to the calculation, assessment, measurement or reporting of
greenhouse gas emissions, or any other factor considered relevant by the
Minister.
(7) The Minister must publish any determination or target that applies
under this section.
(1) The functions of the Minister under this Act are—
(a) to keep issues relevant to climate change under review; and
(b) to promote early action to meet the SA target, or any sector-based or
interim target under this Act; and
(c) to develop, adopt or promote policies or programs that are relevant to
addressing climate change and the effects of climate change in accordance with
the objects of this Act (and taking into account any specific requirements under
this Act); and
(d) to promote consultation with business and within the community about
issues associated with climate change; and
(e) to consider and promote business initiatives and technological
advances that may assist in dealing with climate change or in reducing
greenhouse gas emissions; and
(f) to promote the involvement of the South Australian Government in
relevant State, national or international forums about climate change;
and
(g) to promote the commercialisation of renewable electricity technology
and to support initiatives to develop a scheme to promote the generation and use
of renewable electricity within the State, including by providing incentives to
encourage South Australians to feed electricity generated from renewable sources
into electricity grids; and
(h) to promote the commercialisation and use of technologies that will
reduce or limit greenhouse gas emissions within the State; and
(i) to promote research and development to promote the objects of this
Act; and
(j) to support initiatives to develop a national emissions trading scheme
aimed at achieving greenhouse gas abatement; and
(k) to support initiatives to develop systems and frameworks to provide
for the removal of greenhouse gases from the atmosphere; and
(l) to consider, as the Minister thinks fit, whether it is necessary or
desirable to amend any legislation (including this Act), or to modify any
policies or administrative practices within government in order to achieve the
objects of this Act, and to make recommendations in relation to these matters;
and
(m) to undertake monitoring and other programs to assess the extent of
climate change that may affect the State, and to collect, collate or assess
information relevant to issues associated with climate change; and
(n) to provide reports and to publish other information associated with
climate change or initiatives or activities to address climate change, and to
support public education in relation to climate change; and
(o) to establish appropriate reporting frameworks across government with
respect to issues relating to climate change or greenhouse gas emissions, with
particular reference to the requirements of section 7 and in order to
provide reports on progress being made towards targets that relate to government
agencies and instrumentalities; and
(p) such other functions assigned to the Minister by or under this or any
other Act.
(2) Without limiting any other provision of this Act, the Minister
should—
(a) seek to promote action to develop a coherent policy framework within
the State to address issues associated with climate change; and
(b) seek to achieve consistency between policies or programs developed or
implemented under this Act and initiatives, standards, schemes or commitments at
the national and international levels to address issues associated with climate
change.
(3) In performing functions under the Act, the Minister should
seek—
(a) to work collaboratively within international networks for regional
governments; and
(b) to work collaboratively with—
(i) the Governments of other Australian jurisdictions; and
(ii) the local government sector; and
(iii) the Premier's Climate Change Council; and
(iv) other relevant international, business, environment and community
groups and organisations.
(1) The Minister must, on a two-yearly basis, prepare a report on the
operation of this Act.
(2) The report must include—
(a) an assessment of the effectiveness of the initiatives that are being
adopted in order to achieve the SA target; and
(b) a report on any determination or target made or set under
section 5 during the reporting period; and
(c) an assessment of the progress being made to achieve the renewable
electricity target; and
(d) an assessment of the progress being made to achieve any sector-based
or interim target under this Act, including a target set for the State
Government, or any government agency or instrumentality; and
(e) a report on any sector agreement between the Minister and any other
person or entity entered into under this Act during the reporting period;
and
(f) a summary of—
(i) the levels of greenhouse gas emissions, and of the use of renewable
energy, within the State (as determined or estimated at the time of reporting);
and
(ii) the development of technologies to reduce greenhouse gas emissions or
to remove greenhouse gases from the atmosphere; and
(g) a report on any emissions offset programs established or recognised
under this Act during the reporting period, and on progress in establishing a
national emissions trading scheme; and
(h) a report on any inter-governmental agreements relevant to climate
change entered into by the South Australian Government during the reporting
period; and
(i) a report on any significant national or international commitments or
agreements relevant to climate change made or entered into during the reporting
periods; and
(j) information on any relevant rates, trends or impacts associated with
climate change, with particular reference to any identified or assessed impacts
of climate change on South Australia or any expected future impacts of climate
change that have emerged or become increasingly relevant during the reporting
period.
(3) The Minister must cause a copy of the report to be laid before both
Houses of Parliament within 6 sitting days after the report is
prepared.
(4) The first report under this section must be completed and tabled in
Parliament by the end of 2009.
(5) The first report under this section, and thereafter every alternate
report, must incorporate a report from the Premier's Climate Change Council that
assesses the extent to which any determination or target made or set under
section 5 is being achieved and, if it appears relevant, should be
revised.
(1) The Minister may delegate to a body or person (including a person for
the time being holding or acting in a specified office or position) a function
or power of the Minister under this or any other Act.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Minister to act in any matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
Division
2—Premier's Climate Change Council
9—Premier's
Climate Change Council
(1) The Premier's Climate Change Council is established.
(2) The Council will consist of at least 7 and not more than 9 members
appointed by the Minister with a view to obtaining a reasonable range of persons
from across the following sectors and a balance of expertise that is relevant to
addressing or adapting to climate change:
(a) the State Government;
(b) the local government sector;
(c) the business community;
(d) the scientific community;
(e) other sectors of the State's community more generally.
(3) The Minister should seek to appoint persons who can
demonstrate—
(a) a commitment to action to address climate change; and
(b) an understanding of the issues and impacts associated with climate
change.
(4) The Minister should consult with the Local Government Association of
South Australia before making an appointment for the purposes of
subsection (2)(b).
(5) At least 1 member of the Council must be a woman and at least 1 member
must be a man.
(1) A member of the Council will be appointed on conditions determined by
the Minister for a term, not exceeding 3 years, specified in the instrument of
appointment and, at the expiration of a term of office, is eligible for
reappointment.
(2) The Minister may remove a member of the Council from
office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for failing to carry out duties of office satisfactorily; or
(c) for neglect of duty; or
(d) for misconduct.
(3) The office of a member of the Council becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is removed from office under subsection (2).
(4) A member of the Council is entitled to fees, allowances and expenses
determined by the Minister (subject to the qualification that a person appointed
for the purposes of subsection (2)(a) will not be entitled to receive a
sitting fee).
(1) The primary function of the Council is to provide independent advice
to the Minister about matters associated with reducing greenhouse gas emissions
and adapting to climate change, including by achieving energy efficiencies,
increasing the use of renewable energy, developing methods to remove greenhouse
gases from the atmosphere, and establishing and achieving relevant
targets.
(2) The Council has other functions conferred by the Minister.
(3) In the performance of its functions, the Council should
seek—
(a) to provide advice to the Minister on—
(i) the impact of climate change on business and the wider community, and
the development or implementation of policies or programs relevant to addressing
climate change, including by the initiation of specific projects and plans;
and
(ii) the impact of the operation and implementation of this Act on
business and the wider community and, as appropriate, any amendments to relevant
legislation (including this Act) that, in the opinion of the Council, should be
considered or promoted by the Minister; and
(iii) costs associated with reducing or limiting climate change or
greenhouse gas emissions, or with mitigating the effects of climate change or
greenhouse gas emissions; and
(iv) costs associated with failing to take action to address climate
change; and
(v) commercial or other opportunities associated with climate change or
reducing or limiting greenhouse gas emissions, with mitigating the effects of
climate change or greenhouse gas emissions or with increasing the use of
renewable energy sources; and
(vi) any other matter on which the Minister requests the advice of the
Council; and
(b) to take a leadership role in consulting with business and the wider
community about issues associated with climate change and to assist in
disseminating information to business and other groups in order to encourage the
implementation of practices that will assist in addressing climate change or
adapting to the effects of climate change.
(1) A member appointed by the Minister as the presiding member of the
Council will preside at a meeting of the Council or, in the absence of that
member, a member chosen by those present will preside.
(2) A majority of the members of the Council constitute a quorum of the
Council.
(3) Subject to any direction of the Minister, the Council may determine
its own procedures.
(1) The Council must, on or before 31 October in each year, provide
to the Minister a report on its activities for the financial year ending on the
preceding 30 June.
(2) The Minister must cause a copy of the report to be laid before both
Houses of Parliament within 6 sitting days after the report is provided to
the Minister.
Part 4—Policies,
programs and other initiatives
(1) The Minister should seek to develop—
(a) policies that will assist in—
(i) reducing or limiting climate change or greenhouse gas emissions, or
mitigating the effects of climate change or greenhouse gas emissions;
and
(ii) promoting or implementing measures to facilitate adaptation to
circumstances that will inevitably be caused by climate change; and
(b) without limiting paragraph (a), policies that seek to adopt,
promote or encourage opportunities or innovations that will further develop or
support action within industry or other sectors of the State's economy, and
within the community more generally, to increase the generation or use of
renewable energy, including by the development of an industry plan for the
State's renewable energy technologies industry; and
(c) policies that otherwise seek to secure the objects of this
Act.
(2) The Minister must, in acting under this section—
(a) seek to achieve consistency with policies adopted by the Government to
promote sustainability within the State; and
(b) develop a policy or policies that demonstrate the Government's
leadership in dealing with climate change through the management and reduction
of its own greenhouse gas emissions, and through the development of related
reporting mechanisms, in a manner that is consistent with the objects of this
Act; and
(c) seek to have regard to the most up-to-date science and research with
respect to climate change rates, trends or impacts, and State, national and
international developments with respect to climate change technologies and
industry best practice; and
(d) seek to apply up-to-date practices and methodologies in calculating
greenhouse gas emissions, and the use of renewable energy, taking into account
national and international developments; and
(e) take into account the requirements of any relevant legislation
(whether at the State or national level); and
(f) seek to take into account other relevant frameworks, policies,
programs and initiatives.
(3) The Minister may vary a policy under this section at any
time.
(4) The Minister must publish any policy developed under this
section.
(1) The Minister may take steps for the purpose of recognising, promoting
or facilitating emissions offset programs initiated on a voluntary
basis.
(2) Without limiting any program established under subsection (1),
the regulations may make provision to support emissions offset programs,
including—
(a) by providing methods to identify or determining the types and extent
of offsets that may form part of emissions offset programs recognised for the
purposes of this Act; and
(b) by establishing a scheme for the registration of emissions offset
programs; and
(c) by establishing criteria that allow for the recognition of emissions
offset programs that deliver a number of benefits (such as the removal of
greenhouse gases from the atmosphere, biodiversity enhancement and economic
development).
(3) The Minister must, in conjunction with the operation of
subsections (1) and (2), take into account the desirability of ensuring
that emissions offset programs recognised in this State can also be recognised
for the purposes of national and international programs in order to promote the
tradeability of products and services.
(1) The Minister may enter into agreements (sector
agreements) with a particular person or industry or business group on a
voluntary basis for the purpose of recognising, promoting or facilitating
strategies to meet any target set under this Act.
(2) A sector agreement may provide for such matters as—
(a) objectives for a particular enterprise or industry, or a particular
sector of the State's economy, with respect to reducing or limiting greenhouse
gas emissions or mitigating the effects of greenhouse gas emissions;
(b) strategies to achieve any objectives, including strategies to achieve
a reduction in energy use, to maximise efficiencies in the use of energy or to
promote the use of renewable energy;
(c) strategies to promote or support research and development, and
innovation in technologies or practices, to reduce greenhouse gas emissions or
to adapt to climate change;
(d) methods to measure or acknowledge successes in meeting any
targets.
(3) A sector agreement recognised under this section must—
(a) be consistent with the objects of this Act; and
(b) include specific requirements for reviewing, and reporting on, the
operation of the agreement (with particular reference to providing information
for the purposes of section 7).
(4) The Minister must establish and maintain—
(a) a register of sector agreements; and
(b) a scheme to provide for the inspection and independent assessment of
sector agreements (subject to the operation of section 17).
(1) A person must not disclose or use prescribed information gained by a
person through involvement in the administration of this Act unless the person
does so—
(a) when necessary for the purposes of this Act; or
(b) when expressly authorised, in writing, by the person to whom the
information relates; or
(c) when required to do so by a court or tribunal constituted by law;
or
(d) when authorised or required under the regulations.
Maximum penalty: $50 000.
(2) This section does not apply to the recording, disclosure or use of
information in a statistical or other form that could not reasonably be expected
to cause any material detriment to a particular person.
(3) In this section—
prescribed information means—
(a) information that is commercial, financial, scientific or technical in
nature that would reveal proprietary business, competitive or trade secret
information of significant value if released; or
(b) information that is commercially sensitive for some other reason;
or
(c) information that is brought within the ambit of this definition by the
regulations.
18—False or
misleading information
A person who furnishes information to the Minister or another authority
under this Act that is false or misleading in a material particular is guilty of
an offence.
Maximum penalty: $10 000.
(1) In this section—
Council means the Premier's Climate Change Council.
(2) A member of the Council who has a direct or indirect personal or
pecuniary interest in a matter decided or under consideration by the
Council—
(a) must, as soon as reasonably practicable, disclose in writing to the
Council full and accurate details of the interest; and
(b) must not take part in any discussion by the Council relating to that
matter; and
(c) must not vote in relation to that matter; and
(d) must be absent from the meeting room when any such discussion or
voting is taking place.
Maximum penalty: $15 000.
(3) If a member of the Council has or acquires a personal or pecuniary
interest, or is or becomes the holder of an office, such that it is reasonably
foreseeable that a conflict might arise with his or her duties as a member of
the Council, the member must, as soon as reasonably practicable, disclose in
writing to the Council full and accurate details of the interest or
office.
Maximum penalty: $15 000.
(4) A disclosure under this section must be recorded in the minutes of the
Council and reported to the Minister.
(5) If, in the opinion of the Minister, a particular interest or office of
a member of the Council is of such significance that the holding of the interest
or office is not consistent with the proper discharge of the duties of the
member, the Minister may require the member either to divest himself or herself
of the interest or office or to resign from the Council (and non-compliance with
the requirement constitutes a ground for removal of the member from the
Council).
(6) This section does not apply in relation to a matter in which a member
of the Council has an interest while the member remains unaware that he or she
has an interest in the matter, but in any proceedings against the member the
burden with lie on the member to prove that he or she was not, at the material
time, aware of his or her interest.
(7) This section does not apply in relation to an interest that arises by
virtue only of the fact that a member of the Council has an interest in a
particular sector of the State's economy or community more generally.
(1) The annual report of the Minister's department must include a report
on work undertaken within the department in relation to the development of
climate change policy and related initiatives.
(2) The Chief Executive of the Minister's department must consult with the
Premier's Climate Change Council in connection with the preparation of the
report required under subsection (1).
(1) The Minister must cause a review of this Act and its operation to be
conducted on a four-yearly basis.
(2) The review must include a specific report on—
(a) the extent to which the objects of this Act are being achieved;
and
(b) the extent to which additional legislative measures (if any) are
considered necessary to achieve the targets set by this Act within the periods
contemplated by this Act, including by the introduction of performance standards
and other mandatory requirements; and
(c) other matters determined by the Minister to be relevant to a review of
this Act.
(3) The Minister must take reasonable steps to ensure that, in the conduct
of the review, there is consultation with—
(a) the Premier's Climate Change Council; and
(b) other relevant business, environment and community groups and
organisations.
(4) The outcome of the review must be embodied in a written
report.
(5) The Minister must cause a copy of the report to be laid before both
Houses of Parliament within 6 sitting days after the report is presented to
the Minister.
(1) The Governor may make such regulations as are contemplated by, or as
are necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) require the provision of reports, returns, documents and other forms
of information to the Minister or any other prescribed person or body;
(b) require the keeping of records, statistics and any other information
by any person or body;
(c) authorise the Minister (or any person authorised by the Minister) to
inspect any information required to be kept under the regulations and require
any person to permit or facilitate any such inspection;
(d) require the giving of notice before any prescribed class of activity
is commenced, and the notification of the occurrence of any prescribed class of
event;
(e) provide for a scheme under which the Minister may set targets,
including interim targets, for the State Government, and specific targets for
specific government agencies or instrumentalities, to reduce greenhouse gas
emissions from their activities within the State that are at least equivalent to
the SA target;
(f) provide for the service of any notice or document;
(g) regulate the release or publication of information of a specified kind
obtained in the administration of this Act;
(h) prescribe fines, not exceeding $10 000, for contravention of a
regulation.
(3) Regulations under this Act—
(a) may be of general application or limited application;
(b) may make different provision according to the matters or circumstances
to which they are expressed to apply;
(c) may provide that a matter or thing in respect of which regulations may
be made is to be determined according to the discretion of the Minister or any
other person or body prescribed by the regulations.