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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
SAFE CLIMATE BILL 2020
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Acknowledgement of climate emergency
5. Principles
6. Objects of Act
7. Application of Act
8. Act binds Crown
PART 2 - SAFE CLIMATE COMMITTEE
9. Constitution of Safe Climate Committee
10. Functions of Committee
PART 3 - SAFE CLIMATE COMMISSION
Division 1 -Safe Climate Commission
11. Establishment of Safe Climate Commission
12. Objectives and Functions of Commission
13. Powers of Commission
14. Independence of Commission
Division 2 - Board and Staff of Commission
15. Board of Commission
16. Role and powers of Board
17. Appointment of Commissioner
18. Deputy Commissioner
19. Staff
Page 1 of 64
Division 3 - Functions and Powers of Commissioner
20. Functions of Commissioner
21. Powers of Commissioner
22. Power to gather information
23. Citizen juries
24. Voluntary emissions agreements
25. Carbon accreditation standards
Division 4 - Reporting
26. Annual report
27. Emissions report
28. Other reports
Division 5 - Miscellaneous
29. Delegation of powers and functions
30. Obstruction
31. False reporting
32. General duty of confidentiality
33. Protection from liability
PART 4 - EMISSIONS ABATEMENT
34. Interpretation of Part
35. Preparation of emissions abatement plan
36. State to meet abatement targets
37. Report where abatement targets cannot be met
38. Amendments to emissions abatement plan
39. Reporting on the emissions abatement plan
40. Abatement targets
PART 5 - CARBON STORES
41. Minister to prepare carbon stores plan
42. Contents of carbon stores plan
43. Minister to review carbon stores plan
44. Minister to report on implementation of carbon stores plan
PART 6 - CLIMATE ADAPTATION
45. Minister to prepare state climate adaptation plan
46. Councils to develop municipal climate adaptation plans
47. Councils may seek cost recovery
PART 7 - MISCELLANEOUS
Page 2 of 64
48. Delegation
49. Regulations
50. Consequential amendments
51. Acts repealed and statutory rules rescinded
SCHEDULE 1 - MEMBERSHIP OF COMMITTEE
SCHEDULE 2 - MEETINGS OF COMMITTEE
SCHEDULE 3 - MEMBERSHIP OF BOARD
SCHEDULE 4 - MEETINGS OF BOARD
SCHEDULE 5 - GENERAL PROVISIONS AS TO THE COMMISSIONER
SCHEDULE 6 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 7 - ACTS REPEALED AND STATUTORY RULES RESCINDED
Page 3 of 64
SAFE CLIMATE BILL 2020
(Brought in by Rosalie Ellen Woodruff MP)
A BILL FOR
An Act to acknowledge the climate emergency as a threat to life on
Earth and establish a framework for Tasmania to respond, provide
targets and mechanisms to reduce greenhouse gas emissions,
protect and increase carbon stores, and set requirements for
climate adaptation
Be it enacted by Her Excellency the Governor of Tasmania, by and
with the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Safe Climate Act 2020.
2. Commencement
This Act commences 60 days after the day on which this
Act receives the Royal Assent.
3. Interpretation
In this Act -
abatement means the reduction of anthropogenic
greenhouse gas emissions;
abatement targets means the abatement targets set
out in section 40 of this Act and proclaimed under
Page 4 of 64
section 40 of this Act;
Board means the Board of the Safe Climate
Commission constituted under section 15 of this
Act;
carbon accreditation standards means standards
developed under section 25 of this Act;
carbon storage means the sequestration of carbon
in a carbon store;
carbon store means natural or synthetic systems
containing sequestered carbon with ongoing
potential for the sequestration of carbon;
climate adaptation means adjustment in natural or
human systems in response to actual or expected
climatic conditions, which moderate harm or
utilise beneficial opportunities;
climate emergency means the global state of
emergency resulting from the climatic changes
being caused by anthropogenic factors, including
the combustion of fossil fuels, land clearing and
agricultural practices, as well as the resulting
impacts of climatic changes on the environment,
societies and economies;
climate mitigation means the reduction of
atmospheric greenhouse gases through abatement
or sequestration;
climate science means the tertiary qualified study
of a scientific discipline with a focus on climate
change, including a history of publishing climate
change research, subject to peer review, in
scientific journals;
Commission means the Safe Climate Commission
established under section 9 of this Act;
Page 5 of 64
Commissioner means the Commissioner of the
Safe Climate Commission appointed under
section 17 of this Act;
Committee means the Parliamentary Joint
Standing Committee on a Safe Climate
constituted under section 9 of this Act;
corporation has the same meaning as defined in
section 57A of the Corporations Act 2001 of the
Commonwealth;
council means a council established under section
18 of the Local Government Act 1993;
greenhouse gas emissions means emissions of -
(a) carbon dioxide; or
(b) methane; or
(c) nitrous oxide; or
(d) hydrofluorocarbons; or
(e) perfluorocarbons; or
(f) sulfur hexafluoride; or
(g) gases prescribed by the regulations;
incentives include financial and non-financial
assistance;
member in relation to a political party means a
member of the House of Assembly endorsed by a
political party under section 77 of the Electoral
Act 2004, and who retains membership to that
political party;
municipal area means a municipal area within the
meaning of the Local Government Act 1993;
municipal climate adaptation plan means a plan
Page 6 of 64
prepared under section 46 of this Act;
offset, in relation to greenhouse gas emissions,
means the matching of greenhouse gas emissions
with equivalent climate mitigation activities;
political party means a party registered under Part
4 of the Electoral Act 2004;
sequestration means the removal of carbon
dioxide from the atmosphere through organic or
synthetic carbon fixation pathways;
state climate adaptation plan means a plan
prepared under section 45 of this Act;
state emissions report means a report under
section 27 of this Act;
State Service Agency has the same meaning as
'Agency' in the State Service Act 2000;
voluntary emissions agreement means an
agreement under section 24 of this Act;
4. Acknowledgement of climate emergency
The Parliament of Tasmania hereby acknowledges the
world is in a state of climate emergency and without
serious action and intervention the results will be
devastating to life on Earth.
5. Principles
The principles through which this Act should be
interpreted are -
(a) there is an urgent need to respond to the
climate emergency; and
(b) responses to the climate emergency should
rely on contemporary climate science; and
(c) it is the responsibility of the State of
Page 7 of 64
Tasmania to cause greenhouse gas emissions to be
reduced; and
(d) the costs and impacts of climate mitigation
for the most socio-economically disadvantaged
should be avoided or alleviated to the greatest
extent practicable.
6. Objects of Act
The objects of this Act are -
(a) to provide a legislative framework to
facilitate a sustained, meaningful response to the
climate emergency in Tasmania; and
(b) to set binding targets for the government to
act on the climate emergency; and
(c) to enable strong and independent advocacy
for meaningful responses to the climate emergency;
and
(d) to facilitate, and provide incentives for, the
replacement of unsustainable practices with
sustainable practices; and
(e) to improve health, security, and wellbeing
outcomes in changing climate; and
(f) to protect the interests and rights of future
generations through a meaningful response to the
climate emergency; and
(g) to ensure that, in responding to the climate
emergency, inequality is redressed.
7. Application of Act
Unless the contrary intention appears, this Act is in
addition to, and does not derogate from, the provisions of
any other Act.
Page 8 of 64
8. Act binds Crown
This Act binds the Crown in right of Tasmania and, so far
as the legislative power of Parliament permits, in all its
other capacities.
Page 9 of 64
PART 2 - SAFE CLIMATE COMMITTEE
9. Constitution of Safe Climate Committee
(1) The Joint Standing Committee on a Safe Climate is
established.
(2) The Committee shall be appointed at the
commencement of the first session of each Parliament
according to the practice regulating the appointment of
members to serve on select committees of the Legislative
Council and House of Assembly respectively.
(3) The Committee shall consist of six members, of
whom -
(a) 3 are to be members of the Legislative
Council; and
(b) 3 are to be members of the House of
Assembly.
(4) Of the members of the Committee referred to in
subsection (3)(b), at least one member of any political
party that has a member or members in the House of
Assembly is to be a member of the Committee.
(5) Subsection (4) notwithstanding, in the event that
there are more than 3 political parties represented in the
House of Assembly, priority is to be provided to the 3
political parties with the most members of that political
party represented in the House of Assembly.
(6) Subsection (4) notwithstanding, a person must
understand and accept the acknowledgement of climate
emergency under section 4 of this Act in order to be
eligible for membership of the Committee.
(7) Schedule 1 has effect with respect to the
membership of the Committee.
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(8) Schedule 2 has effect with respect to the
proceedings of the Committee.
10. Functions of Committee
(1) The Committee has the following functions -
(a) to inquire into, consider and report to the
Parliament on any matter referred to the Committee
by either House relating to the climate emergency,
including -
(i) policy relating to the climate
emergency; or
(ii) greenhouse gas emissions; or
(iii) the impacts of the climate emergency
on Tasmania; and
(b) to inquire into, consider and report to the
Parliament on any matter arising in connection with
the climate emergency that the Committee considers
appropriate; and
(c) any other functions the Committee has under
this, or any other Act; and
(d) any other functions that may be prescribed.
(2) In performing its functions the Committee is to have
reference to contemporary climate science.
Page 11 of 64
PART 3 - SAFE CLIMATE COMMISSION
Division 1 - Safe Climate Commission
11. Establishment of Safe Climate Commission
(1) The Safe Climate Commission is established.
(2) The Safe Climate Commission includes the Board,
any member of the Board, the Commissioner, and the staff
of the Safe Climate Commission.
(3) The Commission -
(a) is a body corporate with perpetual succession;
and
(b) may have a seal; and
(c) may sue and be sued in its corporate name;
and
(d) is an instrumentality of the Crown.
(4) If the Commission has a seal -
(a) it is to be kept and used as authorised by the
Commission; and
(b) all courts and persons acting judicially must
take judicial notice of the imprint of the seal on a
document and presume that it was duly sealed by the
Commission.
12. Objectives and Functions of Commission
(1) The main objectives of the Commission are to
contribute to -
(a) the reduction of greenhouse gas emissions in
Tasmania; and
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(b) protecting and increasing Tasmania's carbon
stores; and
(c) the development and implementation of
climate adaptation measures.
(2) The Commission has the following functions -
(a) to provide advice and promote actions to
contribute to climate mitigation and adaptation
across government, industry, the community sector
and households; and
(b) to develop materials, programs and
partnerships to encourage contributions to climate
mitigation and adaptation; and
(c) to commission, conduct and publish research
relating to climate projects and the impact of the
climate emergency; and
(d) to advance the objectives of this Act and of
the Commission generally; and
(e) any other functions the Commission has
under this, or any other Act; and
(f) any other functions that may be prescribed.
(3) In the performance of its functions, the Commission
is to have constant regard to the objectives set out in this
section and is to act in a way that best meets and advances
those objectives.
13. Powers of Commission
(1) The Commission has the power to do -
(a) all things necessary or convenient to be done
in connection with the performance of its functions;
and
Page 13 of 64
(b) all other things that it is authorised to do by
this or any other Act.
(2) Without limiting subsection (1), the Commission
has the power to -
(a) acquire, hold, dispose of and otherwise deal
with property; and
(b) enter into contracts; and
(c) control access to, and the uses to be made of,
any material, or assets, owned or developed by the
Authority.
(3) In the exercise of its powers, the Commission is to
have constant regard to the objectives and functions of the
Commission and is to act in a way that best meets and
advances those objectives and functions.
14. Independence of Commission
The Commission is not subject to the direction or control
of the Minister in respect of the performance or exercise of
its functions or powers.
Division 2 - Board and Staff of Commission
15. Board of Commission
(1) The Board of the Safe Climate Commission is
established.
(2) The members of the Board are -
(a) the chair; and
(b) not less than 5, and not more than 7, other
persons.
Page 14 of 64
(3) The chair and members of the Board referred to in
subsection (2) are appointed by the Governor on the
recommendation of the Minister.
(4) In making a recommendation under subsection (3),
the Minister is to ensure that the Board and chair
collectively has 3 members with expertise in climate
science.
(5) In making a recommendation under subsection (3),
the Minister is to ensure that the Board and chair
collectively has experience in most or all of the following
areas -
(a) legal practice;
(b) local government and planning;
(c) public communication;
(d) public policy;
(e) emergency response;
(f) environmental regulation.
(6) Before the Minister makes a recommendation under
subsection (3) the Minister must consult the Committee.
(7) If the members of the Committee have not been
appointed or Parliament has been prorogued, the Minister
is to consult -
(a) the President of the Legislative Council; and
(b) the Parliamentary leader of each political
party represented in the House of Assembly.
(8) Before the Minister makes a recommendation under
subsection (3) the Minister is to ensure each person to be
recommended by the Minister understands and accepts the
acknowledgement of climate emergency under section 4 of
this Act.
Page 15 of 64
(9) Schedule 3 has effect with respect to membership of
the Board.
(10) Schedule 4 has effect with respect to meetings of the
Board.
16. Role and powers of Board
(1) The role of the Board is to -
(a) provide guidance to facilitate the functions
and powers of the Commission, under this or any
other Act, being performed and exercised by the
Commissioner and staff of the Commission in
accordance with sound public administration
practice and principles of procedural fairness and the
objectives of this Part; and
(b) monitor and report to the Minister or
Committee, or both the Minister and Committee, on
the operation and effectiveness of this Part and other
legislation relevant to the functions and objectives of
the Commission.
(2) The Board has the power to do all things necessary
or convenient to be done in connection with the
performance and exercise of its responsibilities and powers
under this or any other Act.
17. Appointment of Commissioner
(1) The Governor, on the recommendation of the
Minister, is to appoint a person as the Safe Climate
Commissioner.
(2) The Safe Climate Commissioner is the chief
executive officer of the Commission, and is responsible to
the Board for the general administration, management and
operations of the Commission.
(3) The Minister must consult with the Committee, the
President of the Legislative Council and the Speaker of the
Page 16 of 64
House of Assembly before making a recommendation
under subsection (1).
(4) Before the Minister makes a recommendation under
subsection (1) the Minister is to ensure that the person to
be recommended by the Minister understands and accepts
the acknowledgement of climate emergency under section
4 of this Act.
(5) Schedule 5 has effect with respect to the
appointment, terms, employment conditions and vacation
of office of the Commissioner.
18. Deputy Commissioner
(1) Subject to and in accordance with the State Service
Act 2000, a person is to be appointed or employed as
Deputy Commissioner.
(2) The Deputy Commissioner is to perform such
functions as the Commissioner directs.
(3) The Deputy Commissioner is to act as
Commissioner during any illness, suspension or absence of
the Commissioner, and during any vacancy in that office.
(4) While acting as Commissioner, the Deputy
Commissioner -
(a) has the same immunities and independence as
the Commissioner; and
(b) is to receive a salary at the same rate as that
payable to the Commissioner; and
(c) is to exercise the powers and perform the
functions of the Commissioner under this or any
other Act; and
(d) is taken to be the Commissioner in the
exercise of powers and performance of functions of
the Commissioner, and any act done towards this
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purpose has the same effect as if it were done by the
Commissioner.
19. Staff
Subject to and in accordance with the State Service Act
2000, persons may be appointed or employed for the
purposes of this Part.
Division 3 - Functions and Powers of Commissioner
20. Functions of Commissioner
(1) The Commissioner has the following functions -
(a) to be a public advocate for climate action; and
(b) assess, evaluate and publicly comment on
government climate policy; and
(c) report publicly on matters relevant to the
climate emergency and the objectives of the
Commission more generally; and
(d) to advise and comment on government
compliance with this Act, and any other Act relevant
to the climate emergency; and
(e) to advocate for policy and legislative reform
to improve climate mitigation and adaptation
outcomes; and
(f) to advance the objectives of this Act and the
Commission generally; and
(g) any other functions the Commissioner has
under this, or any other Act; and
(h) any other functions that may be prescribed.
Page 18 of 64
(4) In the performance of their functions, the
Commissioner is to have constant regard to the objectives
set out in section 12 of this Act and is to act in a way that
best meets and advances those objectives.
21. Powers of Commissioner
The Commissioner has the power to do -
(a) all things necessary or convenient to be done
in connection with the performance of their
functions; and
(b) all other things that it is authorised to do by
this or any other Act.
22. Power to gather information
(1) If necessary or convenient for the performance of a
function, the exercise of a power, or the advancing of the
Commission's objectives, the Commissioner may request
an entity to provide information to the Commission, if the
information requested is reasonable.
(2) Without limiting the generality of subsection (1),
information includes -
(a) records in the format, or manner, specified by
the Commissioner; and
(b) answers to questions whether orally or in
writing; and
(c) production of documents as specified in the
requirement.
(3) Without limiting the generality of subsection (1), an
entity includes -
(a) A State Service Agency; and
(b) A Council; and
(c) A corporation.
Page 19 of 64
(4) Without limiting the generality of subsection (1) or
(2), the type of information requested may relate to -
(a) greenhouse gas emissions; or
(b) greenhouse gas emissions mitigation
activities; or
(c) climate adaptation activities.
(5) In considering whether a request for information is
reasonable under subsection (1) the Commissioner, as far
as is relevant, is to have regard to -
(a) the likely relative contribution of the entity to
state greenhouse gas emissions; and
(b) any obligations or agreements the entity has
under this Act; and
(c) the relative climate adaptation responsibilities
of the entity; and
(d) the likely resource requirements to produce
the information requested relative to the entity's
available resources.
(6) In making a request under this section, the
Commissioner -
(a) is to provide a reasonable timeframe for an
entity to provide information; and
(b) may vary the timeframe requested under
paragraph (a) on application of an entity of which a
request has been made under subsection (1).
(7) An entity must provide information requested under
this section within the timeframes requested.
Penalty: Fine not exceeding 20 penalty units and, in the
case of a continuing offence, a further fine not exceeding 2
Page 20 of 64
penalty units for each day during which the offence
continues.
(8) In addition to any penalty imposed on a person
under subsection (7), a court may make an order requiring
the person to provide information, answer questions, or
produce documents, to the Commissioner in accordance
with the order.
(9) A person complying with a requirement of the
Commissioner or the court under this section cannot, by
virtue of complying with that requirement -
(a) be held to have breached any code of
professional etiquette or ethics; or
(b) be taken to have departed from acceptable
standards of professional conduct; or
(c) be taken to have contravened any
confidentiality requirements of any Act.
23. Citizen juries
(1) The Commissioner may convene a citizen jury for
the purposes of progressing the objectives or functions of
the Commission.
(2) Without limiting the generality of subsection (1), a
citizen jury may be convened to -
(a) resolve in favour of, or in opposition to, a
policy or bill, or a proposed policy or bill, that
relates to or may have a material relationship with
the climate emergency; or
(b) determine whether or not the measures in an
emissions abatement plan prepared under section 35
of this Act are sufficient to meet the abatement
targets in section 40 of this Act; or
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(c) determine whether or not a report prepared
under section 37 of this Act sufficiently meets the
standard required under section 36(3) of this Act.
(3) A citizen jury may be designed to represent a
particular demographic, if the Commissioner considers that
the perspective of the demographic in question is
particularly relevant.
(4) The Commissioner is to ensure that, as far as is
practicable all interested parties, or if not practicable, the
parties that the Commissioner reasonably considers to hold
primary interest, are afforded opportunity to present to a
citizen jury.
(5) The Commissioner is to ensure that, as far as is
practicable, a broad and balanced range of views and
interests are presented to a citizen jury.
(6) Further conditions for citizen juries may be
prescribed, including but not limited to -
(a) the process for citizen jury member selection;
and
(b) compensation payable, or not payable, to
citizen jury participants; and
(c) conduct and rules of proceedings; and
(d) conduct of citizen jury members.
24. Voluntary emissions agreements
(1) The Commissioner may engage with corporations to
develop voluntary emissions agreements for the purposes
of reducing greenhouse gas emissions.
(2) The Commissioner may make a request to the
Minister for incentives to be offered as part of a voluntary
emissions agreement.
(3) The Minister may -
Page 22 of 64
(a) agree to offer the requested incentives; or
(b) reject the request; or
(c) propose alternative incentives.
(4) In the event that the Minister agrees to offer
incentives, the Crown becomes a party to the agreement.
(5) In the event that incentives are offered as part of a
voluntary emissions agreement, the agreement may contain
provisions for the recovery of money or other forms of
incentives in the event that conditions are not met.
(6) Other than the conditions set out in subsection (5)
voluntary emissions agreements are not binding.
(7) The Commissioner may publish details of voluntary
emissions agreements with the consent of each party
involved.
(8) The Commissioner may develop guidelines for
voluntary emissions agreements.
25. Carbon accreditation standards
(1) The Commissioner may develop carbon
accreditation standards for the purposes of accrediting
corporations or other entities.
(2) Carbon accreditation standards developed under
subsection (1) must, as far as is practicable and relevant, be
consistent with this Act and the regulations under this Act.
(3) Without limiting the generality of subsection (1)
carbon accreditation standards may include -
(a) multiple tiers of standards; and
(b) industry-specific standards; and
(c) assessment of direct or indirect greenhouse
gas emissions; and
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(d) assessment of greenhouse gas abatement or
offset activities.
(4) The Commissioner may vary carbon accreditation
standards.
(5) The Commissioner must cause carbon accreditation
standards to be laid before each House of the Parliament
within 10 sitting days of that House after carbon
accreditation standards are prepared or varied and publish
carbon accreditation standards on the Internet site of the
Commission as soon as practicable after the standards are
laid before each House of the Parliament.
(6) On application from a corporation or other entity,
the Commissioner may assess the corporation or entity
against carbon accreditation standards.
(7) Assessment of an entity against carbon accreditation
standards must conform with the regulations under this
Act, including but not limited to any prescribed method for
measuring greenhouse gas emissions.
Division 4 - Reporting
26. Annual report
(1) The Commissioner, on or before 30 November or
such other date as may be prescribed, is to lay before each
House of Parliament a report on the performance of its
functions and exercise of its powers under this Act during
the period of 12 months ending on the last preceding 30
June.
(2) The report under subsection (1) may be combined
with the report under section 36 of the State Service Act
2000.
Page 24 of 64
(3) If the Commissioner is unable to comply with
subsection (1) for any reason other than that a House of
Parliament is not sitting, the Commissioner must cause to
be laid before each House of Parliament a statement
specifying -
(d) the reasons for the failure to comply with that
subsection; and
(e) an estimate of the day by which a copy of the
annual report will be ready to be laid before each
House of Parliament.
(4) If the Commissioner is unable to comply with
subsection (1) because a House of Parliament is not sitting,
the Commissioner must -
(a) forward a copy of the annual report to the
Clerk of that House; and
(b) within the next 7 sitting-days of that House,
cause a copy of the annual report to be laid before
that House.
27. Emissions reporting
(1) The Commissioner, on or before 30 July or such
other date as may be prescribed, is to lay before each
House of Parliament a state emissions report for the
previous calendar year and publish the state emissions
report on the internet site of the Commission as soon as
practicable after the plan is laid before each House of the
Parliament.
(2) A state emissions report is to contain -
(a) Tasmania's total greenhouse gas emissions;
and
(b) a breakdown of greenhouse gas emissions by
sector, as defined by section 34(3) of this Act; and
Page 25 of 64
(c) annual historic comparisons, where available,
of at least 10 years; and
(d) a ranked list of the highest corporate emitters
of greenhouse gases operating in Tasmania; and
(e) progress towards abatement targets; and
(f) any other details the Commissioner sees fit to
include; and
(g) any other details that are prescribed.
28. Other reports
(1) The Commissioner may, at any time, prepare a
report on -
(a) any investigation, review or research
conducted in the performance of the Commissioner's
functions; or
(b) any other matter arising in the performance of
those functions; or
(c) any other matter or issue for the purposes of
advancing the objectives of the Commission or
Commissioner.
(2) A report under subsection (1) may include
recommendations relating to -
(a) changes to written law, draft law, policy,
practice or procedure; or
(b) changes of practice for individuals,
government, a corporation or corporations, or any
other entity;
(c) any other matter to Commissioner considers
desirable to advance the objectives or fulfil the
functions of the Commission or Commissioner.
Page 26 of 64
(3) The Minister or Committee may request that the
Commissioner prepares a report under subsection (1) on a
matter relevant to the Commission's functions.
(4) The Commissioner may accept or reject a request
under subsection (3), or may report on different matters
related or somewhat related to the request under subsection
(3).
(5) The Commissioner must provide the Minister with a
copy of the report under subsection (1) within 7 days after
the report is finalised.
(6) The Commissioner may cause a copy of a report
under subsection (1) to be laid before each House of
Parliament no sooner than 7 sitting-days after a copy of the
report has been given to the Minister in accordance with
subsection (5).
(7) The Commissioner, after providing a copy of a
report to the Minister in accordance with subsection (5),
may publish or distribute a report in any manner the
Commissioner sees fit.
Division 5 - Miscellaneous
29. Delegation of powers and functions
The Commissioner may delegate any of their functions and
powers under this Act, other than this power of delegation.
30. Obstruction
A person must not obstruct, or hinder, a person who is
performing a function, or exercising a power, under this
Part.
Penalty: Fine not exceeding 20 penalty units and, in the
case of a continuing offence, a further fine not exceeding 2
Page 27 of 64
penalty units for each day during which the offence
continues.
31. False reporting
A person must not, in providing any information or
answering any question under this Part -
(a) make a statement knowing it to be false or
misleading; or
(b) omit any matter from a statement knowing
that without that matter the statement is false or
misleading.
Penalty: Fine not exceeding 20 penalty units.
32. General duty of confidentiality
(1) The Commissioner, or any other person performing
a function or exercising a power under this Part, has a
general duty of confidentiality in relation to information
gathered under section 22, or any other provision, of this
Act.
(2) Subsection (1) notwithstanding, the Commissioner
or any other person performing a function or exercising a
power under this Part, must publish information as this
Part requires.
(3) Subsection (1) notwithstanding, the Commissioner
or any other person performing a function or exercising a
power under this Part, may publish information if -
(a) Publishing the information would be
advancing an objective or fulfilling a function under
this Part; and
(b) they are of the reasonably held view that the
public benefit of publishing the information
outweighs any potential detrimental impacts on the
entities or individuals to which the information
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relates, was obtained from, or whom may otherwise
be detrimentally effected.
33. Protection from liability
(3) The Commissioner or any other person performing a
function or exercising a power under this Part does not
incur any personal liability, civil or criminal, in respect of
any act done or omitted to be done in good faith in the
performance or exercise, or purported performance or
exercise, of that function or power.
(4) No civil or criminal proceedings are to be brought
against the Commissioner or any other person performing
a function or exercising a power under this Part, in respect
of an act or omission referred to in subsection (1) without
the leave of the Supreme Court, and the Supreme Court is
not to give leave under this section unless it is satisfied that
there is substantial ground for the contention that the
person to be proceeded against has acted, or omitted to act,
in bad faith.
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PART 4 - EMISSIONS ABATEMENT
34. Interpretation of Part
(1) In this Part -
baseline in relation to a draft emissions abatement
plan, emissions abatement plan, or amendment to an
emissions abatement plan, means -
(a) the emissions data for the whole state, and
each sector, contained in the most recent
emissions abatement plan final report; or
(b) if there is not an emissions abatement plan
final report, the most contemporary
Tasmanian emissions data in the Australian
National Greenhouse Accounts: State and
Territory Greenhouse Gas Inventories, as
published by the Commonwealth
Government.
emissions data has the meaning conveyed by
subsection (2).
sector has the meaning conveyed by subsection (3).
(2) Unless otherwise prescribed, in this Part
measurement of and reporting on greenhouse gas
emissions must be done in accordance with the most
recently published Australian National Greenhouse
Accounts: State and Territory Greenhouse Gas
Inventories, as published by the Commonwealth
Government.
(3) Unless otherwise prescribed, abatement targets
under section 40 of this Act relate to each sector and key
subsector as reported in the most recent Australian
National Greenhouse Accounts: State and Territory
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Greenhouse Gas Inventories at the time of preparation of
the draft emissions abatement plan.
(4) Despite subsections (2) and (3), reporting on
emissions, and abatement targets, must not account for
sequestration.
35. Preparation of emissions abatement plan
(1) The Minister must before 1 August 2021, and before
1 August every four years after 2021, prepare a draft
emissions abatement plan.
(2) An emissions abatement plan must relate to the
period of four years starting on 1 January in the year
following its preparation, and must contain measures to
meet the abatement targets under this Act.
(3) An emissions abatement plan must contain an
assessment of potential impacts on socio-economically
disadvantaged communities, and must contain
complementary measures to mitigate or alleviate these
impacts.
(4) In preparing the draft emissions abatement plan the
Minister must consult the Committee and the Commission.
(5) The Minister must make the draft emissions
abatement plan available for public comment.
(6) The Minister must before 1 November 2021, and
before 1 November every four years after 2021, finalise an
emissions abatement plan.
(7) The Minister must cause the emissions abatement
plan to be laid before each House of the Parliament within
10 sitting days of that House after the plan is finalised and
publish the emissions abatement plan on the Internet site of
the Department as soon as practicable after the plan is laid
before each House of the Parliament.
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36. State to meet abatement targets
(1) In preparing a draft emissions abatement plan,
emissions abatement plan, or an amendment to an emission
abatement plan, the Minister must, unless otherwise
indicated by this Part, ensure that -
(a) the emissions abatement plan contains
measures to meet all abatement targets; and
(b) there is reasonable evidence that these
measures are conducive to abatement targets being
met within the legislated timeframe.
(2) The Minister, subject to this Part, must ensure that
measures contained within the emissions abatement plan
are implemented.
(3) Despite subsection (1) a draft emissions abatement
plan, emissions abatement plan, or an amendment to an
emission abatement plan is not required to contain
measures to meet one or more abatement targets if there is
sufficient evidence that setting or implementing measures
would be unreasonable or unduly harmful.
(4) Without limiting the generality of subsection (3) a
measure is unreasonable or unduly harmful if -
(a) it is not possible, or no longer possible, to
implement a measure; or
(b) new evidence, or previously unconsidered
evidence, indicates that the measure would not
meaningfully progress the state towards an
abatement target; or
(c) implementing a measure would bear costs that
can be reasonably considered to outweigh the
benefits; or
(d) implementing a measure would cause wide-
spread and unreasonable hardship, and there are no
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options to mitigate the impacts so as to prevent them
from being wide-spread and unreasonable.
37. Report where abatement targets cannot be met
(1) If measures to meet an abatement target are not
required under section 36(3), the Minister must, as soon as
is practicable, prepare a report.
(2) A report under subsection (1) must outline -
(a) all measures considered to meet the relevant
abatement target or targets; and
(b) the reasons why the measures are considered
unreasonable or unduly harmful.
(3) A report under subsection (1) must be made
available at the same time as the draft emissions abatement
plan, the emissions abatement plan, or an amendment to
the emission abatement plan to which it relates.
(4) The Minister must cause a report under subsection
(1) to be laid before each House of the Parliament within
10 sitting days of that House after the report is prepared.
38. Amendments to emissions abatement plan
(1) The Minister may amend the emissions abatement
plan from time to time.
(2) Without limiting the generality of subsection (1), the
emissions abatement plan may be amended if -
(a) new abatement targets for the period covered
by the emissions abatement plan are set; or
(b) as a result of a measure being abolished or
varied by virtue of section 36(3); or
(c) in the event that progress towards abatement
targets are unsatisfactory, to implement further
measures.
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(3) The Minister must cause the amended emissions
abatement plan to be laid before each House of the
Parliament within 10 sitting days of that House after the
amended emissions abatement plan is prepared.
39. Reporting on the emissions abatement plan
(1) No earlier than twenty months, and no later than
thirty months, after the tabling of an emissions abatement
plan under section 35 of this Act, the Minister must cause
an emissions abatement plan interim report to be laid
before each House of the Parliament.
(2) An emissions abatement plan interim report must -
(a) detail the progress on measures contained in
the emissions abatement plan; and
(b) detail progress that has been made towards
the abatement targets set for the period to which the
emissions abatement plan relates; and
(c) assess whether the government is on track to
meet the abatement targets; and
(d) contain any other information that is
prescribed.
(3) Within 6 months of the conclusion of a period to
which an emissions abatement plan related, the Minister
must cause an emissions abatement plan final report to be
laid before each House of the Parliament.
(4) An emissions abatement plan final report must -
(a) Report on the most contemporary emissions
data; and
(b) detail the progress on measures contained in
the emissions abatement plan; and
(c) assess whether the government has met the
abatement targets under this Part; and
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(d) contain any other information that is
prescribed.
40. Abatement targets
(1) The State has abatement targets.
(2) The abatement targets for the end of each emissions
abatement plan period are a 4% reduction on baseline
levels for whole-of-state emissions, and for each sector.
(3) The Minister may, by proclamation, establish
abatement targets that have effect as well as, but not
instead of or despite, the abatement targets in subsection
(2).
(4) Abatement targets proclaimed under subsection (3)
are abatement targets for the purposes of this Act.
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PART 5 - CARBON STORES
41. Minister to prepare carbon stores plan
(1) The Minister must cause a draft carbon stores plan
to be prepared on or before 30 August 2021.
(2) The Minister must cause a carbon stores plan to be
finalised within 120 days of a draft being prepared under
subsection (1).
(3) The carbon stores plan must contain measures
relating to the period of 5 years following its finalisation.
(4) Nothing in subsection (3) should be taken to prevent
the carbon stores plan from containing provisions related
to a period of greater than 5 years.
(5) In preparing a draft carbon stores plan under
subsection (1), the Minister must consult -
(a) the Committee; and
(b) the Commission; and
(c) any person, persons, or entity the Minister
considers appropriate;
(d) any person, persons, or entity that may be
prescribed.
(6) Prior to finalising a carbon stores plan under
subsection (2), the Minister must -
(a) cause a draft carbon stores plan to be
published online; and
(b) provide at least 60 days for the public to
provide submissions to the draft carbon stores plan;
and
(c) do any other thing that may be prescribed.
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(7) The Minister must cause a carbon stores plan to be
laid before each House of the Parliament within 10 sitting
days of that House after the plan is prepared.
(8) The Minister must publish a carbon stores plan on
the Internet site of the Department as soon as practicable
after the plan is laid before each House of the Parliament
under subsection (7).
42. Contents of carbon stores plan
A carbon stores plan must contain policies to increase
average carbon sequestered per year through human
intervention in:-
(a) all carbon stores; and
(b) vegetation; and
(c) soils; and
(d) any other carbon store that may be prescribed.
43. Minister to review carbon stores plan
(1) The Minister must cause a review of the carbon
stores plan to be prepared at least every 5 years after 30
August 2021.
(2) The Minister must cause an updated carbon stores
plan to be finalised within 120 days of a review being
prepared under subsection (1).
(3) In preparing a review of the carbon stores plan
under subsection (1), the Minister must consult -
(a) the Committee; and
(b) the Commission; and
(c) any person, persons, or entity the Minister
considers appropriate;
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(d) any person, persons, or entity that may be
prescribed.
(4) Prior to finalising a carbon stores plan under
subsection (2), the Minister must -
(a) cause a a review of the carbon stores plan to
be published online; and
(b) provide at least 60 days for the public to
provide submissions to the review of the carbon
stores plan; and
(c) do any other thing that may be prescribed.
(5) The Minister must cause an updated carbon stores
plan to be laid before each House of the Parliament within
10 sitting days of that House after the plan is prepared.
(6) The Minister must publish an updated carbon stores
plan on the Internet site of the Department as soon as
practicable after the plan is laid before each House of the
Parliament under subsection (10).
44. Minister to report on implementation of carbon stores plan
(1) Prior to preparing a review of the carbon stores plan
under section 43, The Minister must ensure that a report on
the implementation and effectiveness of the past 5 years of
operation of the current carbon stores plan is published.
(2) A report under subsection (1) must -
(a) detail the progress on measures contained in
the carbon stores plan; and
(b) detail carbon sequestered through human
intervention during the past 5 years of operation of
the current carbon stores plan; and
(c) assess the impact of natural disasters on
carbon stores; and
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(d) contain any other information that is
prescribed.
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PART 6 - CLIMATE ADAPTATION
45. Minister to prepare state climate adaptation plan
(1) The Minister must cause a draft state climate
adaptation plan to be prepared on or before 30 August
2021.
(2) The Minister must cause a review of the state
climate adaptation plan to be prepared at least every 5
years after 30 August 2021.
(3) The Minister must cause a state climate adaptation
plan to be finalised within 120 days of a draft being
prepared under subsection (1) or a review being prepared
under subsection (2).
(4) The state climate adaptation plan must contain
measures relating to the period of 5 years following its
finalisation under subsection (3).
(5) Nothing in subsection (4) should be taken to prevent
the state climate adaptation plan from containing
provisions related to a period of greater than 5 years.
(6) A state climate adaptation plan must include -
(a) modelling of the impacts of the climate
emergency on Tasmania; and
(b) measures to mitigate the impacts of the
climate emergency on Tasmania; and
(c) set out legislation relevant to climate
adaptation that will be reviewed within the five year
period following the finalisation of the state climate
adaptation plan; and
(d) any other matter that may be prescribed.
(7) The Minister must ensure that a review of the state
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climate adaptation plan includes a report on the
implementation and effectiveness, as at the time the plan is
prepared, of the past 5 years of operation of the current
state climate adaptation plan.
(8) In preparing a draft state climate adaptation plan
under subsection (1), or a review of the state climate
adaptation plan under subsection (2), the Minister must
consult -
(e) the Committee; and
(f) the Commission; and
(g) any person, persons, or entity the Minister
considers appropriate;
(h) any person, persons, or entity that may be
prescribed.
(9) Prior to finalising a state climate adaptation plan
under subsection (3), the Minister must -
(i) cause a draft state climate adaption plan or a
review of the state climate adaptation plan to be
published online; and
(j) provide at least 60 days for the public to
provide submissions to the draft state climate
adaption plan or a review of the state climate
adaptation plan; and
(k) do any other thing that may be prescribed.
(10) The Minister must cause a state climate adaptation
plan to be laid before each House of the Parliament within
10 sitting days of that House after the plan is prepared.
(11) The Minister must publish a state climate adaptation
plan on the Internet site of the Department as soon as
practicable after the plan is laid before each House of the
Parliament under subsection (10).
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46. Councils to develop municipal climate adaptation plans
(1) A council is to prepare a draft municipal climate
adaptation plan to be prepared on or before 30 August
2022.
(2) A council must cause a review of the municipal
climate adaptation plan to be prepared at least every 5
years after 30 August 2022.
(3) A council must cause a municipal climate adaptation
plan to be finalised within 90 days of a draft being
prepared under subsection (1) or a review being prepared
under subsection (2).
(4) A municipal climate adaptation plan must contain
measures relating to the period of 5 years following its
finalisation under subsection (3).
(5) Nothing in subsection (4) should be taken to prevent
a municipal climate adaptation plan from containing
provisions related to a period of greater than 5 years.
(6) A municipal climate adaptation plan must include--
(a) modelling of the impacts of the climate
emergency on the municipal area; and
(b) measures to mitigate the impacts of the
climate emergency on the municipal area; and
(c) any matter required under a state climate
adaptation plan; and
(d) any other matter that may be prescribed.
(7) A council is to ensure that a municipal climate
adaptation plan is consistent with -
(a) any relevant regional land use strategy; and
(b) each State Policy; and
(c) Tasmanian Planning Policies; and
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(d) any state climate adaptation plan in force; and
(e) any other matter than may be prescribed.
(8) Prior to finalising a municipal climate adaptation
plan under subsection (3), a council must
(a) cause a draft municipal climate adaption plan
or a review of the municipal climate adaptation plan
to be published online; and
(b) cause a notice that a draft municipal climate
adaption plan or a review of the municipal climate
adaptation plan are open for consultation in one or
more local paper; and
(c) provide at least 30 days for the public to
provide submissions to the draft municipal climate
adaption plan or a review of the municipal climate
adaptation plan; and
(d) hold at least two public meetings for the
purposes of providing information, and seeking
public input, regarding the draft municipal climate
adaption plan or a review of the municipal climate
adaptation plan; and
(e) do any other thing that may be prescribed.
(9) The general manager is to make a copy of a
municipal climate adaptation plan available on the
council's website and for public inspection at the public
office during ordinary office hours.
47. Councils may seek cost recovery
(1) A council may request in writing to the Treasurer
that the State reimburse the council, in part or in full, for
costs associated with the preparation of a draft municipal
climate adaption plan or a review of the municipal climate
adaptation plan.
(2) The Treasurer, in relation to a request under
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subsection (1) may -
(a) refuse the request; or
(b) accept the request; or
(c) offer any alternative form of assistance the
Treasurer deems fit.
(3) In considering a request under subsection (1) the
Treasurer may request any information the Treasurer
deems relevant from the council.
(4) In considering a response to a request under
subsection (2) the Treasurer is to have regard to -
(a) the size of the council; and
(b) the financial situation of the council; and
(c) the financial situation of the State; and
(d) the costs associated with the preparation of a
draft municipal climate adaption plan or a review of
the municipal climate adaptation plan; and
(e) the extent of any assistance already provided
by the State; and
(f) any other matter the Treasurer deems
relevant.
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PART 7 - MISCELLANEOUS
48. Delegation
The Minister may delegate any of their functions and
powers under this Act, other than this power of delegation.
49. Regulations
(1) The Governor may, on the recommendation of the
Minister, make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1), the
regulations may -
(a) prescribe the method or methods for
measuring greenhouse gas emissions for the
purposes of this Act; and
(b) prescribe other measures and matters relating
to the measurement of greenhouse gas emissions;
and
(c) prescribe methods for measuring reductions
in greenhouse gas emissions; and
(d) prescribe the method or methods for
measuring carbon stored in vegetation, soil or any
other carbon store for the purposes of this Act; and
(e) require any person to provide specified
reports, returns, documents or other forms of
information to the Minister, Commissioner or
another person; and
(f) require any person to keep specified records,
statistics or other information; and
(g) authorise the Minister, any person authorised
by the Minister, or Commissioner to inspect any
information required to be kept under the regulations
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and require any person to permit or facilitate any
such inspection; and
(h) require the giving of notice before a specified
activity or class of activities is commenced, and the
notification of the occurrence of any specified event
or class of events; and
(i) provide for the service of any specified notice
or document; and
(j) regulate the release or publication of specified
information obtained in the administration of this
Act; and
(k) confer powers and functions on the Minister;
and
(l) confer powers and functions on the
Commissioner; and
(m) authorise any matter to be from time to time
determined, applied or regulated by any specified
person.
(3) The regulations may provide for any matter by
incorporating, either specifically or by reference and either
wholly or in part and with or without modification, any
code, standard or guideline, whether as in force at a
particular time or as from time to time amended and
whether published or issued before, on or after the day on
which this Act commences.
(4) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for the
imposition of a fine not exceeding 30 penalty units
and, in the case of a continuing offence, a further
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fine not exceeding 3 penalty units for each day
during which the offence continues.
(5) Regulations may be developed for the purposes of
meeting abatement targets.
50. Consequential amendments
The legislation specified in Schedule 6 is amended as
specified in that Schedule.
51. Acts repealed and statutory rules rescinded
The Acts specified in Schedule 7 are repealed and the
Statutory Rules specified in Schedule 7 are rescinded.
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SCHEDULE 1 - MEMBERSHIP OF COMMITTEE
1. Vacancies
(1) A member of the Committee may resign their office
as a member by writing under their hand addressed to the
Governor.
(2) The office of a member of the Committee becomes
vacant for any reason that would vacate their seat as a
member of the Legislative Council or House of Assembly,
as the case may be.
(3) Where a vacancy occurs in the office of a member
of the Committee, it shall be filled by appointment as
provided in section 9 of this Act within the next ten sitting
days of the House of Parliament by which they were
appointed as a member of the Committee.
(4) If a vacancy occurs when Parliament is not in
session, the Governor may appoint a Member of the House
of Parliament to temporarily fill the vacancy until it is
filled as provided in section 9(2) of this Act.
2. Proceedings of Joint Committee
There shall be a chairperson and vice-chairperson of the
Committee, who shall be elected by the members of the
Committee at the first meeting of the Committee or as soon
thereafter as is practicable.
3. Secretary of Committee
(1) The President of the Legislative Council and the
Speaker of the House of Assembly jointly are to appoint an
officer of one of the Houses of Parliament to be the
secretary of the Committee.
(2) Notwithstanding section 21 of the Acts
Interpretation Act 1931, in the event of the sickness or
absence of the secretary, or their inability to act, the
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President of the Legislative Council and the Speaker of the
House of Assembly may jointly select one of the officers
of the Houses of Parliament to act in the place of the
secretary for such period or until such date as the President
and Speaker may jointly determine, and while so acting
that officer shall, for all purposes, be regarded as the
secretary.
4. Membership of Committee not an office of profit
The office of a member of the Committee is not an office
of profit or emolument within the meaning of the
Constitution Act 1934 and the acceptance and holding of
such an office does not -
(a) render the holder of the office incapable of
sitting or voting as a member of either House of
Parliament; or
(b) make void the election of the holder of the
office as a member of either House of Parliament.
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SCHEDULE 2 - MEETINGS OF COMMITTEE
1. Proceedings of Committee
(1) Any four members of the Committee constitute a
quorum of the Committee.
(2) The chairperson, or, in the case of their absence or
other disability, the vice-chairperson, shall preside at all
meetings of the Committee at which they are present.
(3) At a meeting of the Committee at which a quorum is
present, the members in attendance may, in the absence of
the chairperson and vice-chairperson, appoint one of their
number then present to be temporary chairperson, and the
temporary chairperson has, during the absence of the
chairperson and vice-chairperson, all the powers of the
chairperson.
(4) At meetings of the Committee -
(a) the chairperson or, in their absence, the vice-
chairperson, has a deliberative vote only; and
(b) when the votes on a question are equal the
question passes in the negative.
(5) Where a division is called for on any question, the
names of the members voting shall be stated in the minutes
and in the report of the Committee.
(6) The Committee shall cause minutes of its
proceedings to be kept.
(7) The Committee may sit and transact business during
any adjournment or recess, and may sit at such times and
in such places, and conduct its proceedings in such
manner, as it thinks proper.
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2. Evidence before Committee
(1) The Committee may summon witnesses to appear
before it to give evidence and to produce documents, and
for that purpose has all the power and authority of a Select
Committee of the House of Assembly.
(2) A witness who is summoned to appear, or who
appears, before the Committee has the same protection and
privileges as a witness in an action tried in the Supreme
Court.
(3) Except where it considers that there is good and
sufficient reason to take evidence in private, all evidence
shall be taken by the Committee in public.
(4) Notwithstanding anything in subsection (3) of this
section the Committee, when requested so to do by a
witness, shall take in private any evidence that, in the
opinion of the Committee, relates to a secret or
confidential matter.
(5) Subject to subsection (6) of this section, the
Committee may, in its discretion, disclose or publish, or
authorise the disclosure or publication, of evidence taken
in private.
(6) Where there is taken in private any evidence of a
witness that the Committee is of opinion relates to a secret
or confidential matter and the witness requests that that
evidence be not published the Committee shall not,
without the consent in writing of the witness, disclose or
publish, or authorise the disclosure or publication of that
evidence, unless it has already been lawfully published.
(7) Where evidence is taken by the Committee in
private no person, whether a member of the Committee or
not, shall, without the authority of the Committee, given in
writing by the chairperson thereof, disclose or publish that
evidence unless it has already been lawfully published.
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(8) References in this section to evidence shall be
construed as including references to documentary
evidence, and references therein to evidence given by a
witness shall be construed as including references to any
part of the evidence so given.
(9) Any person who discloses or publishes any evidence
contrary to the provisions of this section is guilty of an
offence.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding 6 months, or both.
(10) An offence under subsection (9) of this section shall
not be prosecuted without the consent of the Attorney-
General.
(11) Section 2A of the Parliamentary Privilege Act
1957 applies to any matter being examined by the
Committee under this Act as it applies to the matters
referred to in that Division.
3. Continuation of Proceedings
Where the Committee, as constituted at any time, has taken
evidence in relation to any matter, but the Committee as so
constituted has ceased to exist before reporting on that
matter, the Committee as next constituted may consider
that evidence as if it had been given before it.
4. Witnesses' expenses
Every witness appearing before the Committee to give
evidence shall be entitled to be paid such witnesses' fees
and travelling expenses as the Chairperson or Vice-
Chairperson thinks fit to allow in accordance with a scale
prescribed by the Governor.
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SCHEDULE 3 - MEMBERSHIP OF BOARD
1. Interpretation
In this Schedule -
member means a member of the Board and includes
an acting member.
2. Term of office
(1) A member is appointed for the period, not
exceeding 3 years, as is specified in the member's
instrument of appointment and, if eligible, may be
reappointed.
(2) A member may serve any number of terms but not
more than 3 terms, of whatever duration, in succession.
3. Holding other office
The holder of an office who is required by the terms of his
or her employment to devote the whole of his or her time
to the duties of that office is not disqualified from -
(a) holding that office and also the office of a
member; or
(b) accepting any remuneration payable to a
member.
4. State Service employment
A person may not hold the office of member in
conjunction with State Service employment.
5. Remuneration and conditions of appointment
(1) A member is entitled to be paid such remuneration
and allowances as the Minister determines.
(2) A member holds office on such conditions in
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respect of matters not provided for by this Act as are
specified in the member's instrument of appointment.
6. Vacation of office
(1) A member vacates office if they -
(a) die; or
(b) resign by notice given to the Minister; or
(c) are removed from office under subclause (2)
or (3).
(2) The Minister may recommend to the Governor that
a member be removed from office if the member -
(a) is absent from 3 consecutive meetings of the
Board without the permission of the chairperson; or
(b) becomes bankrupt, applies to take the benefit
of any law for the relief of bankrupt or insolvent
debtors, compounds with the member's creditors or
makes an assignment of the member's remuneration
or estate for their benefit; or
(c) is convicted, in Tasmania or elsewhere, of a
crime or an indictable offence; or
(d) fails to disclose a pecuniary interest as
required under clause 8 of Schedule 2 ; or
(e) has benefited from, or claimed to be entitled
to benefit from, a contract made by or on behalf of
the Board, other than a contract for a good or service
ordinarily supplied by the Board and supplied on the
same terms as that good or service is ordinarily
supplied to other persons in the same situation.
(3) The Minister may recommend to the Governor that a
member be removed from office if the Minister is satisfied
that the member is unable to perform adequately or
competently the duties of office.
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(4) A member must not be removed otherwise than in
accordance with this clause.
7. Filling of vacancies
If the office of a member becomes vacant, the Minister
may appoint a person to the vacant office for the remainder
of that member's term of office.
8. Validation of proceedings
(1) An act or proceeding of the Board or of a person
acting under any direction of the Board is not invalidated
by reason only that at the time when the act or proceeding
was done, taken or commenced there was a vacancy in the
office of a member.
(2) All acts and proceedings of the Board or of a person
acting under a direction of the Board are, despite the
subsequent discovery of a defect in the appointment of a
member or that any other person was disqualified from
acting as, or incapable of being, a member, as valid as if
the member had been duly appointed and was qualified to
act as, or capable of being, a member, and as if the Board
had been fully constituted.
9. Presumptions
In any proceeding by or against the Board, unless evidence
is given to the contrary, proof is not required of -
(a) the constitution of the Board; or
(b) the appointment of any member.
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SCHEDULE 4 - MEETINGS OF BOARD
1. Interpretation
In this Schedule -
member means a member of the Board and includes
an acting member.
2. Convening of meetings
(1) The chairperson, after giving each member
reasonable notice of a meeting -
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested to do
so by 3 or more other members.
(2) If the chairperson is absent from duty or otherwise
unable to perform the duties of the office, a meeting may
be convened, after reasonable notice of the meeting has
been given of the meeting, by -
(a) 3 or more other members; or
(b) a person authorised by the Board to do so.
(3) For the purposes of subclauses (1) and (2), what
constitutes reasonable notice is to be determined by the
Board.
3. Presiding at meetings
(1) The chairperson is to preside at all meetings of the
Board at which they are present.
(2) If the chairperson is not present at a meeting of the
Board, a member elected by the members present at the
meeting is to preside.
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4. Quorum and voting at meetings
(1) At a meeting of the Board, a quorum is constituted
by a majority of the total number of members appointed.
(2) A meeting of the Board at which a quorum is
present is competent to transact any business of the Board.
(3) At a meeting of the Board -
(a) the member presiding has a deliberative vote
only; and
(b) a question is decided -
(i) by a majority of votes of the members
present and voting; or
(ii) in the negative if there is an equality of
votes of the members present and voting.
(4) At a meeting of the Board where a member is
excluded from being present and taking part in the
consideration and decision of the Board in respect of a
matter, a quorum for the purposes of considering and
making a decision in respect of that matter is constituted
by the number of members specified as constituting a
quorum in subclause (1) less the number of members so
excluded.
5. Conduct of meetings
(1) Except as provided by this Act, the Board may
regulate the calling of, and the conduct of business at, its
meetings as it considers appropriate.
(2) The Board may permit members to participate in a
particular meeting or all meetings by -
(a) telephone; or
(b) video conference; or
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(c) any other means of communication approved
by the Board.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken to be
present at the meeting.
(4) Without limiting subclause (1), the Board may allow
a person to attend a meeting for the purpose of advising or
informing it on any matter.
6. Absences
(1) A member is to take reasonable steps to inform the
chairperson if they will, or are likely to, be unable to attend
a meeting.
(2) The chairperson may permit a member to be absent
from more than 3 consecutive meetings but such
permission is not to be granted retrospectively.
(3) To avoid doubt, a permission under subclause (2) is
taken not to be retrospective if it is granted at any time
before the third consecutive meeting that the member does
not attend.
7. Minutes
The Board is to keep accurate minutes of its meetings.
8. Disclosure of interests
(1) If a member has a direct or indirect pecuniary
interest in a matter being considered, or about to be
considered, by the Board, the member must, as soon as
practicable after the relevant facts come to the member's
knowledge, disclose the nature of the interest to the Board.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding one month, or both.
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(2) Unless the Board otherwise determines, a member
who has made a disclosure under subclause (1) in respect
of a matter must not -
(a) be present during any deliberation of the
Board in respect of the matter; or
(b) take part in any decision of the Board in
respect of the matter.
(3) For the purpose of making a determination under
subclause (2) , the member to whom the determination is
to relate must not -
(a) be present during any deliberation of the
Board for the purpose of making the determination;
or
(b) take part in making the determination.
(5) Subclause (1) does not apply in respect of a contract
for goods or services supplied by the Board if those goods
or services are ordinarily supplied by the Board and are
supplied on the same terms as they are ordinarily supplied
to other persons in the same situation.
9. General procedure
Except as provided by this Act, the Board may regulate its
own proceedings.
10. Presumptions
In any proceeding by or against the Board, unless evidence
is given to the contrary, proof is not required of -
(a) any resolution of the Board; or
(b) the presence of a quorum at any meeting of
the Board.
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SCHEDULE 5 - GENERAL PROVISIONS AS TO THE
COMMISSIONER
1. Term of Office
(1) The Commissioner holds office for such term, not
exceeding 5 years, as is specified in the instrument of
appointment.
(2) A person who has been appointed to the office of
Commissioner may from time to time be reappointed for
a single further term, not exceeding 5 years, as may be
specified in the instrument of appointment.
2. Remuneration and conditions of service
(1) The remuneration and allowances payable to the
Commissioner are to be specified in their instrument of
appointment or otherwise determined by the Governor.
(2) In addition to the salary paid under this Act, the
Commissioner is entitled to be paid any travelling
allowances and other allowances as are applicable to a
Head of a State Service Agency.
(3) The Commissioner is entitled to the same leave of
absence, whether recreation leave or leave of any other
kind, as that to which the Commissioner would be entitled
under the State Service Act 2000, if the Commissioner
were a State Service employee, but only in the
circumstances and subject to the conditions that are
applicable in respect of such an employee.
(4) A person appointed as Commissioner is taken to be
an employee for the purposes of the Long Service Leave
(State Employees) Act 1994 and the Public Sector
Superannuation Reform Act 2016.
(5) The allowances which the Commissioner is entitled
to be paid under this section are to be paid out of the
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Consolidated Fund which, to the necessary extent, is
appropriated accordingly.
(6) A State Service officer or State Service employee
appointed as Commissioner is entitled to retain all existing
and accruing rights as if the service of that person as
Commissioner were a continuation of service as a State
Service officer or State Service employee.
(7) Where a person ceases to hold office as
Commissioner and becomes a State Service officer or State
Service employee, the service of that person as
Commissioner is to be regarded as service in the State
Service for the purpose of determining rights as a State
Service officer or State Service employee.
3. Other employment
(1) The Commissioner must not, except so far as
authorised so to do by another enactment or by resolutions
of both Houses of Parliament-
(f) hold any appointment (other than that of
Commissioner) or be a member of, or of the
governing body of, any State entity; or
(g) engage in paid employment outside the duties
of the Commission.
4. Appointment not invalid due to defect or irregularity
An appointment of a person as Commissioner is not
invalid merely because of a defect or irregularity in
relation to that appointment.
5. State Service Act does not apply
The State Service Act 2000 does not apply in relation to the
Commissioner.
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6. Vacation of office
(1) A person appointed as Commissioner is taken to
vacate the office of Commissioner if they-
(a) die; or
(b) resign the office by written notice to the
Governor; or
(c) are removed from office under this section.
(2) The Commissioner is not to be removed from office
unless a resolution for that removal is passed by both
Houses of Parliament.
(3) At any time when Parliament is not sitting the
Governor may suspend the Commissioner from office for
incapacity, incompetence or misbehaviour, in which case
the person holding office as Deputy Commissioner is to act
in the office of Commissioner.
(4) Where the Governor suspends the Commissioner
from office, the Governor is to cause to be laid before each
House of Parliament, within the next 7 sitting-days of that
House after that suspension, a full statement of the reason
for that suspension.
(5) If a resolution is presented to the Governor by either
House of Parliament, within 20 sitting-days of that House
after a statement under subsection (4) is laid before it,
requesting that the Commissioner be restored to that office,
the Commissioner is to be restored accordingly.
(6) If no such resolution is so presented, the Governor,
within 30 days of the expiration of the period mentioned in
subsection (5), is to confirm the suspension, and declare
the office of Commissioner to be vacant, and that office
becomes vacant.
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SCHEDULE 6 - CONSEQUENTIAL AMENDMENTS
Financial Management Act 2016
1. Schedule 1 is amended by inserting after
Department of Treasury and Finance Secretary of the
Department
In Part 1 the following item:
Safe Climate Commission The Safe Climate
Commissioner appointed in
accordance with section 17 of
the Safe Climate Act 2020
State Service Act 2000
2. Schedule 1 is amended by inserting after
Agency Head of Agency
In Part 2 the following item:
Safe Climate Commission Safe Climate Commissioner
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SCHEDULE 7 - ACTS REPEALED AND STATUTORY RULES
RESCINDED
Climate Change (State Action) Act 2008 (No. 36 of 2008)
Climate Change (Greenhouse Gas Emissions) Regulations 2012 (No. 9
of 2012)
Proclamation under the Climate Change (State Action) Act 2008 (No.
134 of 2008)