Victorian Current Acts Victorian Current ActsNo. 5 of 2017
Version incorporating amendments as at
1 July 2024
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Version No. 010
No. 5 of 2017
Version incorporating amendments as at
1 July
2024
Preamble
The Parliament of Victoria recognises on behalf of the people of Victoria that the international community has reached agreement to hold the global average temperature increase to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1·5 degrees Celsius above pre-industrial levels. There is overwhelming scientific consensus that human activity is causing climate change and that global emissions will need to decline to net zero levels by the second half of the century if this global goal is to be met.
The Parliament of Victoria recognises that some changes in the earth's climate are inevitable, despite all mitigation efforts. Victoria is particularly vulnerable to the adverse effects of climate change. Natural disasters are increasing in frequency and severity as a result of the changing climate. Impacts are felt differently and to different extents across individual regions and communities.
Although responding to climate change is a responsibility shared by all levels of government, industry, communities and the people of Victoria, the role of subnational governments in driving this transition cannot be understated. Through decisive, long-term action to reduce greenhouse gas emissions, the Victorian government can help Victoria achieve an orderly and just transition to a net zero greenhouse gas emissions economy and remain prosperous and liveable. It will also enable Victoria to benefit from the global trend towards decarbonisation.
Victoria must also take strong action to build resilience to, and reduce the risks posed by, climate change and protect those most vulnerable.
The Parliament of Victoria recognises that the community wants and expects Victoria to play its part in global mitigation efforts and in preparing the community for unavoidable climatic impacts. This Act will help ensure Victoria remains prosperous and liveable as we transition to meet these challenges.
The Parliament of Victoria therefore enacts:
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 23 November 2016
Legislative Council: 7 February 2017
The long title for the Bill for this Act was "A Bill for an Act to repeal and re‑enact with amendments the Climate Change Act 2010, to establish greenhouse gas emissions reduction targets for Victoria, to set out policy objectives and guiding principles, to provide for climate change planning and reporting, to provide for forestry rights and carbon sequestration rights and to make consequential amendments to the Environment Protection Act 1970 and for other purposes."
The Climate Change Act 2017 was assented to on 28 February 2017 and came in to operation on 1 November 2017: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Climate Change Act 2017 by Acts and subordinate instruments.
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Climate Change Act 2017, No. 5/2017
|
Assent Date: |
28.2.17 |
|
Commencement Date: |
S. 102 on 1.11.17: s. 2(2) |
|
Note: |
S. 102 repealed Pt 11 (ss 101, 102) on 1.11.18 |
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
Marine and Coastal Act 2018, No. 26/2018
|
Assent Date: |
26.6.18 |
|
Commencement Date: |
S. 87 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)
|
Assent Date: |
28.8.18 |
|
Commencement Date: |
S. 33 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019
|
Assent Date: |
10.9.19 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
Local Government Act 2020, No. 9/2020
|
Assent Date: |
24.3.20 |
|
Commencement Date: |
S. 390(Sch. 1 item 16) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
Water and Catchment Legislation Amendment Act 2021, No. 48/2021
|
Assent Date: |
3.11.21 |
|
Commencement Date: |
S. 144 on 1.1.22: Special Gazette (No. 717) 14.12.21 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021
|
Assent Date: |
14.12.21 |
|
Commencement Date: |
S. 196 on 1.7.22: Special Gazette (No. 285) 7.6.22 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, No. 36/2022
|
Assent Date: |
6.9.22 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
Sustainable Forests (Timber) Repeal Act 2024, No. 24/2024
|
Assent Date: |
25.6.24 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Climate Change Act 2017 |
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3 Explanatory details
No entries at
date of publication.