Climate Change (National Framework for Adaptation and Mitigation) Bill 2020 [2020] AUSStaCSBSD 208 (2 December 2020)

• Chapter 1
• Comment bills
• Climate Change (National Framework for Adaptation and Mitigation) Bill 2020
• Significant matters in non-legislative plan1

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Chapter 1

Comment bills

1.1 The committee comments on the following bills and, in some instances, seeks a response or further information from the relevant minister.

Climate Change (National Framework for Adaptation and Mitigation) Bill 2020

Purpose	This bill seeks to establish a national climate change adaptation and mitigation framework and establish the Climate Change Commission
Sponsor	Ms Zali Steggall OAM MP
Introduced	House of Representatives on 9 November 2020

Significant matters in non-legislative plan^[1]

1.2 Clause 30 of the bill provides that the minister must prepare an emissions reduction plan setting out the policies and strategies for meeting each emissions budget. Subclause 30(3) provides for a range of matters that the plan must address including sector-specific policies to reduce emissions and removals of greenhouse gases and policies, strategies and proposals for the deployment and development of low emissions technologies, amongst other matters. An emissions budget is the amount of emissions for an emissions budget period expressed as a net amount of carbon dioxide equivalent.^[2]

1.3 The emissions reduction plan is not a legislative instrument. The bill provides that the emissions reduction plan must be tabled in the Parliament within 15 sitting days of each House after the plan is completed and be published on the Commission’s website as soon as practicable after it is first tabled.^[3]

1.4 The committee considers that not providing for the emissions reduction plan in a legislative instrument means that there would be little opportunity for Parliament to effectively scrutinise and have ultimate control over the plan. The committee notes that the plan would be tabled in the Parliament which would provide an opportunity for debate but that no other parliamentary oversight would be available. In addition, the committee notes that the emissions reduction plan is of relevance to the emissions budget which provides for the amount of emissions per budget period. The committee considers that the emissions budget is a significant matter and the factors of relevance to the budget, including the emissions reduction plan, should therefore be subject to the full range of parliamentary scrutiny and oversight mechanisms.

1.5 In this regard, the committee notes that the explanatory memorandum provides no justification as to why it is necessary and appropriate to exclude the emissions reduction plan from parliamentary disallowance.

1.6 The committee draws its scrutiny concerns to the attention of senators and leaves to the Senate as a whole the appropriateness of the bill providing for the minister to make an emissions reduction plan other than by disallowable legislative instrument.

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[1] Clause 30. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(iv).

[2] Subclause 26(2).

[3] Subclause 30(5).