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Thursday, 25 August 1994
Page: 342

Senator COULTER (11.23 a.m.) —by leave—These changes are consequential on the change to the preamble, which has now been rejected by the Senate. I move:

2.Clause 7, page 4, line 6, after "the Agreement," insert "as modified in the way described in the last paragraph of the Preamble,"

3.Clause 15, page 7, line 17, omit paragraph (g).

4.Clause 17, page 8, lines 7 to 9 inclusive, omit subparagraph (b)(v).

5.Clause 29, page 11, after subclause (3), add the following subclause:

"(4)  (a)The Minister may nominate two persons from among persons recommended for nomination by prescribed non-government environmental organisations.

    (b)The persons nominated under subsection (1) are entitled to attend and be heard at any meeting of the NEPC Committee but are not entitled to vote at any such meeting.".

6.After clause 34, page 12, insert the following new clause:

Protection of the environment in the event of a party's withdrawal from the Agreement

"34A. Where a State or Territory ceases to be a participating State or participating Territory the of the States Grants (General Purposes) Act 1994 contained in Schedule 2 of this Act takes effect immediately with respect to that State or Territory.".

7. After the Schedule, page 46, add the following schedule:


  Section 34A


"States Grants (General Purposes) Act 1994

"After section 15:

Add in Part 2:

Intergovernmental Agreement on the Environment condition

`15A.(1) Financial assistance to which a State is entitled under this Act in relation to the grant year is taken to have been granted on condition that if the State ceases to be a participating State or participating Territory under the National Environment Protection Council Act 1994, the State will pay the Commonwealth such amount, being not more than 25 per cent of the sum of the amounts (if any) that have been paid by the Commonwealth to the State under this Act, as the Minister determines is necessary to finance action by the Commonwealth within its powers to ameliorate as far as practicable any adverse environmental consequences of that cessation.

`(2) The Treasurer may, at any time in the grant year after this section takes effect, deduct from a payment due to a State under this Act, in respect of the grant year or a later year, an amount that is payable by the State to the Commonwealth under subsection (1) and remains unpaid.

`(3) An amount deducted under subsection (2) from the payment due to a State is taken to have been paid by the State to the Commonwealth under subsection (1).'.".