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Environment and Heritage Legislation Amendment Bill (No. 1) 2003

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2851

2002-2003

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Environment and Heritage Legislation Amendment Bill (No. 1) 2002

 

 

(1)     Schedule 1, page 11 (after line 7), after item 4, insert:

4A  After Subdivision F

Insert:

Subdivision FA—Greenhouse gas emissions

24B  Requirement for approval of greenhouse gas emissions

             (1)  A person must not take an action that will or is likely to lead to emissions of greenhouse gases in excess of 500,000 tonnes in any year.

Civil Penalty:

                     (a)  for an individual—5,000 penalty units;

                     (b)  for a body corporate—50,000 penalty units.

             (2)  Subsection (1) does not apply to an action if:

                     (a)  an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

                     (b)  Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

                     (c)  there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

                     (d)  the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.

24C  Interpretation

                   In this Act:

greenhouse gases include any of the following:

                     (a)  carbon dioxide;

                     (b)  methane;

                     (c)  nitrous oxide;

                     (d)  hydrofluorocarbons;

                     (e)  perfluorocarbons;

                      (f)  sulphur hexafluoride.

greenhouse gas emissions are emissions of greenhouse gases measured in tonnes of carbon dioxide equivalents.

[greenhouse gas emissions]

(2)     Schedule 1, page 11 (after line 7), after item 4, insert:

4B  After Subdivision FA

Insert:

Subdivision FB—Native vegetation

24D  Requirement for approval to clear native vegetation

             (1)  A person must not take an action that will lead or is likely to lead to clearing of native vegetation in excess of 1,000 hectares in any period of 5 years if the action will have or is likely to have an adverse impact on any of the following:

                     (a)  the habitat of flora or fauna;

                     (b)  ecological processes;

                     (c)  the genetic diversity of flora and fauna and their potential for evolutionary development in the wild;

                     (d)  greenhouse gas emissions;

                     (e)  erosion, salinisation and other forms of land degradation;

                      (f)  wetlands, waterways and water resources;

                     (g)  landscape quality.

Civil Penalty:

                     (a)  for an individual—5,000 penalty units;

                     (b)  for a body corporate—50,000 penalty units.

             (2)  Subsection (1) does not apply to an action if:

                     (a)  an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

                     (b)  Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

                     (c)  there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

                     (d)  the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.

24E  What is native vegetation ?

                   In this Act:

clearing , in relation to native vegetation, means:

                     (a)  lopping native vegetation; or

                     (b)  destroying native vegetation; or

                     (c)  removing native vegetation.

native vegetation means vegetation that is indigenous to the land, local government area, Territory or State in question.

[clearance of native vegetation]