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

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3039

2002-2003

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

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

 

 

(Amendments to be moved by Senator Lundy on behalf of the Opposition in committee of the whole)

 

(1)     Schedule 1, page 4 (after line 17), after item 2, insert:

2A  Section 8

Repeal the section, substitute:

8  Native title rights not affected

             (1)  Nothing in this Act affects the rights or interests of any indigenous person under:

                     (a)  the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 ; or

                     (b)  the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 ; or

                     (c)  the Aboriginal Land Rights (Northern Territory) Act 1976 ; or

                     (d)  the Native Title Act 1993 .

             (2)  Subject to subsection (3) and to the operation of Division 4 of Part 15, nothing in this Act prevents indigenous people from continuing, in accordance with law, the traditional use of any area of land or water for hunting or food-gathering (otherwise than for purposes of sale) and for ceremonial and religious purposes.

             (3)  The operation of subsection (2) is subject to regulations made for the purpose of conserving wildlife in any Commonwealth reserve and expressly affecting the traditional use of the reserve by indigenous people.

[section 8—native title rights]

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

4A  After Subdivision F of Division 1 of Part 3

Insert:

Subdivision FA—Protection of the environment from greenhouse actions

24B  Requirement for approval of greenhouse actions

             (1)  A person must not knowingly, intentionally or recklessly take a greenhouse action that has, will have or is likely to have a significant impact on the environment.

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:

                              (i)  the action is not a controlled action; or

                             (ii)  the action is a controlled action but this section is not a controlling provision for the action.

24C  What is a greenhouse action ?

                   In this Act, a greenhouse action means any of the following:

                     (a)  establishing an industrial plant which emits, or is likely to emit, more than 500,000 tonnes of carbon dioxide or carbon dioxide equivalent per year; or

                     (b)  any other action, series of actions, or policies which will lead, or are likely to lead, to the emission of more than 500,000 tonnes of carbon dioxide or carbon dioxide equivalent per year.

[sections 24B and 24C—greenhouse actions]

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

4B  At the end of Subdivision I of Division 1 of Part 3

Add:

25G  Requirement for approval of certain other actions

             (1)  A person must not take an action which contravenes a direction made under subsection (3).

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:

                              (i)  the action is not a controlled action; or

                             (ii)  the action is a controlled action but this section is not a controlling provision for the action.

             (3)  If the Minister is of the opinion that:

                     (a)  a matter not otherwise specified in this Division is a matter of national environmental significance; and

                     (b)  it is in the public interest to do so;

the Minister may direct that:

                     (c)  the matter is a matter of national environmental significance; and

                     (d)  a person must not take an action of the type set out in the direction.

             (4)  A direction made under subsection (3) takes effect when it is published in the Gazette .

25H  Requirement for approval of specified projects

             (1)  A person must not take an action which contravenes a direction made under subsection (2).

Civil penalty:

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

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

             (2)  If the Minister is of the opinion that:

                     (a)  a specified action has or will have or is likely to have a significant impact on the environment; and

                     (b)  the impact is of national significance; and

                     (c)  it is in the public interest to do so;

the Minister may direct that:

                     (d)  the action is a controlled action, and this section is a controlling provision for the action; and

                     (e)  a person must not take the action unless:

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

                             (ii)  Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section.

             (3)  A direction made under subsection (2) takes effect when it is published in the Gazette .

             (4)  The Minister must cause a statement of reasons to be published with any direction made under subsection (2).

[sections 25G and 25H—matters of national environmental significance]

(4)     Schedule 1, page 15 (after line 1), after item 11, insert:

11A  Section 34 (after table item 13C)

Insert:

13D

section 24B

greenhouse gas emissions

[section 34—matters of national environmental significance]

(5)     Schedule 1, page 17 (after line 20), after item 17, insert:

17A  At the end of section 84

Add:

Revocation after 5 years

             (8)  A declaration under this section ceases to have effect 5 years after it is made unless it is sooner revoked.

Declarations to be reviewed

             (9)  The Minister must cause a review of the operation of a declaration to be carried out before the declaration ceases to have effect under subsection (8).

Review to be published

           (10)  The Minister must publish the report of a review under subsection (9) in accordance with the regulations.

[section 84—declarations]