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National Greenhouse and Energy Reporting Amendment Bill 2009

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5819

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

National Greenhouse and Energy Reporting Amendment Bill 2009

 

 

(1)     Schedule 1, page 11 (after line 6), at the end of the Schedule, add:

Part 3—Amendment relating to meaning of operational control for mining industry

National Greenhouse and Energy Reporting Act 2007

38  After section 11

Insert:

11A  Meaning of operational control for mining industry

             (1)  This section sets out further requirements for determining, in relation to the mining industry, which entity has operational control over a facility.

             (2)  In this section:

mine owner means:

                     (a)  the owner of the mine; or

                     (b)  the mining lease holder in respect of the mine; or

                     (c)  a manager or operator acting on behalf of the owner of the mine or the mining lease holder.

             (3)  If:

                     (a)  the facility is a mine; and

                     (b)  the mine owner engages another entity (the contract miner ) to carry out mining activities at the mine; and

                     (c)  the mine owner and the contract miner expressly agree in writing:

                              (i)  that the contract miner is to be taken to have operational control over the facility for the purposes of section 11; and

                             (ii)  the period during which the contract miner is to be taken to have operational control over the facility (which must not exceed the term of the contract miner’s engagement to carry out mining activities at the facility);

then the contract miner will be taken to have operational control over the facility for the period agreed under subparagraph (c)(ii), whether or not the contract miner meets the requirements of paragraph 11(1)(a) during the period.

             (4)  If there is no agreement pursuant to paragraph (3)(c):

                     (a)  the mine owner is to be taken to have operational control over the facility for the purposes of section 11, whether or not the mine owner meets the requirements of paragraph 11(1)(a); and

                     (b)  the contract miner is not to be taken to have operational control over the facility for the purposes of section 11, even if the contract miner meets the requirements of paragraph 11(1)(a); and

                     (c)  subsection 11(4) does not apply to the mine owner and the contract miner.

             (5)  If the miner owner is constituted by more than one entity, this section does not affect the operation of section 11 as between those entities.

[meaning of operational control for mining industry]