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Environment Protection and Biodiversity Conservation Amendment Bill 2013

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7376

2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Environment Protection and Biodiversity Conservation Amendment Bill 2013

 

 

(1)     Schedule  1 , items  20 to 22 , page 10 (line 26) to page 12 (line 28) , omit the items, substitute:

20  Application

(1)       Except as provided by subitem (2), the amendments made by this Schedule apply in relation to an action involving coal seam gas development or large coal mining development that is taken on or after the day this item commences, even if the action began before that time.

(2)       The amendments made by this Schedule do not apply in relation to the taking of an action if, before 10 February 2013:

                     (a)  the Minister approved the action under Part 9 of the old law; or

                     (b)  the Minister decided under Division 2 of Part 7 of the old law that the action was not a controlled action; or

                     (c)  the action was specifically authorised in accordance with section 43A of the old law.

[application of amendments]

(2)     Schedule  1 , item  23 , page 12 (line 29) to page 13 (line 14) , omit subitem ( 1 ), substitute:

(1)       This item applies if, immediately before the day this item commences, there was in force a decision of the Minister, under Division 2 of Part 7 of the old law, that an action involving coal seam gas development or large coal mining development is a controlled action, regardless of:

                     (a)  whether the taking of the action has been approved by the Minister under Part 9 of the old law for the purposes of a provision of Part 3 of the old law (unless subsection 20(2) applies to the approval); and

                     (b)  whether advice has been obtained from the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development in relation to the action.

[application of amendments]

(3)     Schedule  1 , page 17 (after line 1) , after item  24 , insert:

24A  Requirement for assessment of impacts of certain actions

(1)       If, on or after 14 September 2010, the Minister approved the taking of an action involving coal seam gas development or large coal mining development, the Minister must assess the relevant impacts of so much of the action as has been taken before this item commences.

(2)       For the purposes of assessing the relevant impacts, Part 8 of the old law applies as if:

                     (a)  section 24D or 24E had been a controlling provision for the action; and

                     (b)  the Minister were required to complete the assessment no later than 12 months after the day this item commences.

(3)       No later than 13 months after the day this item commences, the Minister must publish a report in relation to each action assessed under this item, setting out the relevant impacts of the action on the matter protected by the controlling provision.

[assessment of impacts of certain actions since 14 September 2010]