Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Environment Protection and Biodiversity Conservation Amendment (Monitoring of Whaling) Bill 2012

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

 

 

 

 

 

 

 

2010-2011-2012

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

SENATE

 

 

 

 

 

 

 

 

 

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (MONITORING OF WHALING) BILL 2012

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of Senator Bob Brown)

 

 



 

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (MONITORING OF WHALING) BILL 2012

 

 

Outline

 

The purpose of the Environment Protection and Biodiversity Conservation Amendment (Monitoring of Whaling) Bill 2010 is to require an Australian patrol vessel to be sent to monitor any foreign whaling vessels in Australian waters, including within the Australian Whale Sanctuary. 





NOTES ON CLAUSES



Clause 1 - Short title

 

This clause provides for the bill, when enacted, to be cited as the Environment Protection and Biodiversity Conservation Amendment (Monitoring of Whaling) Act 2012 .

 

Clause 2 - Commencement

 

This clause provides for the Act to commence on the day it receives Royal Assent.

 

Clause 3 - Schedule(s)

 

This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms.

 

Schedule 1 - Amendment of the Environment Protection and Biodiversity Conservation Act 1999

 

 

   Item 1 - Requirement for an Australian vessel to monitor foreign whaling vessels 

 

   

Item 1 inserts a new section 236A providing that a Commonwealth vessel is required to monitor the activities of foreign whaling vessels in and around Australia's designated Whale Sanctuary.
 

    

 

  Subsection (2) provides that the Minister must make public a report into the activities of foreign whaling vessels operating within the Australian Whale Sanctuary, both within the first 30 days of when the monitoring commenced, and within 30 days of its completion. 

 

    

 

  Subsection (3) defines certain terms. 



Commonwealth vessel is defined as a vessel that is owned, possessed or controlled by the Commonwealth or a Commonwealth agency, excluding vessels used by the defence forces.



Foreign whaling vessel has the same meaning as in existing subsection 236(5).





 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Environment Protection and Biodiversity Conservation Amendment (Monitoring of Whaling) Bill 2012

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

The Bill inserts the new section 236A“Monitoring foreign whaling vessels” into the Environment Protection and Biodiversity Conservation Act 1999 which requires the government to send a Commonwealth vessel to monitor any foreign whaling vessel that enters or nears the whale sanctuary.

The Minister must then publicly release the observations of this vessel within 30 days of that monitoring beginning and within 30 days after its completion.

A foreign vessel is already defined in the Act and for the purposes of this Bill a Commonwealth vessel includes any vessel that is owned, possessed or controlled by the Commonwealth or one of its agencies, excluding those used by the defence forces.

 

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

 

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.