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Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012

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2010-2011-2012

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

THE SENATE

 

 

 

 

 

Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

(Circulated by authority of Senator Waters)

 

 

 

 

 

 



 

 

Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012

Outline

The Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012 prevents the Commonwealth from handing responsibility for approving proposed actions that significantly impact matters protected under the EPBC Act to a State or Territory.

 

NOTES ON CLAUSES

 

Part 1 - Preliminary

 

Clauses 1

This is a formal provision specifying the short title.

 

Clause 2 - Commencement

This provision sets out that the Act will commence on the day it receives Royal Assent.

 

Clause 3 - Schedule

This provision gives effect to the amendments set out in Schedule 1 to the Bill.

 



Schedule 1 - Amendments

Item 1

This is a consequential amendment to reflect the change in the definition of ‘bilateral agreements’ (made by Item 4).

Item 2

This item removes bilateral agreements from the list of cases set out in Part 4 where environmental approvals under the EPBC Act are not needed.

Item 3

This item amends the objects of bilateral agreements to reflect the change in the definition of ‘bilateral agreements’ (made by Item 4) so that the objects set out what is to be delivered through assessment bilaterals only (not approvals bilaterals agreements). 

Item 4

This item amends the definition of bilateral agreement to restrict bilateral agreements to cover environmental assessment processes only - not environmental approvals under the EPBC Act.

Item 5

This item deletes section 46, thus removing the ability for a bilateral agreement to declare actions that do not need approval under Part 9 (Approval of action) of the EPBC Act.

Items 6-36

These are consequential amendments to reflect that bilateral agreements can no longer declare that certain actions do not need approval under Part 9 (Approval of action) of the EPBC Act.



Text Box: 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 (Retaining Federal Approval Powers) 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
 This Bill amends the Environment Protection and Biodiversity Conservation Act 1999 to prevent the Commonwealth from handing responsibility for approving proposed actions that significantly impact matters protected under the EPBC Act to a State or Territory. 
 
 Human rights implications
 This bill is confined solely to preventing the Commonwealth from handing its responsibilities for approving proposed actions that significantly impact matters protected under our national environment laws, the Environment Protection and Biodiversity Conservation Act 1999, to a State or Territory. The bill does not engage any human rights in a positive or negative manner.
 
 Conclusion 
 The Bill is compliant with the Human Rights (Parliamentary Scrutiny) Act 2011.
 
 Senator Larissa Waters