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Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014

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2013-2014

 

The Parliament of the

Commonweal th of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014

 

 

(1)     Schedule 3, page 13 (after line 9), after item 2, insert:

2A  Subsection 48A(1)

After “described in subsection (2) or (3)”, insert “, or referred to in subsection (2A),”.

2B  Subsection 48A(1)

After “subsection (2)” (second occurring), insert “, (2A)”.

2C  After subsection 48A(2)

Insert:

          (2A)  A bilateral agreement including a declaration that is described in section 46 and that covers an action described in section 24D or 24E must include the following undertakings by the State or Territory:

                     (a)  that the appropriate State or Territory Minister will obtain the advice of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development if the taking of the action, or a class of actions that includes the action, is likely to have a significant impact on water resources, including any impacts of associated salt production and/or salinity;

                     (b)  that, in deciding whether or not to approve the taking of the action or a class of actions that includes the action, the decision maker will take into account any relevant advice obtained from the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development under the agreement.

          (2B)  To avoid doubt, the fact that a bilateral agreement contains the undertakings mentioned in subsection (2A) does not limit the ability of the appropriate State or Territory Minister to request advice from the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development.

Note:          See subsection 505D(2).

2D  After paragraph 505D(1)(b)

Insert:

                   (ba)  at the request of the Environment Minister—to provide advice to the Environment Minister about the operation of a bilateral agreement including a declaration that:

                              (i)  is described in section 46 or 47; and

                             (ii)  covers an action described in section 24D or 24E;

[undertakings in bilateral agreements]

(2)     Schedule 3, item 5, page 13 (line 15), before “The”, insert “(1)”.

[undertakings in bilateral agreements]

(3)     Schedule 3, item 5, page 13 (after line 18), at the end of the item, add:

(2)       The amendments made by items 2A, 2B and 2C of this Part apply in relation to an action that is approved in accordance with a management arrangement or authorisation process that is a bilaterally accredited management arrangement or bilaterally accredited authorisation process for the purposes of a bilateral agreement on or after the day this item commences, regardless of when the agreement is entered into.

[undertakings in bilateral agreements]