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Avoiding Dangerous Climate Change (Climate Change Trigger) Bill 2005
Schedule 1 —Amendment of the Environment Protection and Biodiversity Conservation Act 1999

1  In section 25

Insert:

25AA  Requirement for approval of climate change actions

             (1)       A person must not knowingly, intentionally or recklessly take a climate change action that has, will have, or be likely to have a significant impact on the environment.

                        Civil penalty:

                     (a)  for an individual—5,000 penalty units;

                     (b)  for a body corporate—50,000 penalty units.

             (2)  Subsection (1) of this section does not apply to an action if:

                     (a)  an approval for the person to take the action is in operation under Part 9 for the purposes of this section; or

                     (b)  Part 4 allows the person to take the action without an approval under Part 9 for the purposes of this section; or

                     (c)  there is in force a decision of the Minister under Division 2of Part 7 that

                              (i)  the action is not a controlled action; or

                             (ii)  the action is a controlled action but this section is not a controlling provision for the action.

25AB  What is a climate change action ?

A climate change action means any of the following:

                     (a)  establishing an industrial plant or other facility which emits, or is likely to emit, more than 500,000 tonnes of carbon dioxide or carbon dioxide equivalent per year; or

                     (b)  any other action, series of actions, or program of actions, which will lead, or are likely to lead, directly or indirectly to the emission of more than 500,000 tonnes of carbon dioxide or carbon dioxide equivalent per year.

 

141            Requirements for decisions about climate change actions

 

(1)     In deciding whether or not to approve for the purposes of section 25AA the taking of a climate control action, and what conditions to attach to such an approval, the Minister must consider whether the direct or indirect emissions of carbon dioxide or carbon dioxide equivalent that are likely to result from the action (whether the emissions will occur in Australia or overseas) will be minimised by the use of best practice environmental management and low emissions technology.

 

(2)     For the purpose of subsection (1), best practice environmental management and low emissions technology are management and technology to achieve an ongoing minimisation of the emissions of carbon dioxide or carbon dioxide equivalent through cost-effective measures assessed against the measures and technology currently used nationally and internationally.