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Environment Protection and Biodiversity Conservation Amendment (Heritage Listing for the Bight) Bill 2018

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2016-2017-2018

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Environment Protection and Biodiversity Conservation Amendment

(Heritage Listing for the Bight) Bill 2018

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

the Member for Mayo, Ms Rebekha Sharkie MP



Environment Protection and Biodiversity Conservation Amendment  

(Heritage Listing for the Bight) Bill 2018

 

 

OUTLINE

 

The Bill seeks to grant National Heritage status to the Great Australian Bight, in recognition of its important economic, social and environmental value to Australia and particularly to South Australia and eastern Western Australia. National Heritage status may be used as part of a case for World Heritage status.

 

This Heritage Status will significantly raise the threshold required to engage in resource exploitation in the region, considerably mitigating the possibility that activities that pose a catastrophic risk to the region would proceed.

 

The Bill would grant National Heritage status to the Commonwealth area in the Southern Ocean with the western boundary extending along the 123 ˚ 20’0.00”E line of longitude, the eastern boundary extending along the 140 ˚ 34’8.13”E line of longitude, and within the outer limits of the continental shelf of Australia (but not its external territories) as per the meaning of the Seas and Submerged Lands Act 1973 .

 

This area is identifiable in the diagram below:

 

 

FINANCIAL IMPACT

 

The Bill will have no financial impact.

 

NOTES ON CLAUSES

 

Clause 1: Short Title

Clause 1 provides for the Bill, once enacted, to be cited as the Environment Protection and Biodiversity Conservation Amendment (Heritage Listing for the Bight) Act .

 

Clause 2: Commencement

Clause 2 provides for the Bill to commence from the day the Act receives the Royal Assent.

 

Clause 3: Schedules

Clause 3 provides that legislation specified in a Schedule is amended or repealed as set out in that Schedule.

 

Schedule 1 - Amendments

 

Item 1 

 

Item 1 amends subsection 324C(1) , which relates to the Minister keeping a written record of places and their heritage values (the National Heritage List ), to include a reference to new subdivision BBA (see Item 3 below).

 

Item 2 

 

Item 2 amends subsection 324C(2) to make it explicit that it only applies to Subdivisions BA, BB or BC.

 

Item 3 

 

Item 3 inserts a new Subdivision BBA - Inclusion of places in the National Heritage List: Great Australian Bight heritage area .

 

New Section 324RA has the following components:

 

Subsection 324RA(1) requires the Minister to, by instrument published in the Gazette, include the Great Australian Bight (‘GAB’) heritage area in the National Heritage List, and the National Heritage values that the Minister believes the GAB heritage area has or may have.

 

Subsection 324RA(2) requires the Minister to consult communities in Western Australia and South Australia likely to be affected by the inclusion of the GAB heritage area in the National Heritage List, prior to including a National Heritage value for the GAB heritage area.

 

Subsection 324RA(3) requires that, despite anything else in the Act, the GAB heritage area must not be removed from the National Heritage List.

 

Subsection 324RA(4) defines the GAB heritage area as the National area in the Southern Ocean with the western boundary extending along the 123 ˚ 20’0.00”E line of longitude, the eastern boundary extending along the 140 ˚ 34’8.13”E line of longitude, and within the outer limits of the continental shelf of Australia (but not its external territories) as per the meaning of the Seas and Submerged Lands Act 1973 .



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

(Heritage Listing for the Bight) Bill 2018

 

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 seeks to grant National Heritage status to the Great Australian Bight, in recognition of its important economic, social and environmental value to Australia and particularly to South Australia and eastern Western Australia. National Heritage status may be used as part of a case for World Heritage status.

 

This Heritage Status will significantly raise the threshold required to engage in resource exploitation in the region, considerably mitigating the possibility that activities that pose a catastrophic risk to the region would proceed.

 

The Bill would grant National Heritage status to the Commonwealth area in the Southern Ocean with the western boundary extending along the 123 ˚ 20’0.00”E line of longitude, the eastern boundary extending along the 140 ˚ 34’8.13”E line of longitude, and within the outer limits of the continental shelf of Australia (but not its external territories) as per the meaning of the Seas and Submerged Lands Act 1973 .

 

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.

 

 

 

 

Ms Rebekha Sharkie MP