Federal Register of Legislation - Australian Government

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A Bill for an Act to restrict approvals of new power stations to those operating within environmentally responsible emissions limits, and for related purposes
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Registered 20 Jun 2008
Introduced Senate 19 Jun 2008

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Environment Protection and Biodiversity Conservation Amendment (Control of Power Station Emissions) Bill 2008

 

No.      , 2008

 

(Senator Allison)

 

 

 

A Bill for an Act to restrict approvals of new power stations to those operating within environmentally responsible emissions limits, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Object................................................................................................. 2

4............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the Environment Protection and Biodiversity Conservation Act 1999           3

 


A Bill for an Act to restrict approvals of new power stations to those operating within environmentally responsible emissions limits, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Environment Protection and Biodiversity Conservation Amendment (Control of Power Station Emissions) Act 2008.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Object

                   The object of this Act is to amend the Environment Protection and Biodiversity Conservation Act 1999 to provide:

                     (a)  for an environmentally responsible limit of carbon dioxide emissions from power stations;

                     (b)  that only those new power stations which can meet the environmentally responsible emissions limit will be authorised to operate;

                     (c)  for a monitoring regime of emissions of new power stations.

4  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

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

  

1  At the end of section 3A

Add:

                    ; (f)  in the case of a new power station, the emissions from such a power station are below the limit set by section 140B.

2  After Subdivision E of Division 1 of Part 3

Insert:

Subdivision EAProtection of the environment from power station emissions

22B  Requirement for approval of power stations

             (1)  A person must not construct a new power station after 1 July 2008 unless an approval of the construction is in operation under Part 9 for the purposes of this section.

Civil penalty:

                     (a)  for an individual—20,000 penalty units;

                     (b)  for a body corporate—200,000 penalty units.

             (2)  A person must not operate a new power station after 1 July 2008 unless an approval of the operation of the power station is in operation under Part 9 for the purposes of this section.

Civil penalty:

                     (a)  for an individual—20,000 penalty units;

                     (b)  for a body corporate—200,000 penalty units.

             (3)  In this Act:

new power station means a power station approved to be constructed after 1 July 2008 or the operation of which is approved after 1 July 2008.

22C  Offences relating to power stations

             (1)  A person is guilty of an offence if the person operates a new power station and the emissions from the power station are greater than the limit set by section 140B.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  A person is guilty of an offence if the person operates a new power station and the emissions from the power station are greater than the limit set by section 140B and the person is reckless as to that fact.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (3)  An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 20,000 penalty units, or both.

Note 1:       Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2:       An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

Note 3:       If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.

3  Subsection 72(2)

Omit “A”, substitute “Subject to section 72A, a”.

4  After section 72

Insert:

72A  Additional requirements for referrals relating to new power stations

A referral of a proposal in relation to a new power station must include:

                     (a)  detailed design specifications for the new power station which demonstrate conclusively that the power station will operate at an emission level of not more than 0.6 tonnes of CO2 equivalent per MWh of power produced at the power station; and

                     (b)  an enforceable undertaking that if, at any time, the emission levels of a new power station exceed those set by paragraph (a), immediate action will be taken by the operator of the power station to cease operation of the power station until such time as emission levels below the limit in paragraph (a) are achieved.

5  After section 140A

Insert:

140B  Requirements for approvals of new power stations

             (1)  In deciding whether or not to approve, for the purposes of section 22B or 22C, the operation or construction of a new power station, the Minister must not approve such operation or construction unless the new power station demonstrates to the Minister that it will operate at all times with an emission level of not more than 0.6 tonnes of CO2 per MWh of power produced at that power station.

             (2)  An approval by the Minister of the operation or construction of a new power station is subject to the condition that the power station will operate at all times with an emission level of not more than 0.6 tonnes of CO2 per MWh of power produced at that power station. For the purposes of this Chapter, the condition imposed by this subsection is attached to the approval.

6  At the end of section 142

Add:

             (3)  This section does not apply to a person who contravenes the condition attached to the approval of the operation or construction of a power station, that the power station will operate at all times with an emission level of not more than 0.6 tonnes of CO2 per MWh of power produced at that power station.

7  After section 142

Insert:

142AA  Compliance with condition on approval relating to emissions of power stations

             (1)  A person whose operation or construction of a new power station has been approved under this Part must not contravene the condition attached to the approval relating to the emission level of the power station of not more than 0.6 tonnes of CO2 per MWh of power produced at that power station.

Civil penalty:

                     (a)  for an individual—20,000 penalty units, or such lower amount as is prescribed by the regulations;

                     (b)  for a body corporate—200,000 penalty units, or such lower amount as is prescribed by the regulations.

             (2)  A contravention of the condition attached to the approval of the operation or construction of a new power station, relating to the emission level of the power station, suspends the approval and the power station must cease operation until such time as emission levels below the limit in paragraph 72A(a) are achieved..

8  At the end of section 142A

Add:

             (5)  This section does not apply to a person who contravenes the condition attached to the approval of the operation or construction of a power station, that the power station will operate at all times with an emission level of not more than 0.6 tonnes of CO2 per MWh of power produced at that power station.

9  After section 142A

Insert:

142AB  Offence of breaching condition on approval relating to emissions of power stations

             (1)  A person whose operation or construction of a new power station has been approved under this Part is guilty of an offence if:

                     (a)  the person allows the emission level of the power station to exceed 0.6 tonnes of CO2 per MWh of power produced at that power station; and

                     (b)  the person is reckless as to the fact that this is a breach of that condition of the approval.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Strict liability applies to paragraph (1)(a).

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  An offence against subsection (1) is punishable on conviction by imprisonment for a term not more than 5 years, a fine not more than 10,000 penalty units, or both.

Note 1:       Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2:       An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

Note 3:       If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.

10  At the end of section 142B

Add:

             (4)  This section does not apply to a person who contravenes the condition attached to the approval of the operation or construction of a power station, that the power station will operate at all times with an emission level of not more than 0.6 tonnes of CO2 per MWh of power produced at that power station.

11  After section 142B

Insert:

142BA  Strict liability offence for breach of approval condition relating to emissions of power stations

             (1)  A person whose operation or construction of a new power station has been approved under this Part is guilty of an offence if the person allows the emission level of the power station to exceed 0.6 tonnes of CO2 per MWh of power produced at that power station.

Penalty:  10,000 penalty units.

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 3:       An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

Note 4:       If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.

             (2)  Subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

12  Subsections 143(1) and (2)

Omit “(other than the condition referred to in subsection 134(1A))”, substitute “(other than the conditions referred to in subsections 134(1A) and 140B(2))”.

13  After subparagraph 495(2)(v)

Insert:

                           (va)  section 22C (Offences relating to power stations); or

14  At the end of subsection 495(2)

Add:

                      ; or (ix)  section 142AB (Offence of breaching condition on approval relating to emissions of power stations); and

15  After subparagraph 496C(1)(vi)

Insert:

                          (via)  section 22C (Offences relating to power stations); or

16  At the end of subsection 496C(1)

Add:

                       ; or (x)  section 142AB (Offence of breaching condition on approval relating to emissions of power stations); and