Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to provide for the consideration of matters of public health and safety in the operation of the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes
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Registered 17 Mar 2010
Introduced HR 15 Mar 2010

2008‑2009‑2010

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

Environment Protection and Biodiversity Conservation Amendment (Public Health and Safety) Bill 2010

 

No.      , 2010

 

(Mr Hartsuyker)

 

 

 

A Bill for an Act to provide for the consideration of matters of public health and safety in the operation of the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes

  

  


Contents

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

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

3............ Schedule(s).......................................................................................... 2

Schedule 1—Public health and safety in environmental decisions              3

Environment Protection and Biodiversity Conservation Act 1999                   3

 


A Bill for an Act to provide for the consideration of matters of public health and safety in the operation of the Environment Protection and Biodiversity Conservation Act 1999, 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 (Public Health and Safety) Act 2010.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3  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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Public health and safety in environmental decisions

 

Environment Protection and Biodiversity Conservation Act 1999

1  Paragraph 3(2)(d)

Repeal “properly assessed”, substitute “assessed in a period that permits adequate scientific inquiry and balances the needs of the community; and

2  Paragraph 3A(a)

After “environmental”, insert “, public health and safety”.

3  After paragraph 87(3)(e)

Insert:

                             (f)  the necessity of making a timely decision when public health and safety is at risk.

4  After section 132

Insert:

132AA  Public health and safety considerations in requesting further information

                   In deciding whether to request more information under section 132, the Minister must balance the public health and safety needs of the community against the requirements for adequate scientific inquiry.

5  After section 133

Insert:

133A  Emergency approval for public health and safety reasons

                   Where a proposal cites public health and safety reasons and the Minister is satisfied that the circumstances within the proposal constitute a serious threat to public health and safety, the Minister may approve the action immediately.