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
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 24 Nov 2010
Introduced HR 15 Nov 2010

2010

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

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

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of

Luke Hartsuyker, Member for Cowper)


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

 

OUTLINE

The purpose of the Bill is to amend the Environment Protection and Biodiversity Conservation Act (EPBCA) 1999 to state that:

 

·        The Minister is deemed to have unconditionally approved, for the purposes of the Act, relocation of the flying fox colony in the northern New South Wales town of Maclean, in the locale of the Maclean High School, upon completion of State approvals by the New South Wales Government.

 

The Bill is being introduced following the infestation of a flying fox colony in the town of Maclean. The grey-headed flying fox is a protected species under the Act and requires approvals by the New South Wales Government and the Federal Minister to be removed from an area. 

 

The large colony has established itself adjacent to the Maclean High School, TAFE, and residential development. The defecation, stench and noise of the colony are preventing the school from functioning appropriately, are making residences uninhabitable and are threatening the health and wellbeing of the students and staff at Maclean High School, TAFE, and residents of the surrounding areas.

 

Conflicts are arising between the health and quality of life of residents and the desire to protect the species under the terms of the Act.  Removal of the bats is becoming an urgent priority as the colony reaches its peak. This Bill clears federal obstacles for granting removal of the bats and deems that the Minister has granted approval upon completions of State approvals by the New South Wales Government.

 

FINANCIAL IMPACT

The Bill will have no financial impact.

 

NOTES ON CLAUSES

Item 1 – This item seeks to insert a clause into the Act which provides the following:

 

·        The Minister is deemed to have unconditionally approved, for the purposes of the Act, relocation of the flying fox colony in the northern New South Wales town of Maclean, in the locale of the Maclean High School, upon completion of State approvals by the New South Wales Government.