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A Bill for an Act to amend 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 31 Oct 2011
Introduced Senate 13 Oct 2011
Table of contents.

 

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill 2011

 

No.      , 2011

 

(Senator Waters)

 

 

 

A Bill for an Act to amend 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—Amendments                                                                                                3

Environment Protection and Biodiversity Conservation Act 1999                   3

 


A Bill for an Act to amend 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 (Emergency Listings) Act 2011.

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

  

Environment Protection and Biodiversity Conservation Act 1999

1  Subsection 158A(1) (paragraph (i) of the definition of listing event)

After “threatened species”, insert “, other than in accordance with subsection 194V(1)”.

2  Subsection 158A(1) (paragraph (j) of the definition of listing event)

After “threatened ecological community”, insert “, other than in accordance with subsection 194ZC(1)”.

3  Paragraph 184(1)(a)

After “AA”, insert “, AB or AC”.

4  After Subdivision AA of Division 1 of Part 13 of Chapter 5

Insert:

Subdivision ABEmergency listing process for threatened species

194U  Definitions

                   In this Subdivision:

threatened species list means the list referred to in section 178.

194V  Minister may include species in threatened species list if under threat

             (1)  If the Minister believes that:

                     (a)  a native species is eligible to be included in a category in the threatened species list; and

                     (b)  the native species is under threat of a significant adverse impact; and

                     (c)  the threat is both likely and imminent;

the Minister may, by instrument published in the Gazette, include the species in the threatened species list.

             (2)  If:

                     (a)  the native species is included in the threatened species list in accordance with subsection (1); and

                     (b)  before that inclusion of the species, the species was being considered for inclusion in the list under the process set out in Subdivision AA;

that process ceases to apply to the species when it is included in the list in accordance with subsection (1).

             (3)  If the species is included in the threatened species list in accordance with subsection (1), the Minister must, within 10 business days after the inclusion of the species, publish a copy of the instrument under subsection (1):

                     (a)  on the internet; and

                     (b)  in accordance with any other requirements specified in the regulations.

194W  Minister to ask Scientific Committee for assessment

             (1)  If the Minister includes a species in the threatened species list under section 194V, the Minister must, in writing, request the Scientific Committee to give the Minister an assessment of whether the species is eligible to be included in a category in the threatened species list.

             (2)  The request must specify the assessment completion time for the assessment.

Note:          When specifying an assessment completion time, the 12‑month period referred to in subsection 194ZA(1) should be considered.

194X  Publication of listing of species and inviting comments

             (1)  If the Scientific Committee receives a request under subsection 194W(1) in relation to a species that has been included in the threatened species list, the Committee must publish a notice inviting people to comment on the listing of the species.

             (2)  A notice under subsection (1) in relation to a species:

                     (a)  must be published in accordance with the regulations referred to in paragraph (3)(a); and

                     (b)  must contain the following:

                              (i)  a description of the species;

                             (ii)  a statement that the species has been included in the threatened species list;

                            (iii)  the date on which the species was so included; and

                     (c)  must invite people to make comments, to the Scientific Committee, about:

                              (i)  whether the species is eligible to be included in a category in the threatened species list; and

                             (ii)  whether the species should continue to be included in the threatened species list; and

                     (d)  must specify the date (the cut‑off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and

                     (e)  must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (3)(b), apply to making comments.

             (3)  The regulations may provide for either or both of the following:

                     (a)  how a notice under subsection (1) is to be published;

                     (b)  the manner and form for making comments.

194Y  Scientific Committee to assess listing of species and give assessment to Minister

             (1)  Section 194N applies in relation to a request under subsection 194W(1) as if:

                     (a)  a reference in section 194N to an item included in the finalised priority assessment list for an assessment period were a reference to the species to which the request relates; and

                     (b)  a reference in section 194N to the notice under subsection 194M(1) in relation to the item were a reference to the notice under subsection 194X(1) in relation to the species; and

                     (c)  a reference in section 194N to regulations referred to in paragraph 194M(4)(b) were a reference to regulations referred to in paragraph 194X(3)(b); and

                     (d)  a reference in section 194N to whether an item is eligible for inclusion in a Subdivision A List were a reference to whether the species should continue to be included in the threatened species list.

             (2)  A reference in another provision of this Act to section 194N, or to a provision of that section, includes a reference to that section or provision as it applies because of this section.

194Z  Time by which assessments to be provided to Minister

             (1)  Section 194P applies in relation to a request under subsection 194W(1) as if:

                     (a)  a reference in section 194P to an item included in the finalised priority assessment list for an assessment period were a reference to the species to which the request relates; and

                     (b)  a reference in section 194P to the assessment completion time specified in the list for the item were a reference to the assessment completion time specified in the request.

             (2)  A reference in another provision of this Act to section 194P, or to a provision of that section, includes a reference to that section or provision as it applies because of this section.

194ZA  Decision about species remaining in the threatened species list

Minister to decide whether species should remain listed

             (1)  Within 12 months after the inclusion of a species in the threatened species list under section 194V, the Minister must, by instrument published in the Gazette, subject to subsections (2) and (3), do one of the following:

                     (a)  state that the species remains in the threatened species list;

                     (b)  alter the category in which the species is included in the threatened species list;

                     (c)  remove the species from the threatened species list.

             (2)  The Minister must not take action under subsection (1) unless the Minister has received an assessment from the Scientific Committee under section 194N in relation to the species.

             (3)  The Minister must not take action under subsection (1) that results in the species remaining in the threatened species list (whether or not in the same or a different category) unless the Minister is satisfied that the species is eligible to be included in a category in the threatened species list.

Listing lapses automatically if action not taken within 12 months of listing

             (4)  If the Minister does not take action under subsection (1) within the period referred to in that subsection, the species is automatically removed from the threatened species list, by force of this subsection, at the end of that period.

Note:          This subsection applies even if the Minister is prevented from taking action under subsection (1) because of subsection (2).

Matters to be considered

             (5)  For the purpose of deciding what action to take under subsection (1) in relation to the species:

                     (a)  the Minister must have regard to:

                              (i)  the Scientific Committee’s assessment whether the species is eligible to be included in a category in the threatened species list; and

                             (ii)  the comments (if any), a copy of which were given to the Minister under subsection 194N(1) with the assessment; and

                     (b)  the Minister may seek, and have regard to, information or advice from any source.

Minister to publish copy or summary of subsection (1) notice

             (6)  The Minister must publish a copy or summary of the instrument referred to in subsection (1). The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.

Additional requirements if species is removed under subsection (1)

             (7)  If, under subsection (1), the Minister removes a species from the threatened species list, or alters the category in which the species is included, the Minister must, within 10 business days after the removal or alteration, publish a copy of the instrument referred to in subsection (1) on the internet.

Requirements if species is removed under subsection (4)

             (8)  If, under subsection (4), the species is removed from the threatened species list, the Minister must, within 10 business days after the removal, publish notice of the removal on the internet.

Subdivision ACEmergency listing process for threatened ecological communities

194ZB  Definitions

                   In this Subdivision:

threatened communities list means the list referred to in section 181.

194ZC  Minister may include ecological community in threatened ecological communities list if under threat

             (1)  If the Minister believes that:

                     (a)  an ecological community is eligible to be included in a category in the threatened communities list; and

                     (b)  the ecological community is under threat of a significant adverse impact; and

                     (c)  the threat is both likely and imminent;

the Minister may, by instrument published in the Gazette, include the species in the threatened communities list.

             (2)  If:

                     (a)  the ecological community is included in the threatened communities list in accordance with subsection (1); and

                     (b)  before that inclusion of the ecological community, the community was being considered for inclusion in the list under the process set out in Subdivision AA;

that process ceases to apply to the ecological community when it is included in the list in accordance with subsection (1).

             (3)  If the ecological community is included in the threatened communities list in accordance with subsection (1), the Minister must, within 10 business days after the inclusion of the community, publish a copy of the instrument under subsection (1):

                     (a)  on the internet; and

                     (b)  in accordance with any other requirements specified in the regulations.

194ZD  Minister to ask Scientific Committee for assessment

             (1)  If the Minister includes an ecological community in the threatened communities list under section 194ZC, the Minister must, in writing, request the Scientific Committee to give the Minister an assessment of whether the ecological community is eligible to be included in a category in the threatened communities list.

             (2)  The request must specify the assessment completion time for the assessment.

Note:          When specifying an assessment completion time, the 12‑month period referred to in subsection 194ZH(1) should be considered.

194ZE  Publication of listing of ecological community and inviting comments

             (1)  If the Scientific Committee receives a request under subsection 194ZD(1) in relation to an ecological community that has been included in the threatened communities list, the Committee must publish a notice inviting people to comment on the listing of the ecological community.

             (2)  A notice under subsection (1) in relation to an ecological community:

                     (a)  must be published in accordance with the regulations referred to in paragraph (3)(a); and

                     (b)  must contain the following:

                              (i)  a description of the ecological community;

                             (ii)  a statement that the community has been included in the threatened communities list;

                            (iii)  the date on which the community was so included; and

                     (c)  must invite people to make comments, to the Scientific Committee, about:

                              (i)  whether the community is eligible to be included in a category in the threatened communities list; and

                             (ii)  whether the community should continue to be included in the threatened communities list; and

                     (d)  must specify the date (the cut‑off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and

                     (e)  must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (3)(b), apply to making comments.

             (3)  The regulations may provide for either or both of the following:

                     (a)  how a notice under subsection (1) is to be published;

                     (b)  the manner and form for making comments.

194ZF  Scientific Committee to assess listing of ecological community and give assessment to Minister

             (1)  Section 194N applies in relation to a request under subsection 194ZD(1) as if:

                     (a)  a reference in section 194N to an item included in the finalised priority assessment list for an assessment period were a reference to the ecological community to which the request relates; and

                     (b)  a reference in section 194N to the notice under subsection 194M(1) in relation to the item were a reference to the notice under subsection 194ZE(1) in relation to the ecological community; and

                     (c)  a reference in section 194N to regulations referred to in paragraph 194M(4)(b) were a reference to regulations referred to in paragraph 194ZE(3)(b); and

                     (d)  a reference in section 194N to whether an item is eligible for inclusion in a Subdivision A List were a reference to whether the ecological community should continue to be included in the threatened communities list.

             (2)  A reference in another provision of this Act to section 194N, or to a provision of that section, includes a reference to that section or provision as it applies because of this section.

194ZG  Time by which assessments to be provided to Minister

             (1)  Section 194P applies in relation to a request under subsection 194ZD(1) as if:

                     (a)  a reference in section 194P to an item included in the finalised priority assessment list for an assessment period were a reference to the ecological community to which the request relates; and

                     (b)  a reference in section 194P to the assessment completion time specified in the list for the item were a reference to the assessment completion time specified in the request.

             (2)  A reference in another provision of this Act to section 194P, or to a provision of that section, includes a reference to that section or provision as it applies because of this section.

194ZH  Decision about ecological community remaining in the threatened communities list

Minister to decide whether ecological community should remain listed

             (1)  Within 12 months after the inclusion of an ecological community in the threatened communities list under section 194ZC, the Minister must, by instrument published in the Gazette, subject to subsections (2) and (3), do one of the following:

                     (a)  state that the ecological community remains in the threatened communities list;

                     (b)  alter the category in which the ecological community is included in the threatened communities list;

                     (c)  remove the ecological community from the threatened communities list.

             (2)  The Minister must not take action under subsection (1) unless the Minister has received an assessment from the Scientific Committee under section 194N in relation to the ecological community.

             (3)  The Minister must not take action under subsection (1) that results in the ecological community remaining in the threatened communities list (whether or not in the same or a different category) unless the Minister is satisfied that the ecological community is eligible to be included in a category in the threatened communities list.

Listing lapses automatically if action not taken within 12 months of listing

             (4)  If the Minister does not take action under subsection (1) within the period referred to in that subsection, the ecological community is automatically removed from the threatened communities list, by force of this subsection, at the end of that period.

Note:          This subsection applies even if the Minister is prevented from taking action under subsection (1) because of subsection (2).

Matters to be considered

             (5)  For the purpose of deciding what action to take under subsection (1) in relation to the species:

                     (a)  the Minister must have regard to:

                              (i)  the Scientific Committee’s assessment whether the ecological community is eligible to be included in a category in the threatened communities list; and

                             (ii)  the comments (if any), a copy of which were given to the Minister under subsection 194N(1) with the assessment; and

                     (b)  the Minister may seek, and have regard to, information or advice from any source.

Minister to publish copy or summary of subsection (1) notice

             (6)  The Minister must publish a copy or summary of the instrument referred to in subsection (1). The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.

Additional requirements if ecological community is removed under subsection (1)

             (7)  If, under subsection (1), the Minister removes an ecological community from the threatened communities list, or alters the category in which the community is included, the Minister must, within 10 business days after the removal or alteration, publish a copy of the instrument referred to in subsection (1) on the internet.

Requirements if ecological community is removed under subsection (4)

             (8)  If, under subsection (4), the ecological community is removed from the threatened communities list, the Minister must, within 10 business days after the removal, publish notice of the removal on the internet.

5  Subsection 391(3) (after table item 2)

Insert:

2A

184

whether or not to amend a list referred to in section 178, 181 or 183

2B

194V

whether or not to include a native species in the list referred to in section 178

2C

194ZA

whether or not a native species is to remain on the list referred to in section 178

2D

194ZC

whether or not to include an ecological community in the list referred to in section 181

2E

194ZH

whether or not an ecological community is to remain on the list referred to in section 181