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 (Making Marine Parks Accountable) Act 2012.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Environment Protection and Biodiversity Conservation Act 1999
1 Section 343
At the end of the section, add:
The Minister must obtain, and the Director must report on, scientific advice, stakeholders’ views and an independent social and economic impact assessment before Proclamations over areas of sea (or over both land and sea) are made.
2 After subsection 344(1)
Insert:
(1A) Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 (disallowance) of that Act applies to a Proclamation under this section declaring as a Commonwealth reserve an area of sea, or an area of land and sea.
3 At the end of subsection 351(2)
Add:
; and (d) if the Proclamation is to declare as a Commonwealth reserve an area of sea, or an area of land and sea—include in the report a summary of the Subdivision BA outcomes and the Director’s views on those outcomes.
4 At the end of section 351
Add:
(7) The Subdivision BA outcomes, in relation to a Proclamation, are:
(a) the report of each independent scientific reference panel established under Subdivision BA for the proposal for the Proclamation; and
(b) the report of each stakeholder advisory group established under Subdivision BA for the proposal for the Proclamation; and
(c) the independent assessment of the social and economic impact of the proposal for the Proclamation commissioned under Subdivision BA.
5 After Subdivision B of Division 4 of Part 15
Insert:
Subdivision BA—Proposal for Proclamation of Commonwealth reserve over area of sea
352A Proposal for Proclamation of Commonwealth reserve over area of sea
(1) Before the Governor‑General makes a Proclamation under Subdivision B declaring as a Commonwealth reserve an area of sea, or an area of land and sea, the Minister must:
(a) develop a proposal for the Proclamation that complies with subsection (2); and
(b) do each of the following in relation to the proposal:
(i) establish an independent scientific reference panel under section 352B for each affected region and publish its advice in accordance with section 352C;
(ii) establish a stakeholder advisory group under section 352D for each affected region and publish its views in accordance with section 352E;
(iii) commission an independent assessment of the social and economic impact of the proposal that complies with section 352F.
(2) A proposal for a Proclamation declaring as a Commonwealth reserve an area of sea, or an area of land and sea, complies with this subsection if it includes a statement of:
(a) the proposed name of the reserve; and
(b) the proposed boundaries of the reserve and of any zones into which the reserve is to be divided; and
(c) the purpose for which the reserve is to be declared; and
(d) which IUCN category the reserve (and, if applicable, each zone of the reserve) is to be assigned to; and
(e) the purposes for which it is intended to manage and use the reserve.
(3) A region is an affected region in relation to a proposal for a Proclamation over an area of sea, or an area of land and sea, if:
(a) the region is adjacent to the area of sea or to part of it; or
(b) the area of land, or part of it, is part of the region.
352B Independent scientific reference panel
(1) For the purposes of subparagraph 352A(1)(b)(i) in relation to a proposal, the Minister must establish an independent scientific reference panel, consisting of at least 5, and not more than 8, members, for each affected region.
(2) The Minister must appoint the members of the panel by written instrument, on a part‑time basis, and must appoint one of the members to chair the Committee.
(3) The Minister must ensure that:
(a) each member of the panel (other than the Chair) possesses appropriate scientific qualifications that the Minister considers relevant to the performance of the panel’s functions; and
(b) each member’s appointment is not being made to represent any particular body, group or community.
(4) The panel’s function is to provide a written report to the Minister setting out scientific advice in relation to the conservation value of the proposal for a Proclamation of a Commonwealth reserve, so far as it relates to the affected region and adjacent areas of sea.
(5) Sections 507, 508, 509 and 510 apply to the panel as if it were a Committee to which Division 3 of Part 19 applied.
352C Publishing advice of independent scientific reference panel
The Minister must, within 21 business days of receiving the report of the independent scientific reference panel for an affected region, publish the report on the internet.
352D Stakeholder advisory group
(1) For the purposes of subparagraph 352A(1)(b)(ii) in relation to a proposal for the Proclamation of a Commonwealth reserve, the Minister must establish a stakeholder advisory group, consisting of at least 5, and not more than 12, members, for each affected region.
(2) The Minister must appoint the members of the group by written instrument, on a part‑time basis, and must appoint one of the members to chair the group.
(3) The Minister must ensure that:
(a) each relevant group in the affected region is represented by at least one member; and
(b) each relevant group of users of:
(i) the area of sea to which the proposal relates and to which the region is adjacent; and
(ii) an area of land to which the proposal relates and which is part of the region;
is represented by at least one member; and
(c) there is balanced representation among members representing relevant groups referred to in paragraphs (a) and (b).
(4) The group’s function is to provide a written report to the Minister setting out its views in relation to the proposal for a Proclamation of a Commonwealth reserve, so far as it relates to the affected region and adjacent areas of sea.
(5) The Minister may require the group to provide its report before a day specified by the Minister, which must be at least 2 months after the Minister appoints the members of the group.
(6) Sections 513 and 514 apply to the group as if it were an advisory committee established under section 511.
352E Publishing views of stakeholder advisory group
The Minister must, within 21 business days of receiving the report of the stakeholder advisory group for an affected region, publish the report on the internet.
352F Independent assessment of social and economic impact
The Minister must ensure that the assessment commissioned for the purposes of subparagraph 352A(1)(b)(iii) includes complete and detailed costings of the amount that would be required to adequately compensate businesses and individuals who would be affected if a Proclamation were made in the terms of the proposal.
352G Copies to Director
For the purposes of the Director’s function under section 351 in relation to a matter to be dealt with by a Proclamation, the Minister must give the Director a copy of the Subdivision BA outcomes (see subsection 351(7)).
6 Section 528
Insert:
affected region has the meaning given by subsection 352A(3).
7 Section 528
Insert:
Subdivision BA outcomes has the meaning given by subsection 351(7).
8 Application of amendments
The amendments made by this Act apply in relation to any Proclamation of a Commonwealth reserve made after this Act commences, regardless of whether, before this Act commences, action has been taken under section 351 of the Environment Protection and Biodiversity Conservation Act 1999 in relation to a matter to be dealt with by the Proclamation.