Federal Register of Legislation - Australian Government

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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 26 Mar 2013
Introduced Senate 20 Mar 2013
Table of contents.

2010‑2011‑2012‑2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef) Bill 2013

 

No.      , 2013

 

(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—Amendment                                                                                                  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 (Great Barrier Reef) Act 2013.

2  Commencement

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Environment Protection and Biodiversity Conservation Act 1999

1  After Subdivision FA of Division 1 of Part 3 of Chapter 2

Insert:

Subdivision FBDevelopments impacting the Great Barrier Reef World Heritage Area

24D  No port development in designated areas

                   Notwithstanding any other provision of this Act, or of a regulation made pursuant to this Act, the Minister must not approve the taking of an action if:

                     (a)  the action relates to the building or development of a port outside existing port areas; or

                     (b)  the action relates to the building, development, expansion or improvement of a port located in any of the following areas:

                              (i)  the Fitzroy Delta;

                             (ii)  Balaclava Island;

                            (iii)  Port Alma;

                            (iv)  northern Curtis Island (north of 23°45'S);

                             (v)  the north section of the Great Barrier Reef as defined by Great Barrier Reef Marine Park Authority maps as at 20 March 2013;

                            (vi)  any other area, to the extent that the building or development of the port in that area could have a significant impact on the environment of an area referred to in subparagraphs (i) to (v).

24E  Development of existing port

             (1)  Notwithstanding any other provision of this Act, or of a regulation made pursuant to this Act, the Minister must not approve an action after 20 March 2013:

                     (a)  if the action would occur in an existing port area that is located in, or adjoining, the Great Barrier Reef world heritage area; and

                     (b)  if the action would impact individually or cumulatively on the world heritage values of the Great Barrier Reef world heritage area.

 24F  Moratorium on all developments impacting the Reef until strategic assessment completed

                   Notwithstanding any other provision of this Act, or of any regulation made for the purpose of this Act, the Minister must not give an approval, or revoke or amend an approval, for an activity that is likely to individually or cumulatively have a significant impact on the world heritage values of the Great Barrier Reef on or after 20 March 2013 unless:

                     (a)  a strategic assessment of the long term sustainability of development impacting the Great Barrier Reef world heritage area and areas adjoining the Great Barrier Reef world heritage area, has been undertaken; and

                     (b)  the strategic assessment has been provided to the World Heritage Committee for review and consideration; and

                     (c)  the World Heritage Committee has completed its review and consideration of the strategic assessment and has deemed it to be adequate.

24G  Minister cannot approve any developments which do not deliver a net benefit for the Great Barrier Reef world heritage area

             (1)  Notwithstanding any other provision of this Act, or of any regulation made for the purpose of this Act, the Minister must not approve the taking of an action that impacts the Great Barrier Reef world heritage area if the action will not deliver an overall net benefit for the world heritage values of the Great Barrier Reef world heritage area.

             (2)  The Minister must, within 6 months of the date that this section commences, make a determination, in writing, setting out a methodology to be applied to determine whether an activity has an overall net benefit for the Great Barrier Reef world heritage area.

             (3)  The determination under subsection (2) is a legislative instrument.

             (4)  In determining whether an action delivers an overall net benefit to the world heritage areas as required in subsection (1), the Minister must:

                     (a)  apply the methodology established under subsection (2); and

                     (b)  prepare a statement of reasons that clearly explains how the methodology in subsection (2) has been applied; and

                     (c)  publish the statement on the Department’s website at the time the decision is made.