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 is the Environment Protection and Biodiversity Conservation Amendment (Great Australian Bight) Act 2018.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 Subsection 87(1)
Omit “The Minister”, substitute “Subject to section 87A, the Minister”.
2 After section 87
Insert:
87A Assessment of certain actions in Great Australian Bight
(1) This section applies in relation to an action that:
(a) the Minister has decided is a controlled action; and
(b) is a petroleum activity, or a greenhouse gas activity, taken in the Great Australian Bight.
(2) The Minister must decide that the following approach must be used for assessment of the relevant impacts of the action:
(a) an initial assessment of the action by NOPSEMA under the NOPSEMA program;
(b) if NOPSEMA approves the action under the NOPSEMA program—either:
(i) a second assessment by environmental impact statement under Division 6; or
(ii) a second assessment by inquiry under Division 7.
(3) In this section:
Great Australian Bight means:
(a) the waters of the sea known as the Great Australian Bight in the Southern Ocean that are:
(i) beyond the outer limits of the coastal waters of South Australia or Western Australia; and
(ii) inside the seaward boundary of the exclusive economic zone, or above the continental shelf, between the lines of longitude passing through Cape Pasley in Western Australia and Cape Carnot in South Australia; or
(b) the seabed under those waters; or
(c) the airspace over those waters.
greenhouse gas activity has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009.
NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority.
NOPSEMA program means the Program Report—Strategic Assessment of the environmental management authorisation process for petroleum and greenhouse gas storage activities administered by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as in force at the commencement of this section.
petroleum activity has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009.
3 Section 101
After “section 87”, insert “or 87A”.
4 Paragraph 101A(4)(a)
After “section 87”, insert “or 87A”.
5 Subsection 146B(1)
After “may”, insert “, by legislative instrument,”.
6 Paragraph 146B(2)(a)
Repeal the paragraph.
7 Subsections 146B(2A) to (5)
Repeal the subsections.
8 Paragraph 146D(1)(b)
Omit all the words after “action by”, substitute “any person who may take the action in accordance with the endorsed policy, plan or program”.
9 Subsection 158A(1) (paragraph (d) of the definition of approval process decision)
After “section 87”, insert “or 87A”.
Schedule 2—Modifications of 2014 approval
1 Definitions
In this Schedule:
2014 approval means the approval, as in force at the commencement of this Schedule, given on 27 February 2014 by the Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 under section 146B of that Act.
Note: A copy of the 2014 approval could in 2018 be viewed on the website of the Department of Industry, Innovation and Science (http://www.industry.gov.au).
approved class of actions has the same meaning as in the 2014 approval.
coastal waters of a State has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
petroleum and greenhouse gas activities has the same meaning as in the 2014 approval.
2 Modifications of 2014 approval
(1) The 2014 approval has effect as if the approved class of actions excluded actions which are petroleum and greenhouse gas activities that are taken:
(a) in the waters of the sea known as the Great Australian Bight in the Southern Ocean that are:
(i) beyond the outer limits of the coastal waters of South Australia or Western Australia; and
(ii) inside the seaward boundary of the exclusive economic zone, or above the continental shelf, between the lines of longitude passing through Cape Pasley in Western Australia and Cape Carnot in South Australia; or
(b) on or below the seabed under those waters; or
(c) in the airspace over those waters.
(2) The 2014 approval has effect as if the reference in the 2014 approval, under the heading “Relevant controlling provisions”, to the marine environment did not include a reference to an area mentioned in subitem (1) of this item.
3 Application of modifications
The modifications of the 2014 approval made by this Schedule apply in relation to an application for approval to take an action made under the Environment Protection and Biodiversity Conservation Act 1999 after the commencement of this Schedule.