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A Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999 and the Great Barrier Reef Marine Park Act 1975, and for other 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 15 Feb 2019
Introduced Senate 14 Feb 2019
Table of contents.

2016‑2017‑2018‑2019

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Environment Legislation Amendment (Protecting Dugongs and Turtles) Bill 2019

 

No.      , 2019

 

(Senator Hinch)

 

 

 

A Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999 and the Great Barrier Reef Marine Park Act 1975, and for other purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Arrangements with community groups and TUMRAs    3

Great Barrier Reef Marine Park Act 1975                                                              3

Great Barrier Reef Marine Park Regulations 1983                                              3

Schedule 2—Increased penalties                                                                                   7

Environment Protection and Biodiversity Conservation Act 1999                   7

Great Barrier Reef Marine Park Act 1975                                                              8

Schedule 3—Reporting requirements                                                                        9

Australian Border Force Act 2015                                                                           9

Australian Federal Police Act 1979                                                                      10

Environment Protection and Biodiversity Conservation Act 1999                 11

Great Barrier Reef Marine Park Act 1975                                                            11

 

 


A Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999 and the Great Barrier Reef Marine Park Act 1975, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Environment Legislation Amendment (Protecting Dugongs and Turtles) Act 2019.

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.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedules 1 to 3

The day after this Act received 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.

Note 1:       The provisions of the Great Barrier Reef Marine Park Regulations 1983 amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under section 66 of the Great Barrier Reef Marine Park Act 1975 (see subsection 13(5) of the Legislation Act 2003).

Note 2:       See also item 2 of Schedule 1 which provides that regulations made under section 66 of the Great Barrier Reef Marine Park Act 1975 relating to traditional use of marine resources agreements (however described) do not come into effect until they have been approved by resolution of each House of the Parliament.

Schedule 1Arrangements with community groups and TUMRAs

  

Great Barrier Reef Marine Park Act 1975

1  After subsection 39ZA(2)

Insert:

             (3)  An agreement or arrangement under subsection (1) must include a requirement relating to how the community group will ensure the recovery and continued protection and conservation of species and ecological communities listed in paragraph 39Y(b), including but not limited to:

                     (a)  species in the genus Dugong (dugong);

                     (b)  species in the family Cheloniidae (marine turtles); and

                     (c)  species Dermochelys coriacea (leatherback turtles).

             (4)  If the Authority is not satisfied that the community group has met the requirement in subsection (3), the Authority may, at any time:

                     (a)  refuse to approve an agreement or arrangement;

                     (b)  request that the community group provide additional information in relation to compliance with the requirement; or

                     (c)  terminate an agreement or arrangement.

2  After subsection 66(1)

Insert:

          (1A)  Regulations made under subsection (1) relating to traditional use of marine resources agreements (however described) do not come into effect until they have been approved by resolution of each House of the Parliament.

Great Barrier Reef Marine Park Regulations 1983

3  Paragraph 89D(1)(e)

Repeal the paragraph, substitute:

                     (e)  describe the animal species proposed to be harvested and, if those species include 1 or more protected species:

                              (i)  how many specimens of each protected species is proposed to be harvested; and

                             (ii)  the method (or methods) by which the harvesting of each protected species is proposed to be undertaken; and

4  Paragraph 89D(1)(g)

Repeal the paragraph, substitute:

                     (g)  describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about:

                              (i)  the take of protected species; and

                             (ii)  the method (or methods) by which the harvesting of protected species has been undertaken; and

5  After paragraph 89F(e)

Insert:

                    (ea)  whether the method (or methods) by which the harvesting of each protected species is proposed to be undertaken is humane; and

6  Section 89F (note)

Omit “paragraph (e)”, substitute “paragraphs (e) and (ea)”.

7  After subregulation 89G(3)

Insert:

          (3A)  The Authority must not accredit a TUMRA unless it is satisfied that:

                     (a)  the relevant population of each protected species will be able to sustain any proposed harvesting; and

                     (b)  the proposed harvesting of each protected species will be undertaken in a humane manner.

Note:          For information about protected species, see regulation 29.

          (3B)  For the purposes of paragraph (3A)(b), harvesting of a protected species is undertaken in a humane manner if it is done in a way that causes the animal as little pain as is reasonable.

Note:          For information about protected species, see regulation 29.

          (3C)  For the purposes of subregulation (3B), the following acts or omissions are taken not to cause the animal as little pain as is reasonable:

                     (a)  injuring the animal to stop it escaping after it has been caught;

                     (b)  injuring the animal or prolonging its life to attract another animal;

                     (c)  taking flesh from the animal for human consumption before the animal is dead;

                     (d)  doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation.

Examples:  Acts such as tethering a dying dugong to attract other dugongs, cutting pieces of meat from a turtle to eat before a turtle has died, and storing a turtle for extended period on its back without adequate food and water so that it dies are taken not to cause the animal as little pain as is reasonable.

8  At the end of Part 2B

Add:

Division 2B.6Funding of TUMRA

89V  TUMRA development funding

             (1)  The Authority must not provide funding to develop a TUMRA unless satisfied that consideration of the welfare and conservation of protected species will form an integral part of the development process.

Note:          For information about protected species, see regulation 29.

             (2)  To avoid doubt, subsection (1) does not prevent the Authority considering any other matter in assessing an application for TUMRA development funding.

89W  TUMRA implementation funding

             (1)  The Authority must not provide funding to implement a TUMRA unless satisfied that the welfare and conservation of protected species is likely to benefit from the provision of the funding.

Note:          For information about protected species, see regulation 29.

             (2)  To avoid doubt, subsection (1) does not prevent the Authority considering any other matter in assessing an application for TUMRA implementation funding.

Schedule 2Increased penalties

  

Environment Protection and Biodiversity Conservation Act 1999

1  Subsection 196(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

2  Subsection 196B(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

3  Subsection 196D(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

4  Subsection 211(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

5  Subsection 211B(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

6  Subsection 211D(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

7  Subsection 254(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

8  Subsection 254B(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

9  Subsection 254D(1) (penalty)

Omit “imprisonment for 2 years or 3,000 penalty units”, substitute “imprisonment for 5 years or 3,000 penalty units”.

Great Barrier Reef Marine Park Act 1975

10  Subsection 38GA(9)

Omit “then the number of penalty units set out in the penalty for the aggravated offence is tripled”, substitute “then the penalty is—imprisonment for 5 years or 6,000 penalty units, or both”.

Schedule 3Reporting requirements

  

Australian Border Force Act 2015

1  After section 57

57AA  Annual report

             (1)  The annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of the action that was taken, during that period, to:

                     (a)  prevent the illegal removal or destruction of wildlife, particularly dugongs, marine turtles and leatherback turtles; and

                     (b)  investigate and enforce offences against the Environment Protection and Biodiversity Conservation Act 1999 and the Great Barrier Reef Marine Park Act 1975 relating to the protection of dugong, marine turtles and leatherback turtles.

Note:          Offences relating to the protection of dugongs, marine turtles and leatherback turtles include:

(a)    aggravated offences against sections 196 to 196E of the Environment Protection and Biodiversity Conservation Act 1999 (killing, injuring, taking or trading member of listed threatened species or community); and

(b)    aggravated offences against sections 211 to 211E of the Environment Protection and Biodiversity Conservation Act 1999 (killing, injuring, taking or trading member of listed migratory species); and

(c)    aggravated offences against sections 254 to 254E of the Environment Protection and Biodiversity Conservation Act 1999 (killing, injuring, taking or trading member of listed marine species); and

(d)    offences (including an aggravated offence) against section 38BA of the Great Barrier Reef Marine Park Act 1975 (conduct in zone: offence).

             (2)  In this section:

Dugong means all species in the genus Dugong.

Leatherback turtle means the species Dermochelys coriacea.

Marine turtle means all species in the Family Cheloniidae.

Australian Federal Police Act 1979

2  Section 67

Before “The annual report”, insert “(1)”.

3  At the end of section 67

Add:

             ; and (c)  the action that was taken, during that period, to investigate and enforce offences against the Environment Protection and Biodiversity Conservation Act 1999 and the Great Barrier Reef Marine Park Act 1975 relating to the protection of dugongs, marine turtles and leatherback turtles.

Note:          Offences relating to the protection of dugongs, marine turtles and leatherback turtles include:

(a)    aggravated offences against sections 196 to 196E of the Environment Protection and Biodiversity Conservation Act 1999 (killing, injuring, taking or trading member of listed threatened species or community); and

(b)    aggravated offences against sections 211 to 211E of the Environment Protection and Biodiversity Conservation Act 1999 (killing, injuring, taking or trading member of listed migratory species); and

(c)    aggravated offences against sections 254 to 254E of the Environment Protection and Biodiversity Conservation Act 1999 (killing, injuring, taking or trading member of listed marine species); and

(d)    offences (including an aggravated offence) against section 38BA of the Great Barrier Reef Marine Park Act 1975 (conduct in zone: offence).

             (2)  In this section:

Dugong means all species in the genus Dugong.

Leatherback turtle means the species Dermochelys coriacea.

Marine turtle means all species in the Family Cheloniidae.

Environment Protection and Biodiversity Conservation Act 1999

4  After subsection 516(1)

Insert:

          (1A)  A report prepared under subsection (1) must include particulars of the action that was taken, during that period, to:

                     (a)  conserve and protect dugongs, marine turtles and leatherback turtles; and

                     (b)  investigate and enforce offences against this Act relating to the protection of dugongs, marine turtles and leatherback turtles.

Note:          Offences relating to the protection of dugongs, marine turtles and leatherback turtles include:

(a)    aggravated offences against sections 196 to 196E of this Act (killing, injuring, taking or trading member of listed threatened species or community); and

(b)    aggravated offences against sections 211 to 211E of this Act (killing, injuring, taking or trading member of listed migratory species); and

(c)    aggravated offences against sections 254 to 254E of this Act (killing, injuring, taking or trading member of listed marine species).

5  At the end of section 516

Add:

             (3)  In this section:

Dugong means all species in the genus Dugong.

Leatherback turtle means the species Dermochelys coriacea.

Marine turtle means all species in the Family Cheloniidae.

Great Barrier Reef Marine Park Act 1975

6  Section 53

Repeal the section, substitute:

53  Annual report

             (1)  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of:

                     (a)  all directions given by the Minister during the period under subsection 7(2) or 46(2) of this Act; and

                     (b)  the action that was taken, during that period, to:

                              (i)  conserve and protect dugongs, marine turtles and leatherback turtles; and

                             (ii)  investigate and enforce offences against this Act relating to the protection of dugong, marine turtles and leatherback turtles.

Note:          Offences relating to the protection of dugongs, marine turtles and leatherback turtles include offences (including an aggravated offence) against section 38BA of this Act (conduct in zone: offence).

             (2)  In this section:

Dugong means all species in the genus Dugong.

Leatherback turtle means the species Dermochelys coriacea.

Marine turtle means all species in the Family Cheloniidae.