Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to impose a moratorium on new coal, gas and oil projects, 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 01 Apr 2022
Introduced HR 14 Feb 2022
Table of contents.

2019‑2020‑2021‑2022

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Moratorium on New Coal, Gas and Oil Bill 2022

 

No.      , 2022

 

(Mr Bandt)

 

 

 

A Bill for an Act to impose a moratorium on new coal, gas and oil projects, and for related purposes

  

  


Contents

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

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

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

Schedule 1—Amendments                                                                                                3

Environment Protection and Biodiversity Conservation Act 1999                   3

Offshore Petroleum and Greenhouse Gas Storage Act 2006                              4

 

 


A Bill for an Act to impose a moratorium on new coal, gas and oil projects, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Moratorium on New Coal, Gas and Oil Bill 2022.

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Note:          This table relates only to the provisions of this Act as originally enacted.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 1Amendments

  

Environment Protection and Biodiversity Conservation Act 1999

1  At the end of Subdivision B of Division 1 of Part 9

Add:

141  Moratorium on coal, gas and oil

No new approvals of coal, gas or oil projects

             (1)  The Minister must not, on or after the commencement of this section, approve an action consisting of or involving the construction or operation of coal, gas or oil infrastructure.

             (2)  Coal, gas or oil infrastructure is infrastructure that is intended to be used wholly or predominantly for extracting, processing (including refining), transporting or exporting coal, gas or oil.

Example:    A coal mine, oil refinery, gas pipeline, coal freight train line or LNG export terminal.

Existing approvals revoked for projects not commenced

             (3)  Subsections (4) to (6) apply to an approval if:

                     (a)  the approval was granted before the commencement of this section; and

                     (b)  the action covered by the approval consists of or involves the construction or operation of coal, gas or oil infrastructure; and

                     (c)  the holder of the approval did not, at a time occurring:

                              (i)  before the commencement of this section; and

                             (ii)  during the period (the approval period) for which the approval has effect;

                            take that action that was covered by the approval and that consisted of or involved the operation of the infrastructure.

             (4)  The approval is revoked by force of this subsection, with effect from the commencement of this section, unless the approval period ended before that commencement.

             (5)  The Minister must not reinstate the approval.

             (6)  To avoid doubt, the Minister must not extend the approval period.

2  Section 528

Insert:

coal, gas or oil infrastructure has the meaning given by subsection 141(2).

Offshore Petroleum and Greenhouse Gas Storage Act 2006

3  At the end of Division 1 of Part 2.2

Add:

103A  No new permits

             (1)  A permit must not be granted or renewed under this Part after the commencement of this section.

             (2)  A permit granted under this Part before the commencement of this section is cancelled by force of this subsection, with effect from that commencement, unless the permit ceased to be in force before that commencement.

4  At the end of Division 1 of Part 2.4

Add:

167A  No new licences

             (1)  A licence must not be granted or renewed under this Part after the commencement of this section.

             (2)  A licence granted under this Part before the commencement of this section is cancelled by force of this subsection, with effect from that commencement, if:

                     (a)  the licence is in force immediately before that commencement; and

                     (b)  no petroleum recovery operations authorised by the licence have been carried on.