1.
This amendment extends the maximum period between Royal
Assent and commencement of the Environment Protection and Biodiversity
Conservation Bill 1998 (EPBC Bill) from 6 to 12 months.
4.
This amendment removes a subclause providing that the Crown
is not liable to prosecution. Such a provision appears in many Acts simply for
the sake of clarity. There is a long tradition of Crown immunity from criminal
liability and a relevant case law supports that immunity and would require
clear displacement of a strong presumption against any intention to render the
Crown criminally liable. The subclause is removed to avoid any appearance that
this immunity is extended to Commonwealth employees, servants and agents who
breach offence provisions of the EPBC Bill.
5. In removing subclause 4(2) it is not the intention
to reverse the long-held policy that the Crown itself, as opposed to its
emanations in the form of officials, servants and agents, and corporate
entities, should not be subject to criminal prosecution.
6.
This amendment deletes clause 6 of the EPBC Bill. The EPBC
Bill makes specific reference, in appropriate clauses, to Australia's
international obligations where they are relevant.
7.
This amendment inserts a new subclause into the EPBC Bill
which provides that the Aboriginal Land Rights (Northern Territory) Act
1976 and the Native Title Act 1993 will not be affected by the EPBC
Bill.
8.
This amendment provides that the Aboriginal Land Rights
(Northern Territory) Act 1976 does not prevent a person exercising powers
of performing functions and duties under the EPBC Bill.
9.
These amendments remove the capacity for conservation
agreements to provide that specified actions do not require approval from the
Minister under Part 9. See also clause 317.
10.
Clause 75 of the EPBC Bill requires the Minister to decide
whether an action requires approval for the purposes of Part 3. These
amendments clarify that if the Minister decides that approval for the purposes
of the relevant section is not required because the action will be taken in a
specified manner, then the action is exempt from approval only if it is taken
in the specified manner.
11.
These amendments remove the words "or the giving of an
authorisation (however described) of such an action", which are not needed
because it is clear from subclause 524(2) of the EPBC Bill that such an
authorisation is not an action.
12.
This amendment inserts a new subclause into the EPBC Bill
which provides that a Ministerial declaration that a property is a World
Heritage property pending nomination for inclusion in the World Heritage list
cannot be in force for longer than 12 months.
13.
These amendments insert new subclauses into the EPBC Bill
which strengthen protection of matters of national environmental significance
and Commonwealth areas. The insertion of these clauses will ensure that the
Commonwealth has the option of pursuing criminal prosecution or seeking a civil
penalty in the event of non-compliance. Under certain conditions it is an
offence to take an action that has, will have, or is likely to have a
significant impact on a matter of national environmental significance (other
than a matter prescribed by regulations made under clause 25 of the EPBC Bill),
or on the environment on Commonwealth land, or to take an action on
Commonwealth land which has a significant impact on the environment.
14. Maximum penalties are seven years imprisonment or
a fine of 420 penalty units or both, except for action on Commonwealth land or
affecting the environment on Commonwealth land, in which case the maximum
penalty is two years imprisonment, or a fine of 120 penalty units, or both.
15. Under clause 495 of the EPBC Bill an executive
officer of a body corporate convicted of an offence under these provisions may
also be guilty of an offence.
16.
These amendments modify the procedures for the Minister to
declare that a wetland is a Ramsar wetland by: requiring the Minister to
consult relevant States and Territories before making a declaration (unless
there is an imminent threat to the wetland), and providing that a declaration
cannot be in force for longer than 12 months.
17.
These amendments make the definition of nuclear
installation consistent with the definition used in the Australian Radiation
Protection and Nuclear Safety Act 1998.
18.
This amendment inserts a new subclause into the EPBC Bill
which provides that fishing in a State managed fishery outside the Commonwealth
marine area does not require approval from the Minister for the purposes of
clause 23(2) of the EPBC Bill.
19.
This amendment strengthens the requirements for the
Commonwealth to consult with States and Territories, and seek to reach
agreement before introducing new matters of national environmental significance
by regulation.
20.
This amendment inserts a new subclause into the EPBC Bill
which provides that when a regulation prescribing an action or class or actions
is made in order to give effect to an international obligation, the relevant
obligation must be specified in the regulation.
21.
This amendment removes the Minister's power to specify that
an action on Commonwealth land does not require approval under Part 9. This
clause is redundant, given the provisions of Division 3 of Part 7 of the EPBC
Bill.
22.
This amendment removes subclause 26(4) of the EPBC Bill,
which is not necessary because clause 158 of the EPBC Bill covers exemptions in
the national interest.
24.
This amendment inserts a new division into the EPBC Bill
which provides that a review must be carried out every five years to determine
whether additional matters of national environmental significance should be
protected by Part 3 of the EPBC Bill. Such additional matters of national
environmental significance would trigger the Commonwealth's environment
assessment and approval powers.
25. The amendment sets out the matters which must be
considered in the review, and outlines a process for public consultation.
26.
These amendments provide that bilateral agreements may
declare that actions do not require approval under Part 9 only if the actions
are approved by a State or Territory under an accredited management plan.
Management plans must be in force under a law of the State or Territory. In
order for an action not to require approval, it must be both approved and taken
in accordance with the accredited management plan.
27. The Minister may accredit a management plan only
if satisfied that there has been an adequate assessment of the certain and
likely impacts of the action approved under the plan on matters of national
environmental significance covered by the agreement. The Minister must also be
satisfied that any actions approved under the plan will not have an
unacceptable or unsustainable impact on matters of national environmental
significance.
28. Accredited management plans will be disallowable
instruments. The management plan and the State or Territory law must meet
criteria prescribed in regulations.
29.
The Minister may make a declaration that actions do not
require approval under Part 9 only if the actions are approved by the
Commonwealth or a specified Commonwealth agency under an accredited management
plan. Management plans must be in force under a law of the Commonwealth.
30. The Minister may accredit a management plan only
if satisfied that there has been an adequate assessment of the certain and
likely impacts of the action approved under the plan on matters of national
environmental significance covered by the agreement. The Minister must also be
satisfied that any actions approved under the plan will not have an
unacceptable or unsustainable impact on matters of national environmental
significance.
31. Accredited management plans will be disallowable
instruments. The management plan and the Commonwealth law must meet criteria
prescribed in regulations.
32.
This amendment inserts a new subdivision into the EPBC Bill
which provides pre-requisites for making declarations. These pre-requisites
are equivalent to the pre-requisites for entering into bilateral agreements
(see clauses 50-56 of the EPBC Bill).
35.
These amendments set out requirements for the Minister to
publish notice of an intention to develop a draft bilateral agreement, and to
publish a draft bilateral agreement for public comment, before entering into a
bilateral agreement. The Minister must take account of public comments, and
must also consider the role and interests of indigenous people.
36. Bilateral agreements, together with the
Minister's reasons for entering into them, must be published as soon as
practicable after they are entered into.
37.
This amendment provides that a bilateral agreement that
accredits State or Territory assessments or approvals under clauses 46 or 47 of
the EPBC Bill must contain a clause under which the State or Territory
undertakes to ensure that impacts of the action on environmental matters that
are not of national significance will be assessed. This clause guarantees that
all environmental impacts are assessed before an action is approved.
38. Bilateral agreements must recognise that the
Auditor General can carry out a performance audit of the operations of the
Commonwealth public sector in relation to the agreement.
39.
This amendment inserts a new subclause into the EPBC Bill
which provides that bilateral agreements will have no effect in relation to an
action in Booderee National Park, Uluru-Kata Tjuta National Park, or Kakadu
National Park.
40.
These amendments will make it mandatory rather than
optional to prepare Australian World Heritage Management Principles and
Australian Ramsar Management Principles.
41.
Under the revised scheme established by clauses 52, 53, 54,
55, 76, 92, 93, State and Territory approvals can be accredited through
bilaterally accredited management plans. Accordingly, the preconditions for
entering into a bilateral agreement are amended so that they also apply to
accrediting a management plan.
42.
This amendment removes a broad requirement that the
Minister be satisfied that the provisions of a bilateral agreement are not
inconsistent with Australia's obligations under an international agreement.
The EPBC Bill makes specific reference, where appropriate, to Australia's
relevant international obligations.
43.
This amendment ensures that an emergency suspension of a
bilateral agreement can have effect for no longer than three months, and the
Minister must consult with the appropriate State and Territory Minister(s) as
soon as possible after the emergency suspension of a bilateral agreement.
44.
This amendment provides that the Minister must, rather than
may, revoke the suspension or cancellation of a bilateral agreement if he or
she is satisfied that the reason(s) for the suspension or cancellation are no
longer valid.
45.
This amendment provides that the Minister must, rather than
may, cancel or suspend a bilateral agreement if the other party asks him or her
to do so under the agreement.
46.
This amendment inserts a new clause into the EPBC Bill
which provides that if, at the time that a bilateral agreement ceases to have
effect, an action did not require approval under Part 9 of the EPBC Bill
because it had been approved in accordance with an accredited management plan
under the agreement, then the Act continues to operate in relation to that
action as if the suspension or cancellation had not occurred.
47.
This amendment is consequential to the amendments contained
in clauses 112, 113, and 115, which change the title of "specially accredited
assessment process" to "accredited assessment process" and provide more details
about the nature of such processes.
48.
This amendment inserts a new subclause into the EPBC Bill
which provides that a person need not refer an action that he or she thinks may
be a controlled action to the Minister if the person receives a notice under
section 73 that the action has already been referred by a State, Territory, or
a Commonwealth agency. This amendment will avoid duplicated referrals.
49.
This amendment will allow an extension of time where the
Minister requests that a proposal be referred, but only if the person referring
the action agrees. An extension may be necessary in order for the person to
gather the information that must accompany a referral.
50.
This amendment will allow a Commonwealth agency to refer a
proposed action to the Minister whether or not the agency thinks the action may
be a controlled action. This will enable a Commonwealth agency to clarify that
a proposed action is not a controlled action in the same way as a person under
subclause 68(2) of the EPBC Bill.
51.
This amendment provides that the Minister must inform a
person as soon as practicable that the referral received from a State,
Territory, or Commonwealth agency has been received. The Minister must also
invite the person to provide relevant information on whether the action is
controlled.
52.
These amendments require the Minister to publish referrals
on the Internet and invite public comments within a period of 10 business days
on whether the action is a controlled action. The Minister must consider any
comments received.
53.
This amendment deletes a subclause which is redundant
because of the new scheme established by clauses 52, 53, 54, 55, 76, 92, 93 and
clauses 56, 57, 58, 59, 60, 69 and 70. Under the new scheme, bilateral
agreements and declarations can not declare that an action does not require
approval by reference to the fact that it was taken in a specified manner.
54.
This amendment provides that the substantial new
information or change in circumstances on the basis of which the Minister
changes a decision about whether an action requires approval must relate to the
impacts of the action on a matter protected by Part 3 of the EPBC Bill.
56.
This amendment provides that if the Minister reconsiders a
decision under clause 75 of the EPBC Bill and decides that a particular
provision of Part 3 is a controlling provision, an earlier decision that the
provision is not a controlling provision does not allow the action to be taken.
57.
These amendments replace references to "specially
accredited processes" with references to "accredited assessment processes" and
stipulate that assessment processes can only be accredited under this clause if
the Minister is satisfied that: the assessments are carried out under
Commonwealth, State or Territory law; both the law and the assessment process
meet the standards set out in any regulations; the impacts of the action will
be adequately assessed; and a report which contains enough information for the
Minister to make an informed decision about whether to approve the action will
be provided.
59.
This amendment provides prerequisites for making a
declaration relating to environmental assessment; the new prerequisites are
consistent with the prerequisites for entering into a bilateral agreement
relating to environmental assessment.
62.
This amendment makes it mandatory (rather than at the
Minister's discretion) that where the Minister decides that a controlled action
must be assessed on the basis of preliminary documentation, the proponent must
invite public comments on the proposal and the documentation. The information
that must be published is to be specified in the direction from the Minister.
63.
These amendments clarify the circumstances under which the
Secretary may decide not to provide all or part of an assessment report to a
person who asks for it. The grounds for such a decision are the security of
the Commonwealth, providing advice to the Minister, or commercial in
confidence. The Secretary can only decide that information is commercial in
confidence if a person can demonstrate this fact in accordance with specified
criteria.
64.
These amendments set a time limit of 20 days for the
Minister to prepare written guidelines for a public environment report or an
environmental impact statement.
65.
These amendments expand the range of actions for which an
assessment by public environment report, environmental impact statement, or
inquiry may include additional matters at the request of a State or Territory
to include actions whose regulation is appropriate and adapted to give effect
to Australia's obligations under an agreement with one or more other countries.
66.
This amendment provides that in cases where the
Commonwealth does not assess all of an action's impacts on the environment, the
Minister must not approve the taking of an action unless he or she has received
a notice certifying that the relevant State or Territory has assessed the
action's impacts on environmental matters that were not assessed by the
Commonwealth.
67. When such information is required, the period
within which the Minister must decide whether to approve the taking of the
action does not begin until the information from the relevant State or
Territory has been received.
68.
This amendment ensures that the Minister may only approve
the taking of an action if he or she has received an assessment report relating
to the action. This will prevent an action being approved without being
properly assessed.
69.
This amendment inserts a new subclause which provides that
the Minister must not approve the taking of an action unless he or she receives
notice that the environmental impacts of the action on environmental matters
that are not of national environmental significance have been assessed by the
State or Territory in which it is proposed the action be taken. The notice
must also specify how the impacts were assessed.
70. The purpose of this provision is to ensure that
all of the certain and likely environmental impacts of a proposed action are
assessed by either the Commonwealth or the relevant State or Territory.
Accordingly, the requirement for notice does not apply where the action is a
nuclear action, taken in a Commonwealth marine area, taken on Commonwealth
land, or taken by the Commonwealth or a Commonwealth corporation. In these
cases assessment by the Commonwealth under the EPBC Bill will include all
environmental impacts.
71. If the Minister decides not to approve the taking
of an action, he or she must inform the proponent of that decision.
72.
This amendment makes it clear that a plan for conserving
habitat of a threatened or migratory species or threatened ecological community
is a specific example of a plan for managing the impacts of an approved action.
73.
This amendment provides that in deciding whether to attach
a condition to an approval, the Minister must consider information provided by
the proponent. However, failure to consider the relevant information does not
invalidate the Minister's decision. The purpose of this amendment is to ensure
that the proponent has an opportunity to comment on what conditions would be
appropriate and effective.
75.
This amendment removes a broad requirement for the Minister
to be satisfied that decisions about actions prescribed by regulations made
under clause 25 of the EPBC Bill are not inconsistent with Australia's
international obligations. The EPBC Bill makes specific reference, where
appropriate, to Australia's relevant international obligations.
76.
This amendment inserts a new clause which provides that
under certain circumstances it is an offence to breach conditions of an
approval. The maximum penalty is 2 years imprisonment, or a fine of 120
penalty units, or both.
77. Under some circumstances the Crown may have the
option of civil or criminal proceedings against a person who breaches the
conditions of an approval. Clause 466 inserts provisions into the EPBC Bill
containing rules that must be followed in such circumstance.
78. Clause 474 inserts provisions into the EPBC Bill
which allow an executive officer of a corporation to be convicted of an offence
under that clause.
80.
This amendment provides an additional basis upon which the
Minister may decide to revoke an approval. The approval may be revoked if the
impact that the action has had, will have or is likely to have on a matter
protected by Part 3 of the EPBC Bill was not properly identified as a result of
a negligent or deliberate act or omission by the designated proponent of the
action.
82.
This amendment inserts a new clause which provides that a
person with an approval to take an action may transfer that approval to another
person, but only with the Minister's consent. In deciding whether to consent
to the transfer, the Minister may consider the transferee's history in relation
to environmental matters and the transferee's capacity to comply with any
conditions attached to the approval.
83.
This amendment inserts a new subclause which provides that
if a policy, plan or program which will be implemented outside a Commonwealth
area is subject to strategic assessment, impacts on matters which are not of
national environmental significance may be assessed, but only at the request of
the relevant State or Territory.
84.
This amendment provides that an agreement to conduct a
strategic assessment of a policy, plan or program must include public
consultation on draft terms of reference and finalisation of terms of reference
taking comments into account.
86.
This amendment provides that an agreement for a strategic
assessment must provide for a period of at least 28 days for the public to
comment on a draft report on the assessed impacts.
88.
This amendment inserts a new subclause which provides that
the Minister must inform relevant State or Territory Ministers that an
agreement to carry out a strategic assessment has been reached, and generally
what actions are to be assessed.
89.
This amendment is consequential to those made by clause38,
which introduce offence provisions relating to actions which have, will have or
are likely to have a significant impact on the Commonwealth marine environment.
90.
This amendment clarifies what the Minister must do if he or
she endorses a plan or policy as a result of an agreement under Division 2 of
Part 10 of the EPBC Bill which deals with assessment of Commonwealth managed
fisheries.
92.
This amendment clarifies that the Environment Minister's
advice must be sought before the Commonwealth enters into a contract, agreement
or arrangement to implement a foreign aid project.
93.
This amendment inserts a new subclause which provides that
the regulations may specify when the Environment Minister's advice about a
decision must be sought by reference to the possible environmental impacts of
the actions which flow from the decision.
94.
This amendment makes it mandatory to assess under Part 8 of
the EPBC Bill an application for a permit relating to a cetacean. The rules
for applying the provisions of Part 8 to such an application are amended to be
consistent with those where the Minister's advice must be sought under clause
160 of the EPBC Bill.
96.
This amendment inserts a new division which provides that
the Secretary must publish a notice on the Internet each week containing
specified information about assessments under Parts 7 and 8 of the EPBC Bill,
and about bilateral agreements.
97.
This amendment requires the Minister to consult with the
public when preparing a bioregional plan for a bioregion that is within a
Commonwealth area.
98.
This amendment stipulates that the Minister must (rather
than may) have regard to bioregional plans in making ane decision under the Act
to which a plan is relevant.
100.
This amendment inserts a new subclause which provides that
if a State or Territory or the Australian and New Zealand Environment and
Conservation Council lists an ecological community as critically endangered,
endangered or vulnerable under a list identified in the regulations, then the
Minister must decide whether that ecological community should be listed under
clause 181 of the EPBC Bill.
101.
These amendments remove the requirement that key
threatening processes can be listed only if preparing and implementing a threat
abatement plan is a feasible, effective and efficient way to abate the process.
Under the amended Bill, a key threatening process is listed if it satisfies the
relevant scientific test. A plan is prepared only if it is a feasible,
effective and efficient way to abate the process. Clause 284 inserts into the
EPBC Bill provisions requiring the Minister to decide whether to prepare a
threat abatement plan for a listed key threatening process.
102.
This amendment requires the Scientific Committee to
provide, within 12 months, advice to the Minister on whether to list a key
threatening process.
103.
This amendment requires the Minister to forward to the
Scientific Committee, within ten days, nominations for inclusion on the list of
threatened species, threatened ecological communities or key threatening
processes.
104.
This amendment specifies the only circumstances under which
the Minister may reject nominations for listing without referring them to the
Scientific Committee.
105. These amendments provide for the offences
relating to killing, injuring, taking etc listed threatened species (except
conservation dependent species) and listed ecological communities including
through the application of strict liability .
106. Where the offence is one of strict liability,
the offence carries a maximum penalty of a fine of 500 penalty points. In the
case of a corporation, the maximum fine is 2500 penalty points (see subsection
4B(3) of the Crimes Act 1914).
107. Where the offence is not one of strict liability
(although strict liability applies to some elements of the offence). The
maximum penalty is 2 years imprisonment, a fine of 1000 penalty points, or
both. In the case of a corporation, the maximum fine is 5000 penalty points
(see subsection 4B(3) of the Crimes Act 1914).
115.
These amendments create a process for public consultation
on the issue of permits in relation to listed threatened species and ecological
communities. The Minister must create and maintain a register of interested
parties (see clause 278), and give written notice inviting these parties to
comment on each permit application.
117.
This amendment inserts a new clause which provides that
applications may be made to the Administrative Appeals Tribunal seeking a
review of decisions about permits.
118.
This amendment inserts a new subdivision which provides
that the Minister must create a register which may include critical habitat for
listed threatened species and listed threatened ecological communities. The
regulations will set out the process for identifying critical habitat and the
factors to be taken into account in deciding whether to list critical habitat.
119. Under certain circumstances, it is an offence to
damage critical habitat. It is important to note that this clause does not
limit the operation of Divisions 2,3, or 4 of Part 13 of the EPBC Bill. That
is, damage to habitat (whether critical or not) may constitute a "take" of a
species or result in injury to the species for the purposes of other provisions
of Divisions 2, 3 or 4.
120. If a Commonwealth agency sells or leases land
that contains critical habitat, it must ensure that the contract includes a
covenant the effect of which is to protect the critical habitat.
121.
These amendments provide for the offences relating to
killing, injuring, taking etc listed migratory species including through the
application of strict liability.
122. Where the offence is one of strict liability,
the offence carries a maximum penalty of a fine of 500 penalty points. In the
case of a corporation, the maximum fine is 2500 penalty points (see subsection
4B(3) of the Crimes Act 1914).
123. Where the offence is not one of strict liability
(although strict liability applies to some elements of the offence). The
maximum penalty is 2 years imprisonment, a fine of 1000 penalty points, or
both. In the case of a corporation, the maximum fine is 5000 penalty points
(see subsection 4B(3) of the Crimes Act 1914).
131.
These amendments create a process for public consultation
on the issue of permits in relation to listed migratory species. The Minister
must create and maintain a register of interested parties (see clause 278), and
give written notice inviting these parties to comment on each permit
application.
133.
This amendment inserts a new clause which provides that
applications may be made to the Administrative Appeals Tribunal seeking a
review of decisions about permits.
134.
These amendments provide for the offences relating to
killing, injuring, taking etc cetaceans, including through the application of
strict liability .
135. Where the offence is one of strict liability,
the offence carries a maximum penalty of a fine of 500 penalty points. In the
case of a corporation, the maximum fine is 2500 penalty points (see subsection
4B(3) of the Crimes Act 1914).
136. Where the offence is not one of strict liability
(although strict liability applies to some elements of the offence). The
maximum penalty is 2 years imprisonment, a fine of 1000 penalty points, or
both. In the case of a corporation, the maximum fine is 5000 penalty points
(see subsection 4B(3) of the Crimes Act 1914).
143.
These amendments create a process for public consultation
on the issue of permits in relation to cetaceans. The Minister must create and
maintain a register of interested parties (see clause 278), and give written
notice inviting these parties to comment on each permit application.
145.
This amendment inserts a new clause which allows
applications to be made to the Administrative Appeals Tribunal seeking review
of decisions about permits.
147.
These amendments provide for the offences relating to
killing, injuring, taking etc listed marine species, including through the
application of strict liability.
148. Where the offence is one of strict liability,
the offence carries a maximum penalty of a fine of 500 penalty points. In the
case of a corporation, the maximum fine is 2500 penalty points (see subsection
4B(3) of the Crimes Act 1914).
149. Where the offence is not one of strict liability
(although strict liability applies to some elements of the offence). The
maximum penalty is 2 years imprisonment, a fine of 1000 penalty points, or
both. In the case of a corporation, the maximum fine is 5000 penalty points
(see subsection 4B(3) of the Crimes Act 1914).
157.
These amendments create a process for public consultation
on the issue of permits in relation to listed marine species. The Minister must
create and maintain a register of interested parties (see clause 278), and give
written notice inviting these parties to comment on each permit application.
159.
This amendment inserts a new clause which provides that
applications may be made to the Administrative Appeals Tribunal seeking
decisions about permits.
160.
This amendment inserts a new division which provides that a
register for consultation about permit applications in relation to listed
threatened species, listed threatened ecological communities, listed migratory
species, listed marine species and cetaceans must be kept. This register will
be used to invite comment on permit applications, as set out in clauses 202,
227, 247, and 271.
161. This amendment replaces clause 267 of the EPBC
Bill with a simplified outline of the Division. Clause 267 of the EPBC Bill is
replaced by new provisions. See clauses 280 and 282.
162.
The Minister must use his or her powers to ensure that a
recovery plan is always in force for a listed threatened species (other than
extinct or conservation dependent species) and a listed threatened ecological
community once the initial recovery plan for that species or community has come
into force. Clause 273 of the EPBC Bill sets out the timetable for
establishing the initial plans.
163. The Minister is empowered to make a recovery
plan for any listed threatened species or community, or to adopt a State or
Territory plan.
164. Where a listed threatened species or ecological
community occurs wholly or partly outside a Commonwealth area, the Minister
must seek to make a recovery plan for that species or community jointly with
the relevant States(s) and/or Territory(ies). If this is not reasonably
practical, the Commonwealth may make a recovery plan without State or Territory
cooperation.
166.
This amendment deletes a provision which is redundant
(because wildlife conservation plans cannot be made for listed migratory
species, listed marine species, or cetaceans which are also listed threatened
species).
167.
This amendment requires the Minister, when making a
recovery plan, to have regard to the role and interests of indigenous people in
conserving Australia's biodiversity.
168.
This amendment inserts a new clause providing that the
Minister must decide to have a threat abatement plan for a listed key
threatening process if he or she believes that such a course of action is a
feasible, effective and efficient way to abate the threatening process. If the
Minister decides to have a plan, the amendment effected by clause 291 requires
that the plan be made and in force within 3 years.
169. The Minister must consider whether to have a
threat abatement plan within 90 days of the key threatening process being
listed. If the Minister decides not the have a plan for that threatening
process, the decision must be reviewed at least every five years. When making
a decision, the Minister must request and consider advice from the Scientific
Committee and provide reasonable opportunity for any affected Commonwealth
agency, State or Territory, or State or Territory agency to comment. Decisions
and reasons must be published.
170. The Minister may also decide that a plan is no
longer feasible, effective and efficient. This decision will lead to a plan
being revoked (see clause 296) or in a new plan not being made when a plan
expires.
171.
This amendment sets out the process for preparing a threat
abatement plan if the Minister decides to have one.
172. The Minister is empowered to make a threat
abatement plan for any listed key threatening process, or to adopt a State or
Territory plan.
173. Where a listed key threatening process occurs
wholly or partly outside a Commonwealth area, the Minister must seek to make a
recovery plan for that species or community jointly with the relevant States(s)
and/or Territory(ies). If this is not reasonably practical, the Commonwealth
may make a threat abatement plan without State or Territory cooperation.
174.
This amendment requires that when making a threat abatement
plan the Minister must have regard to the role and interests of indigenous
people in conserving Australia's biodiversity.
176.
This amendment inserts a new subclause providing that a
recovery plan or a threat abatement plan comes into force on the day on which
it is made or adopted, or on a later day specified by the Minister.
179.
This amendment provides that a recovery plan for a listed
threatened species or ecological community that occurs only in a Commonwealth
area must be made as soon as practicable after the species or community is
listed.
180. This amendment also provides that once the
Minister decides to have a threat abatement plan for a listed key threatening
process, the plan must be made within 3 years, and the Minister must ensure
that a plan is in place for as long as he or she considers the plan a feasible,
effective and efficient way to abate the threatening process.
182.
This amendment inserts a new subclause empowering the
Minister to revoke a threat abatement plan if he or she considers that it is no
longer a feasible effective and efficient way to abate the threatening process.
183.
These amendments provide that the Minister may prepare a
wildlife conservation plan for a conservation dependent species. Note that a
recovery plan may not be prepared for a conservation dependent species.
186.
This amendment requires that, when making a wildlife
conservation plan, the Minister must have regard to the role and interests of
indigenous people in conserving Australia's biodiversity.
189.
This amendment clarifies that recovery plans, threat
abatement plans and wildlife conservation plans do not exclude or limit the
concurrent operation of a law of a State or Territory.
194.
This amendment provides that a conservation agreement must
not cover all or part of a Commonwealth reserve. In addition, the Minister may
enter into a conservation agreement with indigenous people or bodies acting on
their behalf. In doing so the Minister must take account of specified articles
of the Biodiversity Convention and objective 1.8.2 of the National Strategy for
the Conservation of Australia's Biodiversity.
196.
This amendment clarifies the circumstances under which the
Minister may decide not to publish all or part of a conservation agreement.
The grounds for such a decision are that disclosure of the information may
result in harm being done to components of biodiversity, or commercial in
confidence. The Minister can only decide that information is commercial in
confidence if a person can demonstrate certain things, which are set out in
sub-clause 309(5) of the amended EPBC Bill.
197. These amendments will make it mandatory rather
than optional to prepare Australian World Heritage Management Principles,
Australian Ramsar Management Principles, Australian Biosphere Reserve
Management Principles, and Australian IUCN Management Principles. These
amendments either effect these changes or are consequential to them.
198. Clause 481 inserts provisions to create the
statutory office of Director of National Parks. These clauses make
consequential changes, which recognise the fact that the responsibility for
managing Commonwealth reserves will lie with the Director rather than the
Secretary.
200.
This amendment requires the Minister to consider a report
prepared by the Secretary under clause 351 of the EPBC before the Governor
General makes a proclamation which changes the purpose for which a reserve in
the Kakadu region is declared.
201.
This amendment expands the range of activities which may
not be carried out in a Commonwealth reserve except in accordance with a
management plan. It also provides for a civil penalty of 500 penalty units for
an individual and 5000 penalty units for a body corporate. This amendment is a
better reflection of the needs of contemporary Park management.
202.
These amendments provide that clauses in the EPBC Bill
dealing with activities in Commonwealth reserves are subject to the
Antarctic Treaty (Environment Protection) Act 1980. The words deleted
by these items are redundant.
203.
This amendment provides that the Director may set charges
for the use of services or facilities provided in, or in connection with, a
conservation zone.
204.
These amendment provide that usage rights in relation to
land and seabed will not be affected by the provisions of Division 4 of Part 15
of the Bill.
205.
Provisions of Division 4 of Part 15 of the EPBC Bill, and
regulations made under them, do not prevent indigenous people from continuing
lawful use of a Commonwealth reserve for hunting, foodgathering, or ceremonial
and religious purposes, except where regulations are made to conserve
biodiversity and explicitly state that traditional uses are affected.
207.
These amendment set a time limit of 60 days for the
Minister to consider a plan of management for a Commonwealth reserve and
provide that he or she must (rather than may) either approve the plan or return
it to the Director with suggestions. (See notes on clauses 324A etc on the
re-establishment of the statutory office of the Director.)
210.
The Minister may terminate a person's appointment to the
Board for a Commonwealth reserve for conduct that is against the interests of
the Board as a whole, but not if that person is a nominee of the traditional
owners.
211.
This amendment confirms that a meeting of a Board for a
Commonwealth reserve consisting wholly of indigenous people's land can only
begin and continue while a majority of members present are nominees of the
traditional owners.
212.
Subclause 377(5) of the EPBC Bill provides that the
Minister must appoint to the Board of a Commonwealth reserve in a State or
Territory a person nominated by that State or Territory. This amendment
provides that, in the case of a person nominated by the Northern Territory, the
members of the Board nominated by the traditional owners must consent to the
appointment. However, the appointment may be made if the Commonwealth
Ombudsman is satisfied that consent is unreasonably withheld.
213.
This amendment inserts a new division providing that the
Governor General may proclaim a Commonwealth area outside a Commonwealth
reserve to be a conservation zone. The intention of this provision is to
protect biodiversity, other natural features and heritage in Commonwealth areas
while the area is assessed for inclusion in a Commonwealth reserve.
214. Activities in conservation zones may be
controlled by regulation. Regulation making powers for conservation zones are
set out in proposed new sections 390E and 390G.
215. Prior usage rights in conservation zones
continue to have effect but may be renewed or extended only with the Minister's
consent and subject to any conditions determined by the Minister.
217.
This amendment provides that a person who is appointed as
an authorised person under clause 393(3) of the EPBC Bill may not exercise
powers and functions under the Act or regulations in a Commonwealth reserve of
conservation zone. This amendment prevents the Secretary from delegating powers
that properly belong to the Director. Note that clauses 448 and 482 allow the
Director to delegate powers to employees of a Commonwealth department.
220.
This amendment extends the circumstances under which the
Minister may require an environmental audit to include cases where he or she
believes or suspects on reasonable grounds that the impacts of an authorised
action are greater than anticipated when the action was assessed.
221.
This amendment makes subclause 466(3) of the EPBC Bill
consistent with subclause 466(4) of the EPBC Bill by referring to listed
threatened species and ecological communities.
223.
This amendment sets out rules that must be observed in
cases where the same action is potentially a breach of both civil and offence
(criminal) provisions of the EPBC Bill.
225.
This amendment will make it an offence, punishable by a
fine of up to 30 penalty units, to negligently provide false or misleading
information in response to a requirement or request under Part 7,8,9 or 13 of
the EPBC Bill.
226.
This amendment provides that under certain circumstances
the executive officer of a body corporate may be guilty of an offence if the
body corporate commits and offence against Part 3 or clause 142 of the EPBC
Bill.
228.
This amendment inserts a new division providing immunity
from prosecution to authorised officers performing their duties, and persons
requested to assist in the exercise or purported exercise of the authorised
officer's duties, provided they act in good faith.
232.
This amendment continues the statutory office of the
Director of National Parks and Wildlife, that existed under the National
Parks and Wildlife Conservation Act 1975, under the EPBC Bill as the
Director of National Parks.
233. This amendment also sets out the functions and
powers of the Director, and requirements as to how they must be exercised.
234. This amendment also sets out the constitution of
the Director, how the director is to be appointed, and the terms and conditions
of appointment.
235. The Australian National Parks and Wildlife Fund
also continues in existence under the EPBC, under the name of the Australian
National Parks Fund, and continues to be vested in the Director. The amendment
sets out rules for the use and administration of the Fund.
238.
This amendment provides that the Secretary is not required
to cover the operation of Divisions 4 and 5 of Part 15 of the EPBC Bill (which
deal with managing Commonwealth reserves) in his or her annual report on the
operation of the Act).
239.
This amendment inserts a new clause providing that
Commonwealth bodies will be required to report annually on how their activities
accord with the principles of ecologically sustainable development. The
Auditor General may conduct a performance audit on compliance with these
requirements.
Clause 486
240. This amendment inserts a new division requiring
the Minister to produce a State of the Environment Report every five years,
with the first report due by 31 December 2001.
242.
This amendment inserts a new clause requiring that the
operation of the Act be independently reviewed at least every ten years to
ensure that its objectives are being met.
243.
This amendment inserts a new clause providing that an
action that has been specifically authorised by an approval under a law of the
Commonwealth, a State or a Territory before the commencement of the EPBC Bill
does not require approval under the EPBC Bill, provided no further approvals
are necessary in order for the action to be taken lawfully. This amendment
allows for actions which have obtained approval under relevant laws before
commencement of the EPBC Bill, but are not covered by the transitional
provisions of the Environment Reform (Consequential Provisions) Bill 1998.
244.
This amendment clarified that providing funding is not an
action. However, an action for which funding is provided will require approval
if it triggers a provision of Part 3 of the EPBC Bill.
245.
This amendment inserts a new clause providing that
regulations may set out matters to be considered in determining whether the
impact an action has, will have, or is likely to have, on a matter protected by
Part 3 is significant.