AVOIDING DANGEROUS CLIMATE CHANGE (KYOTO PROTOCOL RATIFICATION) BILL 2005

Avoiding Dangerous Climate Change (Kyoto Protocol Ratification) Bill 2005 i

Contents

Part 1--Preliminary

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

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

3 Object of the Act..................................................................................... 1

4 Definitions.............................................................................................. 1

5 This Act binds the Crown........................................................................ 2

Part 2--Ratification and implementation

6 Ratification ............................................................................................. 2

7 National Climate Change Action Plan ..................................................... 2

8 The Kyoto Target .................................................................................... 2

9 Annual Greenhouse Gas Inventory and National Communication............. 2

10 Framework for involvement in international trading schemes................. 3

Avoiding Dangerous Climate Change (Kyoto Protocol Ratification) Bill 2005

A Bill for an Act to ratify the Kyoto Protocol to the

United Nations Framework Convention on Climate

Change

Part 1--Preliminary

1 Short title

This Act may be cited as the Avoiding Dangerous Climate Change

(Kyoto Protocol Ratification) Act 2005.

2 Commencement

This Act commences 30 days after the day on which it receives the

Royal Assent.

3 Object of the Act

The object of this act is to enable Australia to meet its international

obligations under the Convention and the Protocol.

4 Definitions

In this Act, unless the contrary intention appears:

commitment period means the period from 1 January 2008 to 31

December 2012 (inclusive).

Conference of the Parties means the Conference of the Parties to

the Convention.

Convention means the United Nations Framework Convention on

Climate Change adopted at New York on 9 May 1992.

Montreal Protocol means the Montreal Protocol on Substances that

Deplete the Ozone Layer, adopted in Montreal on 16 September

1987 and subsequently adjusted and amended.

2 Avoiding Dangerous Climate Change (Kyoto Protocol

Ratification) Bill 2005

Protocol means the Protocol to the United Nations Framework

Convention on Climate Change adopted at Kyoto on 11 December

1997.

the Minister means the Minister for the Environment.

5 This Act binds the Crown

This Act binds the Crown in each of its capacities.

Part 2--Ratification and implementation

6 Ratification

The Government of the Commonwealth of Australia must deposit its

instrument of ratification of the Kyoto Protocol with the United

Nations within 60 days of the commencement of the Act.

7 National Climate Change Action Plan

In order to achieve Australia's quantified emission limitation and

reduction commitments under Article 3 of the Protocol, the Minister

must prepare a National Climate Change Action Plan, setting out a

detailed implementation strategy to meet Australia's obligations

under Article 2 of the Protocol.

8 The Kyoto Target

The Minister must ensure that Australia's aggregate human induced

carbon dioxide equivalent emissions of greenhouse gases listed in

Annex A of the Protocol in the first Commitment period, from 2008

to 2012, do not exceed its assigned amount of 108% of 1990 levels

inscribed in Annex B of the Protocol.

9 Annual Greenhouse Gas Inventory and National Communication

(1) The Minister must establish a national system for estimation of

human induced emissions by sources and human induced removal

by sinks of all greenhouse gases not controlled by the Montreal

Avoiding Dangerous Climate Change (Kyoto Protocol Ratification) Bill 2005

Protocol in accordance with Australia's obligations under Article 5

of the Protocol and accepted by the Intergovernmental Panel on

Climate Change.

(2) The Minister must publish its annual inventory of greenhouse gas

emissions in accordance with Australia's obligations under Article 7

of the Protocol and submit it for review by expert review teams

pursuant to the relevant decisions of the Conference of Parties as set

out in Article 8 of the Protocol.

(3) The Minister must also submit a National Communication in

accordance with the provisions under Article 7 and subject to

subsequent decisions by the Conference of the Parties.

10 Framework for involvement in international trading schemes

(1) The Minister must develop a mechanism to allow for the

international transfer in emission reduction units including:

(a) the transfer or acquisition of units from or to other Parties to

the Protocol that result from projects aimed at reducing

human induced emissions by sources or enhancing human

induced removals by sinks of greenhouse gases; and

(b) the transfer of emission reduction units under the clean

development mechanisms.

(2) In doing so, the Minister must establish a registry of emission units

in order to:

(a) ensure, for the first and subsequent commitment periods, the

accurate accounting of:

(i) the issue, holding, acquisition, transfer, retirement, and

cancellation of emission reduction units; and

(ii) the carry-over of assigned amount units, certified

emission reduction units, and emission reduction units;

and

(b) ensure, in accordance with Article 7.4 of the Protocol, the

accurate, transparent, and efficient exchange of information

between the Registry and overseas registries.

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Commonwealth of Australia Bills

AVOIDING DANGEROUS CLIMATE CHANGE (KYOTO PROTOCOL RATIFICATION) BILL 2005