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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Environment Protection and Biodiversity Conservation Amendment (Retaining
Federal Approval Powers) Bill 2012
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Waters)
Environment Protection and Biodiversity Conservation Amendment (Retaining
Federal Approval Powers) Bill 2012
Outline
The Environment Protection and Biodiversity Conservation Amendment
(Retaining Federal Approval Powers) Bill 2012 prevents the Commonwealth
from handing responsibility for approving proposed actions that
significantly impact matters protected under the EPBC Act to a State or
Territory.
NOTES ON CLAUSES
Part 1 - Preliminary
Clauses 1
This is a formal provision specifying the short title.
Clause 2 - Commencement
This provision sets out that the Act will commence on the day it receives
Royal Assent.
Clause 3 - Schedule
This provision gives effect to the amendments set out in Schedule 1 to the
Bill.
Schedule 1 - Amendments
Item 1
This is a consequential amendment to reflect the change in the definition
of 'bilateral agreements' (made by Item 4).
Item 2
This item removes bilateral agreements from the list of cases set out in
Part 4 where environmental approvals under the EPBC Act are not needed.
Item 3
This item amends the objects of bilateral agreements to reflect the change
in the definition of 'bilateral agreements' (made by Item 4) so that the
objects set out what is to be delivered through assessment bilaterals only
(not approvals bilaterals agreements).
Item 4
This item amends the definition of bilateral agreement to restrict
bilateral agreements to cover environmental assessment processes only - not
environmental approvals under the EPBC Act.
Item 5
This item deletes section 46, thus removing the ability for a bilateral
agreement to declare actions that do not need approval under Part 9
(Approval of action) of the EPBC Act.
Items 6-36
These are consequential amendments to reflect that bilateral agreements can
no longer declare that certain actions do not need approval under Part 9
(Approval of action) of the EPBC Act.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation Amendment (Retaining
Federal Approval Powers) Bill 2012
This Bill is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human
Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
This Bill amends the Environment Protection and Biodiversity Conservation
Act 1999 to prevent the Commonwealth from handing responsibility for
approving proposed actions that significantly impact matters protected
under the EPBC Act to a State or Territory.
Human rights implications
This bill is confined solely to preventing the Commonwealth from
handing its responsibilities for approving proposed actions that
significantly impact matters protected under our national
environment laws, the Environment Protection and Biodiversity
Conservation Act 1999, to a State or Territory. The bill does not
engage any human rights in a positive or negative manner.
Conclusion
The Bill is compliant with the Human Rights (Parliamentary Scrutiny) Act
2011.
Senator Larissa Waters