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1998-9
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
SENATE
ENVIRONMENTAL
REFORM (CONSEQUENTIAL PROVISIONS)
BILL
1998
SUPPLEMENTARY EXPLANATORY
MEMORANDUM
Amendments and New
Clauses to be Moved on Behalf of
the
Government
(Circulated by
authority of the Minister for the Environment and Heritage,
Senator the Hon. Robert
Hill)
ISBN: 0642 405131
ENVIRONMENTAL REFORM (CONSEQUENTIAL PROVISIONS)
NOTES ON AMENDMENTS AND NEW CLAUSES
TO BE
MOVED ON BEHALF OF THE
GOVERNMENT
1. Amendments to the Environment Reform (Consequential
Provisions) Bill 1998 (Consequential Provisions Bill) effected by clause 58 will
amend the Corporate Law Economic Reform Act 1999 and the Public
Service Act 1999. This amendment provides that those provisions will not
commence until the Corporate Law Economic Reform Act 1999 or Public
Service Act 1999 commence, whichever is relevant.
2. These are technical corrections.
3. This amendment takes account of altered clause
references as a result of amendments to the Environment Protection and
Biodiversity Conservation Bill (EPBC Bill).
4. This amendment provides that a management plan for a
Park was given to the Minister under the National Parks and Wildlife
Conservation Act 1975 immediately before the commencement of the new Act, it
is considered to have been given to the Minister under the new Act on the day
that the new Act commences.
5. This amendment takes account of the amendment to the
EPBC Bill which allows Board members nominated by traditional owners to withhold
consent to the appointment to the Board of a person nominated by the Northern
Territory (see notes on clause 445). Deadlines for the Minister to appoint a
person nominated by the Northern Territory to a Board are adjusted accordingly.
6. This amendment deletes a clause from the Environment
Reform (Consequential Provisions) Bill 1998 (Consequential Provisions Bill).
The deleted clause is redundant because the statutory office of the Director
will be retained, and the assets will remain with the Director.
7. This amendment continues the operation of
conservation zones proclaimed under the National Parks and Wildlife
Conservation Act 1975 as if they had been proclaimed as conservation zones
under the proposed new Environment Protection and Biodiversity Conservation
Act.
8. This amendment takes account of altered clause
references as a result of amendments to the EPBC Bill.
9. This amendment inserts explanatory
notes.
10. These amendments take account of the fact that the
statutory office of the Director will not be abolished. Clauses of the
Consequential Provisions Bill which remove reference to the Director are
therefore either deleted, or amended so that they insert new definitions based
on the EPBC Bill into the relevant
Acts.
Clauses 21, 36, and
52.
11. These amendments take account of the
fact that, as a result of amendments, it will be possible to proclaim
conservation zones under the EPBC Bill, using similar provisions to those under
the National Parks and Wildlife Conservation Act 1975. It is therefore
unnecessary to remove reference to conservation zones in relevant Acts, although
in some references to the National Parks and Wildlife Conservation Act
1975 must be replaced with references to the proposed new Environment
Protection and Biodiversity Conservation Act.
12. This amendment is consequential to the amendments
effected by clauses 24 and 25.
13. This amendment takes account of amendments to the
EPBC Bill which create additional offences.
14. These amendments to the Consequential Provisions
Bill will have the effect of amending the EPBC Bill on commencement of the
Corporate Law Economic Reform Act 1999 and the Public Service Act
1999.