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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Great Barrier Reef Legislation Amendment Bill 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Waters)
Great Barrier Reef Legislation Amendment Bill 2014
Outline
The Great Barrier Reef Legislation Amendment Bill 2014 implements in our national
environment laws key recommendations that the World Heritage Committee has made to
ensure the Great Barrier Reef does not get added to the "world heritage in danger" list. It also
prohibits the approval after 31 December 2013 of any dumping of port dredge spoil within
the Great Barrier Reef World Heritage Area.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 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 - Schedules
This provision gives effect to the amendments set out in Schedule 1 and Schedule 2 to the
Bill.
Schedule 1 - Developments impacting the Great Barrier Reef World Heritage Area
Item 1
Section 24CA prohibits development of new ports outside existing port areas along the Great
Barrier Reef coastline. It also prohibits development of new ports in a number of designated
locations identified by the World Heritage Committee and UNESCO's reactive monitoring
mission, as areas that need to be protected from industrial developments to ensure the
integrity of the Great Barrier Reef World Heritage Area. This section implements critical
requests from the World Heritage Committee contained in recommendation 5 of its Decision
36 COM 7B.B, made in June 2012, and reflects findings of UNESCO's reactive monitoring
mission's report.
Section 24CB prohibits development within existing port areas along the Great Barrier Reef
coastline, where these developments would individually or cumulatively have an impact on
the world heritage values of the Great Barrier Reef. This implements Recommendation 5 of
the World Heritage Committee's decision of June 2012 (Decision 36 COM 7B.B).
Section 24CC implements a moratorium from 13 February 2014 on approval of all
developments impacting the Great Barrier Reef World Heritage Area until the strategic
assessment is completed and has been deemed adequate by the World Heritage Committee.
This implements Recommendation 2 of the UNESCO reactive monitoring mission, which the
World Heritage Committee has requested the Australian Government address (per WHC
Recommendation 4 of Decision 36 COM 7B.B).
Section 24CD prohibits approval of any developments that do not deliver a net benefit for the
Great Barrier Reef World Heritage Area. This puts in place a methodology for implementing
part of the World Heritage Committee's Recommendation 8 (Decision 36 COM 7B.B), which
calls on the Government to ensure that developments affecting the Great Barrier Reef
demonstrate an overall net benefit to the protection of the Reef's Outstanding Universal
Value.
Item 2
Inserts a definition of Great Barrier Reef World Heritage Area into the Environment
Protection and Biodiversity Conservation Act 1999.
Schedule 2 - Dumping dredged material in the Great Barrier Reef World Heritage
Area
Item 1
Inserts a definition of Great Barrier Reef World Heritage Area into the Environment
Protection (Sea Dumping) Act 1981.
Item 2
Sub-section 10AA (1) establishes that is it an offence to dump dredged material within the
Great Barrier Reef World Heritage Area, which attracts a maximum penalty of 250 penalty
units or imprisonment for 12 months or both.
It is appropriate that strict liability apply to the Great Barrier Reef element of the offence as it
may be difficult to prove that a person knew they were in the Great Barrier Reef (or were
reckless to that fact) making the offence difficult to prosecute and accordingly undermining
the deterrent effect of the provisions. The application of strict liability is also justifiable on
the basis that a defendant can reasonably be expected, because of his or her professional
involvement in the dredging industry, to know the requirements of the law.
Sub-section 10AA (3) sets out that, subject to item 4, no permit can be given to allow
dumping of dredged material within the Great Barrier Reef World Heritage Area.
Sub-section 10AA (4) provides that certain provisions in the Environment Protection (Sea
Dumping) Act 1981 do not apply to the dumping of dredged material, while sub-section (5)
applies other provisions of the Act to dumping of dredged material.
Item 3
Sub-section 10CA establishes that is it an offence to load dredged materials, onto a vessel or
platform, where the person knows (or is reckless with regard to the fact) that that material is
to be dumped within the Great Barrier Reef World Heritage Area. This offence attracts a
maximum penalty of 250 penalty units or imprisonment for 12 months or both.
Sub-section 10CA (2) sets out that, subject to item 4, no permit can be given to allow the
loading of dredged materials that are to be dumped within the Great Barrier Reef World
Heritage Area.
Sub-section 10CA (3) provides that certain provisions in the Environment Protection (Sea
Dumping) Act 1981 do not apply to the dumping of dredged material, while sub-section (4)
confirms that other provisions of the Act apply to loading of dredged materials.
Item 4
This item applies retrospectively so that no permits or approval could be given for the
activities prohibited by this Schedule after 31 December 2013.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Great Barrier Reef Legislation Amendment Bill 2014
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 implement
in our national environment laws key recommendations of the World Heritage Committee has
made to ensure the Great Barrier Reef does not get added to the "world heritage in danger" list,
and it amends the Environment Protection (Sea Dumping) Act 1981 to prohibit dumping of dredge
spoil within the Great Barrier Reef World Heritage Area.
Human rights implications
This Bill is confined solely to changing how major ports and other industrial developments which
would impact the world heritage values of the Great Barrier Reef are regulated under our national
environment laws. 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