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THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Moratorium on New Coal, Gas and Oil Bill 2022
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Adam Bandt MP
Moratorium on New Coal, Gas and Oil Bill 2022
OUTLINE
The extraction and burning of fossil fuels in Australia and overseas is the leading cause of
climate change, and Australia is the world's third largest exporter of fossil fuel pollution,
behind only Russia and Saudi Arabia.
Climate change is already causing significant damage to Australia and around the world.
The world's scientists have made clear that catastrophic climate change will only be
prevented if we rapidly phase out fossil fuels and do not open new fossil fuel projects. It is
critical that the Commonwealth take urgent action to stop all new coal, gas and oil projects.
Moreover, alternative sources of domestic energy supply already exist in renewables
supported by battery technology and electrification, and the renewables export industry
provides many opportunities to replace Australia's fossil fuel exports.
This Bill will prevent the extraction, processing (including refining), transporting and
exporting coal, gas and oil by:
- Prohibiting the environmental approval of new coal, gas and oil projects from the date
of Royal Assent;
- Revoking the environmental approvals of coal, gas and oil projects for those projects
that have already received it, but not yet begun the action that was covered by the
approval;
- Prohibiting new petroleum exploration permits being granted or renewed in
Commonwealth waters, and cancelling all current petroleum exploration permits;
- Prohibiting new petroleum production licences being granted or renewed in
Commonwealth waters, and cancelling all current petroleum production licences
where petroleum recovery operations have not yet begun
FINANCIAL IMPACT
The bill will have no financial impact.
Clause 1: Short Title
1. This clause provides for the Act to be cited as the Moratorium on New Coal, Gas and Oil Bill 2022.
Clause 2: Commencement
2. This clause provides for the whole of this Act to commence the day after it receives Royal Assent.
Clause 3: Schedules
3. This clause gives effect to the Schedules. It provides that legislation that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other
item in a Schedule to this Act has effect according to its terms.
Schedule 1--Amendments
Environment Protection and Biodiversity Conservation Act 1999
Item 1: At the end of Subdivision B of Division 1 of Part 9
Inserts into section 141 a provision prohibiting the Minister from approving any project
consisting of or involving the construction or operation of coal, gas or oil infrastructure.
For projects that have already received approval from the Minister and have not commenced
the operation for which they were approved, the approval is revoked and the Minister is
prohibited from reinstating it. If construction has commenced on aspects of the project but
the project has not started operating, then the project may not proceed. The Minister must
also not extend the approval period.
Item 2: Section 528
Inserts the definition of coal, gas or oil infrastructure established in Item 1 of this Bill.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
Item 3: At the end of Division 1 of Part 2.2
Inserts into Section 103A a prohibition on new petroleum exploration permits being granted
or renewed under the OPGGS Act, and cancels already approved permits.
Item 4: At the end of Division 1 of Part 2.4
Inserts into Section 167A a prohibition on new petroleum production licences being granted
or renewed under the OPGGS Act, and cancels already approved permits where petroleum
recovery operations have not yet begun.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Moratorium on New Coal, Gas and Oil Bill 2022
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
The extraction and burning of fossil fuels in Australia and overseas is the leading cause of
climate change, and Australia is the world's third largest exporter of fossil fuel pollution,
behind only Russia and Saudi Arabia.
Climate change is already causing significant damage to Australia and around the world.
The world's scientists have made clear that catastrophic climate change will only be
prevented if we rapidly phase out fossil fuels and do not open new fossil fuel projects. It is
critical that the Commonwealth take urgent action to stop all new coal, gas and oil projects.
Moreover, alternative sources of domestic energy supply already exist in renewables
supported by battery technology, and the renewables export industry could also easily
replace Australia's fossil fuel exports.
This Bill will prevent the extraction, processing (including refining), transporting and
exporting coal, gas and oil by:
- Prohibiting the environmental approval of new coal, gas and oil projects from the date
of Royal Assent;
- Revoking the environmental approvals of coal, gas and oil projects for those projects
that have already received it, but not yet begun the action that was covered by the
approval;
- Prohibiting new petroleum exploration permits being granted or renewed in
Commonwealth waters, and cancelling all current petroleum exploration permits
Prohibiting new petroleum production licences being granted or renewed in
Commonwealth waters, and cancelling all current petroleum production licences where
petroleum recovery operations have not yet begun
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Conclusion
This bill is compatible with human rights because it does not raise any human rights issues
other than promoting safety and security of human life by minimising climate damage.