Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

STOP DUMPING ON THE GREAT BARRIER REEF BILL 2014

                          2013-2014




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                        THE SENATE




      Stop Dumping on the Great Barrier Reef Bill 2014




             EXPLANATORY MEMORANDUM




          (Circulated by authority of Senator Waters)
                     Stop Dumping on the Great Barrier Reef Bill 2014



Outline

The Stop Dumping on the Great Barrier Reef Bill 2014 bans new offshore dumping of dredge
spoil in the Great Barrier Reef World Heritage Area and ensures that dumping which has
been approved at Abbot Point cannot proceed.



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 after it receives Royal Assent.

Clause 3 - Schedule
This provision gives effect to the amendments set out in Schedule 1 to the Bill.


Schedule 1 - Dumping dredged material in Great Barrier Reef World Heritage Area
Item 1
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 a
defendant can reasonably be expected, because of his or her professional involvement in the
dredging industry, to know the requirements of the law and the location of the Great Barrier
Reef World Heritage Area.
Sub-section 10AA (3) sets out that no permit can be given to allow dumping of dredged
material within the Great Barrier Reef World Heritage Area. Any such permit in force ceases
to have effect (subject to the application provision in item 4).
Sub-section 10AA (4) provides that certain provisions in the Environment Protection (Sea
Dumping) Act 1981 which allow some dumping related to the exploitation of seabed

                                                                                                  2
minerals, do not apply to the dumping of dredged material in the Reef. Sub-section (4) also
provides that the Reef cannot be exempted from the provisions inserted by this Bill by
declaration by a State government. Sub-section (4) also makes technical modifications of the
permit system to ensure that the Reef is protected from dumping.
Sub-section 10AA (5) clarifies that other provisions of the Act do apply to dumping of
dredged material in the Reef.
Item 3
Sub-section 10CA (1) 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 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. Any such
permit in force ceases to have effect (subject to the application provision in item 4).
Sub-section 10CA (3) provides that certain provisions in the Environment Protection (Sea
Dumping) Act 1981 which allow some dumping related to the exploitation of seabed
minerals, do not apply to the dumping of dredged material in the Great Barrier Reef. Sub-
section (3) also provides that the Great Barrier Reef cannot be exempted from the provisions
inserted by this Bill by declaration by a State government. Sub-section (3) also makes
technical amendments to the permit system to ensure that the Great Barrier Reef is protected
from dumping.
Sub-section 10CA (4) clarifies that other provisions of the Act do apply to dumping of
dredged material in the Great Barrier Reef.
Item 4
This item prevents the amendments applying retrospectively in cases where a permit or
approval was given for the activities prohibited by this Schedule on or before 9 December
2013. However, this provision makes sure that the dumping approved at Abbot Point on 10
December 2013, or any other offshore dumping approved after 9 December 2013, cannot
proceed.




                                                                                               3
                  Statement of Compatibility with Human Rights
    Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011


                       Stop Dumping on the Great Barrier Reef 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 (Sea Dumping) Act 1981 to prohibit the dumping of
dredge spoil within the Great Barrier Reef World Heritage Area.


Human rights implications
This Bill is confined solely to regulating the disposal of dredged material in an area where it
may impact the world heritage properties of the Great Barrier Reef. 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




                                                                                                       4

[Index] [Search] [Download] [Bill] [Help]