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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Environmental
Legislation Amendment Bill (No. 2)
2001
No. ,
2001
(Environment and
Heritage)
A Bill for an Act to amend
legislation relating to the environment, and for related purposes
ISBN: 0642 459800
Contents
Environment Protection (Sea Dumping) Act
1981 7
Fuel Quality Standards Act
2000 7
Ozone Protection Act
1989 12
A Bill for an Act to amend legislation relating to the
environment, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Environmental Legislation Amendment Act
(No. 2) 2001.
(1) Sections 1, 2 and 3 and items 1, 4, 5, 6, 7 and 14 of
Schedule 2 commence on the day on which this Act receives the Royal
Assent.
(2) Section 4 and Schedule 1 commence on the 28th day after the
day on which this Act receives the Royal Assent.
(3) Items 2, 3 and 8 to 13 of Schedule 2 commence as
follows:
(a) if Parts 4 to 10 of the Administrative Review Tribunal Act
2001 have not commenced before the day on which this Act receives the Royal
Assent:
(i) items 2, 8, 10 and 11 of Schedule 2 commence on the day on
which this Act receives the Royal Assent; and
(ii) items 3, 9, 12 and 13 of Schedule 2 commence immediately
after the commencement of Parts 4 to 10 of the Administrative Review
Tribunal Act 2001;
(b) otherwise—items 2, 3 and 8 to 13 of Schedule 2 never
commence.
Subject to section 2, each Act 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this Act is amended or repealed as set out in the applicable items in the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.
The amendment made by item 8 of Schedule 1 applies in relation
to orders made after the commencement of that item.
1 Section 4 (paragraph (b) of the
definition of hazardous waste)
Repeal the paragraph, substitute:
(b) wastes covered by paragraph 1(a) of Article 1 of the Basel Convention;
or
2 Section 4 (paragraph (d) of the
definition of hazardous waste)
Repeal the paragraph, substitute:
(d) residues arising from the incineration of household waste;
but does not include wastes covered by paragraph 4 of Article 1 of the
Basel Convention.
3 Subsection 13C(2)
Repeal the subsection, substitute:
(2) Regulations made for the purposes of this section may be expressed to
take effect on the day the arrangement or amendment enters into force, or comes
into effect, for Australia (but must not be expressed to take effect before
then).
(2A) As soon as practicable after the arrangement or amendment enters into
force, or comes into effect, for Australia, the Minister must publish a notice
in the Gazette giving details of that fact.
4 At the end of
section 34
Add:
(4) An order under this section may also require the person to give the
Minister (by a specified time and in a specified manner) specified information
relating to the dealing with the waste.
5 At the end of
section 35
Add:
(4) An order under this section may also require the person to give the
Minister (by a specified time and in a specified manner) specified information
relating to the dealing with the waste.
6 At the end of
section 35A
Add:
(4) An order under this section may also require the person to give the
Minister (by a specified time and in a specified manner) specified information
relating to the dealing with the waste.
7 At the end of
section 38
Add:
(5) An order under this section may also require the person to give the
Minister (by a specified time and in a specified manner) specified information
relating to the dealing with the waste.
8 After section 38
Insert:
If an order under this Part requires a person to do a thing by a
specified time, then that time must be reasonable having regard to the
circumstances.
Offence: failure to deal with waste
(1) A person is guilty of an offence if:
(a) the person has been given an order under section 34, 35 or 35A
requiring the person to deal with waste in a specified way and by a specified
time; and
(b) the person contravenes that requirement.
Penalty:
(a) if the offender is an individual—imprisonment for a term not
exceeding 2 years; or
(b) if the offender is a body corporate—a fine not exceeding 2,500
penalty units.
Offence: failure to give information
(2) If:
(a) a person has been given an order under this Part requiring the person
to give the Minister specified information by a specified time and in a
specified manner; and
(b) the
person contravenes that requirement;
the person is guilty of an offence punishable, on conviction, by a fine not
exceeding 30 penalty units.
9 Part 4 (heading)
Repeal the heading, substitute:
10 After section 40A
Insert:
A person is guilty of an offence if:
(a) the person sells hazardous waste to a body corporate incorporated
outside Australia (whether the sale occurs within or outside Australia);
and
(b) the body corporate does not have a registered office or a principal
office in Australia; and
(c) the person sells the waste knowing, or being reckless as to whether,
the waste is to be exported by the body corporate; and
(d) an export permit authorising the export of the waste is not in force
when the sale occurs.
Penalty:
(a) if the offender is an individual—imprisonment for a term not
exceeding 2 years; or
(b) if the offender is a body corporate—a fine not exceeding 2,500
penalty units.
11 Paragraph 40B(1)(a)
Omit “40 or 40A”, substitute “40, 40A or
40AA”.
12 Paragraph 40B(3)(a)
Omit “40 or 40A”, substitute “40, 40A or
40AA”.
13 Subsection 41(1)
Omit “40 or 40A”, substitute “40, 40A or
40AA”.
Environment Protection
(Sea Dumping) Act 1981
1 Subsection 19(4)
Omit “subsection (5) or (5A)”, substitute
“subsection (7)”.
Fuel Quality Standards Act
2000
2 Subsection 35(4)
Omit “Administrative Review Tribunal”, substitute
“Administrative Appeals Tribunal”.
3 Subsection 35(4)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
4 Section 37
After:
Divisions 3 to 7 deal with the powers and obligations of inspectors
and the rights and responsibilities of an occupier of premises when an inspector
seeks to exercise powers.
insert:
Division 7A deals with the analysis of samples taken under this Part
and the evidentiary value of certificates containing information about the
analysis of such samples.
5 At the end of subsection
41(1)
Add:
Note: See also Division 7A (about the dealing with
samples taken by an inspector and the evidentiary value of certificates
containing information about the analysis of such samples).
6 At the end of subsection
44(1)
Add:
Note: See also Division 7A (about the dealing with
samples taken by an inspector and the evidentiary value of certificates
containing information about the analysis of such samples).
7 After Division 7 of
Part 3
Insert:
(1) The regulations may prescribe procedures for dealing with samples of
any fuel, fuel additive or evidential material, taken by an inspector under this
Part.
Conducting of tests
(2) The regulations may provide for inspectors to arrange for tests to be
carried out on such samples by other persons.
Substantial compliance with some procedures is sufficient
(3) The regulations may provide that particular procedures (the
routine procedures) prescribed for the purposes of this section
need not be strictly complied with and substantial compliance is
sufficient.
(4) However, subsection (3) does not apply to procedures for ensuring
that a sample is not interfered with by anyone who is not authorised to do
so.
Effect of non-compliance with the procedures
(5) If:
(a) the routine procedures are not substantially complied with in relation
to a sample; or
(b) the other procedures are not strictly complied with in relation to a
sample;
then any certificate given under section 58B in relation to the sample
is of no effect.
Subsection (1) not limited
(6) Subsections (2) and (3) do not limit
subsection (1).
Proceedings to which section applies
(1) This section applies to any proceedings (offence
proceedings) for an offence against a provision of
Part 2.
Signing of certificate
(2) Subject to subsection (4), in any offence proceedings, a
certificate signed by any of the following persons:
(a) an accredited person;
(b) an authorised person in relation to an accredited
laboratory;
stating, in respect of a substance, any one or more of the
following:
(c) that the person who signed the certificate was an accredited person or
an authorised person in relation to an accredited laboratory (as the case may
be);
(d) when and from whom the substance was received;
(e) what, if any, labels or other means of identifying the substance
accompanied it when it was received;
(f) what container or containers the substance was contained in when it
was received;
(g) the state of the seals on the container or containers when the
substance was received;
(h) a description of the substance received;
(i) when the substance, or a portion of it, was analysed;
(j) a description of the method of analysis;
(k) the results of the analysis;
is admissible as prima facie evidence of the matters stated in the
certificate and of the correctness of the results of the analysis.
Document taken to be a certificate under subsection (2) unless
contrary intention established
(3) For the purposes of this section, a document purporting to be a
certificate referred to in subsection (2) is, unless the contrary intention
is established, taken to be such a certificate and to have been duly
given.
Certificate not to be admitted unless copy given to defendant 14 days
before certificate to be admitted in evidence
(4) A certificate must not be admitted in evidence under
subsection (2) in offence proceedings unless:
(a) the person charged with the offence; or
(b) a barrister or solicitor who has appeared for the person in those
proceedings;
has, at least 14 days before the certificate is sought to be so admitted,
been given a copy of the certificate together with reasonable evidence of the
intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give
evidence
(5) Subject to subsection (6), if, under subsection (2), a
certificate is admitted in evidence in offence proceedings, the person charged
with the offence may require the person who signed the certificate to be called
as a witness for the prosecution and cross-examined as if he or she had given
evidence of the matters stated in the certificate.
(6) Subsection (5) does not entitle the person charged to require the
person who signed the certificate to be called as a witness for the prosecution
unless:
(a) the prosecutor has been given at least 4 days notice of the
person’s intention to require the person who signed the certificate to be
so called; or
(b) the Court, by order, allows the person charged to require the person
who signed the certificate to be so called.
Evidence in support of rebuttal of matters in certificate to be
considered on its merits
(7) Any evidence given in support, or in rebuttal, of a matter stated in a
certificate given under subsection (2) must be considered on its merits and
the credibility and probative value of such evidence must be neither increased
nor diminished by reason of this section.
Interpretation
(8) In this section:
accredited laboratory means a laboratory or similar
undertaking that, under the regulations, is an accredited laboratory for the
purposes of this Act.
accredited person means a person that, under the regulations,
is an accredited person for the purposes of this Act.
authorised person, in relation to an accredited laboratory,
means a person that, under the regulations, is an authorised person in relation
to an accredited laboratory for the purposes of this Act.
(9) For the purposes of subsection (8):
(a) regulations made for the purposes of the definition of
accredited laboratory may provide that a laboratory or similar
undertaking is an accredited laboratory if it has been accredited or otherwise
approved by another person or body; and
(b) regulations made for the purposes of the definition of
accredited person may provide that a person is an accredited
person if the person has been accredited or otherwise approved by another person
or body; and
(c) regulations made for the purposes of the definition of
authorised person may provide that a person is an authorised
person in relation to an accredited laboratory if the person has been accredited
or otherwise approved by another person or body.
8 Subsection 70(1)
Omit “Administrative Review Tribunal”, substitute
“Administrative Appeals Tribunal”.
9 Subsection 70(1)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
10 Subsection 70(2)
Omit “Administrative Review Tribunal” (first occurring),
substitute “Administrative Appeals Tribunal”.
11 Subsection 70(2)
Omit “section 61 of the Act that establishes the Administrative
Review Tribunal”, substitute “section 27 of the
Administrative Appeals Tribunal Act 1975”.
12 Subsection 70(2)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
13 Subsection 70(2)
Omit “section 27 of the Administrative Appeals Tribunal Act
1975”, substitute “section 61 of the Administrative
Review Tribunal Act 2001”.
14 Subsections 41(4) and
(5)
Omit “, other than section 43,”.