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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2024
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment
(Reconsideration of Decisions) Bill 2024
No. , 2024
(Senator Colbeck)
A Bill for an Act to amend the
Environment
Protection and Biodiversity Conservation Act 1999
,
and for related purposes
No. , 2024
Environment Protection and Biodiversity Conservation Amendment
(Reconsideration of Decisions) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Environment Protection and Biodiversity Conservation Act 1999
3
No. , 2024
Environment Protection and Biodiversity Conservation Amendment
(Reconsideration of Decisions) Bill 2024
1
A Bill for an Act to amend the
Environment
1
Protection and Biodiversity Conservation Act 1999
,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Environment Protection and Biodiversity
6
Conservation Amendment (Reconsideration of Decisions) Act
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2024
.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Environment Protection and Biodiversity Conservation Amendment
(Reconsideration of Decisions) Bill 2024
No. , 2024
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2024
Environment Protection and Biodiversity Conservation Amendment
(Reconsideration of Decisions) Bill 2024
3
Schedule 1--Amendments
1
2
Environment Protection and Biodiversity Conservation Act
3
1999
4
1 Subsection 78(1) (note 2)
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Omit "A person (other than a Minister of a State or self-governing
6
Territory)", substitute "Certain persons".
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2 Section 78A (heading)
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Omit "
by person other than State or Territory Minister
".
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3 Subsection 78A(1)
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Omit "(other than a Minister of a State or self-governing Territory)".
11
4 Subsection 78A(1) (note)
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Repeal the note, substitute:
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Note:
A Minister of a State or self-governing Territory in which the action is
14
proposed to be taken can make a request for reconsideration of the
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decision under this subsection. See also section 79.
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5 After subsection 78A(1)
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Insert:
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(1A) However, a Minister of a State or self-governing Territory must not
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make a request under subsection (1) unless the action is proposed
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to be taken in that State or self-governing Territory.
21
6 After paragraph 78A(2)(b)
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Insert:
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(ba) be made:
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(i) for a person other than a Minister of a State or
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self-governing Territory--within the period of 36
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months starting on the day the decision was made; or
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(ii) for a Minister of a State or self-governing Territory in
28
which the action is proposed to be taken--after the end
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of that period; and
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4
Environment Protection and Biodiversity Conservation Amendment
(Reconsideration of Decisions) Bill 2024
No. , 2024
7 After subsection 78B(5)
1
Insert:
2
(5A) Subsection (5) does not apply if the request was made by the
3
appropriate Minister of the State or Territory.
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8 Paragraph 78C(2)(d)
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After "subsection 78B(5)", insert "and subsection 78B(5A) does not
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apply".
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9 Application of amendments
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The amendments of the
Environment Protection and Biodiversity
9
Conservation Act 1999
made by this Schedule apply in relation to a
10
request made,
on or after the commencement of this item, under
11
section 78A of that Act for the reconsideration of a decision, whether
12
the decision was made before, on or after that commencement.
13
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