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This is a Bill, not an Act. For current law, see the Acts databases.
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (CONTROL OF POWER STATION EMISSIONS) BILL 2008
2008
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Control of
Power Station Emissions) Bill 2008
No. , 2008
(Senator Allison)
A Bill for an Act to restrict approvals of new power
stations to those operating within environmentally
responsible emissions limits, and for related
purposes
i Environment Protection and Biodiversity Conservation Amendment (Control of Power
Station Emissions) Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Object.................................................................................................. 2
4
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nt of the Environment Protection and
Biodive rsity Conservation Act 1999
3
Environment Protection and Biodiversity Conservation Amendment (Control of Power Station
Emissions) Bill 2008 No. , 2008 1
A Bill for an Act to restrict approvals of new power
1
stations to those operating within environmentally
2
responsible emissions limits, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Environment Protection and
7
Biodiversity Conservation Amendment (Control of Power Station
8
Emissions) Act 2008.
9
2 Commence ment
10
This Act commences on the day on which it receives the Royal
11
Assent.
12
2 Environment Protection and Biodiversity Conservation Amendment (Control of Power
Station Emissions) Bill 2008 No. , 2008
3 Object
1
The object of this Act is to amend the Environment Protection and
2
Biodiversity Conservation Act 1999 to provide:
3
(a) for an environmentally responsible limit of carbon dioxide
4
emissions from power stations;
5
(b) that only those new power stations which can meet the
6
environmentally responsible emissions limit will be
7
authorised to operate;
8
(c) for a monitoring regime of emissions of new power stations.
9
4 Schedule(s)
10
Each Act 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
15
Amend ment of the Environ ment Protection and Biodiversity Conservation Act 1999
Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Control of Power Station
Emissions) Bill 2008 No. , 2008 3
1
Schedule 1
--
Amendment of the Environment
2
Protection and Biodiversity
3
Conservation Act 1999
4
5
1 At the end of section 3A
6
Add:
7
; (f) in the case of a new power station, the emissions from such a
8
power station are below the limit set by section 140B.
9
2 After Subdivision E of Division 1 of Part 3
10
Insert:
11
Subdivision EA--Protection of the environment from power
12
station emissions
13
22B Requirement for approval of power stations
14
(1) A person must not construct a new power station after 1 July 2008
15
unless an approval of the construction is in operation under Part 9
16
for the purposes of this section.
17
Civil penalty:
18
(a) for an individual--20,000 penalty units;
19
(b) for a body corporate--200,000 penalty units.
20
(2) A person must not operate a new power station after 1 July 2008
21
unless an approval of the operation of the power station is in
22
operation under Part 9 for the purposes of this section.
23
Civil penalty:
24
(a) for an individual--20,000 penalty units;
25
(b) for a body corporate--200,000 penalty units.
26
(3) In this Act:
27
new power station means a power station approved to be
28
constructed after 1 July 2008 or the operation of which is approved
29
after 1 July 2008.
30
Schedule 1 A mendment of the Environ ment Protection and Biodiversity Conservation
Act 1999
4 Environment Protection and Biodiversity Conservation Amendment (Control of Power
Station Emissions) Bill 2008 No. , 2008
22C Offences relating to power stations
1
(1) A person is guilty of an offence if the person operates a new power
2
station and the emissions from the power station are greater than
3
the limit set by section 140B.
4
Note:
Chapter 2 of the Criminal Code sets out the general principles of
5
criminal responsibility.
6
(2) A person is guilty of an offence if the person operates a new power
7
station and the emissions from the power station are greater than
8
the limit set by section 140B and the person is reckless as to that
9
fact.
10
Note:
Chapter 2 of the Criminal Code sets out the general principles of
11
criminal responsibility.
12
(3) An offence against subsection (1) or (2) is punishable on
13
conviction by imprisonment for a term not more than 7 years, a
14
fine not more than 20,000 penalty units, or both.
15
Note 1:
Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body
16
corporate up to 5 times the maximum amount the court could fine a
17
person under this subsection.
18
Note 2:
An executive officer of a body corporate convicted of an offence
19
against this section may also be guilty of an offence against
20
section 495.
21
Note 3:
If a person takes an action on land that contravenes this section, a
22
landholder may be guilty of an offence against section 496C.
23
3 Subsection 72(2)
24
Omit "A", substitute "Subject to section 72A, a".
25
4 After section 72
26
Insert:
27
72A Additional require ments for referrals relating to new powe r
28
stations
29
A referral of a proposal in relation to a new power station must
30
include:
31
(a) detailed design specifications for the new power station
32
which demonstrate conclusively that the power station will
33
operate at an emission level of not more than 0.6 tonnes of
34
Amend ment of the Environ ment Protection and Biodiversity Conservation Act 1999
Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Control of Power Station
Emissions) Bill 2008 No. , 2008 5
CO
2
equivalent per MWh of power produced at the power
1
station; and
2
(b) an enforceable undertaking that if, at any time, the emission
3
levels of a new power station exceed those set by
4
paragraph (a), immediate action will be taken by the operator
5
of the power station to cease operation of the power station
6
until such time as emission levels below the limit in
7
paragraph (a) are achieved.
8
5 After section 140A
9
Insert:
10
140B Requirements for approvals of ne w power stations
11
(1) In deciding whether or not to approve, for the purposes of
12
section 22B or 22C, the operation or construction of a new power
13
station, the Minister must not approve such operation or
14
construction unless the new power station demonstrates to the
15
Minister that it will operate at all times with an emission level of
16
not more than 0.6 tonnes of CO
2
per MWh of power produced at
17
that power station.
18
(2) An approval by the Minister of the operation or construction of a
19
new power station is subject to the condition that the power station
20
will operate at all times with an emission level of not more than 0.6
21
tonnes of CO
2
per MWh of power produced at that power station.
22
For the purposes of this Chapter, the condition imposed by this
23
subsection is attached to the approval.
24
6 At the end of section 142
25
Add:
26
(3) This section does not apply to a person who contravenes the
27
condition attached to the approval of the operation or construction
28
of a power station, that the power station will operate at all times
29
with an emission level of not more than 0.6 tonnes of CO
2
per
30
MWh of power produced at that power station.
31
7 After section 142
32
Insert:
33
Schedule 1 A mendment of the Environ ment Protection and Biodiversity Conservation
Act 1999
6 Environment Protection and Biodiversity Conservation Amendment (Control of Power
Station Emissions) Bill 2008 No. , 2008
142AA Compliance with condition on approval relating to e missions
1
of powe r stations
2
(1) A person whose operation or construction of a new power station
3
has been approved under this Part must not contravene the
4
condition attached to the approval relating to the emission level of
5
the power station of not more than 0.6 tonnes of CO
2
per MWh of
6
power produced at that power station.
7
Civil penalty:
8
(a) for an individual--20,000 penalty units, or such lower
9
amount as is prescribed by the regulations;
10
(b) for a body corporate--200,000 penalty units, or such lower
11
amount as is prescribed by the regulations.
12
(2) A contravention of the condition attached to the approval of the
13
operation or construction of a new power station, relating to the
14
emission level of the power station, suspends the approval and the
15
power station must cease operation until such time as emission
16
levels below the limit in paragraph 72A(a) are achieved..
17
8 At the end of section 142A
18
Add:
19
(5) This section does not apply to a person who contravenes the
20
condition attached to the approval of the operation or construction
21
of a power station, that the power station will operate at all times
22
with an emission level of not more than 0.6 tonnes of CO
2
per
23
MWh of power produced at that power station.
24
9 After section 142A
25
Insert:
26
142AB Offence of breaching condition on approval relating to
27
emissions of powe r stations
28
(1) A person whose operation or construction of a new power station
29
has been approved under this Part is guilty of an offence if:
30
(a) the person allows the emission level of the power station to
31
exceed 0.6 tonnes of CO
2
per MWh of power produced at
32
that power station; and
33
Amend ment of the Environ ment Protection and Biodiversity Conservation Act 1999
Schedule 1
Environment Protection and Biodiversity Conservation Amendment (Control of Power Station
Emissions) Bill 2008 No. , 2008 7
(b) the person is reckless as to the fact that this is a breach of that
1
condition of the approval.
2
Note:
Chapter 2 of the Criminal Code sets out the general principles of
3
criminal responsibility.
4
(2) Strict liability applies to paragraph (1)(a).
5
Note:
For strict liability, see section 6.1 of the Criminal Code.
6
(3) An offence against subsection (1) is punishable on conviction by
7
imprisonment for a term not more than 5 years, a fine not more
8
than 10,000 penalty units, or both.
9
Note 1:
Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body
10
corporate up to 5 times the maximum amount the court could fine a
11
person under this subsection.
12
Note 2:
An executive officer of a body corporate convicted of an offence
13
against this section may also be guilty of an offence against
14
section 495.
15
Note 3:
If a person takes an action on land that contravenes this section, a
16
landholder may be guilty of an offence against section 496C.
17
10 At the end of section 142B
18
Add:
19
(4) This section does not apply to a person who contravenes the
20
condition attached to the approval of the operation or construction
21
of a power station, that the power station will operate at all times
22
with an emission level of not more than 0.6 tonnes of CO
2
per
23
MWh of power produced at that power station.
24
11 After section 142B
25
Insert:
26
142BA Strict liability offence for breach of approval condition
27
relating to emissions of powe r stations
28
(1) A person whose operation or construction of a new power station
29
has been approved under this Part is guilty of an offence if the
30
person allows the emission level of the power station to exceed 0.6
31
tonnes of CO
2
per MWh of power produced at that power station.
32
Penalty: 10,000 penalty units.
33
Schedule 1 A mendment of the Environ ment Protection and Biodiversity Conservation
Act 1999
8 Environment Protection and Biodiversity Conservation Amendment (Control of Power
Station Emissions) Bill 2008 No. , 2008
Note 1:
Chapter 2 of the Criminal Code sets out the general principles of
1
criminal responsibility.
2
Note 2:
Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body
3
corporate up to 5 times the maximum amount the court could fine a
4
person under this subsection.
5
Note 3:
An executive officer of a body corporate convicted of an offence
6
against this section may also be guilty of an offence against
7
section 495.
8
Note 4:
If a person takes an action on land that contravenes this section, a
9
landholder may be guilty of an offence against section 496C.
10
(2) Subsection (1) is an offence of strict liability.
11
Note:
For strict liability, see section 6.1 of the Criminal Code.
12
12 Subsections 143(1) and (2)
13
Omit "(other than the condition referred to in subsection 134(1A))",
14
substitute "(other than the conditions referred to in subsections 134(1A)
15
and 140B(2))".
16
13 After subparagraph 495(2)(v)
17
Insert:
18
(va) section 22C (Offences relating to power stations); or
19
14 At the end of subsection 495(2)
20
Add:
21
; or (ix) section 142AB (Offence of breaching condition on
22
approval relating to emissions of power stations); and
23
15 After subparagraph 496C(1)(vi)
24
Insert:
25
(via) section 22C (Offences relating to power stations); or
26
16 At the end of subsection 496C(1)
27
Add:
28
; or (x) section 142AB (Offence of breaching condition on
29
approval relating to emissions of power stations); and
30
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