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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Great Australian Bight Environment
Protection Bill 2016
No. , 2016
(Senator Hanson-Young)
A Bill for an Act to protect the Great Australian
Bight environment, and for related purposes
No. , 2016
Great Australian Bight Environment Protection Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Object ................................................................................................ 2
4
Application of this Act ...................................................................... 2
5
Definitions ......................................................................................... 3
6
Ban on mining activities in the Great Australian Bight
marine area ........................................................................................ 3
7
Compensation for acquisition of property ......................................... 4
No. , 2016
Great Australian Bight Environment Protection Bill 2016
1
A Bill for an Act to protect the Great Australian
1
Bight environment, and for related purposes
2
The Parliament of Australia enacts:
3
4
1 Short title
5
This Act is the Great Australian Bight Environment Protection Act
6
2016.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
Section 3
2
Great Australian Bight Environment Protection Bill 2016
No. , 2016
1
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
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Object
8
The object of this Act is to protect the following from damage
9
resulting from mining activities:
10
(a) the Great Australian Bight environment (in particular marine
11
life);
12
(b) industries in the Great Australian Bight region (in particular
13
the fishing industry).
14
4 Application of this Act
15
(1) This Act applies in relation to the Great Australian Bight marine
16
area and has effect despite any other Commonwealth law including
17
any of the following Acts:
18
(a) the Environment Protection and Biodiversity Conservation
19
Act 1999;
20
(b) the Offshore Petroleum and Greenhouse Gas Storage Act
21
2006.
22
(2) To avoid doubt, an authorisation, permit, title or other instrument
23
that permits conduct that is inconsistent with the operation of this
24
Act is taken to have no effect to the extent of the inconsistency.
25
(3) A provision of this Act that has effect in relation to a place that is
26
within the outer limits of the exclusive economic zone of Australia
27
Section 5
No. , 2016
Great Australian Bight Environment Protection Bill 2016
3
(whether the place is in the zone or in Australia), or that is on or in
1
the continental shelf of Australia, applies in relation to all persons
2
(including persons who are not Australian citizens).
3
5 Definitions
4
In this Act:
5
Great Australian Bight marine area consists of the waters of the
6
sea known as the Great Australian Bight in the Southern Ocean
7
that are:
8
(a) beyond the outer limits of the coastal waters of South
9
Australia and Western Australia; and
10
(b) within the outer limits of the continental shelf; and
11
(c) between Cape Pasley, Western Australia and Cape Carnot,
12
South Australia.
13
mining operation:
14
(a) means an operation or activity connected with, or incidental
15
to, the mining or recovery of minerals or other geological
16
material (including naturally occurring hydrocarbons) in any
17
form, whether solid, liquid or gaseous and whether organic or
18
inorganic; and
19
(b) includes prospecting for or exploring for minerals or other
20
geological material.
21
6 Ban on mining activities in the Great Australian Bight marine
22
area
23
(1) A person commits an offence if:
24
(a) the person engages in conduct; and
25
(b) the conduct is a mining operation; and
26
(c) the conduct is engaged in the Great Australian Bight marine
27
area; and
28
(d) the conduct is not for the purpose of research or
29
investigations relevant to the conservation or protection of
30
the Great Australian Bight marine area.
31
Penalty: Imprisonment for 2 years or 1,000 penalty units, or both.
32
Section 7
4
Great Australian Bight Environment Protection Bill 2016
No. , 2016
(2) This section applies despite any other law of the Commonwealth, a
1
State or a Territory.
2
7 Compensation for acquisition of property
3
(1) If the operation of this Act would result in an acquisition of
4
property (within the meaning of paragraph 51(xxxi) of the
5
Constitution) from a person otherwise than on just terms (within
6
the meaning of that paragraph), the Commonwealth is liable to pay
7
a reasonable amount of compensation to the person.
8
(2) If the Commonwealth and the person do not agree on the amount
9
of the compensation, the person may institute proceedings in the
10
Federal Court of Australia for the recovery from the
11
Commonwealth of such reasonable amount of compensation as the
12
court determines.
13
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