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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Great Australian Bight Environment
Protection Bill 2019
No. , 2019
(Senator Hanson-Young)
A Bill for an Act to protect the Great Australian
Bight, and for related purposes
No. , 2019
Great Australian Bight Environment Protection Bill 2019
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects ............................................................................................... 2
4
Application of this Act ...................................................................... 2
5
Definitions ......................................................................................... 3
6
Meaning of Commonwealth Great Australian Bight area ................. 4
Part 2--Prohibiting mining operations in the Commonwealth
Great Australian Bight area
6
7
Mining operations in the Commonwealth Great Australian
Bight area--offence ........................................................................... 6
8
Mining operations in the Commonwealth Great Australian
Bight area--civil penalty ................................................................... 7
9
Aggravated offence or contravention--matters to have
regard to in determining serious harm to the environment ................ 8
Part 3--Enforcement
9
10
Appointment of inspectors ................................................................. 9
11
Monitoring powers ............................................................................ 9
12
Investigation powers ........................................................................ 10
13
Civil penalty provisions ................................................................... 11
14
Infringement notices ........................................................................ 12
15
Injunctions ....................................................................................... 13
Part 4--Miscellaneous
14
16
Compensation for acquisition of property ....................................... 14
17
Minister must nominate the Great Australian Bight to be
listed as a World Heritage Site ........................................................ 14
No. , 2019
Great Australian Bight Environment Protection Bill 2019
1
A Bill for an Act to protect the Great Australian
1
Bight, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the Great Australian Bight Environment Protection Act
7
2019.
8
Part 1 Preliminary
Section 2
2
Great Australian Bight Environment Protection Bill 2019
No. , 2019
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
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
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects
13
(1) The object of this Act is to protect the Commonwealth Great
14
Australian Bight area from mining operations.
15
(2) By protecting the Commonwealth Great Australian Bight area from
16
mining operations, this Act:
17
(a) furthers the protection of the environment in that area; and
18
(b) protects the industries that rely on the environment in that
19
area.
20
4 Application of this Act
21
(1) This Act applies in relation to the Commonwealth Great Australian
22
Bight area and has effect despite any other Commonwealth law
23
including any of the following Acts:
24
(a) the Environment Protection and Biodiversity Conservation
25
Act 1999;
26
Preliminary Part 1
Section 5
No. , 2019
Great Australian Bight Environment Protection Bill 2019
3
(b) the Offshore Petroleum and Greenhouse Gas Storage Act
1
2006.
2
(2) To avoid doubt, an authorisation, permit, title or other instrument
3
that permits conduct that is inconsistent with the operation of this
4
Act is taken to have no effect to the extent of the inconsistency.
5
(3) A provision of this Act that has effect in relation to a place that is
6
within the outer limits of the exclusive economic zone of Australia
7
(whether the place is in the zone or in Australia), or that is on or in
8
the continental shelf of Australia, applies in relation to all persons
9
(including persons who are not Australian citizens).
10
5 Definitions
11
In this Act:
12
Commonwealth Great Australian Bight area: see section 6.
13
inspector means a person appointed as an inspector under
14
section 10.
15
mining operations has the same meaning as in the Environment
16
Protection and Biodiversity Conservation Act 1999.
17
Regulatory Powers Act means the Regulatory Powers (Standard
18
Provisions) Act 2014.
19
Secretary means the Secretary of the Department.
20
World Heritage Committee means the Intergovernmental
21
Committee for the Protection of the Cultural and Natural Heritage
22
of Outstanding Universal Value established by Article 8 of the
23
World Heritage Convention.
24
World Heritage Convention means the Convention for the
25
Protection of the World Cultural and Natural Heritage done at Paris
26
on 23 November 1972, as amended and in force for Australia from
27
time to time.
28
Note:
The World Heritage Convention is in Australian Treaty Series 1975
29
No. 47 ([1975] ATS 47) and could in 2019 be viewed in the
30
Part 1 Preliminary
Section 6
4
Great Australian Bight Environment Protection Bill 2019
No. , 2019
Australian Treaties Library on the AustLII website
1
(http://www.austlii.edu.au).
2
World Heritage List means the list kept under that title under
3
Article 11 of the World Heritage Convention.
4
6 Meaning of Commonwealth Great Australian Bight area
5
The Commonwealth Great Australian Bight area is an area in the
6
Southern Ocean bounded by the line commencing at the point
7
described in item 1 of the following table and running
8
progressively as described in the table.
9
10
Area of reserve
Item
Description
South latitude
East longitude
1
The intersection of the outer limit of the
State waters of South Australia (three
nautical miles) with the meridian of
longitude 140° 34' 8.13" East
38° 4' 51.07"
140° 34' 8.13"
2
South along that meridian to its
intersection by the outer limit of the
exclusive economic zone (200 nautical
miles)
42° 37' 30.68"
140° 34' 8.13"
3
Generally north-westerly along the outer
limit of the exclusive economic zone to
its intersection by the meridian of
longitude 123° 19' 60.00" East
37° 42' 47.02"
123° 19' 60.00"
4
North along that meridian to its
intersection with the outer limit of State
waters of Western Australia (Dome
Island)
34° 13' 2.64"
123° 19' 60.00"
5
Generally easterly, then northerly,
north-westerly along the State waters of
Western Australia (Dome Island) to its
intersection by the meridian of longitude
123° 19' 60.00" East
34° 6' 16.92"
123° 19' 60.00"
6
North along that meridian to its
intersection with the outer limit of State
waters of Western Australia
34° 3' 39.69"
123° 19' 60.00"
Preliminary Part 1
Section 6
No. , 2019
Great Australian Bight Environment Protection Bill 2019
5
Area of reserve
Item
Description
South latitude
East longitude
7
Generally easterly and north-easterly
along the easternmost point on the outer
limit of State waters of Western
Australia (excluding the State waters of
the following islands: South East Islands,
Round Island and Eastern Group) to the
westernmost point on the outer limit of
the State waters of South Australia
-
-
8
Generally easterly and south-easterly
along the outer limit of State waters of
South Australia (and excluding the
following State waters of South
Australia: Flinders Island, Ward Island,
Pearson Islands, Greenly Island, Rocky
Island, Lipson Reef, Young and North
Rocks) to the point of commencement
-
-
Part 2 Prohibiting mining operations in the Commonwealth Great Australian Bight
area
Section 7
6
Great Australian Bight Environment Protection Bill 2019
No. , 2019
Part 2--Prohibiting mining operations in the
1
Commonwealth Great Australian Bight
2
area
3
4
7 Mining operations in the Commonwealth Great Australian Bight
5
area--offence
6
Ordinary offence
7
(1) A person commits an offence (an ordinary offence) if:
8
(a) the person engages in conduct; and
9
(b) the conduct is mining operations; and
10
(c) the conduct is engaged in the Commonwealth Great
11
Australian Bight area; and
12
(d) the conduct is not for the purpose of research or
13
investigations relevant to the conservation or protection of
14
the Commonwealth Great Australian Bight area.
15
Penalty: Imprisonment for 2 years or 1,000 penalty units, or both.
16
Aggravated offence
17
(2) A person commits an offence (an aggravated offence) if:
18
(a) the person commits an ordinary offence; and
19
(b) the commission of the ordinary offence:
20
(i) resulted in serious harm to the environment in the
21
Commonwealth Great Australian Bight area; or
22
(ii) had the potential to result in serious harm to the
23
environment in the Commonwealth Great Australian
24
Bight area; or
25
(iii) was done for a commercial purpose.
26
Penalty: Imprisonment for 3 years or 2,000 penalty units, or both.
27
(3) Recklessness applies to subparagraphs (2)(b)(i) and (ii).
28
Note:
For recklessness, see section 5.4 of the Criminal Code.
29
Prohibiting mining operations in the Commonwealth Great Australian Bight area Part
2
Section 8
No. , 2019
Great Australian Bight Environment Protection Bill 2019
7
(4) Intention applies to subparagraph (2)(b)(iii).
1
Note:
For intention, see section 5.2 of the Criminal Code.
2
(5) If, on a trial for an aggravated offence, the trier of fact:
3
(a) is not satisfied that the defendant is guilty of the aggravated
4
offence; but
5
(b) is satisfied beyond reasonable doubt that the defendant is
6
guilty of an ordinary offence;
7
it may find the defendant not guilty of the aggravated offence but
8
guilty of the ordinary offence, so long as the defendant has been
9
accorded procedural fairness in relation to that finding of guilt.
10
(6) This section applies despite any other law of the Commonwealth, a
11
State or a Territory.
12
8 Mining operations in the Commonwealth Great Australian Bight
13
area--civil penalty
14
Ordinary contravention
15
(1) A person contravenes (an ordinary contravention) this subsection
16
if:
17
(a) the person engages in conduct; and
18
(b) the conduct is mining operations; and
19
(c) the conduct is engaged in the Commonwealth Great
20
Australian Bight area; and
21
(d) the conduct is not for the purpose of research or
22
investigations relevant to the conservation or protection of
23
the Commonwealth Great Australian Bight area.
24
Civil penalty:
25
(a) for an individual--2,000 penalty units; or
26
(b) for a body corporate--20,000 penalty units.
27
Aggravated contravention
28
(2) A person contravenes this subsection if:
29
(a) the person has committed an ordinary contravention; and
30
Part 2 Prohibiting mining operations in the Commonwealth Great Australian Bight
area
Section 9
8
Great Australian Bight Environment Protection Bill 2019
No. , 2019
(b) the ordinary contravention:
1
(i) resulted in serious harm to the environment in the
2
Commonwealth Great Australian Bight area; or
3
(ii) had the potential to result in serious harm to the
4
environment in the Commonwealth Great Australian
5
Bight area; or
6
(iii) was done for a commercial purpose.
7
Note:
A person may be found to have committed an ordinary contravention
8
if a relevant court is not satisfied the person contravened
9
subsection (2): see subsection 13(3).
10
Civil penalty:
11
(a) for an individual--5,000 penalty units; or
12
(b) for a body corporate--50,000 penalty units.
13
(3) This section applies despite any other law of the Commonwealth, a
14
State or a Territory.
15
9 Aggravated offence or contravention--matters to have regard to
16
in determining serious harm to the environment
17
(1) In determining for the purposes of subparagraph 7(2)(b)(i) or
18
8(2)(b)(i) whether conduct has resulted in serious harm to the
19
environment in the Commonwealth Great Australian Bight area,
20
regard must be had to the following:
21
(a) the harm;
22
(b) the size of the affected environment;
23
(c) the sensitivity of the affected environment;
24
(d) the significance of the affected environment;
25
(e) whether the harm is irreversible; and
26
(f) the measures required to remedy the harm;
27
(2) In determining for the purposes of subparagraph 7(2)(b)(ii) or
28
8(2)(b)(ii) whether conduct had the potential to result in serious
29
harm to the environment in the Commonwealth Great Australian
30
Bight area, regard must be had to the potential for the conduct to
31
result in serious harm for the purposes of subparagraph 7(2)(b)(i)
32
or 8(2)(b)(i).
33
Enforcement Part 3
Section 10
No. , 2019
Great Australian Bight Environment Protection Bill 2019
9
Part 3--Enforcement
1
2
10 Appointment of inspectors
3
(1) The Secretary may, in writing, appoint an APS employee in the
4
Department as an inspector.
5
(2) The Secretary must not appoint a person as an inspector unless the
6
Secretary is satisfied that the person has the knowledge or
7
experience necessary to properly exercise the powers of an
8
inspector.
9
(3) An inspector must, in exercising powers as such, comply with any
10
directions of the Secretary.
11
(4) If a direction is given under subsection (3) in writing, the direction
12
is not a legislative instrument.
13
11 Monitoring powers
14
Provisions subject to monitoring
15
(1) A provision is subject to monitoring under Part 2 of the Regulatory
16
Powers Act if it is:
17
(a) a provision of this Act; or
18
(b) an offence against the Crimes Act 1914 or the Criminal Code
19
that relates to this Act.
20
Note:
Part 2 of the Regulatory Powers Act creates a framework for
21
monitoring whether this Act has been complied with. It includes
22
powers of entry and inspection.
23
Information subject to monitoring
24
(2) Information given in compliance or purported compliance with a
25
provision of this Act is subject to monitoring under Part 2 of the
26
Regulatory Powers Act.
27
Note:
Part 2 of the Regulatory Powers Act creates a framework for
28
monitoring whether the information is correct. It includes powers of
29
entry and inspection.
30
Part 3 Enforcement
Section 12
10
Great Australian Bight Environment Protection Bill 2019
No. , 2019
Related provisions, authorised applicant, authorised person,
1
issuing officer, relevant chief executive and relevant court
2
(3) For the purposes of Part 2 of the Regulatory Powers Act, as it
3
applies in relation to the provisions of this Act:
4
(a) there are no related provisions; and
5
(b) the Secretary is the authorised applicant; and
6
(c) an inspector is an authorised person; and
7
(d) a magistrate is an issuing officer; and
8
(e) the Secretary is the relevant chief executive; and
9
(f) the Federal Circuit Court of Australia and the Federal Court
10
of Australia are the relevant courts.
11
Persons assisting
12
(4) An authorised person may be assisted by other persons in
13
exercising powers or performing functions or duties under Part 2 of
14
the Regulatory Powers Act in relation to a provision mentioned in
15
subsection (1) and the information mentioned in subsection (2).
16
Extension to external Territories
17
(5) Part 2 of the Regulatory Powers Act, as it applies in relation to this
18
Act, extends to every external Territory.
19
12 Investigation powers
20
Provisions subject to investigation
21
(1) A provision is subject to investigation under Part 3 of the
22
Regulatory Powers Act if it is:
23
(a) section 7 or 8 of this Act; or
24
(b) an offence against the Crimes Act 1914 or the Criminal Code
25
that relates to this Act.
26
Note:
Part 3 of the Regulatory Powers Act creates a framework for
27
investigating whether a provision has been contravened. It includes
28
powers of entry, search and seizure.
29
Enforcement Part 3
Section 13
No. , 2019
Great Australian Bight Environment Protection Bill 2019
11
Related provisions, authorised applicant, authorised person,
1
issuing officer, relevant chief executive and relevant court
2
(2) For the purposes of Part 3 of the Regulatory Powers Act, as it
3
applies in relation to evidential material that relates to a provision
4
mentioned in subsection (1):
5
(a) there are no related provisions; and
6
(b) the Secretary is the authorised applicant; and
7
(c) an inspector is an authorised person; and
8
(d) a magistrate is an issuing officer; and
9
(e) the Secretary is the relevant chief executive; and
10
(f) the Federal Circuit Court of Australia and the Federal Court
11
of Australia are the relevant courts.
12
Persons assisting
13
(3) An authorised person may be assisted by other persons in
14
exercising powers or performing functions or duties under Part 3 of
15
the Regulatory Powers Act in relation to evidential material that
16
relates to a provision mentioned in subsection (1).
17
Extension to external Territories
18
(4) Part 3 of the Regulatory Powers Act, as it applies in relation to the
19
provisions mentioned in subsection (1), extends to every external
20
Territory.
21
13 Civil penalty provisions
22
Enforceable civil penalty provisions
23
(1) Subsections 8(1) and (2) of this Act are enforceable under Part 4 of
24
the Regulatory Powers Act.
25
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
26
be enforced by obtaining an order for a person to pay a pecuniary
27
penalty for the contravention of the provision.
28
Part 3 Enforcement
Section 14
12
Great Australian Bight Environment Protection Bill 2019
No. , 2019
Authorised applicant and relevant courts
1
(2) For the purposes of Part 4 of the Regulatory Powers Act, as it
2
applies in relation to the provisions mentioned in subsection (1):
3
(a) the Secretary is the authorised applicant; and
4
(b) the Federal Circuit Court of Australia and the Federal Court
5
of Australia are the relevant courts.
6
Modification
7
(3) If, in proceedings for a civil penalty order under Part 4 of the
8
Regulatory Powers Act in relation to a contravention of
9
subsection 8(2) by a person, the relevant court:
10
(a) is not satisfied that the person has contravened
11
subsection 8(2); but
12
(b) is satisfied beyond reasonable doubt that the person
13
contravened subsection 8(1);
14
the relevant court may make a civil penalty order against the
15
person for the contravention of subsection 8(1).
16
Extension to external Territories
17
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to the
18
provisions mentioned in subsection (1), extends to every external
19
Territory.
20
14 Infringement notices
21
Provisions subject to an infringement notice
22
(1) Subsection 8(1) of this Act is subject to an infringement notice
23
under Part 5 of the Regulatory Powers Act.
24
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
25
infringement notices in relation to provisions.
26
Infringement officer and relevant chief executive
27
(2) For the purposes of Part 5 of the Regulatory Powers Act, as it
28
applies in relation to the provision mentioned in subsection (1):
29
(a) an inspector is an infringement officer; and
30
Enforcement Part 3
Section 15
No. , 2019
Great Australian Bight Environment Protection Bill 2019
13
(b) the Secretary is the relevant chief executive.
1
Extension to external Territories
2
(3) Part 5 of the Regulatory Powers Act, as it applies in relation to the
3
provision mentioned in subsection (1), extends to every external
4
Territory.
5
15 Injunctions
6
Enforceable provisions
7
(1) Sections 7 and 8 of this Act are enforceable under Part 7 of the
8
Regulatory Powers Act.
9
Note:
Part 7 of the Regulatory Powers Act creates a framework for using
10
injunctions to enforce provisions.
11
Authorised person and relevant courts
12
(2) For the purposes of Part 7 of the Regulatory Powers Act, as it
13
applies in relation to the provisions mentioned in subsection (1):
14
(a) the Secretary is the authorised person; and
15
(b) the Federal Circuit Court of Australia and the Federal Court
16
of Australia are the relevant courts.
17
Consent injunctions
18
(3) A relevant court may grant an injunction under Part 7 of the
19
Regulatory Powers Act in relation to a provision mentioned in
20
subsection (1) by consent of all the parties to proceedings brought
21
under that Part, whether or not the court is satisfied that
22
section 121 of that Act applies.
23
Extension to external Territories
24
(4) Part 7 of the Regulatory Powers Act, as it applies in relation to the
25
provisions mentioned in subsection (1), extends to every external
26
Territory.
27
Part 4 Miscellaneous
Section 16
14
Great Australian Bight Environment Protection Bill 2019
No. , 2019
Part 4--Miscellaneous
1
2
16 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
17 Minister must nominate the Great Australian Bight to be listed as
14
a World Heritage Site
15
(1) As soon as reasonably practicable after this section commences,
16
the Minister must cause the Commonwealth to make a submission
17
to the World Heritage Committee that the Great Australian Bight
18
be included on the World Heritage List.
19
(2) The submission must be in accordance with any requirements set
20
out in the World Heritage Convention.
21
(3) To avoid doubt, the Great Australian Bight is not limited to the
22
Commonwealth Great Australian Bight area.
23
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