Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024 (Vic)

Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024

No. 9 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Climate Change Act 2017

3Change of title of Climate Change Act 2017

4Definitions

5Long-term emissions reduction target

5ANew section 7A inserted

6Interim emissions reduction targets

7Independent expert advice in relation to interim emissions reduction targets

8Amending interim emissions reduction targets

9Preparation of climate change strategy

10Preparation of whole-of-government pledge

11Preparation of sector pledges

12Preparation of Council pledges

13Information to be included in end of interim target period report

14New Division 3 of Part 10 inserted

Part 3—Amendment of Planning and Environment Act 1987

15Definitions

16Objectives

17What are the duties and powers of planning authorities?

18New section 12A inserted

19New section 230 inserted

Part 4—Amendment of Renewable Energy (Jobs and Investment) Act 2017

20Purposes

21Definitions

22Objects

23Renewable energy targets

24New sections 7A and 7B inserted

25Minister to report to the Parliament annually on progress

26Capacity determinations

Part 5—Amendment of other Acts

27Environment Protection Act 2017

28Flora and Fauna Guarantee Act 1988

29Great Ocean Road and Environs Protection Act 2020

30Local Government Act 1989

Part 6—Repeal of this Act

31Repeal of this Act

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Endnotes

1      General information

Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024

No. 9 of 2024

[Assented to 26 March 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Climate Change Act 2017—

(i)to change the title of that Act; and

(ii)to bring forward Victoria's long-term target for net zero greenhouse gas emissions to 2045; and

(iii)to provide for interim emissions reduction targets; and

(iv)to bring forward the preparation of certain documents required under that Act; and

(b)to amend the Renewable Energy (Jobs and Investment) Act 2017—

(i)to increase the renewable energy target for 2030 to 65%; and

(ii)to provide for a new renewable energy target of 95% for 2035; and

(iii)to introduce energy storage targets and offshore wind energy targets; and

(c)to amend the Planning and Environment Act 1987 to expressly require consideration of climate change during the preparation of planning schemes and amendments to planning schemes under that Act.

2Commencement

(1)This Part and Part 4 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before the first anniversary of the day on which this Act receives the Royal Assent, it comes into operation on that day.

PART 2—AMENDMENT OF CLIMATE CHANGE ACT 2017

3Change of title of Climate Change Act 2017

For the title to the Climate Change Act 2017 substitute "Climate Action Act 2017".

4Definitions

(1)In section 3 of the Climate Change Act 2017, for the definition of interim emissions reduction target substitute—

"interim emissions reduction target means a greenhouse gas emissions reduction target—

(a)set out in section 10; or

(b)determined in accordance with Division 2 of Part 2;".

(2)In section 3 of the Climate Change Act 2017, for the definition of interim target period substitute—

"interim target period means the period in respect of which an interim emissions reduction target—

(a)is set out in section 10; or

(b)has been determined under Division 2 of Part 2;".

(3)In section 3 of the Climate Change Act 2017, in the definition of Department, for "Environment, Land, Water and Planning" substitute "Energy, Environment and Climate Action".

5Long-term emissions reduction target

In section 6(1) of the Climate Change Act 2017, for "2050" substitute "2045".

5ANew section 7A inserted

After section 7 of the Climate Change Act 2017 insert—

"7A   Independent expert advice in relation to determination for net zero greenhouse gas emissions

(1)In determining the amount of total greenhouse gas emissions attributable to the State, the Minister must obtain advice from one or more persons who are appropriately qualified, in the Minister's opinion, to act as an independent expert.

(2)The advice obtained under subsection (1) must include an independent assessment of the amount of total greenhouse gas emissions attributable to the State.

(3)In forming the advice, an independent expert must consider—

(a)the demonstrated effectiveness of any proposed activities for the removal of greenhouse gas emissions from the atmosphere; and

(b)the likely effectiveness of any eligible offsets.

(4)The Minister must publish any independent expert advice obtained under this section on the Internet site of the Department as soon as practicable after the advice is received by the Minister.".

6Interim emissions reduction targets

For section 10 of the Climate Change Act 2017 substitute—

"10   Interim emissions reduction targets

(1)The greenhouse gas emissions reduction target for the period 1 January 2021 to 31 December 2025 is 28 to 33% below the State's greenhouse gas emissions for the year 2005.

(2)The greenhouse gas emissions reduction target for the period 1 January 2026 to 31 December 2030 is 45 to 50% below the State's greenhouse gas emissions for the year 2005.

(3)The greenhouse gas emissions reduction target for the period 1 January 2031 to 31 December 2035 is 75 to 80% below the State's greenhouse gas emissions for the year 2005.

(4)The Premier and the Minister must determine a greenhouse gas emissions reduction target for the State in respect of the following periods—

(a)1 January 2036 to 31 December 2040;

(b)1 January 2041 to 31 December 2045.

(5)The interim emissions reduction target under subsection (4)(a) must be determined on or before 31 March 2028.

(6)The interim emissions reduction target under subsection (4)(b) must be determined on or before 31 March 2033.

(7)In this section—

State's greenhouse gas emissions for the year 2005 means the amount of the State's greenhouse gas emissions for the year 2005 determined under section 11(2).".

7Independent expert advice in relation to interim emissions reduction targets

Section 12(4) of the Climate Change Act 2017 is repealed.

8Amending interim emissions reduction targets

(1)In section 16(2) of the Climate Change Act 2017, after "reduction target" insert "determined under section 10(4)".

(2)In section 16(3) of the Climate Change Act 2017, for "Section 10(2) to (6) does" substitute "Section 10(5) and (6) do".

9Preparation of climate change strategy

In section 29(2) of the Climate Change Act 2017, for "31 October 2045" substitute "31 October 2040".

10Preparation of whole-of-government pledge

In section 41(2) of the Climate Change Act 2017—

(a)for "1 August in" substitute "31 October in";

(b)for "1 August 2020" substitute "31 October 2020";

(c)for "1 August 2045" substitute "31 October 2040".

11Preparation of sector pledges

In section 43(2) of the Climate Change Act 2017—

(a)for "1 August in" substitute "31 October in";

(b)for "1 August 2020" substitute "31 October 2020";

(c)for "1 August 2045" substitute "31 October 2040".

12Preparation of Council pledges

In section 46(2) of the Climate Change Act 2017—

(a)for "1 August in" substitute "31 October in";

(b)for "1 August 2020" substitute "31 October 2020";

(c)for "1 August 2045" substitute "31 October 2040".

13Information to be included in end of interim target period report

In section 55(e) of the Climate Change Act 2017, for "31 December 2050" substitute "31 December 2045".

14New Division 3 of Part 10 inserted

After Division 2 of Part 10 of the Climate Change Act 2017 insert—

"Division 3—Transitional provisions—Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024

101Definitions

In this Division—

amending Act means the Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024;

commencement day means the day on which section 3 of the amending Act comes into operation.

102Renaming of Act—savings provision

On and after the commencement day, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Climate Change Act 2017 is to be construed as a reference to the Climate Action Act 2017, unless the contrary intention appears.".

PART 3—AMENDMENT OF PLANNING AND ENVIRONMENT ACT 1987

15Definitions

In section 3(1) of the Planning and Environment Act 1987 insert the following definition—

"emissions reductions target means—

(a)an interim emissions reduction target within the meaning of the Climate Action Act 2017; and

(b)a long-term emissions reduction target within the meaning of the Climate Action Act 2017;".

16Objectives

After section 4(2)(d) of the Planning and Environment Act 1987 insert—

"(da)to provide for explicit consideration of the policies and obligations of the State relating to climate change, including but not limited to greenhouse gas emissions reduction targets and the need to increase resilience to climate change, when decisions are made about the use and development of land;".

17What are the duties and powers of planning authorities?

After section 12(2) of the Planning and Environment Act 1987 insert—

"(2A)Without limiting subsection (2), in preparing a planning scheme or amendment, a planning authority, in accordance with and subject to any directions issued under section 12A, must have regard to—

(a)emissions reductions targets; and

(b)any significant risk to any use or development envisaged by the scheme or amendment that arises from, or is likely to arise from, the impacts of climate change.".

18New section 12A inserted

After section 12 of the Planning and Environment Act 1987 insert—

"12A   Ministerial directions for having regard to climate change

(1)The Minister may issue written directions to planning authorities in relation to matters relating to climate change to which planning authorities must have regard in preparing a planning scheme or amendment.

(2)Without limiting subsection (1), the Minister's directions may set out—

(a)circumstances in which planning authorities must have regard to a matter relating to climate change; and

(b)matters to which planning authorities are not required to have regard under section 12(2A); and

(c)how the requirement under section 12(2A) is to be met in relation to a particular matter.

(3)The Minister's directions may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method published by any authority or body whether as published at the time that the direction is made or as published from time to time.".

19New section 230 inserted

After section 229 of the Planning and Environment Act 1987 insert—

"230   Transitional provisions—Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024

Section 12(2A) does not apply in relation to the preparation of an amendment to a planning scheme if, immediately before the day on which section 17 of the Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024 comes into operation, one or more of the following steps has been taken—

(a)the planning authority has given notice of the preparation of the amendment in accordance with section 19;

(b)the planning authority has applied to the Minister under section 20(1) for an exemption in respect of the amendment;

(c)any person has—

(i)made a request for the preparation of the amendment; and

(ii)applied for an exemption under section 20(4) from any of the requirements of section 19 in respect of the amendment;

(d)the Minister has exercised a power of exemption under section 20(2) or (4) in respect of the amendment;

(e)the Minister has determined under section 20A(2) to prepare the amendment;

(f)the Minister has either—

(i)established a committee under section 151 to advise on the amendment or the preparation of the amendment; or

(ii)referred the amendment or the preparation of the amendment to a committee established under section 151 for advice.".

PART 4—AMENDMENT OF RENEWABLE ENERGY (JOBS AND INVESTMENT) ACT 2017

20Purposes

After section 1(a) of the Renewable Energy (Jobs and Investment) Act 2017 insert—

"(ab)to establish energy storage targets for Victoria; and

(ac)to establish offshore wind energy targets for Victoria; and".

21Definitions

In section 3 of the Renewable Energy (Jobs and Investment) Act 2017 insert the following definitions—

"energy storage target means an energy storage target set out in section 7A;

offshore area of Victoria means the offshore area of Victoria as defined by section 8 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

offshore wind energy target means an offshore wind energy target set out in section 7B;".

22Objects

(1)In section 5(b) of the Renewable Energy (Jobs and Investment) Act 2017, after "energy targets" insert ", energy storage targets and offshore wind energy targets".

(2)In section 5(c) of the Renewable Energy (Jobs and Investment) Act 2017, after "electricity generation" insert ", energy storage and electricity generation in the offshore area of Victoria".

23Renewable energy targets

(1)In section 7(c) of the Renewable Energy (Jobs and Investment) Act 2017—

(a)for "50%" substitute "65%";

(b)for "into electricity." substitute "into electricity; and".

(2)After section 7(c) of the Renewable Energy (Jobs and Investment) Act 2017 insert—

"(d)by 2035, for 95% of electricity generated in Victoria to be generated by means of facilities that generate electricity by utilising renewable energy sources or converting renewable energy sources into electricity.".

24New sections 7A and 7B inserted

After section 7 of the Renewable Energy (Jobs and Investment) Act 2017 insert—

"7A   Energy storage targets

(1)The energy storage targets are—

(a)by 2030, for energy storage facilities in Victoria to have the combined capacity to store and dispatch at least 2∙6 gigawatts of electricity at any time; and

(b)by 2035, for energy storage facilities in Victoria to have the combined capacity to store and dispatch at least 6∙3 gigawatts of electricity at any time.

(2)The Minister, by notice published in the Government Gazette, may declare a facility not to be an energy storage facility for the purposes of this section.

(3)In this section—

energy storage facility means a facility (other than a facility declared not to be an energy storage facility under subsection (2)) connected to a distribution system or transmission system that has the capacity to store and dispatch electricity.

7BOffshore wind energy targets

The offshore wind energy targets are—

(a)by 2032, Victoria is to have the capacity to generate not less than 2 gigawatts of electricity in the offshore area of Victoria by converting wind energy into electricity; and

(b)by 2035, Victoria is to have the capacity to generate not less than 4 gigawatts of electricity in the offshore area of Victoria by converting wind energy into electricity; and

(c)by 2040, Victoria is to have the capacity to generate not less than 9 gigawatts of electricity in the offshore area of Victoria by converting wind energy into electricity.".

25Minister to report to the Parliament annually on progress

(1)In section 8(1)(c) of the Renewable Energy (Jobs and Investment) Act 2017, for "generation." substitute "generation; and".

(2)After section 8(1)(c) of the Renewable Energy (Jobs and Investment) Act 2017 insert—

"(d)the progress made towards meeting the energy storage targets; and

(e)the performance of schemes to achieve the energy storage targets; and

(f)investment and employment in Victoria in relation to the storage of energy for the purposes of conversion into electricity; and

(g)the progress made towards meeting the offshore wind energy targets; and

(h)the performance of schemes to achieve the offshore wind energy targets; and

(i)investment and employment in Victoria in relation to the generation of electricity in the offshore area of Victoria by converting wind energy into electricity.".

26Capacity determinations

In section 9 of the Renewable Energy (Jobs and Investment) Act 2017—

(a)in paragraph (c), for "2025." substitute "2025; and";

(b)after paragraph (c) insert—

"(d)the renewable energy target for 2035—by 31 December 2030.".

PART 5—AMENDMENT OF OTHER ACTS

27Environment Protection Act 2017

In item 8.5 of Schedule 1 to the Environment Protection Act 2017, for "Climate Change" substitute "Climate Action".

28Flora and Fauna Guarantee Act 1988

In section 3(1) of the Flora and Fauna Guarantee Act 1988, in the definition of climate change, for "Climate Change" substitute "Climate Action".

29Great Ocean Road and Environs Protection Act 2020

In section 3 of the Great Ocean Road and Environs Protection Act 2020, in the definition of climate change, for "Climate Change" substitute "Climate Action".

30Local Government Act 1989

In section 181A(1A) of the Local Government Act 1989, for "Climate Change" substitute "Climate Action".

PART 6—REPEAL OF THIS ACT

31Repeal of this Act

This Act is repealed on the day after the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 29 November 2023

Legislative Council: 22 February 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Climate Change Act 2017 to change its title and to amend and bring forward emissions reduction targets, to amend the Renewable Energy (Jobs and Investment) Act 2017 to increase the renewable energy target for 2030, to introduce a new renewable energy target for 2035 and to introduce energy storage targets and offshore wind energy targets and to amend the Planning and Environment Act 1987 to expressly require consideration of climate change when making certain decisions under that Act and for other purposes."