Constitution Amendment (Fracking Ban) Act 2021 (Vic)

Constitution Amendment (Fracking Ban) Act 2021

No. 8 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendment of Constitution Act 1975

3Entrenchment

4New Part VIII inserted

Part 3—Repeal of this Act

5Repeal of this Act

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Endnotes

1      General information

Constitution Amendment (Fracking Ban) Act 2021

No. 8 of 2021

[Assented to 16 March 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to amend the Constitution Act 1975 to constrain the power of the Parliament to make laws repealing, altering or varying certain provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Part 2—Amendment of Constitution Act 1975

3Entrenchment

After section 18(2)(fa) of the Constitution Act 1975 insert—

"(fab)Part VIII; or".

4New Part VIII inserted

After Part VII of the Constitution Act 1975 insert—

"Part VIII—Maintaining the prohibitions on hydraulic fracturing and coal seam gas exploration and mining

98Purpose of this Part

The purpose of this Part is to constrain the power of the Parliament to make laws repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining, in order to ensure that the prohibitions, or prohibitions that are no less onerous, remain in force at all times as part of the law of Victoria.

99Parliament's legislative power constrained in relation to repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining

(1)The Parliament may not by any Act, whether expressly or by implication, repeal, alter or vary any of the following—

(a)section 16A of the Petroleum Act 1998, which prohibits hydraulic fracturing in the course of carrying out a petroleum operation;

(b)section 8AD of the Mineral Resources (Sustainable Development) Act1990, which prohibits hydraulic fracturing on land by the holder of an exploration licence, a mining licence or a retention licence, in the course of carrying out exploration or mining under the licence;

(c)section 8AC of the Mineral Resources (Sustainable Development) Act1990, which prohibits carrying out exploration for, or mining of, coal seam gas on land;

(d)section 15(1BAA) of the Mineral Resources (Sustainable Development) Act1990, which prohibits the Minister accepting an application for an exploration licence, a mining licence or a retention licence, to the extent that it specifies that the licence is to relate to coal seam gas;

(e)a provision of an Act to the extent that the provision is necessary for the effective operation of a provision referred to in paragraph (a), (b), (c) or (d).

(2)Despite subsection (1), the Parliament may by any Act repeal, alter or vary a provision referred to in that subsection if the repeal, alteration or variation—

(a)substitutes for the provision one or more other provisions that have the same effect; or

(b)repeals and re-enacts the provision; or

(c)makes editorial changes that do not derogate from the substantive operation of the provision including, but not limited to, any of the following changes—

(i)changes made to correct typographical, grammatical or clerical errors;

(ii)changes to numbering;

(iii)changes of references to a re‑named entity or Act;

(iv)changes of a consequential nature that are required because of amendments or repeals of any Act, alterations in the arrangements relating to the machinery of government (however described), or for any other reason; or

(d)increases the penalty for contravening the provision; or

(e)widens the class of persons liable to a penalty for contravening the provision.

(3)Without limiting subsection (1), an Act is taken to repeal, alter or vary a provision referred to in that subsection if the Act—

(a)reduces the penalty for contravening the provision; or

(b)narrows the class of persons liable to a penalty for contravening the provision; or

(c)reduces the geographical area to which the provision applies.

(4)In this section—

coal seam gas has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act1990;

commencement day means the day on which section 4 of the Constitution Amendment (Fracking Ban) Act 2021 commences;

exploration has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act1990;

exploration licence means an exploration licence under Part 2 of the Mineral Resources (Sustainable Development) Act1990;

hydraulic fracturing has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act1990;

Mineral Resources (Sustainable Development) Act1990 means the Mineral Resources (Sustainable Development) Act1990 as in force immediately before the commencement day;

mining has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act1990;

mining licence means a mining licence under Part 2 of the Mineral Resources (Sustainable Development) Act1990;

Petroleum Act 1998 means the Petroleum Act1998 as in force immediately before the commencement day;

petroleum operation has the meaning given by section 4 of the Petroleum Act1998;

retention licence means a retention licence under Part 2 of the Mineral Resources (Sustainable Development) Act1990.".

Part 3—Repeal of this Act

5Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

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: 18 March 2020

Legislative Council: 19 February 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975 to constrain the power of the Parliament to make laws repealing, altering or varying certain provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining and for other purposes."

Constitution Act 1975:

Special majorities:

Legislative Assembly: 19 February 2021

Legislative Council: 4 March 2021