Environment and Heritage Legislation Amendment Act (No. 1) 2006 (Cth)
This compilation was prepared on 18 July 2008
[Schedule 2 (item 14) amended note to item 453 of Schedule 1
Schedule 2 (item 15) amended item 18 of Schedule 2
Schedule 2 (item 14) commenced immediately after 19 February 2007
Schedule 2 (item 15) commenced immediately after 12 December 2006]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
[
The Parliament of Australia enacts:
This Act may be cited as the
Environment and Heritage Legislation Amendment Act (No. 1) 2006 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 12 December 2006 |
Schedule 1, items 1 to 606 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | items 1–604, 606: 19 February 2007 ( item 605: 1 January 2007 ( |
3. Schedule 1, item 607 | At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. | 19 February 2012 |
4. Schedule 1, items 608 to 780 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | items 608–762, 764–780: 19 February 2007 ( item 763: 15 January 2007 ( |
Schedule 1, item 781 | Immediately after the The Minister must announce
by notice in the | 1 July 2022 |
Schedule 1, item 782 | Immediately after the The Minister must announce by notice in the | |
Schedule 1, items 783 to 807 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 19 February 2007 ( |
Schedule 1, item 808 | At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. | 19 February 2012 |
Schedule 1, items 809 to 835 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 19 February 2007 ( |
Schedule 1 item 836 | At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. | 19 February 2012 |
Schedule 1, item 837 | A day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 January 2007 ( |
Schedule 1 item 838 | At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. | 19 February 2012 |
Schedule 1, items 839 and 840 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | item 839: 1 January 2007
( item 840: 19 February 2007
( |
Schedule 1, items 841 to 845 | At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. | 19 February 2012 |
15. Schedule 1, items 846 to 869 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | items 846–851, 854–869: 19 February 2007
( items 852, 853: 1 January 2007
( |
Schedule 2 | The day on which this Act receives the Royal Assent. | 12 December 2006 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Insert:
(1) This section applies if:
(a) under the
Fisheries Management Act 1991 , a plan of management in force under that Act applies to particular fishing activities in a particular area of water; and(b) the area of water is not within, or is not wholly within:
(i) the Australian jurisdiction; or
(ii) a Commonwealth area; or
(iii) a Commonwealth marine area; and
(c) the area of water is not:
(i) an area of water, rights in respect of which have been vested in a State by section 4 of the
Coastal Waters (State Title) Act 1980 or in the Northern Territory by section 4 of theCoastal Waters (Northern Territory Title) Act 1980 ; or(ii) an area of water within the limits of a State or the Northern Territory.
(2) If, apart from this subsection, a provision of this Act would, or would not, apply in relation to the fishing activities (or in relation to fish or other things taken in the course of the activities) because the area of water mentioned in subsection (1) is not within, or is not wholly within:
(a) the Australian jurisdiction; or
(b) a Commonwealth area; or
(c) a Commonwealth marine area;
that provision has effect in relation to the fishing activities (and in relation to fish or other things taken in the course of the activities) as if the area of water were wholly within:
(d) the Australian jurisdiction; or
(e) a Commonwealth area; or
(f) a Commonwealth marine area;
as the case requires.
Note: This section is subject to subsection 5(3).
Example 1: Fishing activities in an area of water that is not a Commonwealth area generally do not contravene Part 13. However, because of this subsection, that Part applies to fishing activities to which this section applies as if the area of water were within a Commonwealth area. The fishing activities may therefore contravene that Part.
Example 2: If fish taken in the course of fishing activities in an area of water that is not within the Australian jurisdiction are brought into Australia, this generally constitutes an import (being an import by way of introduction from the sea) of the fish into Australia, which may contravene Part 13A. However, because of this subsection, that Part applies to the fish as if the area of water were within the Australian jurisdiction. The bringing of the fish into Australia therefore does not constitute an import for the purposes of that Part.
Example 3: This section allows a plan of management to be accredited under Part 13 in respect of the entire area of water to which the plan relates (even if some of the area is outside the Australian jurisdiction, a Commonwealth area or a Commonwealth marine area).
(3) In this section:
fishing has the same meaning as in theFisheries Management Act 1991 .
After “
Criminal Code ”, insert “(except Part 2.5)”.
Add:
Note 1: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.Note 2: Part 2.5 of the
Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 498B(9).
Repeal the paragraph, substitute:
(b) the action results or will result in a significant impact on the world heritage values of a property; and
(c) the property is a declared World Heritage property.
Insert:
(1A) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(b) the action is likely to have a significant impact on the world heritage values of a property; and
(c) the property is a declared World Heritage property.
Insert:
(2A) Strict liability applies to paragraph (2)(c).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Add:
Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.
Repeal the subsection.
Omit “and (7)”.
Repeal the paragraph, substitute:
(b) the action results or will result in a significant impact on the heritage values of a place; and
(c) the heritage values are National Heritage values of the place; and
(d) the place is a National Heritage place.
Insert:
(1A) Strict liability applies to paragraphs (1)(c) and (d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraphs, substitute:
(b) the action is likely to have a significant impact on the heritage values of a place; and
(c) the heritage values are National Heritage values of the place; and
(d) the place is a National Heritage place.
Insert:
(2A) Strict liability applies to paragraphs (2)(c) and (d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(c) the action results or will result in a significant impact on the heritage values of a place; and
(d) the heritage values are National Heritage values of the place; and
(e) the place is a National Heritage place.
Insert:
(3A) Strict liability applies to paragraphs (3)(d) and (e).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraphs, substitute:
(c) the action is likely to have a significant impact on the heritage values of a place; and
(d) the heritage values are National Heritage values of the place; and
(e) the place is a National Heritage place.
Insert:
(4A) Strict liability applies to paragraphs (4)(d) and (e).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(c) the action results or will result in a significant impact on the heritage values of a place; and
(d) the heritage values are National Heritage values of the place; and
(e) the place is a National Heritage place.
Insert:
(5A) Strict liability applies to paragraphs (5)(d) and (e).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraphs, substitute:
(c) the action is likely to have a significant impact on the heritage values of a place; and
(d) the heritage values are National Heritage values of the place; and
(e) the place is a National Heritage place.
Insert:
(6A) Strict liability applies to paragraphs (6)(d) and (e).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(b) the action results or will result in a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and
(c) the heritage values are National Heritage values of the place; and
(d) the place is a National Heritage place.
Insert:
(7A) Strict liability applies to paragraphs (7)(c) and (d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraphs, substitute:
(b) the action is likely to have a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and
(c) the heritage values are National Heritage values of the place; and
(d) the place is a National Heritage place.
Insert:
(8A) Strict liability applies to paragraphs (8)(c) and (d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(b) the action results or will result in a significant impact on the heritage values of a place; and
(ba) the heritage values are National Heritage values of the place; and
(bb) the place is a National Heritage place; and
Insert:
(9A) Strict liability applies to paragraphs (9)(ba), (bb) and (c).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(b) the action is likely to have a significant impact on the heritage values of a place; and
(ba) the heritage values are National Heritage values of the place; and
(bb) the place is a National Heritage place; and
Omit “Convention; and”, substitute “Convention.”.
Repeal the paragraph.
Insert:
(10A) Strict liability applies to paragraphs (10)(ba), (bb) and (c).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the subsections.
Omit “(12)”, substitute “(10)”.
Add:
Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.
Repeal the subsection.
Omit “(12)”, substitute “(10)”.
Repeal the paragraph, substitute:
(b) the action results or will result in a significant impact on the ecological character of a wetland; and
(c) the wetland is a declared Ramsar wetland.
Insert:
(1A) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(b) the action is likely to have a significant impact on the ecological character of a wetland; and
(c) the wetland is a declared Ramsar wetland.
Insert:
(2A) Strict liability applies to paragraph (2)(c).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Add:
Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.
Repeal the paragraph, substitute:
(b) the action results or will result in a significant impact on:
(i) a species; or
(ii) an ecological community; and
(c) the species is a listed threatened species, or the community is a listed threatened ecological community.
Insert:
(1A) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(b) the action is likely to have a significant impact on:
(i) a species; or
(ii) an ecological community; and
(c) the species is a listed threatened species, or the community is a listed threatened ecological community.
Insert:
(2A) Strict liability applies to paragraph (2)(c).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Add:
Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.
Add:
(4) A subsection of section 18 or 18A does not apply to an action, to the extent that it is covered by subsection 517A(7).
Repeal the paragraph, substitute:
(b) the action results or will result in a significant impact on a species; and
(c) the species is a listed migratory species.
Insert:
(1A) Strict liability applies to paragraph (1)(c).
Note: For strict liability , see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(b) the action is likely to have a significant impact on a species; and
(c) the species is a listed migratory species.
Insert:
(2A) Strict liability applies to paragraph (2)(c).
Note: For strict liability , see section 6.1 of the
Criminal Code .
Add:
Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.
54
At the end of Subdivision D of Division 1 of Part 3 Add:
A subsection of section 20 or 20A does not apply to an action, to the extent that it is covered by subsection 517A(7).
Add:
Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.
Add:
; (g) any other area of sea or seabed that is included in a Commonwealth reserve.
Insert:
(1A) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Omit “and the person is reckless as to that fact”.
Insert:
(2A) Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(c) the action results or will result in a significant impact on the environment in an area; and
(d) the area is a Commonwealth marine area.
Insert:
(3A) Strict liability applies to paragraphs (3)(b) and (d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(c) the action is likely to have a significant impact on the environment in an area; and
(d) the area is a Commonwealth marine area.
Insert:
(4A) Strict liability applies to paragraphs (4)(b) and (d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Insert:
(5A) Strict liability applies to paragraph (5)(b).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Omit “and the person is reckless as to that fact”.
Insert:
(6A) Strict liability applies to paragraph (6)(b).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Add:
Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.
Insert:
(1) A provision mentioned in subsection (2) or (3) does not apply to an action (the
primary action ) if:
(a) a person (the
primary person ) takes the action; and(b) as a consequence of the primary action, another person (the
secondary person ) takes another action (thesecondary action ); and(c) the secondary action is not taken at the direction or request of the primary person; and
(d) the significant impact referred to in the provision is a consequence of the secondary action.
Defence to offences
(2) For the purposes of subsection (1), the following provisions do not apply to the primary action:
(a) subsections 15A(1) and (2);
(b) subsections 15C(1) to (10);
(c) subsections 17B(1) and (2);
(d) subsections 18A(1) and (2);
(e) subsections 20A(1) and (2);
(f) subsections 22A(1) to (6);
(g) subsections 24A(1) to (6).
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the
Criminal Code .
Exception to civil penalties
(3) For the purposes of subsection (1), the following provisions do not apply to the primary action:
(a) subsection 12(1);
(b) subsections 15B(1) to (5) and (7);
(c) subsection 16(1);
(d) subsections 18(1) to (6);
(e) subsection 20(1);
(f) subsections 21(1) to (3);
(g) subsections 23(1) to (3);
(h) subsection 25(1).
After “475”, insert “, 480A, 480K”.
After “475”, insert “, 480A, 480K”.
Insert:
(1A) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Omit “and the person is reckless as to that fact”.
Insert:
(2A) Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(c) the action results or will result in a significant impact on the environment in an area; and
(d) the area is Commonwealth land.
Insert:
(3A) Strict liability applies to paragraphs (3)(b) and (d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraph, substitute:
(c) the action is likely to have a significant impact on the environment in an area; and
(d) the area is Commonwealth land.
Insert:
(4A) Strict liability applies to paragraphs (4)(b) and (d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Add:
Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.
Repeal the paragraph, substitute:
(c) the action results or will result in a significant impact on the environment in a place; and
(ca) the place is a Commonwealth Heritage place; and
Insert:
(1A) Strict liability applies to paragraph (1)(ca).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the paragraphs, substitute:
(c) the action is likely to have a significant impact on the environment in a place; and
(d) the place is a Commonwealth Heritage place; and
Insert:
(2A) Strict liability applies to paragraph (2)(d).
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the subsection, substitute:
(5) The Minister may make a declaration under subsection (4) relating to a Commonwealth agency’s actions only if he or she is satisfied that:
(a) in taking the actions to which the declaration relates, the agency must comply with the law of a State or Territory (including a law of a State that is applied to a Commonwealth place by virtue of the
Commonwealth Places (Application of Laws) Act 1970 ), that has either or both of the following objects (whether express or implied):
(i) to protect the environment;
(ii) to promote the conservation and ecologically sustainable use of natural resources; and
(b) the impacts that the actions have, will have or are likely to have on the environment, are adequately addressed under the State or Territory law.
Add:
(1) A provision mentioned in subsection (2) or (3) does not apply to an action (the
primary action ) if:
(a) a person (the
primary person ) takes the action; and(b) as a consequence of the primary action, another person (the
secondary person ) takes another action (thesecondary action ); and(c) the secondary action is not taken at the direction or request of the primary person; and
(d) the significant impact referred to in the provision is a consequence of the secondary action.
Defence to offences
(2) For the purposes of subsection (1), the following provisions do not apply to the primary action:
(a) subsections 27A(1) to (4);
(b) subsections 27C(1) and (2).
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the
Criminal Code .
Exception to civil penalties
(3) For the purposes of subsection (1), the following provisions do not apply to the primary action:
(a) subsections 26(1) and (2);
(b) subsection 27B(1);
(c) subsection 28(1).
Repeal the Division.
Omit “management plan that is a bilaterally accredited management plan”, substitute “management arrangement or authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process”.
Repeal the paragraph, substitute:
(d) either of the following applies:
(i) in the case of a bilaterally accredited management arrangement—the management arrangement is in force under a law of the State or Territory identified in or under the bilateral agreement;
(ii) in the case of a bilaterally accredited authorisation process—the authorisation process is set out in a law of the State or Territory, and the law and the authorisation process are identified in or under the bilateral agreement; and
Omit “management plan”, substitute “management arrangement or bilaterally accredited authorisation process”.
Omit “management plan”, substitute “management arrangement or a bilaterally accredited authorisation process”.
Repeal the paragraph, substitute:
(f) either of the following applies:
(i) in the case of a bilaterally accredited management arrangement—the management arrangement is in force under a law of the State or self‑governing Territory identified in or under the bilateral agreement;
(ii) in the case of a bilaterally accredited authorisation process—the authorisation process is set out in a law of the State or self‑governing Territory, and the law and the authorisation process are identified in or under the bilateral agreement; and
Omit “management plan”, substitute “management arrangement or bilaterally accredited authorisation process”.
Repeal the heading, substitute:
Omit “management plan”, substitute “management arrangement or an accredited authorisation process”.
Repeal the paragraph, substitute:
(c) one of the following applies:
(i) in the case of an accredited management arrangement—the management arrangement is in operation under a law of the Commonwealth identified in or under the declaration;
(ii) in the case of an accredited authorisation process—the authorisation process is set out in a law of the Commonwealth, and the law and the authorisation process are identified in or under the declaration; and
Omit “management plan”, substitute “management arrangement or accredited authorisation process”.
Omit “a management plan that is an accredited management plan”, substitute “a management arrangement or authorisation process that is an accredited management arrangement or an accredited authorisation process”.
Repeal the subsection, substitute:
What is an accredited management arrangement ?
(2) A management arrangement is an
accredited management arrangement for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if:
(a) the management arrangement is in operation under a law of the Commonwealth identified in or under the declaration; and
(b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration.
What is an accredited authorisation process ?
(2A) An authorisation process is an
accredited authorisation process for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if:
(a) the authorisation process is set out in a law of the Commonwealth, and the law and the authorisation process are identified in or under the declaration; and
(b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration.
Omit “, the Minister may accredit by written instrument a management plan”, substitute “or (2A), the Minister may accredit by written instrument a management arrangement or authorisation process”.
Note: The heading to subsection 33(3) is altered by omitting “
management plan ” and substituting “management arrangement or authorisation process ”.
Repeal the paragraph, substitute:
(a) the management arrangement or authorisation process and the law under which it is in operation, or in which it is set out, meet the criteria prescribed by the regulations; and
Omit “plan”, substitute “management arrangement or authorisation process”.
Omit “management plan”, substitute “management arrangement or authorisation process”.
Omit “management plan” (last occurring), substitute “management arrangement or authorisation process”.
Omit “plan”, substitute “management arrangement or authorisation process”.
Repeal the subsection, substitute:
Tabling of management arrangement or authorisation process before accreditation
(4) The Minister must cause to be laid before each House of the Parliament:
(a) a copy of:
(i) in the case of a management arrangement—the management arrangement; or
(ii) in the case of an authorisation process—the relevant part of the law in which the authorisation process is set out;
that the Minister is considering accrediting for the purposes of subsection (2) or (2A); and
(b) a notice that the Minister proposes to accredit the management arrangement or authorisation process for the purposes of a declaration under this section.
Omit “management plan”, substitute “management arrangement or authorisation process”.
After “(2)”, insert “or (2A)”.
Omit “management plan”, substitute “management arrangement or authorisation process”.
Omit “management plan”, substitute “management arrangement or authorisation process”.
After “House—”, insert “subject to subsection (5A),”.
Note: The heading to subsection 33(5) is replaced by the heading “
Limitations on accreditation during period for opposition ”.
Insert:
(5A) If:
(a) notice of a motion to oppose accreditation of the management arrangement or authorisation process is given in a House of the Parliament within 15 sitting days after the management arrangement or authorisation process is laid before the House under this section; and
(b) the notice is withdrawn or otherwise disposed of within 15 sitting days of that House after the notice is given;
then, subject to paragraph (5)(a), the Minister may accredit the management arrangement or authorisation process after the motion is withdrawn or otherwise disposed of.
Repeal the subsections, substitute:
No accreditation after accreditation opposed
(6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution opposing accreditation of the management arrangement or authorisation process following a motion of which notice has been given within 15 sitting days after the management arrangement or relevant part of the law has been laid before the House under this section.
No accreditation if motion not defeated in time
(7) The Minister must not accredit the management arrangement or authorisation process if, at the end of 15 sitting days after notice of a motion to oppose accreditation of the management arrangement or authorisation process that was given in a House of the Parliament within 15 sitting days after the management arrangement or relevant part of the law was laid before the House under this section:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of.
Omit “management plan”, substitute “management arrangement or authorisation process”.
Omit “management plan” (last occurring), substitute “management arrangement or relevant part of the law”.
After “(5),”, insert “(5A),”.
Omit “management plan” (wherever occurring), substitute “management arrangement or authorisation process”.
Insert:
(ca) the Minister has had regard to any approved conservation advice for the species or community; and
Add:
; and (d) the Minister has had regard to any approved conservation advice for the species or community.
Omit “management plan” (wherever occurring), substitute “management arrangement or authorisation process”.
Repeal the paragraphs, substitute:
(a) a declaration made under section 33 is revoked; and
(b) before the revocation, an action was being taken that could be taken without approval under Part 9 because its taking was covered by the declaration; and
(c) the action had not been completed before the revocation;
Omit “management plan” (wherever occurring), substitute “management arrangement or authorisation process”.
121
At the end of Subdivision D of Division 2 of Part 4 Add:
(1) If:
(a) a management arrangement or an authorisation process is an accredited management arrangement or an accredited authorisation process; and
(b) the management arrangement or authorisation process is amended, or is proposed to be amended; and
(c) the Minister is satisfied that the amendments are, or will be, minor; and
(d) the Minister is satisfied that the management arrangement or authorisation process as amended meets, or will meet, the requirements of:
(i) paragraphs 33(3)(a), (b) and (c); and
(ii) section 34A; and
(iii) subsection 34B(2), 34BA(2), 34C(2), 34D(2), 34E(2) or 34F(2) (as the case requires);
the Minister may, by instrument in writing, determine that this section applies to the amendments.
(2) If the Minister makes a determination under subsection (1):
(a) the management arrangement or authorisation process as amended is, for the purposes of this Act, taken to be an accredited management arrangement or accredited authorisation process; and
(b) subsections 33(1) to (8) do not apply in relation to the amendments to the management arrangement or authorisation process, or the management arrangement or authorisation process as amended; and
(c) actions taken after the determination is made in accordance with the accredited management arrangement or accredited authorisation process as amended do not require approval under Part 9 for the purposes of a specified provision of Part 3.
(3) The Minister must publish a determination under subsection (1) in accordance with the regulations (if any).
(4) A determination under subsection (1) is not a legislative instrument.
Insert:
A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
(a) the action is an action, or one of a class of actions, declared by the Minister under section 37A not to require approval under Part 9 for the purposes of the provision (because the taking of the action is in accordance with a particular bioregional plan); and
(b) the declaration is in operation when the action is taken; and
(c) the action is taken:
(i) in the bioregion to which the plan applies; and
(ii) in accordance with the plan.
Note: Division 2 of Part 12 deals with bioregional plans.
Subject to Subdivisions C and D, the Minister may, by legislative instrument, declare that an action or class of actions specified in the declaration, wholly or partly by reference to the fact that the taking of the action or class of actions is in accordance with a bioregional plan, do not require approval under Part 9 for the purposes of a specified provision of Part 3.
Note 1: Subdivisions C and D set out rules about prerequisites for making a declaration and limits on making a declaration.
Note 2: Section 37K provides for revocation of a declaration.
(1) In deciding whether to make a declaration under section 37A, the Minister must consider the following, so far as they are not inconsistent with any other requirements of this Subdivision:
(a) matters relevant to any matter protected by a provision of Part 3 that the Minister considers is relevant to the action or class of actions to which the declaration relates;
(b) economic and social matters.
(2) In considering those matters, the Minister must take into account the principles of ecologically sustainable development.
(3) The Minister must not make a declaration under section 37A in relation to an action or class of actions and a provision of Part 3 if the Minister considers that the action, or an action in the class, if taken, would have unacceptable or unsustainable impacts on a matter protected by the provision.
The Minister may make a declaration under section 37A only if the Minister is satisfied that the declaration:
(a) accords with the objects of this Act; and
(b) meets the requirements (if any) prescribed by the regulations.
The Minister may make a declaration under section 37A relating to a declared World Heritage property only if:
(a) the Minister is satisfied that the declaration is not inconsistent with Australia’s obligations under the World Heritage Convention; and
(b) the Minister is satisfied that the declaration will promote the management of the property in accordance with the Australian World Heritage management principles; and
(c) the Minister is satisfied that the declaration is not inconsistent with a plan that has been prepared for the management of the declared World Heritage property under section 316 or as described in section 321.
The Minister may make a declaration under section 37A relating to a National Heritage place only if:
(a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the National Heritage management principles; and
(b) the Minister is satisfied that the declaration is not inconsistent with:
(i) an agreement to which the Commonwealth is a party in relation to the National Heritage place; or
(ii) a plan that has been prepared for the management of the National Heritage place under section 324S or as described in section 324X.
The Minister may make a declaration under section 37A relating to a declared Ramsar wetland only if:
(a) the Minister is satisfied that the declaration is not inconsistent with Australia’s obligations under the Ramsar Convention; and
(b) the Minister is satisfied that the declaration will promote the management of the wetland in accordance with the Australian Ramsar management principles.
The Minister may make a declaration under section 37A relating to a listed threatened species or a listed threatened ecological community only if:
(a) the Minister is satisfied that the declaration is not inconsistent with Australia’s obligations under:
(i) the Biodiversity Convention; or
(ii) the Apia Convention; or
(iii) CITES; and
(b) the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and
(c) the Minister is satisfied that the declaration is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and
(d) the Minister has had regard to any approved conservation advice for the species or community.
The Minister may make a declaration under section 37A relating to a listed migratory species only if:
(a) the Minister is satisfied that the declaration is not inconsistent with whichever of the following conventions or agreements because of which the species is listed:
(i) the Bonn Convention;
(ii) CAMBA;
(iii) JAMBA;
(iv) an international agreement approved under subsection 209(4); and
(b) the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species to which the declaration relates.
The Minister must not make a declaration relating to an action consisting of, or involving the construction or operation of, any of the following nuclear installations:
(a) a nuclear fuel fabrication plant;
(b) a nuclear power plant;
(c) an enrichment plant;
(d) a reprocessing facility.
Revoking declarations
(1) The Minister may, by legislative instrument, revoke a declaration made under section 37A.
Revocation does not affect some actions
(2) If:
(a) a declaration made under section 37A is revoked; and
(b) before the revocation, an action was being taken that could be taken without approval under Part 9 because its taking was covered by the declaration; and
(c) the action had not been completed before the revocation;
this Act continues to operate in relation to the action as if the declaration had not been revoked.
Minister must not give preference
(1) In making a declaration under section 37A, or revoking a declaration under section 37K, relating to an action taken:
(a) by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or
(b) by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Publishing declarations
(2) Within 10 business days after the Minister makes a declaration under section 37A, or an instrument under section 37K revoking a declaration, the Minister must publish the declaration or instrument in accordance with the regulations.
A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
(a) the action is included in a class of actions declared in a conservation agreement, in accordance with section 306A, not to require approval under Part 9 for the purposes of the provision; and
(b) the conservation agreement is in operation when the action is taken; and
(c) the action is taken in accordance with the conditions (if any) specified in the declaration.
Repeal the paragraph, substitute:
(b) before the commencement of this Act, the action was authorised by a specific environmental authorisation; and
After “no further”, insert “specific”.
Add:
; and (d) at the time the action is taken, the specific environmental authorisation continues to be in force.
Insert:
(1A) For the purposes of paragraphs (1)(c) and (d), a renewal or extension of a specific environmental authorisation is taken to be a new specific environmental authorisation unless:
(a) the action that is authorised by the authorisation following the renewal or extension is the same as the action that was authorised by the authorisation before the commencement of this Act; and
(b) the renewal or extension could properly be made or given without any further consideration of the environmental impacts of the action.
Note: If a renewal or extension of a specific environmental authorisation is taken to be a new specific environmental authorisation, the condition in paragraph (1)(c) or (d) would not be met.
Omit “this section”, substitute “this Act”.
Insert:
specific environmental authorisation means an environmental authorisation that:
(a) identifies the particular action by reference to acts and matters uniquely associated with that action; or
(b) was issued or granted following a consideration of the particular action by reference to acts and matters uniquely associated with that action.
Omit “For this purpose, an enlargement, expansion or intensification of use is not a
continuation of a use.”.
Repeal the subsection, substitute:
(2) However, subsection (1) does not apply to an action if:
(a) before the commencement of this Act, the action was authorised by a specific environmental authorisation; and
(b) at the time the action is taken, the specific environmental authorisation continues to be in force.
Note: In that case, section 43A applies instead.
(3) For the purposes of this section, neither of the following is a
continuation of a use of land, sea or seabed:
(a) an enlargement, expansion or intensification of use;
(b) either:
(i) any change in the location of where the use of the land, sea or seabed is occurring; or
(ii) any change in the nature of the activities comprising the use;
that results in a substantial increase in the impact of the use on the land, sea or seabed.
Omit “management plan that is a bilaterally accredited management plan”, substitute “management arrangement or authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process”.
Repeal the subsection, substitute:
What is a bilaterally accredited management arrangement ?
(2) A management arrangement is a
bilaterally accredited management arrangement for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if:
(a) the management arrangement is in force under a law of the State or Territory that is a party to the agreement and the law is identified in or under the agreement; and
(b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.
What is a bilaterally accredited authorisation process ?
(2A) An authorisation process is a
bilaterally accredited authorisation process for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if:
(a) the authorisation process is set out in a law of the State or Territory that is a party to the agreement, and the law and the process are identified in or under the agreement; and
(b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.
Omit “, the Minister may accredit in writing a management plan”, substitute “or (2A), the Minister may accredit in writing a management arrangement or an authorisation process”.
Note: The heading to subsection 46(3) is altered by omitting “
management plan ” and substituting “management arrangement or authorisation process ”.
Repeal the paragraph, substitute:
(a) the management arrangement or authorisation process and the law under which it is in force, or in which it is set out, meet the criteria prescribed by the regulations; and
Omit “management plan”, substitute “management arrangement or authorisation process”.
Omit “management plan”, substitute “management arrangement or authorisation process”.
Omit “management plan” (last occurring), substitute “management arrangement or authorisation process”.
Omit “plan”, substitute “management arrangement or an authorisation process”.
Repeal the subsection, substitute:
Tabling of management arrangement or authorisation process before accreditation
(4) The Minister must cause to be laid before each House of the Parliament a copy of:
(a) in the case of a management arrangement—the management arrangement; or
(b) in the case of an authorisation process—the relevant part of the law in which the authorisation process is set out;
that the Minister is considering accrediting for the purposes of subsection (2) or (2A).
Omit “management plan”, substitute “management arrangement or authorisation process”.
After “(2)”, insert “or (2A)”.
Omit “the plan”, substitute “the management arrangement or authorisation process”.
Omit “management plan”, substitute “management arrangement or authorisation process”.
After “House—”, insert “subject to subsection (5A),”.
Note: The heading to subsection 46(5) is replaced by the heading “
Limitations on accreditation during period for disallowance ”.
Insert:
(5A) If:
(a) notice of a motion to disallow accreditation of the management arrangement or authorisation process is given in a House of the Parliament within 15 sitting days after the management arrangement or authorisation process is laid before the House under this section; and
(b) the notice is withdrawn or otherwise disposed of within 15 sitting days of that House after the notice is given;
then, subject to paragraph (5)(a), the Minister may accredit the management arrangement or authorisation process after the motion is withdrawn or otherwise disposed of.
Repeal the subsections, substitute:
Disallowance motion passed
(6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution disallowing the accreditation of the management arrangement or authorisation process following a motion of which notice has been given within 15 sitting days after the management arrangement or relevant part of the law has been laid before the House.
Disallowance motion not defeated in time
(7) The Minister must not accredit the management arrangement or authorisation process if, at the end of 15 sitting days after notice of a motion to disallow the management arrangement or authorisation process that was given in a House of the Parliament within 15 sitting days after the management arrangement or relevant part of the law was laid before the House:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of.
Omit “management plan”, substitute “management arrangement or authorisation process”.
Omit “management plan” (last occurring), substitute “management arrangement or relevant part of the law”.
After “(5),”, insert “(5A),”.
Omit “management plan”, insert “management arrangement or authorisation process”.
Omit “The”, substitute “If the declaration is for actions approved in accordance with a bilaterally accredited management arrangement, the”.
Omit “a management plan that is a bilaterally accredited management plan for the purposes of the agreement”, substitute “the management arrangement”.
Omit “management plan”, substitute “management arrangement or an authorisation process”.
Omit “the plan”, substitute “the management arrangement or authorisation process”.
Omit “management plan”, substitute “management arrangement or an authorisation process”.
Omit “the plan”, substitute “the management arrangement or authorisation process”.
Omit “management plan”, substitute “management arrangement or an authorisation process”.
Omit “the plan”, substitute “the management arrangement or authorisation process”.
Insert:
(ca) the Minister has had regard to any approved conservation advice for the species or community; and
Omit “management plan”, substitute “management arrangement or an authorisation process”.
Omit “the plan”, substitute “the management arrangement or authorisation process”.
Add:
; and (d) the Minister has had regard to any approved conservation advice for the species or community.
Omit “management plan”, substitute “management arrangement or an authorisation process”.
Omit “the plan”, substitute “the management arrangement or authorisation process”.
Omit “management plan”, substitute “management arrangement or an authorisation process”.
Add:
(1) This section applies if:
(a) the Minister intends to develop a draft amendment to a bilateral agreement (the
principal agreement ); and(b) the Minister is satisfied that the amendment will not have a significant effect on the operation of the principal agreement; and
(c) the Minister makes a determination, in writing, to that effect.
(2) If the Minister makes a determination under paragraph (1)(c):
(a) the following provisions of this Part do not apply in relation to the amendment to the principal agreement:
(i) subsection 45(3);
(ii) paragraphs 45(4)(b) and (c);
(iii) section 49A; and
(b) the Minister must publish the principal agreement, as amended by the amending agreement, at the same time as publishing the amending agreement under paragraph 45(4)(a).
(3) A determination made under paragraph (1)(c) is not a legislative instrument.
Omit “management plan that is a bilaterally accredited management plan”, substitute “management arrangement or an authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process”.
168
Subsections 65(1) and (2) (including the notes) Repeal the subsections, substitute:
(1) A bilateral agreement ceases to have effect for the purposes of this Act at the time when the agreement provides for it to cease to so have effect.
Note: The parties to a bilateral agreement may also agree to revoke it.
(2) The Minister must cause a review of the operation of a bilateral agreement to be carried out at least once every 5 years while the agreement remains in effect. The Minister must give a copy of the report of each review to the appropriate Minister of the State or Territory that is party to the agreement.
Note: A bilateral agreement may also provide for review of its operation.
After “the report”, insert “on each subsection (2) review”.
Omit “management plan that was a bilaterally accredited management plan”, substitute “management arrangement or an authorisation process that was a bilaterally accredited management arrangement or a bilaterally accredited authorisation process”.
Insert:
(ca) information included in the referral; or
After “would be”, insert “(or would, but for section 25AA or 28AB, be)”.
Insert:
A person must not take a controlled action unless an approval of the taking of the action by the person is in operation under Part 9 for the purposes of the relevant provision of Part 3.
Note: A person can be restrained from contravening this section by an injunction under section 475.
Add:
(6) This section is affected by section 68A.
Insert:
(1) This section applies in relation to an action that is proposed to be taken under a contract or an agreement, arrangement or understanding, other than:
(a) a subcontract; or
(b) an agreement, arrangement or understanding entered into for the purposes of a contract or another agreement, arrangement or understanding.
Note: A person proposing to take an action under a subcontract, or an agreement, arrangement or understanding entered into for the purposes of a contract or another agreement, arrangement or understanding, is not required or permitted to refer the proposal to take the action to the Minister under section 68.
(2) For the purposes of section 68 and subject to subsection (3), a reference to, or relating to, a person proposing to take the action is a reference to, or relating to, any of the following persons:
(a) a party to the contract, agreement, arrangement or understanding for whose benefit the action is proposed to be taken;
(b) a person who:
(i) requested or procured, or proposes to request or procure, the creation of the contract, agreement, arrangement or understanding; and
(ii) is to be responsible for controlling and directing the taking of the proposed action.
(3) If a person (the
first person ) referred to in paragraph (2)(a) or (b) refers a proposal to take the action to the Minister under section 68:
(a) no other person is required or permitted to refer a proposal to take the action to the Minister under section 68; and
(b) for the purposes of this Chapter, a reference to, or relating to, the person proposing to take the action is a reference to, or relating to, the first person.
(4) For the purposes of this section, a reference to a contract or subcontract or an agreement, arrangement or understanding includes a reference to a proposed contract, proposed subcontract, proposed agreement, proposed arrangement or proposed understanding.
(5) Nothing in this section is intended to affect the capacity of a person to refer a proposal to take an action to the Minister under subsection 68(1) or (2) on behalf of the person proposing to take the action.
Repeal the subsection.
Omit “(except the Minister)”.
Add:
(3) A referral of a proposal to take an action may include alternative proposals relating to any of the following:
(a) the location where the action is to be taken;
(b) the time frames within which the action is to be taken;
(c) the activities that are to be carried out in taking the action.
Insert:
Inviting comments from the Australian Heritage Council
(1A) If the Minister thinks, in relation to an action that is the subject of a proposal referred to the Minister, that section 15B or 15C could be a controlling provision for the proposed action because of National Heritage values of a National Heritage place, the Minister may invite the Australian Heritage Council to give the Minister comments, within 10 business days (measured in Canberra), on whether the proposed action is a controlled action.
Note: Sections 15B and 15C protect the National Heritage values of National Heritage places.
(1B) If the Minister thinks, in relation to an action that is the subject of a proposal referred to the Minister, that section 23, 24A, 26, 27A, 27B, 27C or 28 could be a controlling provision for the proposed action because of heritage values of a place, the Minister may invite the Australian Heritage Council to give the Minister comments, within 10 business days (measured in Canberra), on whether the proposed action is a controlled action.
Note: Sections 23, 24A, 26, 27A, 27B, 27C and 28 protect the environment, which includes the heritage values of places. See the definition of
environment in section 528.
Omit all the words after “self‑governing Territory,” (not including the note), substitute:
the Environment Minister must, if he or she thinks the action may have an impact on a matter protected by a provision of Division 1 of Part 3 (about matters of national environmental significance):
(a) inform the appropriate Minister of the State or Territory; and
(b) invite that Minister to give the Environment Minister within 10 business days:
(i) comments on whether the proposed action is a controlled action; and
(ii) information relevant to deciding which approach would be appropriate to assess the relevant impacts of the action (including if the action could be assessed under a bilateral agreement).
Add:
Note: If the action is also the subject of a permit application under section 200, 215, 237 or 257 and the application is made at the same time as the referral, the referral and invitation for comments that must be published under this subsection may be published together with the application and invitation for comments that must be published under section 200, 215, 237 or 257.
Insert:
Non‑disclosure of commercial‑in‑confidence information
(3A) The Environment Minister may refuse to cause to be published on the Internet, under subsection (3), so much of the information included in a referral as the Minister is satisfied is commercial‑in‑confidence.
(3B) The Environment Minister must not be satisfied that particular information included in a referral is commercial‑in‑confidence unless a person demonstrates to the Minister that:
(a) release of the information would cause competitive detriment to the person; and
(b) the information is not in the public domain; and
(c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and
(d) the information is not readily discoverable.
Repeal the subsection.
Add:
Referral made: taking action while decision making process still going on
(1) A person commits an offence if:
(a) the person takes an action; and
(b) either:
(i) a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister by the person under section 68; or
(ii) a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister under section 69 or 71 and the person has been informed of the referral under section 73; and
(c) the referral has not been withdrawn under section 170C; and
(d) the Minister has not decided under subsection 74A(1) not to accept the referral; and
(e) provisions of this Chapter are not stopped by Division 1A from applying in relation to the referral; and
(f) provisions of this Chapter are not stopped by section 155 from applying because of the referral in relation to the action (or a larger action of which the action is a component); and
(g) no decision that the action (or a larger action of which the action is a component) is not a controlled action is in operation under section 75 in relation to the referral; and
(h) no decision is in operation under Part 9 in relation to the referral approving, or not approving, the taking of the action (or a larger action of which the action is a component).
Penalty: 500 penalty units.
Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.(2) Subsection (1) does not apply to the taking of an action by a person if:
(a) the taking of the action is reasonably necessary in order to comply with a requirement or request made under this Part or Part 8 or 9in relation to the action (or a larger action of which the action is a component); and
(b) before taking the action, the person gave the Minister written notice of the taking of the action; and
(c) the notice was given in accordance with any applicable requirements of the regulations.
Note: A defendant bears an evidential burden in relation to the matters in subsection (1): see subsection 13.3(3) of the
Criminal Code .
Referral requested: taking action before requested referral is made
(3) A person commits an offence if:
(a) the person takes an action; and
(b) the Minister, under section 70, has requested the referral by the personof a proposal to take the action (or a larger action of which the action is a component) to the Minister; and
(c) the request has not been revoked; and
(d) the referral has not been made.
Penalty: 500 penalty units.
Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
Insert:
(1) This Division applies to the referral of a proposal to take an action if, within 20 business days after the Minister receives the referral:
(a) the Minister considers, on the basis of the information in the referral, that it is clear that the action would have unacceptable impacts on a matter protected by a provision of Part 3; and
(b) the Minister decides that this Division should apply to the referral.
(2) If this Division applies to a referral, any other provisions of this Chapter that would, apart from this subsection, have applied to the referral cease to apply to the referral.
(3) Subsection (2) has effect subject to paragraph 74D(6)(a).
(1) As soon as practicable after making the decision under paragraph 74B(1)(b) in relation to a referral, the Minister must give written notice of the decision to:
(a) the person proposing to take the action that is the subject of the referral; and
(b) the person who referred the proposal to the Minister (if that person is not the person proposing to take the action that is the subject of the referral).
(2) The notice must:
(a) state that the Minister considers that the action would have unacceptable impacts on a matter protected by a provision of Part 3; and
(b) set out the reasons for the Minister’s decision.
(3) After receiving the notice under subsection (1), the person proposing to take the action may:
(a) withdraw the referral and take no further action in relation to the proposed action; or
(b) withdraw the referral and refer a new proposal to take a modified action to the Minister in accordance with Division 1; or
(c) request the Minister, in writing, to reconsider the referral.
Note 1: Section 170C sets out the procedure for withdrawing a referral.
Note 2: A referral of a proposal to take a modified action will be a new referral for the purposes of this Chapter.
(1) This section applies if the Minister receives a request under paragraph 74C(3)(c) to reconsider a referral.
Inviting public comment
(2) The Minister must, within 10 business days after receiving the request, publish on the Internet:
(a) a notice stating that the Minister proposes not to approve the taking of the action that is the subject of the referral; and
(b) the reasons for the Minister’s decision; and
(c) an invitation for anyone to give the Secretary, within 10 business days (measured in Canberra), comments in writing on:
(i) the impacts that the action would have on a matter protected by a provision of Part 3; and
(ii) the Minister’s proposal to refuse to approve the taking of the action.
Report about relevant impacts of action
(3) Within 10 business days after the end of the period for comment under paragraph (2)(c), the Secretary must:
(a) prepare a written report about the relevant impacts that the action has or will have, or is likely to have, on a matter protected by a provision of Part 3; and
(b) give the Minister:
(i) the report; and
(ii) a copy of any comments received by the Secretary within the period for comment.
In preparing the report, the Secretary must have regard to the comments referred to in subparagraph (b)(ii).
Decision following reconsideration
(4) Within 20 business days after receiving the report under subsection (3), the Minister must:
(a) if the Minister still considers that it is clear that the action would have unacceptable impacts on a matter protected by a provision of Part 3—decide to refuse to approve the taking of the action; or
(b) decide that the referral is to be dealt with under the provisions of this Chapter that, because of subsection 74B(2), have ceased to apply to the referral.
(5) If the Minister decides to refuse to approve the taking of the action, the Minister must, within 10 business days after making the decision, give notice of the decision to:
(a) the person proposing to take the action; and
(b) the person who referred the proposal to the Minister (if that person is not the person proposing to take the action).
Note: The person proposing to take the action may request reasons for the refusal and the Minister must give them. See section 13 of the
Administrative Decisions (Judicial Review) Act 1977 .(6) If the Minister makes a decision under paragraph (4)(b):
(a) the provisions of this Chapter that, because of subsection 74B(2), have ceased to apply to the referral start to apply to the referral; and
(b) for the purposes of the application of those provisions, a day is not to be counted as a business day if it is:
(i) on or after the day the Minister received the referral; and
(ii) on or before the day the Minister makes the decision under paragraph (4)(b).
Note: If the Minister had already complied with section 74 in relation to the referral before the Minister made the decision under paragraph 74B(1)(b) in relation to the referral, the Minister is not required to comply with section 74 again.
Add:
Note: The Minister may revoke a decision made under subsection (1) about an action and substitute a new decision. See section 78.
Omit “(if any)”.
Add:
Note:
Impact is defined in section 527E.
Insert:
(2A) For the purposes of subsection (2), if the provision of Part 3 is subsection 15B(3), 15C(5), 15C(6), 23(1), 24A(1), 26(1) or 27A(1), then the impacts of the action on the matter protected by that provision are only those impacts that the part of the action that is taken in or on a Commonwealth area, a Territory, a Commonwealth marine area or Commonwealth land:
(a) has or will have; or
(b) is likely to have;
on the matter.
(2B) Without otherwise limiting any adverse impacts that the Minister must consider under paragraph (2)(a), the Minister must not consider any adverse impacts of:
(a) any RFA forestry operation to which, under Division 4 of Part 4, Part 3 does not apply; or
(b) any forestry operations in an RFA region that may, under Division 4 of Part 4, be undertaken without approval under Part 9.
Repeal the subsection (not including the heading), substitute:
(5) The Minister must make the decisions under subsection (1) and, if applicable, the designation under subsection (3), within 20 business days after the Minister receives the referral of the proposal to take the action.
Note: If the Minister decides, under subsection 75(1), that the action is a controlled action, the Minister must, unless the Minister has requested more information under subsection 76(3) or section 89, decide on the approach to be used for assessment of the relevant impacts of the action on the same day as the Minister makes the decision under subsection 75(1)—see subsection 88(2).
Omit “section 76”, substitute “subsection 76(1) or (2)”.
Before “If the Minister”, insert “(1)”.
Note: The heading to section 76 is altered by omitting “
decision ” and substituting “decisions ”.
Add:
(2) Before the Minister makes the decisions under subsection 75(1) in relation to the action, the Minister may request the person proposing to take the action to provide information about whether or not the action is a component of a larger action that is proposed to be taken by the person.
(3) If the Minister believes on reasonable grounds that the information given to the Minister in relation to the action is not enough to allow the Minister to make an informed decision on the approach to be used for assessment of the relevant impacts of the action, the Minister may request the person proposing to take the action to provide specified information relevant to making the decision.
(4) Without limiting subsection (3), if the action is to be taken in a State or self‑governing Territory, the Minister may request the person proposing to take the action to provide information about:
(a) whether the relevant impacts of the action have been, or are being, assessed by the State or Territory; and
(b) if so, the method of assessment that was, or is being, used and what stage the assessment has reached.
(5) The Minister may make a request under subsection (3) even if the Minister has not yet made the decisions under subsection 75(1) in relation to the action.
Repeal the subsection, substitute:
(1) If, in deciding whether the action is a controlled action or not, the Minister has made a decision (the
component decision ) that a particular provision of Part 3 is not a controlling provision for the action because the Minister believes it will be taken in a particular manner, the notice, to be provided under section 77, must set out the component decision, identifying the provision and the manner.Note: The Minister may decide that a provision of Part 3 is not a controlling provision for an action because he or she believes that the action will be taken in a manner that will ensure the action will not have (and is not likely to have) an adverse impact on the matter protected by the provision.
(1A) For the purposes of subsection (1), it does not matter whether or not the Minister believes that the action will be taken in accordance with:
(a) an accredited management arrangement or an accredited authorisation process for the purposes of a declaration under section 33; or
(b) a bioregional plan to which a declaration made under section 37A relates; or
(c) a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of a bilateral agreement.
Insert:
Repeal the paragraphs, substitute:
(b) the following requirements are met:
(i) the first decision was that the action was not a controlled action because the Minister believed the action would be taken in the manner identified under subsection 77A(1) in the notice given under section 77;
(ii) the Minister is satisfied that the action is not being, or will not be, taken in the manner identified; or
(ba) the following requirements are met:
(i) the first decision was that the action was not a controlled action because of a provision of a bilateral agreement and a management arrangement or an authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of the agreement;
(ii) the provision of the agreement no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in force under, or set out in, a law of a State or a self‑governing Territory identified in or under the agreement; or
(c) the following requirements are met:
(i) the first decision was that the action was not a controlled action because of a declaration under section 33 and a management arrangement or an authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration;
(ii) the declaration no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in operation under, or set out in, a law of the Commonwealth identified in or under the declaration; or
(ca) the following requirements are met:
(i) the first decision was that the action was not a controlled action because of a declaration under section 37A and a bioregional plan to which the declaration relates;
(ii) the declaration no longer operates in relation to the action, or the bioregional plan is no longer in force; or
Add:
Note 1: Subsection 75(1) provides for decisions about whether an action is a controlled action and what the controlling provisions for the action are.
Note 2: A person (other than a Minister of a State or self‑governing Territory) may request the Minister to reconsider a decision made under subsection 75(1) about an action on the basis of a matter referred to in any of paragraphs 78(1)(a) to (ca). See section 78A.
Note 3: If the Minister decides to revoke a decision under subsection (1) and substitute a new decision for it, the Minister is not required to carry out the processes referred to in sections 73 and 74 again before making the new decision.
Insert:
(1) A person (other than a Minister of a State or self‑governing Territory) may request the Minister to reconsider a decision made under subsection 75(1) about an action on the basis of a matter referred to in any of paragraphs 78(1)(a) to (ca).
Note: Section 79 deals with requests for reconsideration by a Minister of a State or self‑governing Territory.
(2) A request under subsection (1) must:
(a) be in writing; and
(b) set out the basis on which the person thinks the decision should be reconsidered; and
(c) if the regulations specify other requirements for requests under subsection (1)—comply with those requirements.
(3) If a request is made under subsection (1) in relation to a decision that an action is a controlled action, or that particular provisions are controlling provisions for an action, then:
(a) if the request is made by the designated proponent of the action—Part 8 ceases to apply in relation to the action until the Minister makes a decision in relation to the request; but
(b) if the request is made by another person—the application of Part 8 in relation to the action is not affected by the making of the request (subject to the outcome of the reconsideration).
(4) If:
(a) because of paragraph (3)(a), Part 8 has ceased to apply in relation to an action; and
(b) the Minister confirms the decision that is the subject of the request under subsection (1);
then:
(c) the application of Part 8 in relation to the action resumes (as does any assessment process under that Part that had previously commenced in relation to the action); and
(d) for the purposes of the resumed application of Part 8, a day is not to be counted as a business day if it is:
(i) on or after the day the Minister received the request; and
(ii) on or before the day the Minister confirms the decision.
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
(c) the Australian Heritage Council is taken to have complied with section 324JG of the amended EPBC Act; and
(d) references in the amended EPBC Act to the notice under subsection 324JG(1) are taken to be references to the notice (the
old EPBC Act notice ) published by the Council when complying with subsection 324G(3A) of the old EPBC Act in relation to the assessment of the place; and(e) regulations (if any) referred to in paragraph 324JG(4)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.
(7) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 324G(4) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
(c) the Australian Heritage Council is taken to have complied with subsection 324JH(5) of the amended EPBC Act; and
(d) the reference in paragraph 324JH(2)(b) of the amended EPBC Act to paragraph 324JH(5)(c) is taken to be a reference to paragraph 324G(4)(c) of the old EPBC Act.
(8) If:
(a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 324G of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then that assessment, and any comments given to the Minister by the Council under section 324G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
(c) in accordance with subsection 324JH(1) of the amended EPBC Act in relation to that place; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.
40
Section 324F emergency listings before the heritage commencement time (1) This item applies if, before the heritage commencement time:
(a) a place had been included in the National Heritage List under section 324F of the old EPBC Act at a particular time (the
inclusion time ); and(b) the Minister had not acted under subsection 324J(5) of the old EPBC Act in relation to the continued inclusion of the place in the National Heritage List.
(2) The place is taken, for the purposes of the amended EPBC Act, to have been included in the National Heritage List (the
amended EPBC Act emergency listing of the place ):
(a) under subsection 324JL(1) of the amended EPBC Act; and
(b) at the inclusion time.
(3) If the Minister had, before the heritage commencement time, complied with subsection 324F(5) of the old EPBC Act in relation to the inclusion of the place in the National Heritage List, the Minister is taken to have complied with subsection 324JL(3) of the amended EPBC Act in relation to the amended EPBC Act emergency listing of the place.
(4) If the Minister had given the Chair of the Australian Heritage Council a request under subsection 324F(3) of the old EPBC Act for an assessment of the place, the request is taken, for the purposes of the amended EPBC Act, to be a request:
(a) made under subsection 324JM(1) of the amended EPBC Act; and
(b) that specifies an assessment completion time that is the same as the time the assessment would have become due under section 324G of the old EPBC Act if that section had not been repealed.
(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with a matter relating to the amended EPBC Act emergency listing of the place, any information that was obtained before the heritage commencement time in relation to the inclusion of the place in the National Heritage List under section 324F of the old EPBC Act.
(6) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 324G(3A) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
(c) the Australian Heritage Council is taken to have complied with section 324JN of the amended EPBC Act; and
(d) references in the amended EPBC Act (including as the amended EPBC Act applies because of section 324JO of the amended EPBC Act) to the notice under subsection 324JN(1) are taken to be references to the notice (the
old EPBC Act notice ) published by the Council when complying with subsection 324G(3A) of the old EPBC Act in relation to the assessment of the place; and(e) regulations (if any) referred to in paragraph 324JN(3)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.
(7) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 324G(4) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
(c) the Australian Heritage Council is taken to have complied with subsection 324JH(5) of the amended EPBC Act (as that subsection applies because of section 324JO of the amended EPBC Act); and
(d) the reference in paragraph 324JH(2)(b) of the amended EPBC Act (as that paragraph applies because of section 324JO of the amended EPBC Act) to paragraph 324JH(5)(c) is taken to be a reference to paragraph 324G(4)(c) of the old EPBC Act.
(8) If:
(a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 324G of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then that assessment, and any comments given to the Minister by the Council under section 324G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
(c) in accordance with subsection 324JH(1) of the amended EPBC Act (as that subsection applies because of section 324JO of the amended EPBC Act) in relation to that place; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.
41
Changes to section 324F emergency listings not published etc. before the heritage commencement time If, before the heritage commencement time:
(a) under subsection 324J(5) of the old EPBC Act, the Minister removed from the National Heritage List a place or a National Heritage value of a place, or altered the boundary of a place included in the List; and
(b) the Minister had not complied with subsection 324J(7) of the old EPBC Act in relation to the removal or alteration;
then despite the repeal of subsections 324J(7) and (9) of the old EPBC Act, those subsections continue to apply after the heritage commencement time in relation to the removal or alteration as if the repeal had not happened.
42
Section 341E nominations made before the heritage commencement time (1) This item applies if, before the heritage commencement time:
(a) a place had been nominated under section 341E of the old EPBC Act; and
(b) the Minister had not decided whether to include the place in the Commonwealth Heritage List.
(2) The nomination is taken to have been made, for the purposes of the amended EPBC Act, in response to the invitation under section 341H of the amended EPBC Act in relation to the first assessment period for the Commonwealth Heritage List.
(3) The regulations referred to in paragraph 341H(3)(b) and (c) of the amended EPBC Act are taken to have been complied with in relation to the nomination.
Note: For a place to have been nominated under section 341E of the old EPBC Act, the nomination will have had to have been made in accordance with the regulations made for the purposes of that section.
(4) If, before the heritage commencement time, the Minister had requested the Australian Heritage Council to assess the place, the Minister is taken, for the purposes of section 341J of the amended EPBC Act, to have given the nomination to the Australian Heritage Council in relation to the first assessment period for the Commonwealth Heritage List.
Note 1: If under this subitem the Minister is taken, for the purposes of section 341J of the amended EPBC Act, to have given the nomination to the Australian Heritage Council, the Council must then decide whether to include the place on the proposed priority assessment list for the first assessment period (see section 341JA of the amended EPBC Act).
Note 2: If, before the heritage commencement time, the Minister had not requested the Australian Heritage Council to assess the place, section 341J of the amended EPBC Act requires the Minister to give the nomination to the Australian Heritage Council together with the other nominations in relation to the first assessment period.
(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with the nomination, any information that was obtained in relation to the nomination under the old EPBC Act.
(6) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
(c) the Australian Heritage Council is taken to have complied with section 341JF of the amended EPBC Act; and
(d) references in the amended EPBC Act to the notice under subsection 341JF(1) are taken to be references to the notice (the
old EPBC Act notice ) published by the Council when complying with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and(e) regulations (if any) referred to in paragraph 341JF(4)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.
(7) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(4) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
(c) the Australian Heritage Council is taken to have complied with subsection 341JG(5) of the amended EPBC Act; and
(d) the reference in paragraph 341JG(2)(b) of the amended EPBC Act to paragraph 341JG(5)(c) is taken to be a reference to paragraph 341G(4)(c) of the old EPBC Act.
(8) If:
(a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 341G of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then that assessment, and any comments given to the Minister by the Council under section 341G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
(c) in accordance with subsection 341JG(1) of the amended EPBC Act in relation to that place; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.
43
Section 341F emergency listings before the heritage commencement time (1) This item applies if, before the heritage commencement time:
(a) a place had been included in the Commonwealth Heritage List under section 341F of the old EPBC Act at a particular time (the
inclusion time ); and(b) the Minister had not acted under subsection 341J(5) of the old EPBC Act in relation to the continued inclusion of the place in the Commonwealth Heritage List.
(2) The place is taken, for the purposes of the amended EPBC Act, to have been included in the Commonwealth Heritage List (the
amended EPBC Act emergency listing of the place ):
(a) under subsection 341JK(1) of the amended EPBC Act; and
(b) at the inclusion time.
(3) If the Minister had, before the heritage commencement time, complied with subsection 341F(5) of the old EPBC Act in relation to the inclusion of the place in the Commonwealth Heritage List, the Minister is taken to have complied with subsection 341JK(3) of the amended EPBC Act in relation to the amended EPBC Act emergency listing of the place.
(4) If the Minister had given the Chair of the Australian Heritage Council a request under subsection 341F(3) of the old EPBC Act for an assessment of the place, the request is taken, for the purposes of the amended EPBC Act, to be a request:
(a) made under subsection 341JL(1) of the amended EPBC Act; and
(b) that specifies an assessment completion time that is the same as the time the assessment would have become due under section 324G of the old EPBC Act if that section had not been repealed.
(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with a matter relating to the amended EPBC Act emergency listing of the place, any information that was obtained before the heritage commencement time in relation to the inclusion of the place in the Commonwealth Heritage List under section 341F of the old EPBC Act.
(6) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
(c) the Australian Heritage Council is taken to have complied with section 341JM of the amended EPBC Act; and
(d) references in the amended EPBC Act (including as the amended EPBC Act applies because of section 341JN of the amended EPBC Act) to the notice under subsection 341JM(1) are taken to be references to the notice (the
old EPBC Act notice ) published by the Council when complying with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and(e) regulations (if any) referred to in paragraph 341JM(3)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.
(7) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(4) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
(c) the Australian Heritage Council is taken to have complied with subsection 341JG(5) of the amended EPBC Act (as that subsection applies because of section 341JN of the amended EPBC Act); and
(d) the reference in paragraph 341JG(2)(b) of the amended EPBC Act (as that paragraph applies because of section 341JN of the amended EPBC Act) to paragraph 341JG(5)(c) is taken to be a reference to paragraph 341G(4)(c) of the old EPBC Act.
(8) If:
(a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 341G of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then that assessment, and any comments given to the Minister by the Council under section 341G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
(c) in accordance with subsection 341JG(1) of the amended EPBC Act (as that subsection applies because of section 341JN of the amended EPBC Act) in relation to that place; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.
44
Changes to section 341F emergency listings not published etc. before the heritage commencement time If, before the heritage commencement time:
(a) under subsection 341J(5) of the old EPBC Act, the Minister removed from the Commonwealth Heritage List a place or a Commonwealth Heritage value of a place, or altered the boundary of a place included in the List; and
(b) the Minister had not complied with subsection 341J(7) of the old EPBC Act in relation to the removal or alteration;
then despite the repeal of subsections 341J(7) and (9) of the old EPBC Act, those subsections continue to apply after the heritage commencement time in relation to the removal or alteration as if the repeal had not happened.
45
Plans in force under subsection 324S(1) before the heritage commencement time Despite the repeal of subsection 324S(1) of the old EPBC Act:
(a) a plan that:
(i) was made under that subsection of the old EPBC Act; and
(ii) was in force immediately before the heritage commencement time;
continues in effect after the heritage commencement time as if it had been made under subsection 324S(1) of the amended EPBC Act; and
(b) an obligation that the Minister had, immediately before the heritage commencement time, to make a plan under that subsection of the old EPBC Act continues after the heritage commencement time as if it were an obligation under subsection 324S(1) of the amended EPBC Act.
The amendment made by 599 of the amending Schedule applies in relation to management plans approved by the Minister under section 370 of the EPBC Actafter the commencement of that item.
The amendment made by 600 of the amending Schedule applies in relation to management plans approved by the Minister under section 370 of the EPBC Actafter the commencement of that item.
The repeal and substitution of subsection 379(1) of the EPBC Actby item 601 of the amending Schedule applies in relation to appointments made after the commencement of that item.
Subsection 382(1A) of the EPBC Act, as inserted by item 603of the amending Schedule, applies after the commencement of that item in relation to members of Boards, whether appointed before or after the commencement of that item.
50 Amendments do not apply to things seized, or warrants issued, before commencement of amending items Subject to this Part, an item of the amending Schedule that amends or repeals a provision of Part 17 of the EPBC Act does not apply in relation to a thing seized, or a warrant issued, before the commencement of that item.
The amendment made by item 739of the amending Schedule applies to things forfeited, whether before or after the commencement of that item.
An approval in force under section 453 of the EPBC Act immediately before the commencement of item 742 of the amending Schedule has effect after that commencement as if it related to organisms and specimens.
The amendment made by item 763of the amending Schedule applies to applications to the Federal Court for an injunction that are made after the commencement of that item.
54
Amendments of offence etc. provisions do not apply to actions and omissions that occurred before commencement of amending items An item of the amending Schedule that:
(a) amends, repeals, or otherwise affects the scope of a provision of the EPBC Act that is an offence provision or a civil penalty provision; or
(b) inserts a provision into the EPBC Act that is an offence provision or a civil penalty provision;
does not apply to an act or omission that occurred before the commencement of that item.
55 Application of amendments made by items 168 and 169 The amendments made by items 168 and 169of the amending Schedule do not apply to bilateral agreements entered into before the commencement of those items.
56 Application of amendments made by items 386 etc. The amendments made by items 386, 387, 388, 413, 414, 415, 446, 447, 448, 463, 464, 465, 528, 529, 530, 531, 758, 759, 760, 761 and 762 of the amending Schedule do not apply in relation to any decision made under the EPBC Act before the commencement of those items.
57 Application of amendments made by items 788 etc. The amendments made by items 788, 796, 798, 800, 817, 827 and 834of the amending Schedule do not affect the validity of any decision made or action taken under the EPBC Act, or regulations made under that Act, before the commencement of those items.
58 Regulations may deal with transitional, saving or application matters (1) The Governor‑General may make regulations dealing with matters of a transitional, saving or application nature relating to amendments made by this Act.
(2) Despite subsection 12(2) of the
Legislative Instruments Act 2003 , regulations made under this item may be expressed to take effect from a date before the regulations are registered under that Act.
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