Climate Change Authority Act 2011 - Proclamation

Overview

The Climate Change Authority Act 2011 was enacted to establish the Climate Change Authority, which is responsible for overseeing and reviewing various mechanisms and systems related to climate change and energy efficiency in Australia. This Act was introduced to address the need for an independent body to conduct major reviews of the carbon pricing mechanism, the National Greenhouse and Energy Reporting System, the Renewable Energy Target, the Carbon Farming Initiative and other requested reviews. The Act was enacted by the Parliament of Australia to provide a legislative framework for these reviews and to ensure accountability and transparency in the implementation of climate change policies. The policy objective of the Act is to facilitate the effective functioning of the carbon pricing mechanism and other related systems by providing for regular and independent reviews. The Proclamation issued under the Act fixes the commencement date for certain sections of the Act to 9 December 2011. This timing is crucial to allow for the establishment of the Climate Change Authority and the Land Sector Carbon and Biodiversity Board, including the appointment of members, before these bodies commence their operations. Other sections of the Act, including those concerned with the carbon pricing mechanism, will commence on 1 July 2012. The Proclamation ensures that the necessary legislative provisions are in place to enable the timely establishment and functioning of these important regulatory bodies.

Scope and Application

The Climate Change Authority Act 2011 establishes the Climate Change Authority, which is tasked with overseeing major reviews of various environmental mechanisms and initiatives, including the carbon pricing mechanism, the National Greenhouse and Energy Reporting System, the Renewable Energy Target, and the Carbon Farming Initiative. The Act applies to these mechanisms and initiatives, ensuring that they are regularly reviewed to assess their effectiveness and impact. Additionally, it establishes the Land Sector Carbon and Biodiversity Board, responsible for the administration of the carbon pricing mechanism's land sector, including the allocation and trading of carbon credits. The Act applies to the Board, governing its establishment, operation, and the appointment of its members. Geographically, the Act extends to the Commonwealth of Australia, its external territories, the exclusive economic zone, the continental shelf, and the Joint Petroleum Development Area. Sections 1 and 2 of the Act, which include the short title and commencement, took effect on the day the Act received Royal Assent. The commencement of sections 4 to 9, along with Parts 4 and 5, is fixed by Proclamation to 9 December 2011, while sections 3, and Parts 2 and 3, are set to commence on 1 July 2012, aligning with the start of the carbon pricing mechanism. This ensures that the Authority and the Board are operational and ready to undertake their responsibilities at the appropriate times.

Key Provisions

The Climate Change Authority Act 2011 (the "Act") is structured to facilitate the establishment and operation of the Climate Change Authority and the Land Sector Carbon and Biodiversity Board. Sections 4 to 9 of the Act, which concern definitions, the application of the Act to the Crown, and the extension of the Act to external Territories, the exclusive economic zone, continental shelf, and the Joint Petroleum Development Area, will commence on 9 December 2011 as per the Proclamation issued under the Act. This timing is critical as it ensures that these foundational provisions are in place to support the functioning of the Authority and the Board, which are integral to the carbon pricing mechanism and related initiatives. Parts 4 and 5 of the Act, which include provisions on the establishment and operation of the Land Sector Carbon and Biodiversity Board, will also commence on the same day. The Act imposes several obligations on the parties it governs. For instance, it mandates the Climate Change Authority to conduct and complete major reviews of the carbon pricing mechanism, the National Greenhouse and Energy Reporting System, the Renewable Energy Target, the Carbon Farming Initiative, and other requested reviews. Additionally, it establishes the Land Sector Carbon and Biodiversity Board and outlines the procedures for the appointment of its members. The Act also extends its application to the Crown and various external territories, ensuring a comprehensive regulatory framework. Failure to comply with the provisions of the Act can lead to several consequences. While the Act itself does not explicitly detail the offences, penalties, or civil/criminal consequences for breach, it is reasonable to infer that breaches could lead to legal actions under the general principles of administrative law and relevant statutes. The Clean Energy Act 2011, which is part of the same legislative package, does provide for penalties for non-compliance with certain provisions, such as fines and imprisonment terms, indicating a stringent approach to enforcement within this regulatory framework. The maximum penalties can vary based on the nature and severity of the breach, but they underscore the importance of adherence to the Act's provisions.