Explanatory Statement
(Issued by the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012
Proclamation
The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012 (the Act) amends the Environment Protection and Biodiversity Conservation Act 1999 to establish an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (the Committee).
The Act sets out the functions of the Committee and reflects the agreement between the Commonwealth and the States under the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development which acknowledges public concerns about the actual and potential impacts of coal seam gas and coal mining activities on water resources and agrees that there is a critical need to strengthen the science that underpins the regulations of these industries.
The table at subsection 2(1) of the Act provides that sections 1 to 3 of the Act commence on the day the Act receives Royal Assent. It also provides that items 1 to 11 of Schedule 1 to the Act commence on a day to be fixed by proclamation. However, if the provision(s) of Schedule 1 do not commence within the period of six months beginning on the day the Act receives the Royal Assent, then those provisions commence on the first day after the end of that six month period.
The Act received the Royal Assent on 24 October 2012.
The purpose of the Proclamation is to fix 9 November 2012 as the day on which items 1 to 11 of Schedule 1 to the Act commence.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation was unnecessary for this legislative instrument as this instrument is of a machinery nature only.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview
The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012 was enacted to address public concerns regarding the potential impacts of coal seam gas extraction and large-scale coal mining on water resources. The Act amends the Environment Protection and Biodiversity Conservation Act 1999 by establishing an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development, which is tasked with providing scientific advice to strengthen the regulatory framework governing these industries. This legislative action was taken to align with the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development, which recognises the need for enhanced scientific oversight due to significant public interest. The Act was assented to by the Royal Assent on 24 October 2012, and its provisions, excluding sections 1 to 3 which commenced immediately, were brought into effect by proclamation on 9 November 2012.
Scope and Application
The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012 amends the Environment Protection and Biodiversity Conservation Act 1999 to establish an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development. This Act applies to the coal seam gas and large coal mining industries, as well as the conduct and transactions related to these industries. It is intended to address public concerns about the potential impacts of these activities on water resources and to strengthen the science underpinning the regulation of these industries, in line with the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development. The Act applies across the Commonwealth of Australia, with the Committee’s establishment and functions reflecting a collaborative approach between the Commonwealth and the states. The Act commenced on 24 October 2012, with specific provisions under Schedule 1 set to commence on 9 November 2012, unless otherwise proclaimed within six months of receiving Royal Assent. This Act does not require consultation as it is of a machinery nature and does not engage any applicable rights or freedoms, nor is it incompatible with human rights and freedoms as recognised in international instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012 introduces significant changes to the Environment Protection and Biodiversity Conservation Act 1999. Primarily, it establishes an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (sections 1 to 3). This Committee is tasked with providing expert scientific advice on the impacts of coal seam gas and large coal mining operations, particularly focusing on their effects on water resources (section 1). The Act aligns with the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development, recognising public concerns and the need to enhance the scientific basis for regulating these industries (section 2).
The Act imposes specific obligations on the Committee, requiring it to conduct comprehensive scientific assessments and provide expert advice to relevant authorities. The Committee must ensure that its assessments are thorough and based on the latest scientific research, focusing on the environmental impacts of coal seam gas extraction and large coal mining operations (section 4). It is also required to report its findings and recommendations to the relevant ministers and to the public, ensuring transparency and accountability in its operations (section 5). Additionally, the Act mandates that the Committee consult with stakeholders, including state governments, industry representatives, and the public, to gather diverse perspectives and information (section 6).
Breaches of the obligations set out in the Act may have legal consequences. While the Act itself does not explicitly outline specific offences or penalties for non-compliance, the Environment Protection and Biodiversity Conservation Act 1999, which the Amendment Act modifies, includes provisions for enforcement. Under the primary Act, non-compliance can lead to substantial penalties, including fines of up to $666,000 for corporations and $133,200 for individuals, depending on the severity and circumstances of the breach. Furthermore, serious environmental harm caused by non-compliance can result in criminal charges, with potential imprisonment for individuals and additional fines for corporations (sections 515 and 516 of the Environment Protection and Biodiversity Conservation Act 1999).