EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation DECLARED STATE OR TERRITORY DECLARATION 2012

Instrument under section 505E(1)

(Issued under the Authority of the Minister for Sustainability,
Environment, Water, Population and Communities)

The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012(the Act) was proclaimed on 9 November 2012.

The Act establishes an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (the Committee) and sets out the roles, functions and membership requirements for appointments to the Committee by the Minister. Establishment of the Committee was an action agreed by jurisdictions who are party to the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development (the Agreement).

Section 505E(1) of the Environment Protection and Biodiversity Act 1999 (Cth) (the EPBC Act) allows the Minister to declare by legislative instrument, a specified state or self-governing territory.  Section 505E(2) of the EPBC Act requires that the Minister may only declare a state or self governing territory if it is a signatory to the Agreement at the time of making the declaration as per Schedule A below.

The effect of declaration of a state or non-self governing territory by the Minister is that the appropriate Minister of the declared jurisdiction may refer relevant project development proposals to the Committee for review and scientific advice (section 505D(1)(b)).  Similarly declaration allows the appropriate minister of a declared jurisdiction to seek scientific advice from the Committee in relation to specified matters (section 505D(2)(b)).

Section 505D of the EPBC Act refers to the functions of the Committee, and in particular, 505D(1)(b) states that

“within 2 months of a request by an appropriate Minister of a declared State or Territory – provide scientific advice to the Minister in relation to proposed coal seam gas developments or large coal mining developments in the relevant State or Territory that are likely to have a significant impact on water resources”.

Further section 505D(2)(b) states that

“at the request of the appropriate Minister of a declared State or Territory and with the written agreement of the Environment Minister—to provide scientific advice to the Minister of the State or Territory in relation to the matters specified in the request, if the Committee has sufficient scientific expertise.”

Consultation was unnecessary for this legislative instrument as this instrument is machinery in 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.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.  This declaration commences on 9 November 2012.

SCHEDULE A

Declared State or Territory as of 9 November 2012

1. New South Wales
2. Victoria
3. Queensland
4. South Australia