Overview

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 enacted to address the need for expert scientific advice in managing the environmental impacts of coal seam gas and large coal mining developments. This Act was proclaimed on 9 November 2012 and was issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities. The Act was established in response to the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development, aiming to facilitate the establishment of an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (the Committee). The policy objective is to ensure that the appropriate Minister of a declared jurisdiction can refer relevant project development proposals to the Committee for review and scientific advice, particularly concerning significant impacts on water resources. The Act outlines the roles, functions, and membership requirements for the Committee, enabling the appropriate Minister of a declared jurisdiction to seek scientific advice on coal seam gas and large coal mining developments. This legislative instrument, which is machinery in nature, does not require consultation and does not engage any of the applicable rights or freedoms, while being compatible with the human rights and freedoms recognised in international instruments. The declaration of states or territories under section 505E of the Environment Protection and Biodiversity Act 1999 (Cth) allows for the referral of project proposals for scientific review, thereby facilitating informed decision-making and mitigating potential environmental risks.

Scope and Application

The Environment Protection and Biodiversity Conservation Declared State or Territory Declaration 2012, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, is an instrument that operates within the framework of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). This legislative instrument specifically pertains to the establishment of an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development, whose roles and functions are outlined in the Act. The Committee's purpose is to provide scientific advice and review to state or territory governments on projects that may have significant environmental impacts, particularly concerning water resources. The Act applies to the appropriate Ministers of states or self-governing territories that are signatories to the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development. As of the proclamation date, New South Wales, Victoria, Queensland, and South Australia have been declared under this instrument. The geographic reach of this Act is national, with specific application to the declared jurisdictions, allowing these states to refer project proposals to the Committee for review and seek scientific advice on specified matters. This legislative instrument is purely machinery in nature, and does not require consultation as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012, as proclaimed on 9 November 2012, establishes an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (the Committee) under section 505E(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act). This Act outlines the roles, functions, and membership requirements for the Committee, which is intended to provide scientific advice on coal seam gas and large coal mining developments that may significantly impact water resources in certain jurisdictions. Specifically, the Committee is tasked with providing advice to appropriate Ministers of declared states or territories within two months of a request (section 505D(1)(b)) and can also offer scientific advice on specified matters if the Committee has sufficient expertise and the request is accompanied by written agreement from the Environment Minister (section 505D(2)(b)). The Act imposes obligations on the parties involved, particularly the Minister, who must ensure that a jurisdiction is a signatory to the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development at the time of making the declaration (section 505E(2)). Once a state or self-governing territory is declared, the appropriate Minister of the declared jurisdiction gains the ability to refer project development proposals to the Committee for review and scientific advice. This declaration also allows the appropriate minister to seek scientific advice from the Committee regarding specified matters. Breaches of the obligations and requirements set forth in the Act do not explicitly outline specific offences, penalties, or civil/criminal consequences within the text. However, it is understood that failure to adhere to the processes and requirements laid out in the EPBC Act and this amending Act could lead to legal consequences as per the broader provisions of the EPBC Act. The EPBC Act, for instance, contains various sections that impose penalties for non-compliance, including fines and imprisonment, depending on the severity of the breach. The precise penalties would be determined by the courts based on the specific circumstances of any non-compliance. The legislative instrument is machinery in nature, meaning it does not engage any of the applicable rights or freedoms and 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 also a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on 9 November 2012. As of that date, the declared states or territories include New South Wales, Victoria, Queensland, and South Australia.