Financial Framework (Supplementary Powers) Amendment (Climate Change, Energy, the Environment and Water Measures No. 1) Regulations 2022

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

Financial Framework (Supplementary Powers) Amendment

(Climate Change, Energy, the Environment and Water Measures No. 1) Regulations 2022

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies. The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations). The powers in the FF(SP) Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by Ministers and the accountable authorities of non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.

The Principal Regulations are exempt from sunsetting under section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (item 28A). If the Principal Regulations were subject to the sunsetting regime under the Legislation Act 2003, this would generate uncertainty about the continuing operation of existing contracts and funding agreements between the Commonwealth and third parties (particularly those extending beyond 10 years), as well as the Commonwealth’s legislative authority to continue making, varying or administering arrangements, grants and programs.

Additionally, the Principal Regulations authorise a number of activities that form part of intergovernmental schemes. It would not be appropriate for the Commonwealth to unilaterally sunset an instrument that provides authority for Commonwealth funding for activities that are underpinned by an intergovernmental arrangement. To ensure that the Principal Regulations continue to reflect government priorities and remain up to date, the Principal Regulations are subject to periodic review to identify and repeal items that are redundant or no longer required.

Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations. Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations. Section 32D of the FF(SP) Act confers powers of delegation on Ministers and the accountable authorities of non-corporate Commonwealth entities, including subsection 32B(1) of the Act. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Financial Framework (Supplementary Powers) Amendment (Climate Change, Energy, the Environment and Water Measures No. 1) Regulations 2022 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities administered by the Department of Climate Change, Energy, the Environment and Water.

Funding is provided for:

payments to the International Whaling Commission (IWC) to enhance Australia’s leadership in the IWC by paying financial contributions to aid the IWC’s recovery and build its whale conservation expertise and agenda ($1.5 million in 2023-24);
the National Biodiversity Market initiative to address specific capability gaps in order to help establish an efficient and effective legislated national biodiversity market ($46.7 million over eleven years from 2022-23);
the Reef Guardian Councils and Coastal Marine Ecosystems Research Centre initiatives of the Protecting the Great Barrier Reef and securing reef jobs program (the program). The program aims to protect, restore and conserve the Great Barrier Reef ($32.5 million in administered funding over four years from 2022-23);
the ReMade in Australia scheme to establish and promote the trade marked ‘ReMade in Australia’ brand ($8.2 million in administered funding over four years
from 2022-23);
the Saving Native Species program to provide funding for activities to protect and support the recovery of Australian plant and animal species, and places
($145.6 million in administered funding over four years from 2022-23); and
the Engaging with First Nations Peoples on Climate Change initiative to establish the Torres Strait Climate Change Centre of Excellence to build the capability and capacity of Torres Strait Islander and other First Nations communities to respond to climate change ($15.9 million over four years from 2022-23).

Details of the Regulations are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commence on the day after registration on the Federal Register of Legislation.

Consultation

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Climate Change, Energy, the Environment and Water.

A regulation impact statement is not required as the Regulations only apply to non‑corporate Commonwealth entities and do not adversely affect the private sector.

Details of the Financial Framework (Supplementary Powers) Amendment

(Climate Change, Energy, the Environment and Water Measures No. 1) Regulations 2022

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Climate Change, Energy, the Environment and Water Measures No. 1) Regulations 2022.

Section 2 – Commencement

This section provides that the Regulations commence on the day after registration on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Regulations are made under the Financial Framework (Supplementary Powers) Act 1997.

Section 4 – Schedules

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedule to the Regulations.

Schedule 1 – Amendments

Financial Framework (Supplementary Powers) Regulations 1997

Item 1 – In the appropriate position in Part 4 of Schedule 1AB (table)

This item adds six new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on certain activities that would be administered by the Department of Climate Change, Energy, the Environment and Water (the department).

New table item 579 establishes legislative authority for the Government to provide payments to the International Whaling Commission (IWC) to enhance Australia’s leadership in the IWC by paying financial contributions to aid the IWC’s financial sustainability and build its whale conservation expertise and agenda.

The initiative will strengthen Australia’s international leadership to protect whales, which is consistent with the Government’s International Environmental Leadership election commitment. Australia is an influential member of the IWC with decades-long leadership opposing commercial whaling contributing directly to a whaling-free Southern Ocean and a decline in commercial whaling around the world.

Although Australia has strong domestic protections in place for the 45 species of cetaceans that rely on our waters, most of these species are migratory and many of the threats to their survival are complex global issues, meaning international engagement is critical to fully protect them. In addition to commercial whaling, cetaceans that rely on Australian waters are under pressure outside of Australian waters from a growing range of other threats throughout their range, including fisheries bycatch, underwater anthropogenic noise, entanglement, vessel strikes, and impacts of climate change, reduction in food sources, chemical and waste contamination, and poorly regulated tourism.

The IWC, established in 1946 has 88 member countries and is the only global body responsible for the management and conservation of whales. The International Convention for the Regulation of Whaling recognises three types of whaling: commercial, special permit (or ‘scientific’), and aboriginal subsistence whaling.

A one-off grant funding of $0.8 million in 2023-24 will be provided to the IWC to aid the organisation’s financial sustainability and build its whale conservation expertise and agenda.

Funding of $0.5 million will support the IWC’s conservation fund to increase the credibility and reach of the IWC’s conservation agenda, and ensure it remains core business for the organisation despite opposition from pro-whaling members. The funds would contribute to:

support research and actions to address the impacts of bycatch and climate change, including via the Australian-led Southern Ocean Research Partnership;
develop an IWC database to improve international cetacean data sharing between its 88 member countries. The IWC conservation database is hosted by the IWC Secretariat, and will not feature Australian branding. The Secretariat has in-house expertise that has commenced work on a pilot database. Australian funding will support retaining this expertise to finalise the database for use by the IWC’s membership, contributing to hosting, server, security and data protection costs, and additional IT support and expertise to increase the sophistication and capability of the database;
support implementation of five conservation management plans for vulnerable cetacean populations;
support an annual webinar on IWC conservation programs and processes for interested parties and stakeholders; and
support positions in the IWC’s Secretariat to manage conservation programs and support the IWC’s Conservation Committee.

Funding of $0.3 million will contribute to the IWC’s general fund for organisation running costs to support the IWC through a financial crisis that could see it collapse if not rectified. The funds will ensure the IWC and its Secretariat can continue to operate and improve cash flow while Australia works as chair of the Budgetary Sub-committee to implement a budget reform strategy and balanced budget to ensure long-term financial sustainability.

The department will deliver the initiative through a one-off grant payment to the IWC. The IWC is the only global body responsible for the conservation and management of whales, and as such there are no alternative recipients who could deliver the desired outcomes for Australia.

The grant will be administered in accordance with the Commonwealth resource management framework, including the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Commonwealth Grants Rules and Guidelines 2017 (CGRGs).

Grant opportunity guidelines will be developed for the IWC and information about the grants will be made available on the GrantConnect website (www.grants.gov.au), and the website of the department.

A funding agreement will be developed between the department and the IWC to administer the one-off grant. The department will administer the grant payment directly to the IWC, in line with the key principles for grants administration established by the CGRGs. The department will nominate the general areas on which funds should be spent (earmark), however the specific individual projects will be agreed by the Commission’s membership. The projects will be delivered exclusively by the IWC or parties contracted by the IWC.

The Minister for the Environment and Water (the Minister) will be the final decision-maker on the Commonwealth expenditure based on recommendations made from departmental officials.

Independent merits review of decisions made in connection with the payment would not be considered appropriate as these decisions will relate to the allocation of finite resources and an allocation already made to a party would be affected by overturning the original decision. The Administrative Review Council (ARC) has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide What decisions should be subject to merit review? (ARC’s guide)).

In addition, the review and audit process undertaken by the Australian National Audit Office (ANAO) also provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may also be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.

The department consulted with Commonwealth entities and non-government organisations, including marine mammal science and policy organisations on the work of the IWC. Generally, conservation non-government organisations support the work of the IWC and efforts to maintain leadership and progress Australia’s whale conservation agenda. NGOs engage with the IWC, some as official observers, to prosecute their interests in cetacean conservation. The department will continue to consult with the IWC on an ongoing basis to ensure the design and implementation of individual projects are consistent with the initiative’s objective.

Funding of $1.5 million in 2023-24 for the initiative is included in the 2022-23 October Budget under the measure ‘Marine Parks Management’. Details are set out in Budget October 2022-23, Budget Measures, Budget Paper No. 2 at page 65.

Funding for this item will come from Program 2.1: Sustainable Management of Natural Resources and the Environment, which is part of Outcome 2. Details are set out in Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.3, Climate Change, Energy, the Environment and Water Portfolio at pages 25 and 54.

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (Section 51(xxix)) of the Constitution.

External affairs power

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation with respect to matters concerning Australia’s relations with other nations. The external affairs power also supports legislation with respect to matters or things outside the geographical limits of Australia.

The proposed expenditure is directed at supporting the IWC, an international organisation that protects whales outside the geographical limits of Australia.

New table item 580 establishes legislative authority for government spending on the National Biodiversity Market initiative (the initiative), which addresses specific capability gaps in order to help establish an efficient and effective legislated national biodiversity market.

The 2021 State of the Environment Report found Australia’s environment is poor and getting worse. Significant investment in conservation and restoration is needed to reverse this decline. The Australian Government will need to mobilise private investment to assist in the restoration task. While the private sector is increasingly interested in valuing the environment and investing in nature-based solutions, there is no effective mechanism to facilitate this investment.

The Australian Government will establish a national biodiversity market to encourage new private investment in nature. This nature repair market will deliver benefits for landholders, investors and the environment through properly rewarding the restoration and protection of biodiversity.

A market will make it easier for companies and others to invest in biodiversity and to drive biodiversity improvements across Australia. The Government is proposing a market that would be open to all landholders to participate including First Nations’ people, conservation groups and the agricultural sector.

Environmental markets have the capacity to create jobs and business opportunities, including in regional and remote areas, through demand for expert advice, materials and labour.

From 2022-23, the Government is investing $46.7 million over 11 years to address key capability gaps to help establish a national biodiversity market. This will be achieved through:

delivering better information for biodiversity markets. Better and more secure information and models for credible, transparent and standardised assessment of biodiversity benefits;
enhancing capability for environmental market projects. Funding for on-ground support to landholders to participate in carbon and biodiversity markets;
delivering the Geospatial Project Development and Market Platform. An expanded geospatial project platform to support project planning, purchasing and transparency, making it easier for landholders and buyers to participate; and
improving high-integrity, cost-efficient monitoring of biodiversity. Improved methods for low-cost monitoring of biodiversity projects, through targeted funding for remote sensing and other innovations.

Delivering better information for biodiversity markets

This measure will start to address gaps highlighted by the on-ground agriculture stewardship and environmental economic accounts pilots, and respond to other priority use cases from across the portfolio and private sector. The measure will invest in improving the resolution, accuracy, accessibility and governance of priority national models and datasets, through activities such as identifying and verifying reference sites to benchmark remote sensing information, expert elicitation, and the review and refinement of new methodologies. The measure will also set a pathway to provide the market with confidence in the baseline biodiversity data.

Funding will deliver a consistent, repeatable and cost-efficient nationally-consistent habitat condition assessment and reporting capability and other key models and inputs for biodiversity assessment under the market. Funding will be provided to research organisations as well as support expert contractors in the department.

Enhanced capability on Carbon+Biodiversity projects

Funding will be provided to enable organisations around the country, including Natural Resource Management (NRM) organisations, to provide on-the-ground support to landholders in developing, registering, and implementing carbon and biodiversity projects. Organisations would be funded to improve their capability and understanding of environmental markets and to directly support landholders to successfully undertake carbon and biodiversity projects.

Geospatial Project Development and Market Platform

The National Biodiversity Stewardship Trading Platform was previously trialled and commenced operation in December 2021. This measure would go beyond those trials, developing a geospatial project development and market platform. It would incorporate more automated and user-friendly planning and trading by the private sector and landholders.

Improving high integrity cost efficient monitoring of biodiversity improvement

Assessment and monitoring of biodiversity improvements can be expensive, as it requires periodic on-ground site visits from specialists and individual level judgements. Straightforward, cost effective, reliable and trusted monitoring approaches will be fundamental to supporting participation in the market. Funding will support the development of new approaches to enable cost-effective monitoring of improvements in habitat and biodiversity at the project and landscape level. Approaches could involve combinations of existing, new or emerging technologies like satellite-based radar or lidar, drones and automated interpretation of photos taken from the ground.

The department will deliver the initiative through grant or procurement processes in accordance with the Commonwealth resource management framework, including the PGPA Act, the CGRGs and the Commonwealth Procurement Rules (CPRs).

Where grants are involved, grant opportunity guidelines will be developed, including eligibility and assessment criteria and will be published if necessary. Grants Hubs will be used to facilitate the process as appropriate. Where procurement processes are involved, the department will develop information in accordance with the CPRs, and relevant information will be published on AusTender at www.tenders.gov.au as required. Grants funding decisions or procurement details will be made publicly available, as appropriate.

All spending decisions will be made by the Minister or delegated to a Senior Executive Service (SES) officer of the department who would have the relevant expertise in, and understanding of, persons with sufficient expertise in that subject matter, and able to perform relevant functions in accordance with the Commonwealth resource management framework.

Under the Delivering better information for biodiversity markets measures and Enhanced capability for environmental markets projects measures, it is anticipated that funding components will be provided through a mixture of grants and procurements.

Under the Geospatial Project Development and Market Platform measure, funding will be provided for a supplier to build the full operational platform following the Government’s trials of the National Biodiversity Stewardship Trading Platform. This process is being managed by the department through a procurement process in accordance with the CPRs.

Under the Improving high integrity cost efficient monitoring of biodiversity improvement measure, it is anticipated that this will be delivered through a mix of competitive and targeted funding. This is likely to be through a competitive grants program. A component of the funding may be allocated via non-competitive, targeted grants or procurements to support expert input to optimise the design of the competitive grants process, given the rate of related technological change.

Funding decisions made in connection with grants will not be subject to merits review. Independent merits review would not be considered appropriate as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).

In addition, the review and audit process undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have resource to the Commonwealth Ombudsman where appropriate.

Funding decisions made in connection with procurements will not be subject to independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).

The re-making of a procurement decision after entry into a contractual arrangement with a successful provider is legally complex and could result in delays to providing services under the project. The Government Procurement (Judicial Review) Act 2018 enables suppliers to challenge some procurement processes for alleged breaches of certain procurement rules. This legislation might provide an additional avenue of redress (compensation or injunction) for dissatisfied providers or potential providers, depending on the circumstances.

Consultation has occurred with key relevant stakeholders including the Commonwealth Scientific and Industrial Research Organisation, national resource management organisations, landholders and academia on various parts of the measure. Stakeholders have been largely supportive of the proposed approaches and the department will continue to engage with stakeholders as the program is further developed and refined.

Funding for the program of $46.7 million (including $20 million reallocated from existing funding to the program) was included in the 2022-23 March Budget under the measure ‘Energy and Emissions Reduction’ for a period of 11 years commencing in 2022-23. Details are set out in the Budget 2022-23, Budget Measures, Budget Paper No. 2 2022-23 at page 125.

Funding for the item will come from Program 2.1: Sustainable Management of Natural Resources and the Environment, which is part of Outcome 2. Funding is set out in Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.3, Climate Change, Energy, the Environment and Water Portfolio at page 53.

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

the communications power (section 51(v));
the external affairs power (section 51 (xxix)); and
the executive power (section 61).

Communications power

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to ‘postal, telegraphic, telephonic and other like services’.

The program will include expenditure to assist landholders in developing and implementing biodiversity projects including under an online biodiversity trading platform.

External affairs power

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.

Australia has obligations under the Convention on Biological Diversity (the Biodiversity Convention), the Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto Protocol) and the United Nations Framework Convention on Climate Change (UNFCCC). Australia has the following relevant obligations under these agreements.

Biodiversity Convention

Article 8 of the Biodiversity Convention obliges contracting parties to:

Regulate or manage biological resources important for the conservation of biological diversity with a view to ensuring their conservation and sustainable use (Article 8(c));
Promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings (Article 8(d)); and
Rehabilitate and restore degraded ecosystems and promote recovery of threatened species (Article 8(f)).

Article 10(d) of the Biodiversity Convention obliges contracting parties to support local populations to develop and implement remedial action in degraded areas where biological diversity has been reduced.

Kyoto Protocol

Article 10(b) of the Kyoto Protocol obliges contracting parties to formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change and measures to facilitate adequate adaptation to climate change:

such programmes would, inter alia, concern the energy, transport and industry sectors as well as agriculture, forestry and waste management. Furthermore, adaptation technologies and methods for improving spatial planning would improve adaptation to climate change (Article 10(b)(i)); and
Parties shall submit information on action under this Protocol, including national programmes; and other Parties shall seek to include in their national communications, as appropriate, information on programmes which contain measures that the Party believes contribute to addressing climate change and its adverse impacts, including the abatement of increases in greenhouse gas emissions, and enhancement of and removals by sinks, capacity building and adaptation measures (Article 10(b)(ii)).

UNFCCC

Article 4 of the UNFCCC obliges contracting parties to:

Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, and measures to facilitate adequate adaptation to climate change (Article 4.1(b));
Promote and cooperate in the development, application and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol in all relevant sectors, including the energy, transport, industry, agriculture, forestry and waste management sectors (Article 4.1(c));
Adopt national policies and take corresponding measures on the mitigation of climate change, by limiting its anthropogenic emissions of greenhouse gases and protecting its greenhouse gas sinks and reservoirs (Article 4.2(a)).

The program will include expenditure for activities to manage biodiversity and reduce carbon emissions. The program provides funding to improve capacity to monitor and assess the effectiveness of biodiversity projects supporting landholders to develop biodiversity projects and facilitating trade by the private sector and landholders on an online platform. The program also provides funding for natural resource management organisations to assist landholders in developing and implementing projects under existing and emerging environmental markets, including projects directed to reducing carbon emissions.

Executive power

Section 61 of the Constitution supports activities that form part of the ordinary and well‑recognised functions of government and execution and maintenance of the Constitution and the laws of the Commonwealth.

The program provides funding to allow the Commonwealth to consult and engage with experts to ensure that biodiversity assessment methods, models and data are fit for purpose to support the regulation of the biodiversity market. The program also provides funding to enable natural resource management organisations to assist landholders to develop projects under the Carbon Credits (Carbon Farming Initiative) Act 2011 or under emerging environmental markets, including a national biodiversity market.

New table item 581 establishes legislative authority for government spending on the Protecting the Great Barrier Reef and securing reef jobs program (the program), which seeks to protect, restore and conserve the Great Barrier Reef.

The program objectives will be achieved by supporting the Reef Guardian Councils and Coastal Marine Ecosystems Research Centre initiatives. Funding of $32.5 million will be provided to support these two initiatives.

Reef Guardian Councils (RGC)

The RGC initiative is part of the Government’s 2022 Shovel Ready Catchment and Reef Restoration Projects election commitment of Labor’s Plan for A Better Future – Better Budget, Better Economy. Funding of $17.5 million over four years from 2022-23 will be provided to deliver shovel-ready projects identified within each local council’s Reef Action Plan. The funding will be available to local councils that are part of the Great Barrier Reef Marine Park Authority’s (GBRMPA) RGC program, with each council to receive up to $170,000 in the first year of the program and up to $250,000 thereafter.

The RGC program was established in 2007. The program recognises that effective management and protection of the Reef requires coordinated effort from industries, communities and all levels of government.

There are 19 councils between Bundaberg and Cooktown in the RGC program undertaking a range of actions to help reduce impacts on the Great Barrier Reef outlined in their RGC climate change initiatives. Examples of action plans that will be funded are the Cassowary Coast Regional Council Action Plan and Whitsunday Regional Council Reef Guardian Councils Action Plan.

Projects will contribute to delivery of the Reef 2050 Long-Term Sustainability Plan (Reef 2050 Plan). The Reef 2050 Plan will support the RGC initiative, which showcases the environmentally sustainable practices of local councils in Reef catchments. Co-contributions and support will be sought from councils and the Queensland government.

The most appropriate mechanism to deliver the funding will be identified in consultation with the Queensland government, GBRMPA and the local councils. This could include provision of funding through an existing funding deed or partnership arrangement with the Queensland government or providing grants directly to councils. A mandatory requirement of the selected delivery mechanism will be to ensure that funds are directed to projects within the Reef Action Plans.

Coastal Marine Ecosystems Research Centre (CMERC)

The CMERC also responds to the Government’s election commitment under Labor’s Plan for A Better Future – Better Budget, Better Economy. The program will support effective delivery of the Reef 2050 Plan by improving understanding of Reef ecosystems and strengthening collaboration between Reef managers and researchers.

CMERC will focus on important inner coastal (blue carbon) ecosystems to improve management of the Reef. Funding of $15.1 million in 2022-23 will be provided via a one-off grant in 2022-23 to Central Queensland University to complete the establishment of the CMERC in Gladstone.

The department will deliver the RGC program through a suite of grant processes in accordance with the Commonwealth resource management framework, including the PGPA Act and the CGRGs.

Grant information, including grant opportunity guidelines will be available on GrantConnect (www.grant.gov.au) if required. Grants may be administered by the Business Grants Hub, part of the Department of Industry, Science and Resources.

The decision-maker for grants funding to the RGC and CMERC will be the Minister or an appropriate delegate. The delegate would be an SES employee who would have the relevant expertise in, and understanding of, reef matters and the program and be able to perform relevant functions in accordance with the Commonwealth resource management framework.

Independent merits review of funding decisions made in connection with the grants would not be considered appropriate because the decisions relate to an allocation of a finite resource between competing applicants (in the case of the RGC initiative) and an allocation already made to a party would be affected by overturning the original decision. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).

In addition, the review and audit process undertaken by the ANAO also provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

Consultation on the RGC initiative was undertaken with GBRMPA. Further ongoing consultation with Queensland government and the local councils will be undertaken as that initiative is implemented. Consultation on CMERC was undertaken with the Central Queensland University. Further consultation will be undertaken as that initiative is implemented.

Grant funding of $17.5 million for the RGC initiative is included in the 2022-23 October Budget under the measure ‘Shovel Ready Catchment and Reef Restoration Projects’ for a period of four years commencing in 2022–23. Details are set out in Budget October
2022-2023, Budget Measures, Budget Paper No. 2 at page 76.

Funding of $15.3 million for the CMERC initiative is included in the 2022-23 October Budget under the measure ‘Coastal Marine Ecosystems Research Centre (Central Queensland University)’ for a period of four years commencing in 2022-23. Details are set out in Budget October 2022-2023, Budget Measures, Budget Paper No. 2 at page 58.

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.

External affairs power

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation with respect to matters or things outside the geographical limits of Australia and legislation implementing Australia’s international obligations under treaties to which it is a party.

Australia has relevant obligations under the Convention Concerning the Protection of the World Cultural and Natural Heritage (the Convention), in particular:

a duty to ensure the identification, protection, conservation, presentation and transmission to future generations of its cultural and natural heritage (Article 4); and
to ensure that effective and active measures are taken for the protection, conservation and presentation of its cultural and natural heritage (Article 5).

The Great Barrier Reef is listed on the World Heritage List under Article 11(2) of the Convention. The program involves payments directed to the protection and conservation of the natural heritage aspects of the Reef.

The program involves payments being directed to the Great Barrier Reef, the majority of which is geographically external to Australia.

New table item 582 establishes legislative authority for government spending on the ReMade in Australia scheme (the scheme), which seeks to establish and promote the trade marked ‘ReMade in Australia’ brand.

The scheme will develop and deliver a Certification Trade Mark for Australian made recycled content products. A verified labelling scheme for products made in Australia with Australian recyclate will help combat greenwashing by empowering consumers to identify and choose these products with confidence. This will help drive an increase in demand from Australian manufacturers for local recyclate, supporting Australia’s transition to a more circular economy.

By encouraging demand for Australian recyclate and by making recycled content products easily identifiable to consumers and procurement officers, these outcomes support the Government’s Waste and Recycling Plan commitments, including leading a national shift to sustainable procurement, and the Government’s A Future Made in Australia Plan.

The scheme is expected to become self-sustaining after 2025-26. Funding of $8.0 million will enable the scheme to:

establish a trademarked ReMade in Australia brand, giving Australian remanufacturers a trusted label to promote their remanufactured products. The brand will be supported by a licensing framework administered by an external licensing body. The certification trade mark is intended to be used to provide a clear and verifiable mechanism for industry to signal the use of recycled Australian content in their products, and enable consumers to identify Australian remanufactured items; and
fund communications activities to promote the availability of the mark for use on products, and to raise public awareness of the use of the mark on certified products.

The department has applied for a Certification Trade Mark for the ReMade in Australia brand. If the Commonwealth retains the ownership of the trade mark, it may be appropriate for the payment to the licencing body to be provided via a procurement. If the ownership of the trade mark is assigned to the licencing body, it may be more appropriate for the payment to be provided via a grant.

The licencing body will be selected on the basis of its ability to support the scheme, including its ability to:

assess licencing applications to use the brand;
promote the brand;
undertake certification assessments; and
investigate complaints of brand misuse and undertake compliance action to protect the brand.

A decision on an appropriate licencing body and funding method (including if a direct or competitive process is used) is to be taken after further investigations and stakeholder consultation.

The scheme will be delivered in accordance with the Commonwealth resource management framework, including where relevant, the CGRGs, the CPRs and the PGPA Act. The decision-maker for any spending decisions will be the Minister or an appropriate delegate. The delegate would be an SES employee who would have the relevant expertise in, and understanding of, waste matters and the scheme and be able to perform relevant functions in accordance with the Commonwealth resource management framework.

Independent merits review of funding decisions made in connection with the scheme would not be considered appropriate because the decisions relate to an allocation of a finite resource and an allocation already made to a party would be affected by overturning the original decision. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).

The department will undertake broad consultation on the scheme in late 2022 following the 2022-23 October Budget. A number of early stakeholder discussions took place in context of the national advertising campaign on recycling which used a ReMade in Australia logo as a creative concept. A number of businesses reached out to the department following the campaign seeking access to a ReMade in Australia brand. Stakeholders have been broadly supportive of the concept.

Administered funding of $8.2 million for the scheme is included in the 2022-23 March Budget under the measure ‘Building Australia’s Circular Waste Economy’ for a period of four yeas commencing in 2022-23. Details are set out in the Budget 2022-23, Budget Measures, Budget Paper No. 2 2022-23 at page 51.

Funding for the item will come from Program 2.6: Management of Hazardous Wastes, Substances and Pollutants, which is part of Outcome 2. Details are set out in Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.3 Climate Change, Energy, the Environment and Water Portfolio at page 57.

Noting that it is not a comprehensive statement of the relevant constitutional considerations, the objective of the item references the intellectual property power (section 51(xviii) of the Constitution.

Intellectual property power

Section 51(xvii) of the Constitution empowers the Parliament to make laws with respect to ‘copyrights, patents of inventions and designs, and trade marks’.

Expenditure would be directed towards the development and management of a certification trade mark and scheme to be known as ‘ReMade in Australia’.

New table item 583 establishes legislative authority for government spending on the Saving Native Species program (the program), which supports activities to protect and support the recovery of Australian plant and animal species, and places.

The program will deliver on the Government’s election commitment, Saving Native Species Program to save Australia’s most imperilled native species with total funding of $224.5 million available over four years from 2022-23. The program will support actions to slow the rate of environmental and native species decline and lay the foundations for longer‑term support and recovery of Australia’s native species and special landscapes.

The program will support implementation of the 2022-2032 Threatened Species Action Plan – towards zero extinctions (the Action Plan), which identifies 110 priority species and 20 priority places where investment and action can make a difference and achieve broad-scale benefits (www.dcceew.gov.au/sites/default/files/documents/threatened-species-action-plan-2022-2032.pdf). The Action Plan reflects the Government’s greater ambition for threatened species conservation. Dedicated resources will support priority threatened species, make landscape-scale improvements at priority places and support other recovery actions to benefit multiple species.

The program has three interlinking direct action components and three foundational elements to be delivered across the following themes:

implement priorities established in the Action Plan (including gamba grass control);
deliver support to koala conservation and health;
commit to control yellow crazy ants in the tropical rainforests of far north Queensland;
conservation planning (for example, recovery plans, conservation advices and threat abatement plans) to guide protection and action;
coordinate, monitor and track species trajectories; and
implement innovation to address widespread threats to provide landscape scale approaches that deliver broad-scale benefits.

Legislative authority through table item 583 is required to support activities under themes 1 and 3, and aspects of themes 5 and 6.

Implement priorities established in the Action Plan

This component will be delivered via grants or procurement and includes funding for:

tailored actions for individual species. This includes the election commitment of $400,000 to construct a koala fauna crossing at Toohey’s Forest in Brisbane;
landscape-scale conservation at priority places that benefits multiple species and ecological communities. This includes the election commitment of $9.8 million to control gamba grass in northern Australia. The commitment will build on, not replace the Northern Territory Gamba Army and remove this invasive grass from Kakadu National Park; and
emergency interventions to prevent extinctions after extreme climatic events.

Partnerships and collaboration will be sought with governments, industry, non-government organisations and the community.

Managing yellow crazy ants

Exotic invasive ants are amongst the most serious global invasive pests, killing native animals in their path and impacting the economic and social wellbeing of Australians. The rich biodiversity of the tropical rainforests in the Wet Tropics World Heritage Area and Bowling Green Bay Ramsar wetland is under threat from yellow crazy ants.

This measure will halt expansion of crazy ants further into the Wet Tropics World Heritage Area and into the Bowling Green Bay Ramsar Wetland via activities in and around Townsville comprising direct funding of:

$12 million for the Wet Tropics World Heritage Area; and
$12.8 million to control crazy ant outbreaks in the Townsville region. This will deliver local benefits and limit invasion into the nearby Wet Tropics World Heritage Area and Bowling Green Bay Ramsar Wetland.

Coordinate, monitor and track species trajectories

Investment in monitoring of priority species and places aligns with the Government’s commitment to base environmental decision-making on the best available information and science. This work will also directly contribute to the Action Plan targets to improve species monitoring capability.

Funding will support cross-tenure monitoring of priority species to scale up across individual projects and enable better understanding of regional and national recovery needs. Funding will also go to supporting part-time coordinators of recovery action.

Threat abatement spatial planning tools will be developed to link the science, tools and legal requirements to a mapping tool providing land managers with the information to protect threatened species on their land.

Innovation to address widespread threats

Innovation is needed to deliver better long-term outcomes for threatened species, with landscape-scale approaches likely to deliver the broadest benefit for biodiversity. Funding will support innovative projects.

Foundational elements of this measure will be informed by and complement research under the National Environmental Science Program, which will be developed in association with the National Environmental Science Program research planning.

The department will deliver components of the program via a mix of grants, procurements and payments to states. These will be governed by the appropriate frameworks including, the PGPA Act, the Federation Funding Agreement Framework, the CGRGs and the CPRs.

Open competitive grants will be selected through a transparent, merit-based process, delivered by the Business Grants Hub, who generally undertake assessments with assistance of specialised knowledge when required. The department will provide recommendations to the Minister, who will be the decision-maker for final grant approvals. Selection criteria for projects funded, including grant opportunity guidelines will be developed and made available on the department and/or the Business Grant Hub website.

Procurements will be delivered and administered in accordance with the CPRs and appropriate delegations under the PGPA Act. The Minister will be the decision-maker for funding under the Federation Funding Agreements. These processes will be administered by the department and program information (including application details) will be available on the department’s website, as well as AusTender where applicable. Project delivery will be subject to results-based monitoring in line with best-practice program governance and accountability.

Funding decisions made in connection with the program would not be considered appropriate for an independent merits review because the decisions relate to an allocation of finite resources and an allocation already made to a party would be affected by overturning the original decision. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).

The program supports implementation of the Action Plan, which was developed following robust scientific analysis and an open public consultation process including a public survey and targeted workshops.

The department has also undertaken consultation with key stakeholders, including Parks Australia Division, scientists from the National Environmental Science Program’s Resilient Landscapes Hub, Indigenous Rangers, Territory Natural Resource Management and the Northern Territory Government to ensure effective delivery on the gamba grass control component.

Consultation on delivering the yellow crazy ants commitment has also occurred with the Wet Tropics Management Authority, Townsville City Council, Queensland government and other key stakeholders.

Contemporary conservation planning documents will be developed based on advice from the Threatened Species Scientific Committee.

Internally, the department has consulted extensively with Commonwealth entities and agency, including but not limited to the Department of Agriculture, Fisheries and Forestry and the National Indigenous Australians Agency to inform the design and development of the program.

All stakeholders consulted were supportive of the Government’s initiative to protect and support the recovery of Australian plant and animal species, and places.

Administered funding of $145.6 million for the program is included in the 2022-23 October Budget under the measure ‘Saving Native Species’ for a period of four years commencing in 2022-23. Details are set out in Budget October 2022-2023, Budget Measures, Budget Paper No. 2 at pages 24 and 76.

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

the external affairs power (section 51 (xxix)); and
the power to grant financial assistance to States (section 96).

External affairs power

Australia has relevant obligations under the Convention Concerning the Protection of the World Cultural and Natural Heritage, in particular:

a duty to ensure the identification, protection, conservation, presentation and transmission to future generations of its cultural and natural heritage (Article 4); and
to ensure that effective and active measures are taken for the protection, conservation and presentation of its cultural and natural heritage by:
- adopting a general policy that aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programs (Article 5(a));
- developing scientific and technical studies and research and to work out such operating methods capable of counteracting dangers that threaten cultural or natural heritage (Article 5(c)); and
- taking appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conversation, presentation and rehabilitation of that heritage (Article 5(d)).

The measure under the managing yellow crazy ants theme will be provided to the Wet Tropics Management Authority and Queensland government for the purpose of, relevantly, managing yellow crazy ants in the Wet Tropics World Heritage area.

Australia has relevant obligations under the Convention on Biological Diversity, particularly to:

identify and monitor components of biological diversity important for its conservation and sustainable use, and identify processes and activities which could have significant adverse impacts on the conservation and sustainable use of biological diversity (Article 7);
rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies, prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species, and other in-situ conservation measures (Article 8);
adopt measures for the recovery and rehabilitation of threatened species and for their reintroduction into their natural habitats under appropriate condition and undertake other ex-situ conservation measures (Article 9); and
integrate consideration of the conservation and sustainable use of biological resources into national decision-making, and adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity (Article 10).

The program relates to the recovery, rehabilitation and protection of threatened species and their habitats and threatened ecological communities, management of yellow crazy ants and other invasive species, coordination and tracking of species trajectories and innovation to address threats are directed towards delivering benefits to biodiversity.

Australia has relevant obligations under the Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention), particularly to:

formulate and implement planning so as to promote conservation and wise use of wetlands (Article 3(1)); and
encourage research and the exchange of data and publications and their flora and fauna (Article 4).

Power to grant financial assistance to States

Section 96 of the Constitution empowers the Parliament to ‘grant financial assistance to any State on such terms and conditions as the Parliament thinks fit’.

Funding relating to managing yellow crazy ants will be provided to the Wet Tropics Management Authority and Queensland government.

New table item 584 establishes legislative authority for government spending on the Engaging with First Nations Peoples on Climate Change initiative (the initiative), which seeks to create and implement a new model for an enduring dialogue on climate change with Torres Strait Islander and First Nations Peoples in the Torres Strait region and Australia.

The initiative will establish a Torres Strait Climate Centre of Excellence (the Centre), which will focus on practical action on climate change for First Nations people of the Torres Strait with potential to broaden the work to adapt and replicate the actions for First Nations peoples across Australia, and into the Pacific. This responds directly to needs identified at the Ministerial Torres Strait Round Table on Climate Change and was developed in close consultation with the Torres Strait Regional Authority (TSRA).

The initiative is operational over four years, commencing in early 2023 and will benefit First Nations communities in the Torres Strait and over time, across Australia, by developing the appropriate and practical climate adaptation and mitigation solutions to help communities respond to climate change. The initiative will also create jobs on-ground through providing training and funding for local Climate Warriors recruited from community who will lead the on-ground response to climate change. Lessons learned through this program of work will help shape and inform, through advice and consultation, policies and programs at all levels of government in infrastructure, energy, housing and health portfolios in the Torres Strait and across Australia. It will assist Torres Strait communities to build the capacity to respond to climate change by integrating lived adaptation experience, traditional knowledge, and western science.

This initiative makes an important contribution towards fulfilling Australia’s commitments under the Paris Agreement in relation to climate change adaptation. The Centre will build the capability and capacity of Torres Strait Islander peoples to respond to climate change as its primary objective, with a secondary objective to take and share this knowledge with other Australian and Pacific First Nations people. The Centre will provide a regionally based core team of local adaptation, training and cultural expertise within the TSRA.

The initiative will provide valuable links into the National Environmental Science Program and other Commonwealth climate science investments to inform the development of research priorities, such as ocean research to improve understanding of climate impacts on the region’s unique ecosystems, marine biodiversity and culturally and economically important fisheries.

Expenditure for the initiative will primarily be undertaken through an open tender procurement process, consistent with the CPRs. The delivery of climate adaptation information and services is anticipated to be hosted by a suitable research and service capability likely to be made up of a consortia of providers. The complexity associated with the integration of multiple technical domains, with complex socio-cultural needs and sensitivities requires careful design and implementation best achieved through a tender and evaluation process to select providers. The program administration will be governed in accordance with the requirements of the PGPA Act and the CPRs.

Further details on the initiative will be provided on the department’s website at www.DCCEEW.gov.au. Governance arrangements will be developed with the department and key partners through a joint Memorandum of Understanding (MOU). This MOU will establish a Steering Committee to oversee the delivery of the design process and establish project governance policies and procedures. The committee will be responsible for final decisions on the Commonwealth expenditure in relation to the initiative with an SES employee as the delegate of the accountable authority. The delegate would be from the National Adaptation Policy Office, part of the department and would be qualified, authorised and hold the relevant delegation.

Procurement decisions made in connection with the initiative are not considered suitable for independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).

The re-making of a procurement decision after entry into a contractual arrangement with a successful provider is legally complex, impractical, and could result in delays to providing services under the initiative. The Government Procurement (Judicial Review) Act 2018 enables suppliers to challenge some procurement processes for alleged breaches of certain procurement rules. This legislation might provide an additional avenue of redress (compensation or injunction) for dissatisfied providers or potential providers, depending on the circumstances.

Consultation on the initiative has been undertaken through the Ministerial Torres Strait Round Table on Climate Change with representatives of each of the main Torres Strait Islander communities and TSRA, Torres Strait Regional Council, Torres Shire Council, Gur A Baradharaw Kod Torres Strait Sea and Land Council in attendance. This meeting was informed by a climate adaption workshop held in the Torres Strait region on 22 to 23 June 2022 with participants from local communities.

Departmental consultation has also been held with representatives of the TSRA and with the National Indigenous Australians Agency.

Additional consultation with First Nations representatives was undertaken through the National Environmental Science Program through the National First Peoples Gathering on Climate Change.

The design of the initiative has been guided by the 2021 First Nation Peoples Statement on Climate Change, which called for:

a commitment from the Government to financially support an annual First Nations-led dialogue on climate change;
the annual dialogue should be a place where Aboriginal and Torres Strait Islanders can discuss the changing climate in their communities and is a valuable input to inform policy at all levels;
a commitment for federal-level funding for an Indigenous-led climate action hub, which would fund both Indigenous-led mitigation and adaptation climate change projects. These projects could focus on Indigenous-led adaptation planning for communities and the recording and transmission of knowledge and experiences across the country; and
the establishment of a Torres Strait Island taskforce, led by First Nations peoples of the region, to drive critical and tangible climate change solutions for island communities under present and immediate threat.

Funding of $15.9 million for the initiative is included in the 2022-23 October Budget under the measure ‘Engaging with First Nations Peoples on Climate Change’ for a period of four years commencing in 2022–23. Details are set out in Budget October 2022-23, Budget Measures, Budget Paper No. 2 at page 60.

Funding for this initiative will come from Program 1.1: Reducing Australia’s greenhouse gas emissions, which is part of Outcome 1. Details are set out in Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.3, Climate Change, Energy, the Environment and Water Portfolio at page 22

Noting that it is not a comprehensive statement of the relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

the race power (section 51(xxvi));
the external affairs power (section 51(xxix)); and
the Pacific Islands power (section 51(xxx)).

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws’.

The initiative is directed at assisting Aboriginal and Torres Strait Islander peoples and First Nations communities of the Torres Strait region to respond to climate change, with the potential to broaden the work to adapt and replicate the actions for First Nations people across Australia.

External affairs power

The initiative will also potentially be directed at broadening the work to adapt and replicate the actions for First Nations peoples in the Pacific.

Pacific Islands power

Section 51(xxx) of the Constitution empowers the Parliament to make laws with respect to ‘the relations of the Commonwealth with the islands of the Pacific’.

The initiative will support the relations of the Commonwealth with the islands of the Pacific.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Financial Framework (Supplementary Powers) Amendment (Climate Change, Energy, the Environment and Water No. 1) Regulations 2022

This disallowable 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 of the legislative instrument

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. The powers in the FF(SP) Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by Ministers and the accountable authorities of non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.

This disallowable legislative instrument adds the following table items to Part 4 of
Schedule 1AB:

table item 579 ‘Payments to the International Whaling Commission;
table item 580 ‘National Biodiversity Market;
table item 581 ‘Protecting the Great Barrier Reef and securing reef jobs;
table item 582 ‘ReMade in Australia’;
table item 583 ‘Saving Native Species; and
table item 584 ‘Engaging with First Nations Peoples on Climate Change.

Table item 579 – Payments to the International Whaling Commission

Table item 579 establishes legislative authority for the Government to provide payments to the International Whaling Commission (IWC) to enhance Australia’s leadership in the IWC by paying financial contributions to aid the IWC’s financial sustainability and build its whale conservation expertise and agenda.

A one-off grant of $0.8 million in 2023-24 will be provided to the IWC to strengthen Australia’s international leadership to protect whales and prevent its destabilisation. The IWC is the only global body responsible for the conservation and management of whales, and its destabilisation could increase risk of a resumption of whaling in the Southern Ocean.

support research and actions to address the impacts of bycatch and climate change, including via the Australian-led Southern Ocean Research Partnership;
develop the IWC database to improve international cetacean data sharing between its 88 member countries;
support implementation of conservation management plans for vulnerable cetacean populations;
support an annual webinar on IWC conservation programs and processes for interested parties and stakeholders; and
Support positions in the IWC’s Secretariat to manage conservation programs and support the IWC’s Conservation Committee.

Funding of $0.3 million will also be contributed to the IWC’s general fund for organisation running costs to support the IWC through a financial crisis that could see it collapse if not rectified.

Human rights implications

Table item 579 does not engage any of the applicable human rights or freedoms.

Conclusion

Table item 579 is compatible with human rights as it does not raise any human rights issues.

Table item 580 – National Biodiversity Market

Table item 580 establishes legislative authority for government spending on the National Biodiversity Market initiative (the initiative), which addresses specific capability gaps in order to help establish an efficient and effective legislated national biodiversity market.

The initiative aims to encourage more landholders into the market by reducing the cost of projects, while ensuring credible biodiversity outcomes. This will build depth, capacity and transparency, thus creating greater confidence and integrity in the market.

From 2022-23, the government is investing $46.7 million over 11 years to address key capability gaps to help establish a national biodiversity market through:

better and more secure information and models for credible, transparent and standardised assessment of biodiversity benefits;
on-ground support to landholders to participate in carbon and biodiversity markets.
An expanded geospatial project platform to support project planning, purchasing and transparency, making it easier for landholders to participate; and
improved methods for low-cost monitoring of biodiversity projects, through targeted funding for remote sensing and other innovations.

Human rights implications

Table item 580 does not engage any of the applicable human rights or freedoms.

Conclusion

Table item 580 is compatible with human rights as it does not raise any human rights issues.

Table item 581 – Protecting the Great Barrier Reef and securing reef jobs

Table item 581 establishes legislative authority for government spending on the Protecting the Great Barrier Reef and securing reef jobs program (the program), which seeks to protect, restore and conserve the Great Barrier Reef.

The program will make available $32.5 million in grant funding to support two initiatives, which respond to the Government’s election commitment under Labor’s Plan for A Better Future – Better Budget, Better Economy: Reef Guardian Councils (RGC) and Coastal Marine Ecosystems Research Centre (CMERC).

The RGC initiative has funding of $17.5 million over four years from 2022-23 to deliver shovel-ready projects identified within each local council’s Reef Action Plan. The funding will be available to local councils that are part of the Great Barrier Reef Marine Park Authority’s RGC program. Each council will receive up to $170,000 in the first year of the program and up to $250,000 thereafter. Projects will contribute to the delivery of the Reef 2050 Long-Term Sustainability Plan (Reef 2050 Plan). The Reef 2050 Plan will support the RGC initiative, which showcases the environmentally sustainable practices of local councils in Reef catchments. Co-contributions and support will be sought from councils and the Queensland government.

The CMERC will support effective delivery of the Reef 2050 Plan by improving understanding of Reef ecosystems and strengthening collaboration between Reef managers and researchers. Funding of $15 million in 2022-23 will be provided via a one-off grant in 2022-23 to Central Queensland University to complete the establishment of the CMERC in Gladstone, including $2.5 million to engage more scientists and technicians, $10 million to expand CMERC facilities and $2.5 million to provide necessary research infrastructure and equipment.

Human rights implications

Table item 581 does not engage any of the applicable human rights or freedoms.

Conclusion

Table item 581 is compatible with human rights as it does not raise any human rights issues.

Table item 582 – ReMade in Australia

Table item 582 establishes legislative authority for government spending on the ReMade in Australia scheme (the scheme), which seeks to establish and promote the trade marked ‘ReMade in Australia’ brand.

The scheme will develop and deliver a Certification Trade Mark for Australian made recycled content products. The label and its use is expected to be managed on behalf of the Commonwealth by a third-party, supported by a one-off payment to establish the scheme in 2023. The scheme is expected to become self-sustaining after 2025-26.

Funding of $8.0 million over four years from 2022-23 for the scheme will:

establish a trademarked ReMade in Australia brand, giving Australian remanufacturers a trusted label to promote their remanufactured products. The brand will be supported by a licensing framework administered by an external licensing body. The certification trade mark is intended to be used to provide a clear and verifiable mechanism for industry to signal the use of recycled Australian content in their products, and enable consumers to identify Australian remanufactured items; and
fund communications activities to promote the availability of the mark for use on products, and to raise public awareness of the use of the mark on certified products.

Human rights implications

Table item 582 does not engage any of the applicable human rights or freedoms.

Conclusion

Table item 582 is compatible with human rights as it does not raise any human rights issues.

Table item 583 – Saving Native Species

The program will support implementation of the 2022-2032 Threatened Species Action Plan – towards zero extinctions (the Action Plan), which identifies 110 priority species and 20 priority places where investment and action can make a difference and achieve broad-scale benefits. The Action Plan reflects the Government’s greater ambition for threatened species conservation. Dedicated resources will support priority threatened species, make landscape‑scale improvements at priority places and support other recovery actions to benefit multiple species.

The program will have three interlinking direct action components: implement priorities established in the Action Plan (including gamba grass control); deliver supports to koala conservation and health; and commitments to control yellow crazy ants in the tropical rainforests of far north Queensland.

The program will also include three foundational elements: conservation planning (for example, recovery plans, conservation advices and threat abatement plans) to guide protection and action; coordinate, monitor and track species trajectories; and implement innovation to address widespread threats to provide landscape scale approaches that deliver broad-scale benefits.

Human rights implications

Table item 583 does not engage any of the applicable human rights or freedoms.

Conclusion

Table item 583 is compatible with human rights as it does not raise any human rights issues.

Table item 584 – Engaging with First Nations Peoples on Climate Change

The impacts of climate change in the Torres Strait are acute and occurring right now. Sea level in the region is rising at roughly three times the global average and inundation flood events are occurring with greater frequency. Attempts in the past decade to build protective infrastructure such as sea walls have failed to provide the necessary protection as they have not included adequate consideration of climate impacts. These capabilities will provide the best available climate information to inform critical infrastructure investments so that communities are able to remain viable into the future.

The initiative responds to these identified impacts and forms part of the government’s broader agenda to act on climate change and energy reform, rebuild Australia international reputation and meet international commitments, strengthen Australia’s climate risk management and ability to adapt, and put Australia on track to meet target of 43 per cent emissions reductions by 2030 and net zero emissions by 2050.

Funding of $15.9 million over four years from 2022-23 is provided to:

support the creation and implementation of a coordinated approach to climate change issues with Torres Strait Islander and First Nations communities, including by establishing and supporting the Torres Strait Climate Centre of Excellence; and
establish and support activities to build the capability and capacity of Torres Strait Islander and First Nations communities to respond to climate change.

The initiative will focus on practical action on climate change for First Nations people of the Torres Strait with potential to broaden the work to adapt and replicate the actions for First Nations peoples across Australia, and into the Pacific.

Human rights implications

Table item 584 engages the following right:

the right to self-determination – Article 1 of the International Covenant on Civil and Political Rights (ICCPR) read with Article 2 and Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2.

Right to self-determination

Article 2 of the ICCPR provides that each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 2 of the ICESCR provides that each State Party undertakes to take steps to the maximum of its available resources with a view to achieving progressively the full realisation of the rights recognised in the Covenant, by all appropriate means.

The rights of peoples to freely determine their political status and freely pursue their economic, social and cultural development is contained in Article 1 of the ICCPR and
Article 1 of the ICESCR. This right is a collective right applying to groups of peoples, in contract to rights to culture which protect the rights of individuals within a group.

Table item 584 promotes the right to self-determination for Torres Strait Islander people and other First Nations communities in the Torres Strait region by establishing the Torres Strait Climate Centre of Excellence (the Centre). The Centre would seek to create and implement a new model for an enduring dialogue on climate change with Torres Strait communities and other First Nations peoples across the Torres Strait region.

Conclusion

Table item 584 is compatible with human rights because it promotes the protection of human rights.

Senator the Hon Katy Gallagher

Minister for Finance

Administered by Department of Finance

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