Overview

The Climate Change Authority Act 2011 (Cth) was enacted to establish the Land Sector Carbon and Biodiversity Board, providing a legislative framework to address climate change issues within the land sector. The Act was introduced by the Parliament of Australia to fill a gap in existing legislation by creating a specialised body to advise on measures that assist the land sector in dealing with climate change. Section 62(1)(c) of the Act allows the Board to provide advice on specified matters related to climate change measures, as detailed in a legislative instrument made by the Environment Minister. This legislative instrument, F2012L02262, specifies matters related to the National Wildlife Corridors Plan, including the implementation of the Plan, the nomination and assessment of wildlife corridors, and the declaration of these corridors as National Wildlife Corridors. The objective is to ensure that the declaration process is robust and independent, supported by an effective, long-term implementation strategy. The instrument was developed following extensive consultation with stakeholders and government departments, ensuring broad community values and a landscape approach to corridor design and management.

Scope and Application

The Climate Change Authority Act 2011 (Cth) establishes the Land Sector Carbon and Biodiversity Board, whose functions include advising on measures or proposed measures that assist the land sector in dealing with climate change. The Land Sector Carbon and Biodiversity Board Specification under section 62(1)(c) of the Act extends this advisory role to include specific matters related to the implementation of the National Wildlife Corridors Plan. This specification requires the Board to provide advice on the implementation of the Plan, the nomination and assessment of wildlife corridors for declaration as National Wildlife Corridors, the declaration of these corridors, progress towards the implementation of National Wildlife Corridors in the Board's annual report, and the priorities for research and investigation concerning these matters. The Act applies to the Board as an entity within the Commonwealth of Australia and extends to any measure or proposed measure that assists the land sector in addressing climate change, as specified by the legislative instrument. The instrument is compatible with human rights and freedoms as recognised in international instruments, with no applicable rights or freedoms engaged. The instrument is a legislative instrument under the Legislative Instruments Act 2003 (Cth) and commences on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Climate Change Authority Act 2011 (Cth) (the Act) establishes the Land Sector Carbon and Biodiversity Board (the Board) under section 61. The Board's functions are detailed in section 62, with particular emphasis on advising on matters specified in a legislative instrument made by the Environment Minister. Under section 62(1)(c), the Board is tasked with providing advice on measures or proposed measures that assist the land sector to deal with climate change. This legislative instrument specifies matters related to the National Wildlife Corridors Plan (the Plan) as those upon which the Board must give advice. These matters include the implementation of the Plan (section 1(1)(a)), the nomination and assessment of wildlife corridors for declaration as National Wildlife Corridors (section 1(1)(b)), the declaration of wildlife corridors as National Wildlife Corridors (section 1(1)(c)), progress towards the implementation of National Wildlife Corridors in the Board's annual report (section 1(1)(d)), and priorities for research and investigation related to the specified matters (section 1(1)(e)). The Board is obligated to provide expert advice on these specified matters as part of its functions. This involves assessing and recommending strategies for the effective implementation of the Plan, ensuring the nomination and assessment of wildlife corridors are robust and based on independent analysis, and reporting on the progress of corridor implementation to Parliament. Furthermore, the Board must identify and prioritise research areas that support the objectives of the Plan. The legislative instrument also requires the Board to endeavour to reflect community values and promote a whole-of-landscape approach to corridor design and management, consistent with the objectives and principles of the Plan. The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance within this legislative instrument. However, the Board's failure to adhere to its advisory functions could potentially lead to broader implications under the Act, such as the inability to effectively implement climate change measures in the land sector. While the instrument does not prescribe specific penalties, any shortcomings in fulfilling its advisory duties might be subject to scrutiny and corrective measures under the authority of the Climate Change Authority Act 2011 (Cth). The overarching aim is to ensure that the Board's advice is both comprehensive and aligned with the goals of the National Wildlife Corridors Plan, thereby supporting effective climate change mitigation strategies within the land sector.