Commonwealth of Australia Explanatory Memoranda

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT BILL 2013

                             2010-2011-2012-2013




   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                       HOUSE OF REPRESENTATIVES




ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
                AMENDMENT BILL 2013


           Amendments are to be moved on behalf of the Government


          SUPPLEMENTARY EXPLANATORY MEMORANDUM




 (Circulated by authority of the Minister for Sustainability, Environment, Water,
         Population and Communities, the Honourable Tony Burke, MP)

Environment Protection and Biodiversity Conservation Amendment Bill 2013


OUTLINE
The purpose of this government amendment is to amend the transitional provisions
within the Environment Protection and Biodiversity Conservation Amendment Bill
2013 (the Bill) which relate to the establishment of a new matter of national
environmental significance (NES) in relation to the significant impacts or likely
significant impacts of coal seam gas development and large coal mining development
on a water resource.
There are six amendments which are necessary to clarify the transitional provisions at
Part 2 of the Bill.
FINANCIAL IMPACT STATEMENT

This Amendment will have no financial impact.

REGULATORY IMPACT STATEMENT

This Amendment will have no regulatory impacts.




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Notes on Amendments

Amendment 1 - Schedule 1, items 20 and 21, page 10 (line 26) to page 11 (line 4)

1) This amendment omits items 20 and 21 page 10 and substitutes a new section 20
   which amends the application provisions to provide that Schedule 1 applies in
   relation to an action involving coal seam gas development or large coal mining
   development that is taken on or after the day this item commences, even if the
   action began before that time, unless:
   a) item 22 of Schedule 1 applies in relation to the taking of the action; or
   b) the Minister decides, under item 23 of Schedule 1, that sections 24D and 24E
       of the new law are not controlling provisions for the action.

Amendment 2 - Schedule 1, item 22, page 11 (lines 7 to 13), subitem (1)

2) This amendment omits subitem (1) and substitutes a new subitem (1) to provide
   that Schedule 1 does not apply in relation to the taking of an action by a person
   involving coal seam gas development or large coal mining development if:
   a) immediately before the day this item commences, any of the circumstances set
       out in subitem (2) were satisfied in relation to the action and the person; or
   b) immediately before 13 March 2013, the circumstance set out in subitem (2A)
       was satisfied in relation to the action and the person.

Amendment 3 - Schedule 1, item 22, page 11 (line 14), subitem (1)
3) This amendment omits the words `subitem (1)' at line 13 of page 11 and
   substitutes the words `paragraph (1)(a)' to correct a reference description.

Amendment 4 - Schedule 1, item 22, page 11 (lines 24 to 33), paragraphs 2(d) and
(e)
4) This amendment omits item 22 paragraph (2)(d) and (e) to revise an exemption to
    the application of paragraph (1)(a). This means that paragraph (1)(a) will apply in
    circumstances where the Minister has both informed the persons mentioned in
    paragraph 131AA(1) of the old law of the decision the Minister proposes to make
    in relation to the action and, the Minister has, as required by section 131AB of the
    old law, obtained advice from the Independent Expert Scientific Committee on
    Coal Seam Gas and Large Coal Mining Development in relation to the action.

Amendment 5: Schedule 1, item 22, page 11 (after line 35) after subitem (2)
5) This amendment inserts a new paragraph (2A) to provide that paragraph (1)(b) of
   item 22 will apply in circumstances where none of the provisions of Part 3 of the
   old law were controlling provisions for the action and an appropriate Minister of a
   declared State or Territory has, under paragraph 505D(1)(b) of the old law,
   obtained advice from the Independent Expert Scientific Committee on Coal Seam
   Gas and Large Coal Mining Development in relation to the action for the purposes
   of giving a specific environment authorisation for the action under a State or
   Territory law.



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Amendment 6: Schedule 1, item 23, page 13 (line 4)

6) This amendment revises paragraph (1)(b) to include an additional requirement to
   clarify the Minister's power to decide when the provisions of the new law are
   controlling provisions for certain controlled actions. This additional requirement
   is that the Minister had not informed the persons mentioned in paragraph
   131AA(1)(A) of the old law of the decision the Minister proposes to make in
   relation to the action.




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