Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (GREAT BARRIER REEF) BILL 2013

                             2010-2011-2012-2013




       THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                 THE SENATE




Environment Protection and Biodiversity Conservation Amendment (Great Barrier
                                Reef) Bill 2013




                      EXPLANATORY MEMORANDUM




                   (Circulated by authority of Senator Waters)
  Environment Protection and Biodiversity Conservation Amendment (Great Barrier
                                  Reef) Bill 2013



Outline

The Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef)
Bill 2013 implements in our national environment laws key recommendations that the World
Heritage Committee has made to ensure the Great Barrier Reef does not get added to the
"world heritage in danger" list.

NOTES ON CLAUSES


Part 1 - Preliminary


Clauses 1
This is a formal provision specifying the short title.

Clause 2 - Commencement
This provision sets out that the Act will commence on the day it receives Royal Assent.


Clause 3 - Schedule
This provision gives effect to the amendments set out in Schedule 1 to the Bill.


Schedule 1 - Amendments
Item 1
Clause 24D prohibits development of new ports outside existing port areas along the Great
Barrier Reef coastline. It also prohibits development of new ports in a number of designated
locations identified by the world heritage committee and UNESCO's reactive monitoring
mission, as areas that need to be protected from industrial developments to ensure the
integrity of the Great Barrier Reef world heritage area. This clause implements critical
requests from the World Heritage Committee contained in its recommendation 5 of its
Decision 36 COM 7B.B, made in June 2012, and reflects findings of UNESCO's reactive
monitoring mission's report.


Clause 24E prohibits development within existing port areas along the Great Barrier Reef
coastline, where these developments would individually or cumulatively have an impact on
the world heritage values of the Great Barrier Reef. This implements Recommendation 5 of
the World Heritage Committee's decision of June 2012 (Decision 36 COM 7B.B).
Clause 24F implements a moratorium from 20 March 2013 on approval of all developments
impacting the Great Barrier Reef world heritage area until the strategic assessment is
completed and has been deemed adequate by the World Heritage Committee. This
implements Recommendation 2 of the UNESCO reactive monitoring mission, which the
World Heritage Committee has requested the Australian Government address (per WHC
Recommendation 4 of Decision 36 COM 7B.B).
Clause 24G prohibits approval of any developments that do not deliver a net benefit for the
Great Barrier Reef world heritage area. This puts in place a methodology for implementing
part of the World Heritage Committee's Recommendation 8 (Decision 36 COM 7B.B), which
calls on the Government to ensure that developments affecting the Great Barrier Reef
demonstrate an overall net benefit to the protection of the Reef's Outstanding Universal
Value.
                   Statement of Compatibility with Human Rights
    Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011


Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef) Bill 2013
      This Bill 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 Bill
This Bill amends the Environment Protection and Biodiversity Conservation Act 1999 to implement
in our national environment laws key recommendations of the World Heritage Committee has
made to ensure the Great Barrier Reef does not get added to the "world heritage in danger" list.


Human rights implications
This bill is confined solely to changing how major ports and other industrial developments which
would impact the world heritage values of the Great Barrier Reef are regulated under our national
environment laws. The changes implement key recommendations of the World Heritage
Committee has made to ensure the Great Barrier Reef does not get added to the "world heritage in
danger" list. The bill does not engage any human rights in a positive or negative manner.


Conclusion
The Bill is compliant with the Human Rights (Parliamentary Scrutiny) Act 2011.




                                      Senator Larissa Waters

[Index] [Search] [Download] [Bill] [Help]