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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
ENVIRONMENT PROTECTION AND BIODIVERSITY
CONSERVATION AMENDMENT (MONITORING OF
WHALING) BILL 2012
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator Bob Brown)
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
AMENDMENT (MONITORING OF WHALING) BILL 2012
Outline
The purpose of the Environment Protection and Biodiversity Conservation
Amendment (Monitoring of Whaling) Bill 2010 is to require an Australian patrol
vessel to be sent to monitor any foreign whaling vessels in Australian waters,
including within the Australian Whale Sanctuary.
NOTES ON CLAUSES
Clause 1 - Short title
This clause provides for the bill, when enacted, to be cited as the Environment
Protection and Biodiversity Conservation Amendment (Monitoring of Whaling) Act
2012.
Clause 2 - Commencement
This clause provides for the Act to commence on the day it receives Royal Assent.
Clause 3 - Schedule(s)
This clause provides that an Act that is specified in a Schedule is amended or repealed
as set out in that Schedule, and any other item in a Schedule operates according to its
terms.
Schedule 1 - Amendment of the Environment Protection and Biodiversity
Conservation Act 1999
Item 1 - Requirement for an Australian vessel to monitor foreign whaling vessels
Item 1 inserts a new section 236A providing that a Commonwealth vessel is required
to monitor the activities of foreign whaling vessels in and around Australia's
designated Whale Sanctuary.
Subsection (2) provides that the Minister must make public a report into the activities
of foreign whaling vessels operating within the Australian Whale Sanctuary, both
within the first 30 days of when the monitoring commenced, and within 30 days of its
completion.
Subsection (3) defines certain terms.
Commonwealth vessel is defined as a vessel that is owned, possessed or controlled by
the Commonwealth or a Commonwealth agency, excluding vessels used by the
defence forces.
Foreign whaling vessel has the same meaning as in existing subsection 236(5).
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
(Monitoring of Whaling) Bill 2012
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
The Bill inserts the new section 236A"Monitoring foreign whaling vessels" into the
Environment Protection and Biodiversity Conservation Act 1999 which requires the
government to send a Commonwealth vessel to monitor any foreign whaling vessel
that enters or nears the whale sanctuary.
The Minister must then publicly release the observations of this vessel within 30 days
of that monitoring beginning and within 30 days after its completion.
A foreign vessel is already defined in the Act and for the purposes of this Bill a
Commonwealth vessel includes any vessel that is owned, possessed or controlled by
the Commonwealth or one of its agencies, excluding those used by the defence forces.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.