Commonwealth of Australia Explanatory Memoranda

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION (PUBLIC HEALTH AND SAFETY) AMENDMENT BILL 2010

                                     2010




         THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                       HOUSE OF REPRESENTATIVES




Environment Protection and Biodiversity Conservation (Public Health and Safety)
                             Amendment Bill 2010




                       EXPLANATORY MEMORANDUM




                           (Circulated by authority of
                      Luke Hartsuyker, Member for Cowper)
 Environment Protection and Biodiversity Conservation (Public Health and Safety)
                                    Amendment Bill 2010


OUTLINE
The purpose of the Bill is to amend the Environment Protection and Biodiversity
Conservation Act (EPBCA) 1999 to state that:


   ·   The Minister is deemed to have unconditionally approved, for the purposes of the
       Act, relocation of the flying fox colony in the northern New South Wales town of
       Maclean, in the locale of the Maclean High School, upon completion of State
       approvals by the New South Wales Government.


The Bill is being introduced following the infestation of a flying fox colony in the town of
Maclean. The grey-headed flying fox is a protected species under the Act and requires
approvals by the New South Wales Government and the Federal Minister to be removed
from an area.


The large colony has established itself adjacent to the Maclean High School, TAFE, and
residential development. The defecation, stench and noise of the colony are preventing the
school from functioning appropriately, are making residences uninhabitable and are
threatening the health and wellbeing of the students and staff at Maclean High School,
TAFE, and residents of the surrounding areas.


Conflicts are arising between the health and quality of life of residents and the desire to
protect the species under the terms of the Act. Removal of the bats is becoming an urgent
priority as the colony reaches its peak. This Bill clears federal obstacles for granting
removal of the bats and deems that the Minister has granted approval upon completions of
State approvals by the New South Wales Government.


FINANCIAL IMPACT
The Bill will have no financial impact.


NOTES ON CLAUSES
Item 1 - This item seeks to insert a clause into the Act which provides the following:
·   The Minister is deemed to have unconditionally approved, for the purposes of the
    Act, relocation of the flying fox colony in the northern New South Wales town of
    Maclean, in the locale of the Maclean High School, upon completion of State
    approvals by the New South Wales Government.

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