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This is a Bill, not an Act. For current law, see the Acts databases.
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Climate Change and Water)
Contents
Page
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Climate Change and Water)
Climate Change and Greenhouse Gas Reduction Bill 2010
A Bill for
An Act to promote the development of policies and practices to address
climate change, to set targets to reduce greenhouse gas emissions and to provide
for monitoring and reporting in relation to the targets
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Climate Change and Greenhouse Gas Reduction Act 2010.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act.
Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
The objects of this Act are—
(a) to set targets to reduce greenhouse gas emissions and increase renewable energy use and generation in the ACT; and
(b) to provide for monitoring of and reporting on progress made in the ACT to meet the targets; and
(c) to facilitate the government’s development of policies and programs to meet the targets and to address and adapt to climate change; and
(d) to encourage private entities to take action to address climate change
and recognise the entities that take action.
6 ACT greenhouse gas emissions target
(1) The principal target (the ACT target) is to reduce greenhouse gas emissions in the ACT to achieve zero net emissions by 30 June 2060.
(2) In this section:
zero net emissions means that any emissions of greenhouse gas in the ACT are balanced by—
(a) avoidance and mitigation activities; and
(b) emissions offsets outside the ACT.
7 Interim greenhouse gas emissions targets
(1) The interim targets are to reduce greenhouse gas emissions in the ACT to—
(a) 40% less than 1990 emissions by 30 June 2020; and
(b) 80% less than 1990 emissions by 30 June 2050.
(2) In this section:
1990 emissions means the amount of greenhouse gas emissions in the ACT for the year ending on 30 June 1990.
8 Per person greenhouse gas emissions target
The per person target is for the average amount of greenhouse gas emissions produced per person in the ACT each year to peak by 30 June 2013.
A regulation may prescribe targets for the use or generation of renewable energy in the ACT.
10 Measuring greenhouse gas emissions—determinations
(1) The Minister must determine a method for measuring greenhouse gas emissions.
Note The power to make an instrument includes power to do the following:
(a) amend or repeal it (see Legislation Act, s 46);
(b) make different provision for different categories (see Legislation Act, s 48).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
11 Annual report by independent entity
(1) For each financial year, the Minister must ask an independent entity to prepare a report about greenhouse gas emissions and the targets mentioned in part 2 for the year.
Example—independent entity
independent competition and regulatory commission
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) The report must include—
(a) the amount of greenhouse gas emissions in the ACT for the year (the annual emissions amount), measured using the method determined under section 10; and
(b) an analysis of the ACT’s progress in meeting the targets mentioned in part 2 for the year, including—
(i) a comparison of the annual emissions amount with the targets mentioned in part 2; and
(ii) identification of the main sources of greenhouse gas emissions in the ACT; and
(iii) identification of possible reasons for changes in greenhouse gas emissions from previous years; and
(c) any other information prescribed by regulation.
(3) The independent entity must, within 28 days after completing a report, give the report to the Minister.
(4) The Minister must present the report to the Legislative Assembly within
2 months after receiving it.
(1) The Minister has the following functions:
(a) to regularly review issues relating to climate change;
(b) to promote action to meet the ACT target and the other targets mentioned in part 2;
(c) to develop, adopt or promote policies and programs relating to climate change;
(d) to consult business and community entities about issues relating to climate change;
(e) to consider and promote actions or strategies by business entities, including technological developments, to address or adapt to climate change or reduce greenhouse gas emissions;
(f) to promote the Territory’s involvement in state, national and international climate change forums;
(g) to promote the commercialisation, generation and use of renewable energy in the ACT;
(h) to promote the commercialisation and use of other technologies to reduce greenhouse gas emissions in the ACT;
(i) to promote research and development consistent with the objects of this Act;
(j) to support the development of regional, national and international approaches to addressing climate change;
(k) to consider and recommend amending a territory law (including this Act) or a government policy or practice if the Minister reasonably believes an amendment is necessary to achieve the objects of this Act;
(l) to assess the impact of climate change on the Territory;
(m) to support public education about climate change;
(n) any other functions given to the Minister under this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(2) In the exercise of the Minister’s functions, the Minister must try to work together with—
(a) the Australian government; and
(b) State governments; and
(c) the Climate Change Council; and
(d) regional governments overseas; and
(e) relevant international, business, environmental and community entities.
(1) For each financial year, the Minister must prepare a report on the actions the Minister has taken during the year in the exercise of the Minister’s functions under this Act.
(2) Each government agency must give the Minister information requested by the Minister about any policies developed or programs implemented by the agency during the financial year to address climate change, greenhouse gas emissions and the targets mentioned in part 2.
(3) The Minister must present the report to the Legislative Assembly within 6 months after the end of the financial year.
(4) In this section:
government agency—see the Public Sector Management Act
1994, dictionary.
The Climate Change Council is established.
(1) The main function of the council is to advise the Minister on matters relating to—
(a) reducing greenhouse gas emissions; and
(b) addressing, and adapting to, climate change.
(2) The council also has any other function given to the council under this Act.
Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
Note 2 A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(3) Without limiting subsection (1), the matters on which the council may advise the Minister include the following matters:
(a) actions or strategies to achieve energy efficiencies;
(b) actions or strategies to increase renewable energy use;
(c) actions or strategies to achieve the targets mentioned in part 2;
(d) community and business views on climate change, including—
(i) barriers to addressing climate change;
(ii) proposed actions or strategies to overcome the barriers;
(e) actions or strategies to encourage private entities to take action to reduce greenhouse gas emissions and address climate change;
(f) actions taken or strategies implemented by private entities to reduce greenhouse gas emissions and address climate change;
(g) commercial, regional, national and international practices or policies, including technological developments, to address climate change that may be used in the ACT.
(4) In exercising its functions, the council—
(a) must try to—
(i) consult representatives from business and the community, including environmental and conservation entities, on matters relating to climate change; and
(ii) provide information to private entities to encourage entities to take action to address, or adapt to, climate change; and
(b) must consider—
(i) the social, economic and environmental impact of issues relating to climate change; and
(ii) national and international practices or developments in climate change; and
(iii) any relevant report given to the Minister by an independent entity under section 11; and
(iv) information available in any other report the Minister requires the council to consider; and
(c) may consider any other relevant information.
16 Minister to consider council advice
In exercising a function under this Act, the Minister must consider any relevant advice given to the Minister by the council.
(1) The council consists of at least 5, but not more than 9, members appointed by the Minister.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3 A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
(2) The Minister must try to ensure that—
(a) the council includes people with a broad range of skills and knowledge relating to addressing, or adapting to, climate change; and
(b) the following people are among the members appointed:
(i) a person to represent the interests of business;
(ii) a person to represent the community’s interest in the environment;
(iii) a person to represent climate change science;
(iv) a person to represent environmental management;
(v) a person to represent the built environment;
(vi) a public employee.
(3) The Minister may appoint a person as a member only if satisfied that the person—
(a) is committed to addressing climate change; and
(b) has knowledge and experience in an area relevant to the operation of this Act.
(4) The conditions of appointment of a member are the conditions stated in the appointment.
The Minister must appoint a member of the council to be the chair of the council.
(1) The Minister may end the appointment of a member of the council—
(a) if the member contravenes a territory law; or
(b) for misbehaviour; or
(c) if the member becomes bankrupt or personally insolvent; or
(d) if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or
(e) if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(f) if the member is absent for 3 consecutive council meetings without leave; or
(g) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.
Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
(2) The Minister may also end the appointment of a member (the member concerned) if the council tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the members, to recommend to the Minister that the member’s appointment be ended.
(3) The council may pass a resolution mentioned in subsection (2) only if—
(a) at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and
(b) the member concerned has been given an opportunity to make submissions and present documents to a meeting of the council; and
(c) if the member concerned has used the opportunity mentioned in paragraph
(b)—a summary of the member’s submissions is recorded in the minutes
of the council and a copy of any documents presented is included in the
minutes.
(1) The Minister may make an agreement (a sector agreement) with an entity under which the entity agrees on a voluntary basis to assist in meeting the targets mentioned in part 2 by introducing strategies to—
(a) reduce greenhouse gas emissions; or
(b) increase use of renewable energy sources; or
(c) offset greenhouse gas emissions.
(2) A regulation may prescribe requirements for a sector agreement.
(3) A sector agreement must be consistent with the objects of this Act.
(4) A sector agreement is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
The Minister must review the operation of this Act and present a report of the review to the Legislative Assembly—
(a) as soon as practicable after the end of this Act’s 5th year of operation; and
(b) as soon as practicable after each subsequent 10 years of this Act’s operation.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• appoint
• disallowable instrument (see s 9)
• entity
• financial year
• function
• instrument (see s 14)
• may (see s 146)
• Minister (see s 162)
• must (see s 146)
• notifiable instrument (see s 10)
• person (see s 160)
• regulation
• territory law
• year.
council means the Climate Change Council established under section 14.
greenhouse gas emissions means emissions of any of the following gases:
(a) carbon dioxide;
(b) methane;
(c) nitrous oxide;
(d) hydrofluorocarbons;
(e) perfluorocarbons;
(f) sulphur hexafluoride;
(g) any other gas prescribed by regulation.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2010.
2 Notification
Notified under the Legislation Act on 2010.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2010
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