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This is a Bill, not an Act. For current law, see the Acts databases.
AVOIDING DANGEROUS CLIMATE CHANGE (CLIMATE CHANGE TRIGGER) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Avoiding Dangerous Climate Change
(Climate Change Trigger) Bill 2005
(Mr Albanese)
A Bill for an Act to amend the Environment
Protection and Biodiversity Conservation Act 1999
i Avoiding Dangerous Climate Change (Climate Change Trigger) Bill 2005
Contents
1.
Short title................................................1
2.
Commencement .......................................2
3.
Schedule(s)..............................................3
Schedule 1--Environment Protection and Biodiversity Conservation Act 1999
Avoiding Dangerous Climate Change (Climate Change Trigger) Bill 2005 1
A Bill for an Act to amend the Environment
1
Protection and Biodiversity Conservation Act 1999
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Avoiding Dangerous Climate Change
5
(Climate Change Trigger) Act 2005.
6
2 Commencement
7
This Act commences 30 days after the day on which it receives the
8
Royal Assent.
9
10
2 Avoiding Dangerous Climate Change (Climate Change Trigger) Bill 2005
3 Object of the Act
1
The object of this Act is to provide for the protection of the
2
environment.
3
4 Schedule(s)
4
Each Act that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1
Avoiding Dangerous Climate Change (Climate Change Trigger) Bill 2005 3
1
Schedule 1--Amendment of the Environment
2
Protection and Biodiversity
3
Conservation Act 1999
4
1 In section 25
5
Insert:
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25AA Requirement for approval of climate change
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actions
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(1)
A person must not knowingly, intentionally or recklessly take a
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climate change action that has, will have, or be likely to have a
10
significant impact on the environment.
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Civil penalty:
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(a) for an individual--5,000 penalty units;
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(b) for a body corporate--50,000 penalty units.
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(2) Subsection (1) of this section does not apply to an action if:
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(a) an approval for the person to take the action is in operation
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under Part 9 for the purposes of this section; or
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(b) Part 4 allows the person to take the action without an
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approval under Part 9 for the purposes of this section; or
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(c) there is in force a decision of the Minister under Division 2of
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Part 7 that
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(i) the action is not a controlled action; or
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(ii) the action is a controlled action but this section is not a
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controlling provision for the action.
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25AB What is a climate change action?
25
A climate change action means any of the following:
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(a) establishing an industrial plant or other facility which emits,
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or is likely to emit, more than 500,000 tonnes of carbon
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dioxide or carbon dioxide equivalent per year; or
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(b) any other action, series of actions, or program of actions,
30
which will lead, or are likely to lead, directly or indirectly to
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the emission of more than 500,000 tonnes of carbon dioxide
32
or carbon dioxide equivalent per year.
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34
Schedule 1
4 Avoiding Dangerous Climate Change (Climate Change Trigger) Bill 2005
141
Requirements for decisions about climate
1
change actions
2
3
(1) In deciding whether or not to approve for the purposes of
4
section 25AA the taking of a climate control action, and what
5
conditions to attach to such an approval, the Minister must
6
consider whether the direct or indirect emissions of carbon
7
dioxide or carbon dioxide equivalent that are likely to result
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from the action (whether the emissions will occur in Australia
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or overseas) will be minimised by the use of best practice
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environmental management and low emissions technology.
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12
(2) For the purpose of subsection (1), best practice environmental
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management and low emissions technology are management
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and technology to achieve an ongoing minimisation of the
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emissions of carbon dioxide or carbon dioxide equivalent
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through cost-effective measures assessed against the measures
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and technology currently used nationally and internationally.
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19