Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Climate Change and Greenhouse Gas Emissions
Reduction Bill 2020
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objects of Act 2
4. Guiding principles 3
5. Terms used 3
6. Act binds Crown 7
Part 2 -- Targets
7. Reduction of greenhouse gas emissions 8
8. Increase in renewable energy generation 8
9. Additional targets 8
10. Methods for determining compliance with targets 9
11. Amendment of methods for determining
compliance with targets 10
12. Annual determinations 10
Part 3 -- Administration
Division 1 -- The Minister
13. Term used 12
14. Functions of the Minister 12
15. Climate change strategy 13
16. Review of climate change strategy 14
17. Amendment or replacement of climate change
strategy 15
18. Reporting to Parliament 15
Division 2 -- Climate Change Council
19. Climate Change Council established 18
172--1 page i
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Contents
20. Membership 18
21. Functions 20
22. Schedule 1 has effect 21
23. Annual report 21
Part 4 -- Climate change
considerations
24. Terms used 23
25. Action not to have effect of exceeding threshold 23
26. Actions taken by decision makers 24
27. Minister may make guidelines 25
28. Status and publication of guidelines 26
29. Inconsistent laws 27
Part 5 -- Miscellaneous
30. Saving of rights at law 28
31. Documents to be published and made available 28
32. Regulations 29
33. Protection from liability for wrongdoing 29
34. Review of Act 30
Part 6 -- Consequential amendments
to other Acts
35. Constitution Acts Amendment Act 1899 amended 31
36. Environmental Protection Act 1986 amended 31
Schedule 1 -- Provisions about the
Climate Change Council
1. Term of office 32
2. Casual vacancy 32
3. Remuneration 33
4. Meetings 33
5. Holding meetings remotely 33
6. Voting 33
7. Disclosure of interests 34
8. Participation by interested member 34
9. Procedure at meetings 35
10. Minutes of meetings 35
11. Resolution without meeting 35
page ii
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon. Tim Clifford, MLC)
Climate Change and Greenhouse Gas Emissions
Reduction Bill 2020
A Bill for
An Act to provide for --
targets for the reduction of greenhouse gas emissions and the
increase in renewable energy generation; and
a climate change strategy and other measures that address
climate change; and
the establishment of the Climate Change Council,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Climate Change and Greenhouse Gas Emissions
4 Reduction Act 2020.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation.
10 3. Objects of Act
11 (1) The objects of this Act are --
12 (a) to minimise the State's contribution to global
13 greenhouse gas emissions and avoid the adverse impacts
14 of climate change;
15 (b) to reduce the State's greenhouse gas emissions
16 consistently with the long term emissions target and the
17 interim emissions target;
18 (c) to increase the State's generation of renewable
19 electricity consistently with the long term renewable
20 energy target and the interim renewable energy target;
21 (d) to increase the resilience to climate change of the State's
22 infrastructure, built and natural environment and
23 communities through effective mitigation, adaptation
24 and disaster risk reduction measures;
25 (e) to promote and support the State's regions, industries
26 and communities in the transition to a net zero emissions
27 economy including taking advantage of the
28 opportunities and addressing the impacts from it;
page 2
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Preliminary Part 1
s. 4
1 (f) to support individuals and communities vulnerable to
2 the impacts of climate change;
3 (g) to promote social justice and intergenerational equity.
4 (2) In pursuit of the objects of this Act, regard must be had to the
5 guiding principles.
6 4. Guiding principles
7 The guiding principles of this Act are --
8 1. The precautionary principle
9 Where there are threats of serious or irreversible damage
10 to the environment, lack of full scientific certainty
11 should not be used as a reason for postponing measures
12 to prevent that damage.
13 2. The principle of intergenerational equity
14 The present generation should ensure that the health,
15 diversity and productivity of the environment is
16 maintained or enhanced for the benefit of future
17 generations.
18 3. The principle of social equity
19 The benefits and burdens on individuals and
20 communities from the transition to a net zero emissions
21 economy are allocated and distributed according to the
22 contribution to greenhouse gas emissions and the
23 capacity to pay.
24 5. Terms used
25 (1) In this Act --
26 agency means any of the following --
27 (a) a public sector body as that term is defined in the Public
28 Sector Management Act 1994 section 3(1);
29 (b) a statutory authority as that term is defined in the
30 Financial Management Act 2006 section 3;
page 3
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 1 Preliminary
s. 5
1 climate change strategy means the strategy prepared under
2 section 15 or under section 17 as read with that section;
3 Council means the Climate Change Council established under
4 section 19;
5 greenhouse gas means any of the following --
6 (a) carbon dioxide;
7 (b) methane;
8 (c) nitrous oxide;
9 (d) hydro fluorocarbons;
10 (e) perfluorocarbons;
11 (f) sulphur hexafluoride;
12 (g) any other gas that is prescribed for the purposes of this
13 definition;
14 greenhouse gas emissions means the emission of one or more
15 greenhouse gases --
16 (a) in the State; or
17 (b) outside the State as a result of energy that was sourced,
18 produced or processed in the State;
19 fossil fuel means any of the following --
20 (a) petroleum as that term is defined in the Petroleum and
21 Geothermal Energy Resources Act 1967 section 5(1);
22 (b) coal;
23 (c) oil shale as that term is defined in the Mining Act 1978
24 section 8(1);
25 (d) methane clathrates;
26 guiding principles means the principles set out in section 4;
27 interim emissions target has the meaning given in section 7(2);
28 interim renewable energy target has the meaning given in
29 section 8(2);
30 long term emissions target has the meaning given in
31 section 7(1);
page 4
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Preliminary Part 1
s. 5
1 long term renewable energy target has the meaning given in
2 section 8(1);
3 member means a member of the Council appointed under
4 Division 2 of Part 3;
5 net emissions means the number determined as the net
6 emissions in the following equation --
7 net emissions = E - R
8 where --
9 E is the amount of greenhouse gas emissions for the
10 relevant period determined in accordance with the target
11 methodology for the long term emissions target
12 R is the amount of greenhouse gases removed from the
13 atmosphere for the relevant period determined in
14 accordance with the target methodology for the long term
15 emissions target;
16 net zero emissions means the net emissions for the relevant
17 period is equal to or less than zero;
18 non-renewable energy source means any of the following --
19 (a) fossil fuels;
20 (b) nuclear;
21 (c) waste to energy;
22 (d) native forest biomass;
23 prescribed target means a target prescribed under section 9(1);
24 renewable electricity means electricity generated from a
25 renewable energy source;
26 renewable energy source means any of the following --
27 (a) hydro;
28 (b) wave;
29 (c) tide;
30 (d) ocean thermal;
page 5
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 1 Preliminary
s. 5
1 (e) wind;
2 (f) solar;
3 (g) geothermal;
4 (h) any other energy source that is prescribed for the
5 purposes of this definition but which may not include a
6 non-renewable energy source;
7 reporting year means the period of 12 months ending on the
8 immediately preceding 30 June;
9 target means each of the following --
10 (a) long term emissions target;
11 (b) interim emissions target;
12 (c) long term renewable energy target;
13 (d) interim renewable energy target;
14 (e) a prescribed target;
15 target date means the date by which a target is to be met under
16 section 7, 8 or 9 as the case requires, being in the case of --
17 (a) the interim renewable energy target, 30 June 2025;
18 (b) the long term renewable energy target and the interim
19 emissions target, 30 June 2030;
20 (c) the long term emissions target, 30 June 2040;
21 (d) a prescribed target, the target date that is prescribed for
22 the purposes of the target under section 9(3);
23 target methodology means the method for determining
24 compliance with the relevant target as is --
25 (a) prescribed under section 10(2); or
26 (b) set under section 10(3); or
27 (c) amended under section 11 as read with section 10,
28 as the case may be;
29 transition to a net zero emissions economy means the collective
30 efforts by the government, agencies, industries, communities
31 and individuals to meet the targets.
page 6
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Preliminary Part 1
s. 6
1 6. Act binds Crown
2 This Act binds the Crown in right of Western Australia and, so
3 far as the legislative power of the Parliament permits, the Crown
4 in all its other capacities.
page 7
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 2 Targets
s. 7
1 Part 2 -- Targets
2 7. Reduction of greenhouse gas emissions
3 (1) The long term emissions target is to reduce greenhouse gas
4 emissions to achieve net zero emissions by 30 June 2040.
5 (2) The interim emissions target is to reduce net greenhouse gas
6 emissions by at least 50% of the 2005 levels of greenhouse gas
7 emissions, by 30 June 2030.
8 8. Increase in renewable energy generation
9 (1) The long term renewable energy target is 100% of electricity
10 generated in the State by 30 June 2030 is from renewable
11 energy sources.
12 (2) The interim renewable energy target is 50% of electricity
13 generated in the State by 30 June 2025 is from renewable
14 energy sources.
15 9. Additional targets
16 (1) The regulations may prescribe supplementary targets in relation
17 to one or more of the following --
18 (a) greenhouse gas emissions;
19 (b) the removal of greenhouse gases from the atmosphere;
20 (c) renewable energy sources in the State;
21 (d) the generation of electricity from renewable energy
22 sources in the State.
23 (2) A prescribed target may bring forward, but may not extend, a
24 target date for a target set out in section 7 or section 8.
25 (3) The regulations must prescribe a target date for a prescribed
26 target.
page 8
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Targets Part 2
s. 10
1 10. Methods for determining compliance with targets
2 (1) In this section, the method for determining compliance with a
3 target in relation to --
4 (a) the long term emissions target and interim emissions
5 target includes --
6 (i) the method for determining the amount of
7 greenhouse gas emissions;
8 (ii) determining the activities that remove
9 greenhouse gases from the atmosphere;
10 (iii) the method for determining the amount of
11 greenhouse gases removed from the atmosphere
12 due to those activities;
13 (iv) setting the baseline 2005 levels of greenhouse
14 gas emissions;
15 (b) the long term renewable energy target and the interim
16 renewable energy target includes --
17 (i) determining the energy sources that generate
18 electricity in the State and which of those are
19 renewable energy sources;
20 (ii) the method for determining the amount of
21 electricity generated from energy sources.
22 (2) The regulations may prescribe the method for determining
23 compliance with a target.
24 (3) Subject to subsection (2), the Minister must set the method for
25 determining compliance with each target within 6 months of the
26 day on which this section comes into operation.
27 (4) Before the method for determining compliance with a target is
28 prescribed or set, the Minister must --
29 (a) consult with the Council and attempt to reach consensus
30 with the Council within the period referred to in
31 subsection (3); and
page 9
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 2 Targets
s. 11
1 (b) obtain written advice from one or more persons who are,
2 in the Minister's opinion, appropriately qualified to
3 provide independent expert advice,
4 on the proposed method.
5 (5) The Minister must ensure that the method for determining
6 compliance with a target is consistent with the best national and
7 international practices that relate to the method for determining
8 compliance with the target.
9 (6) The Minister must publish the method for determining
10 compliance with a target under section 31, within 28 days of the
11 date on which it is set under subsection (3).
12 11. Amendment of methods for determining compliance with
13 targets
14 (1) The Minister may amend a method for determining compliance
15 with a target set under section 10(3).
16 (2) Sections 10(1), (4) and (5) apply to an amendment of a method
17 for determining compliance with a target in a similar manner as
18 if a reference in those sections to setting the method for
19 determining compliance with a target were a reference to an
20 amendment of that method.
21 (3) The Minister must publish an amendment of a method for
22 determining compliance with a target under section 31, within
23 28 days of the date on which the method is amended.
24 12. Annual determinations
25 (1) The Minister must, by 31 August in each year and in accordance
26 with any applicable target methodology, determine for the
27 reporting year --
28 (a) the amount of greenhouse gas emissions; and
29 (b) the amount of greenhouse gases removed from the
30 atmosphere; and
page 10
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Targets Part 2
s. 12
1 (c) the amount of net greenhouse gas emissions expressed
2 as a percentage of the 2005 levels of greenhouse gas
3 emissions, subject to subsection (2); and
4 (d) the net emissions; and
5 (e) the average amount of greenhouse gas emissions per
6 individual in the State; and
7 (f) the percentage of electricity generated in the State from
8 renewable energy sources; and
9 (g) any other matter prescribed under subsection (3).
10 (2) The Minister is only required to make a determination under
11 subsection (1)(c) until the later of the period ending
12 30 June 2030 or the date on which the interim emissions target
13 is met.
14 (3) The regulations may prescribe a matter to be determined by the
15 Minister under subsection (1) in relation to a prescribed target.
page 11
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 3 Administration
Division 1 The Minister
s. 13
1 Part 3 -- Administration
2 Division 1 -- The Minister
3 13. Term used
4 In this Division --
5 Minister's determinations means the determinations made by
6 the Minister under section 12.
7 14. Functions of the Minister
8 (1) The Minister has the following functions --
9 (a) to develop a climate change strategy for the State;
10 (b) to develop policies and to promote strategies and actions
11 including by agencies, industries and communities, that
12 are intended to contribute to meeting the targets;
13 (c) to promote the State's involvement in state, national and
14 international climate change forums;
15 (d) to promote the development and use of technologies that
16 are intended to eliminate or reduce greenhouse gas
17 emissions or to increase the removal of greenhouse
18 gases from the atmosphere;
19 (e) to promote the creation of jobs in industries that
20 contribute to the elimination or reduction of greenhouse
21 gas emissions or to the increase in the removal of
22 greenhouse gases from the atmosphere;
23 (f) to promote the generation and use of renewable
24 electricity in the State;
25 (g) to promote the creation of jobs in the renewable
26 electricity industry in the State;
27 (h) to support initiatives, including training and education,
28 for the transition of workers from jobs in industries
29 relating to the generation of electricity from
30 non-renewable energy sources;
page 12
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Administration Part 3
The Minister Division 1
s. 15
1 (i) to promote the creation of jobs in the regions that give
2 effect to the objects of this Act or support the removal of
3 greenhouse gases from the atmosphere;
4 (j) to promote research and development consistent with
5 the objects of this Act;
6 (k) to undertake monitoring and other programs to assess
7 the existing and future effects of climate change in the
8 State;
9 (l) to support public education about climate change;
10 (m) to provide reports and to publish other information and
11 analysis relating to --
12 (i) climate change; or
13 (ii) initiatives, strategies or actions that address
14 climate change or that are intended to contribute
15 to meeting a target;
16 (n) to undertake any other functions given to the Minister
17 under this Act.
18 (2) In the exercise of the Minister's functions, the Minister must --
19 (a) apply the guiding principles; and
20 (b) have regard to the advice of the Council.
21 15. Climate change strategy
22 (1) The Minister must prepare a climate change strategy and
23 publish it under section 31, within 12 months of the day on
24 which this section comes into operation.
25 (2) The climate change strategy must include a statement of the
26 following --
27 (a) the proposed pathways for meeting the targets
28 including --
29 (i) the policies that have been developed or are
30 proposed to be developed; and
page 13
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 3 Administration
Division 1 The Minister
s. 16
1 (ii) the strategies or actions including by agencies,
2 industries and communities, that have been
3 promoted or are proposed to be promoted; and
4 (b) the priorities and timelines for the government in
5 developing the proposed policies and promoting or
6 undertaking the proposed strategies or actions; and
7 (c) the likely impact of the transition to a net zero emissions
8 economy on --
9 (i) low-income households and other socially or
10 financially disadvantaged people; and
11 (ii) workers in industries, regions and communities
12 which are likely to be significantly impacted by
13 the transition to a net zero emissions economy,
14 including due to employment in a particular
15 industry or location in a particular region.
16 (3) The climate strategy must include a transition plan which
17 provides for fair and just measures proposed to address the
18 expected impact of the transition to a net zero emissions
19 economy on the--
20 (a) households and people referred to in
21 subsection (2)(c)(i); and
22 (b) workers, regions and communities referred to in
23 subsection (2)(c)(ii).
24 (4) The climate change strategy may include measures relating to
25 the mitigation of or adaptation to the effects of climate change,
26 and disaster risk reduction.
27 (5) The Minister must, in preparing the climate change strategy,
28 consult with the Council.
29 16. Review of climate change strategy
30 (1) The Minister must carry out a review of the climate change
31 strategy at intervals of not longer than 5 years from the day on
32 which this section comes into operation.
page 14
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Administration Part 3
The Minister Division 1
s. 17
1 (2) The Minister must prepare a report based on each review.
2 (3) Section 17 applies if the Minister determines, as a result of a
3 review, the climate change strategy should be amended or
4 revoked and substituted with a replacement climate change
5 strategy.
6 17. Amendment or replacement of climate change strategy
7 (1) The Minister may --
8 (a) amend the climate change strategy; or
9 (b) revoke the climate change strategy and immediately
10 substitute it with a replacement climate change strategy.
11 (2) Sections 15(2), (3), (4) and (5) apply to --
12 (a) an amendment of the climate change strategy in a
13 similar manner as if a reference in those sections to the
14 climate change strategy were a reference to an
15 amendment of the strategy;
16 (b) the revocation of the climate change strategy and
17 immediate substitution of it with a replacement climate
18 change strategy as if a reference in those sections to the
19 climate change strategy were a reference to the
20 replacement strategy.
21 (3) The Minister must publish an amendment of the climate change
22 strategy or notice of the revocation of the climate change
23 strategy and the replacement strategy under section 31, within
24 28 days of the date on which the strategy is amended or revoked
25 and replaced.
26 18. Reporting to Parliament
27 (1) The Minister must, by 31 October in each year, prepare a report
28 and cause it to be laid before each House of Parliament.
29 (2) The report must include --
30 (a) a description of each target and the target methodology
31 for the target; and
page 15
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 3 Administration
Division 1 The Minister
s. 18
1 (b) the Minister's determinations for the reporting year; and
2 (c) a comparison of the Minister's determinations for the
3 reporting year with the Minister's determinations made
4 since the commencement of this Act; and
5 (d) identification of the following matters for the reporting
6 year --
7 (i) the main sources of greenhouse gas emissions by
8 industry type and the quantity and type of
9 greenhouse gas emissions by each industry; and
10 (ii) the main methods of removing greenhouse gases
11 from the atmosphere and the quantity and type of
12 greenhouse gases removed from the atmosphere
13 by each method; and
14 (iii) the main energy sources for the generation of
15 electricity and the quantity of electricity
16 generated by each source; and
17 (e) an explanation of the possible reasons for any change in
18 the Minister's determinations for the reporting year from
19 the preceding Minister's determination; and
20 (f) an analysis of the progress in meeting the targets and an
21 assessment of cumulative progress towards meeting the
22 targets; and
23 (g) an analysis of the performance and effectiveness of the
24 pathways in the climate change strategy; and
25 (h) an analysis of the performance of any policies or
26 schemes that promote any of the matters described in
27 subsection (3); and
28 (i) an analysis of the performance and effectiveness of any
29 strategies or actions promoted, or undertaken by any
30 agency, that relate to any of the matters described in
31 subsection (3); and
32 (j) any other prescribed information, including any that
33 may be prescribed under subsection (4); and
page 16
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Administration Part 3
The Minister Division 1
s. 18
1 (k) any other information relevant to the targets that the
2 Minister considers appropriate.
3 (3) The following matters apply for the purposes of
4 subsections (2)(h) and (i) --
5 (a) the elimination or reduction of greenhouse gas
6 emissions;
7 (b) an increase in the amount of greenhouse gases removed
8 from the atmosphere;
9 (c) the generation of electricity from renewable energy
10 sources in the State.
11 (4) The regulations may prescribe information that must be
12 included in a report prepared under subsection (1) in relation to
13 a prescribed target.
14 (5) Every second report that is tabled after the day on which this
15 section comes into operation must also include a description
16 of --
17 (a) what has been done in the performance of the Minister's
18 functions since the last report that included information
19 under this subsection (5); and
20 (b) the results of the performance of the Minister's
21 functions referred to in subsection (a); and
22 (c) the levels of investment and employment in the State in
23 relation to the --
24 (i) reduction of greenhouse gas emissions; and
25 (ii) removal of greenhouse gases from the
26 atmosphere; and
27 (iii) generation of electricity from renewable energy
28 sources compared with other energy sources; and
29 (d) what the Minister has done to promote or achieve an
30 increase in the levels of investment or employment
31 referred to in subsection (c).
page 17
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 3 Administration
Division 2 Climate Change Council
s. 19
1 (6) The report that is tabled next after a target date must state
2 whether the target has been met.
3 (7) If a target has not been met by the target date, the report that is
4 tabled next after the target date and each subsequent report until
5 the target is met must also include --
6 (a) an explanation why the target has not been met; and
7 (b) what action the Minister is taking so the target will be
8 met, or if it is an interim target, the corresponding long
9 term target will be met; and
10 (c) how that action differs from the action that was taken for
11 the target that was not met.
12 (8) The report that is tabled next after a review of the climate
13 change strategy under section 16 must include a summary of the
14 outcome of the review and --
15 (a) a summary of what action has been taken or is proposed
16 to be taken as a result of the review, including an
17 amendment or revocation and substitution with a
18 replacement climate change strategy; or
19 (b) an explanation why no action has been taken and none is
20 proposed to be taken as a result of the review.
21 Division 2 -- Climate Change Council
22 19. Climate Change Council established
23 A body called the Climate Change Council is established.
24 20. Membership
25 (1) The Council is to consist of 7, 8 or 9 members, appointed by an
26 instrument in writing signed by the Minister.
27 (2) The Minister must ensure that --
28 (a) persons appointed to be members of the Council have a
29 broad range of skills and knowledge relating to climate
30 change;
page 18
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Administration Part 3
Climate Change Council Division 2
s. 21
1 (b) at least one person is appointed who is an Aboriginal
2 person and who represents the interests of Aboriginal
3 people;
4 (c) one or more persons is appointed who is qualified to
5 represent each of the following --
6 (i) the environment and conservation sector; and
7 (ii) the scientific community; and
8 (iii) the interests of people who are socially or
9 financially disadvantaged; and
10 (d) other persons are appointed who have an interest,
11 expertise, experience or skills in a range of backgrounds
12 including --
13 (i) the local government sector; or
14 (ii) the business community; or
15 (iii) the energy sector; or
16 (iv) the transport or land use planning sectors; or
17 (v) the agricultural sector; or
18 (vi) the health sector.
19 (3) The Minister must not appoint a person to be a member unless
20 the person has demonstrated to the Minister's satisfaction that
21 the person --
22 (a) is committed to action to address climate change; and
23 (b) has an understanding of the issues and impacts
24 associated with climate change.
25 (4) A person must not be appointed to be a member if the person is
26 a public service officer.
27 (5) The regulations may prescribe the procedure for appointing
28 persons as members.
29 (6) The Minister must appoint a member to be the chairperson of
30 the Council.
page 19
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 3 Administration
Division 2 Climate Change Council
s. 21
1 21. Functions
2 (1) The primary functions of the Council are --
3 (a) to provide independent and expert advice to the Minister
4 on --
5 (i) reducing greenhouse gas emissions; and
6 (ii) removing greenhouse gases from the
7 atmosphere; and
8 (iii) promoting the renewable electricity industry; and
9 (iv) addressing climate change and its effects
10 including mitigation, adaptation and disaster risk
11 reduction measures; and
12 (b) to review progress in meeting the targets and the
13 performance by the Minister of the functions under
14 section 14.
15 (2) The Council has such other functions as are conferred on it by
16 the Minister or this Act.
17 (3) In performing its functions, the matters on which the Council
18 may advise the Minister include any of the following --
19 (a) policies, actions or strategies to achieve energy
20 efficiencies;
21 (b) policies, actions or strategies to increase renewable
22 electricity generation and use;
23 (c) policies, actions or strategies to achieve the targets;
24 (d) the impact of climate change on the business sector or
25 the broader community including --
26 (i) barriers to addressing climate change; and
27 (ii) proposed actions or strategies to overcome the
28 barriers;
29 (e) policies, actions or strategies to encourage private
30 entities to take action to --
31 (i) reduce greenhouse gas emissions;
page 20
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Administration Part 3
Climate Change Council Division 2
s. 22
1 (ii) increase the removal of greenhouse gases from
2 the atmosphere;
3 (iii) increase the generation and use of renewable
4 electricity;
5 (iv) address climate change and its effects;
6 (f) commercial, regional, national and international
7 practices or policies, including technological
8 developments, to address climate change that may be
9 suitable for use in or applicable to the State;
10 (g) costs associated with addressing, failing to address and
11 inadequately addressing climate change.
12 22. Schedule 1 has effect
13 Schedule 1 has effect in relation to the Council.
14 23. Annual report
15 (1) The Council must on or before 30 November in each year make
16 and submit to the Minister an annual report of its proceedings
17 and activities for the reporting year.
18 (2) The annual report must include --
19 (a) a summary of any advice or recommendations given by
20 the Council to the Minister during the reporting year;
21 and
22 (b) the Council's review, under section 21(1)(b), of progress
23 in meeting the targets and the performance by the
24 Minister of the functions under section 14.
25 (3) The Minister must cause the following documents to be laid
26 before each House of Parliament within 14 sitting days of the
27 House after the Council's report is received by the Minister --
28 (a) a copy of the Council's annual report; and
29 (b) a statement that sets out --
30 (i) the extent to which the Minister has acted on any
31 advice or recommendations given by the Council
page 21
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 3 Administration
Division 2 Climate Change Council
s. 23
1 or an independent expert under section 10(4)(b),
2 to the Minister during the reporting year; or
3 (ii) if the Minister has not acted on any of the advice
4 or recommendations given by the Council or an
5 independent expert under section 10(4)(b), the
6 reasons for not doing so.
page 22
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Climate change considerations Part 4
s. 24
1 Part 4 -- Climate change considerations
2 24. Terms used
3 (1) In this Part --
4 action has the meaning given in subsection (2);
5 decision maker means any Minister of the Crown, agency or
6 other person exercising a power or otherwise taking action
7 under a written law;
8 guidelines means guidelines made under section 27.
9 (2) For the purposes of this Part, action means a --
10 (a) recommendation given or decision made; or
11 (b) policy, program, strategy, report, practice or process
12 developed, prepared, approved or implemented,
13 that has the potential, if acted on or applied, to do any of the
14 following --
15 (c) impact the State's ability to mitigate or adapt to climate
16 change or to undertake disaster risk reduction measures;
17 (d) contribute to greenhouse gas emissions;
18 (e) impact the removal of greenhouse gases from the
19 atmosphere.
20 25. Action not to have effect of exceeding threshold
21 (1) A decision maker must not take an action if it will, or is likely
22 to, have the effect of permitting or approving a new project,
23 development or facility that would exceed a threshold.
24 (2) For the purposes of this section --
25 carbon dioxide equivalence, of an amount of greenhouse gas,
26 means the amount of the gas multiplied by a value specified in
27 the regulations in relation to that kind of greenhouse gas;
page 23
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 4 Climate change considerations
s. 26
1 threshold means any of the following --
2 (a) the total amount of greenhouse gases emitted each year
3 by the project, development or facility would have a
4 carbon dioxide equivalence of 25 kilotonnes or more;
5 (b) the total amount of energy produced each year by the
6 project, development or facility from a non-renewable
7 energy source would be 100 terajoules or more;
8 (c) the total amount of energy consumed each year by the
9 project, development or facility from a non-renewable
10 energy source would be 100 terajoules or more.
11 26. Actions taken by decision makers
12 (1) A decision maker must, before taking an action, have regard
13 to --
14 (a) the potential impacts of climate change relevant to the
15 action, if acted on or applied; and
16 (b) the potential contribution to greenhouse gas emissions
17 of the action, if acted on or applied; and
18 (c) the guiding principles; and
19 (d) any guidelines that are relevant to the action itself or the
20 action if acted on or applied.
21 (2) A decision maker must, before taking an action to which
22 section 24(2)(c) applies, also have regard to the potential
23 biophysical, economic, environmental, health and social impacts
24 including --
25 (a) potential long term and short term impacts; and
26 (b) potential beneficial and detrimental impacts; and
27 (c) potential direct and indirect impacts; and
28 (d) potential cumulative impacts.
page 24
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Climate change considerations Part 4
s. 27
1 (3) A decision maker must, before taking an action to which
2 section 24(2)(d) applies, also have regard to --
3 (a) potential long term and short term greenhouse gas
4 emissions; and
5 (b) potential direct and indirect greenhouse gas emissions;
6 and
7 (c) potential increases and decreases in greenhouse gas
8 emissions; and
9 (d) potential cumulative impacts of greenhouse gas
10 emissions.
11 (4) A decision maker must, before taking an action to which
12 section 24(2)(e) applies, also have regard to --
13 (a) potential long term and short term removal of
14 greenhouse gases from the atmosphere; and
15 (b) potential increases and decreases in the removal of
16 greenhouse gases from the atmosphere; and
17 (c) potential cumulative impacts of the removal of
18 greenhouse gases from the atmosphere.
19 (5) This section does not affect or limit the function or discretion of
20 a decision maker to consider any other matter before taking an
21 action.
22 (6) A decision maker must document how the matters referred to in
23 this section were had regard to before taking the action.
24 27. Minister may make guidelines
25 (1) The Minister may make guidelines to provide policy or practical
26 guidance to decision makers about any matter that relates to
27 taking an action under, or complying with, this Part.
28 (2) The guidelines may relate to one or more of the following --
29 (a) the State's ability to mitigate or adapt to climate change
30 or to undertake disaster risk reduction measures;
31 (b) greenhouse gas emissions;
page 25
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 4 Climate change considerations
s. 28
1 (c) the removal of greenhouse gas emissions from the
2 atmosphere;
3 (d) any of the matters provided for in section 26(1), (2), (3)
4 or (4);
5 (e) the potential of an action, if acted on or applied, to
6 impact the State's ability to mitigate or adapt to climate
7 change or to undertake disaster risk reduction measures;
8 (f) the potential of an action, if acted on or applied, to
9 contribute to greenhouse gas emissions;
10 (g) the potential of an action, if acted on or applied, to
11 impact the removal of greenhouse gases from the
12 atmosphere;
13 (h) the possible application to an action of any State policy
14 on the mitigation or adaptation to climate change or
15 disaster risk reduction;
16 (i) the possible application to an action of any State policy
17 on greenhouse gas emissions;
18 (j) the possible application to an action of any State policy
19 on the removal of greenhouse gases from the
20 atmosphere.
21 (3) The Minister may vary or revoke any guidelines.
22 (4) The Minister must, in making or varying any guidelines, have
23 regard to the guiding principles.
24 (5) The Minister must, before making, varying or revoking any
25 guidelines, consult with the Council.
26 28. Status and publication of guidelines
27 (1) Guidelines are not subsidiary legislation for the purposes of the
28 Interpretation Act 1984.
29 (2) The Interpretation Act 1984 sections 41, 43 (other than
30 subsection (6)) and 44 apply to guidelines as if they were
31 subsidiary legislation.
page 26
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Climate change considerations Part 4
s. 29
1 (3) If there is a conflict or inconsistency between a provision of this
2 Act and a provision of the guidelines, the provision of this Act
3 prevails.
4 (4) For the purposes of this section, guidelines includes a variation
5 or revocation of guidelines.
6 29. Inconsistent laws
7 Whenever a provision of this Part is inconsistent with a
8 provision contained in, or ratified or approved by, any other
9 written law, the provision of this Part prevails.
page 27
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 5 Miscellaneous
s. 30
1 Part 5 -- Miscellaneous
2 30. Saving of rights at law
3 Nothing in this Act in any way affects any right any person has
4 at law to prevent, control or abate the impacts of climate
5 change, greenhouse gas emissions or the generation of
6 electricity from non-renewable energy sources or to obtain
7 damages.
8 31. Documents to be published and made available
9 (1) In this section --
10 department means the department principally assisting in the
11 administration of this Act;
12 document means any of the following --
13 (a) a method for determining compliance with a target set
14 under section 10(3);
15 (b) an amendment of a method for determining compliance
16 with a target made under section 11;
17 (c) the climate change strategy;
18 (d) an amendment of the climate change strategy or notice
19 of revocation of the climate change strategy and the
20 replacement climate change strategy made under
21 section 17.
22 (2) Publication of a document must be effected by publishing --
23 (a) the document in the Gazette; or
24 (b) a notice in the Gazette stating that the document has
25 been prepared or made and that particulars of its
26 contents may be obtained from the head office of the
27 department and the department's website.
page 28
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Miscellaneous Part 5
s. 32
1 (3) Particulars of a document and any guidelines made or varied
2 under section 27 must be --
3 (a) made available at the head office of the department; and
4 (b) published on, or accessible through, the department's
5 website.
6 32. Regulations
7 (1) The Governor may make regulations prescribing matters --
8 (a) required or permitted by this Act to be prescribed; or
9 (b) necessary or convenient to be prescribed for giving
10 effect to the purposes of this Act.
11 (2) The regulations may provide for the Minister to require persons
12 to provide information to the Minister to enable the Minister to
13 perform the Minister's functions under this Act.
14 (3) Regulations made for the purposes of subsection (2) may
15 provide for offences against the regulations and prescribe
16 penalties for those offences not exceeding a fine of $10 000.
17 33. Protection from liability for wrongdoing
18 (1) An action in tort does not lie against a person for anything that
19 the person has done, in good faith, in the performance or
20 purported performance of a function under this Act.
21 (2) The State is also relieved of any liability that it might otherwise
22 have had for another person having done anything as described
23 in subsection (1).
24 (3) The protection given by this section applies even though the
25 thing done as described in subsection (1) may have been
26 capable of being done whether or not this Act had been enacted.
27 (4) In this section, a reference to the doing of anything includes a
28 reference to an omission to do anything.
page 29
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Part 5 Miscellaneous
s. 34
1 34. Review of Act
2 (1) The Minister must carry out a review of the operation and
3 effectiveness of this Act as soon as is practicable after every
4 5th anniversary of the commencement of this section.
5 (2) In the course of the review the Minister must consider and have
6 regard to --
7 (a) the extent to which the objects of this Act, including the
8 targets, have been or are being achieved; and
9 (b) the extent to which additional legislative measures may
10 be necessary to achieve the objects of this Act; and
11 (c) any other matters that appear to the Minister to be
12 relevant to the operation and effectiveness of this Act.
13 (3) The Minister must prepare a report based on each review.
14 (4) The Minister must --
15 (a) in carrying out the review, consult with the Council; and
16 (b) in preparing the report, include in it a summary of any
17 advice or recommendations given by the Council in
18 relation to the review.
19 (5) The Minister must, as soon as is practicable after the report is
20 prepared, cause it to be laid before each House of Parliament.
page 30
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Consequential amendments to other Acts Part 6
s. 35
1 Part 6 -- Consequential amendments to other Acts
2 35. Constitution Acts Amendment Act 1899 amended
3 (1) This section amends the Constitution Acts Amendment Act 1899.
4 (2) In Schedule V Part 3 after the item relating to the Chicken Meat
5 Industry Committee insert:
6 The Climate Change Council established under the Climate
7 Change and Greenhouse Gas Emissions Reduction Act 2020.
8 36. Environmental Protection Act 1986 amended
9 (1) This section amends the Environmental Protection Act 1986.
10 (2) In section 5 delete --Whenever‖ and insert:
11 Subject to section 29 of the Climate Change and Greenhouse
12 Gas Emissions Reduction Act 2020, whenever
page 31
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Schedule 1 Provisions about the Climate Change Council
cl. 1
1 Schedule 1 -- Provisions about the Climate Change
2 Council
3 [s. 22]
4 1. Term of office
5 (1) A member holds office for the period, not exceeding 3 years,
6 specified in the instrument of appointment.
7 (2) A member may be reappointed.
8 2. Casual vacancy
9 (1) The office of a member becomes vacant if the member dies or resigns
10 or the member's appointment is terminated under this clause.
11 (2) A member may at any time resign from office by notice in writing
12 given to the Minister.
13 (3) The Minister may, by written notice given to a member, terminate the
14 appointment of the member --
15 (a) if the member has been absent, without leave or reasonable
16 excuse, from 3 consecutive meetings of the Council of which
17 the member has had notice; or
18 (b) if the member is, according to the Interpretation Act 1984
19 section 13D, a bankrupt or a person whose affairs are under
20 insolvency laws; or
21 (c) on the grounds of --
22 (i) mental or physical incapacity, other than temporary
23 illness, impairing the performance of the member's
24 duties; or
25 (ii) neglect of duty; or
26 (iii) misconduct; or
27 (iv) incompetence; or
28 (d) for any other reasonable cause.
page 32
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Provisions about the Climate Change Council Schedule 1
cl. 3
1 3. Remuneration
2 A member is to be paid such remuneration and allowances as the
3 Minister determines from time to time on the recommendation of the
4 Public Sector Commissioner.
5 4. Meetings
6 (1) The Council must meet at least 4 times a year.
7 (2) The member appointed under section 20(6) as chairperson must, if
8 present, preside at all Council meetings.
9 (3) If the chairperson is not present at a Council meeting, the members
10 present at the meeting are to elect one of their number to preside.
11 (4) The quorum for a Council meeting is any 4 members.
12 5. Holding meetings remotely
13 The presence of a member at a Council meeting need not be by
14 attendance in person but may be by that member and each other
15 member at the meeting being simultaneously in contact by telephone
16 or other means of instantaneous communication.
17 6. Voting
18 (1) Each member present at a Council meeting has a deliberative vote
19 unless clause 8 prevents the member from voting.
20 (2) A question is to be resolved by a majority of the votes cast.
21 (3) If there is an equality of votes the member presiding has a casting
22 vote in addition to a deliberative vote.
23 (4) If a resolution relating to giving advice or a recommendation to the
24 Minister is passed by the exercise of a casting vote under
25 subclause (3), the Council must provide to the Minister at the same
26 time as providing the advice or recommendation a summary of any
27 minority view and the reasoning for it, if requested to do so at the
28 meeting by a member who voted against the resolution.
page 33
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Schedule 1 Provisions about the Climate Change Council
cl. 7
1 7. Disclosure of interests
2 (1) A member who has a material personal interest in a matter being
3 considered or about to be considered by the Council must, as soon as
4 possible after the relevant facts come to the member's knowledge,
5 disclose the nature and extent of the interest at a Council meeting.
6 (2) If a member has, in the opinion of the person presiding at a Council
7 meeting, a material personal interest in a matter being considered or
8 about to be considered by the Council, the person presiding may call
9 on the member to disclose the nature and extent of that interest and, in
10 default of any such disclosure, may determine that the member has the
11 interest.
12 (3) A disclosure under subclause (1) or a determination under
13 subclause (2) must be recorded in the minutes of the meeting.
14 8. Participation by interested member
15 (1) A member who has made a disclosure of an interest in a matter, or in
16 respect of whom a determination has been made in relation to a
17 matter --
18 (a) may take part in the consideration or discussion of the matter;
19 and
20 (b) must not be present at nor take part in a vote, whether at the
21 meeting or otherwise, to advise the Minister on the matter.
22 (2) Subclause (1) does not apply in relation to a member if --
23 (a) the member disclosed an interest in a matter under clause 7(1)
24 or the person presiding at the meeting has determined that the
25 member has an interest in a matter under clause 7(2); and
26 (b) the Council has passed a resolution that --
27 (i) specifies the member, the interest and the matter; and
28 (ii) states that the members voting for the resolution are
29 satisfied that the interest is not significant enough to
30 be likely to unduly influence the member's conduct
31 in considering or voting on the matter; and
32 (c) the member was not present while the resolution in
33 paragraph (b) was being considered at a Council meeting and
34 did not vote on the resolution.
page 34
Climate Change and Greenhouse Gas Emissions Reduction Bill 2020
Provisions about the Climate Change Council Schedule 1
cl. 9
1 9. Procedure at meetings
2 The Council is to determine its own meeting procedures to the extent
3 they are not fixed by this Act.
4 10. Minutes of meetings
5 The Council must keep accurate minutes of its meetings.
6 11. Resolution without meeting
7 A resolution in writing signed or otherwise assented to in writing by
8 each member has the same effect as if it had been passed at a meeting,
9 and must be recorded in the minutes of the Council's next meeting.
10
[Index] [Search] [Download] [Related Items] [Help]