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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Nature Repair Market (Consequential
Amendments) Bill 2023
No. , 2023
(Climate Change, Energy, the Environment and Water)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Nature Repair
Market Act 2023, and for other purposes
No. , 2023
Nature Repair Market (Consequential Amendments) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Clean Energy Regulator Act 2011
3
National Greenhouse and Energy Reporting Act 2007
8
No. , 2023
Nature Repair Market (Consequential Amendments) Bill 2023
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Nature Repair
2
Market Act 2023, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Nature Repair Market (Consequential Amendments)
6
Act 2023
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Nature Repair Market (Consequential Amendments) Bill 2023
No. , 2023
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) the commencement of the
Nature Repair
Market Act 2023
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2023
Nature Repair Market (Consequential Amendments) Bill 2023
3
Schedule 1--Amendments
1
2
Clean Energy Regulator Act 2011
3
1 Section 3
4
Omit:
5
•
The Regulator has such functions as are conferred on it by or
6
under:
7
(a)
the
Carbon Credits (Carbon Farming Initiative) Act
8
2011
; and
9
(b)
the
National Greenhouse and Energy Reporting Act
10
2007
; and
11
(c)
the
Renewable Energy (Electricity) Act 2000
; and
12
(d)
the
Australian National Registry of Emissions Units Act
13
2011
.
14
substitute:
15
•
The Regulator has such functions as are conferred on it by or
16
under:
17
(a)
the
Carbon Credits (Carbon Farming Initiative) Act
18
2011
; and
19
(b)
the
Nature Repair Market Act 2023
; and
20
(c)
the
National Greenhouse and Energy Reporting Act
21
2007
; and
22
(d)
the
Renewable Energy (Electricity) Act 2000
; and
23
(e)
the
Australian National Registry of Emissions Units Act
24
2011
.
25
2 Section 4
26
Insert:
27
biodiversity
has the same meaning as in the
Nature Repair Market
28
Act 2023
.
29
Schedule 1
Amendments
4
Nature Repair Market (Consequential Amendments) Bill 2023
No. , 2023
Biodiversity Convention
means the Convention on Biological
1
Diversity, done at Rio de Janeiro on 5 June 1992, as in force for
2
Australia from time to time.
3
Note:
The Convention is in Australian Treaty Series 1993 No. 32 ([1993]
4
ATS 32) and could in 2023 be viewed in the Australian Treaties
5
Library on the AustLII website (http://www.austlii.edu.au).
6
Biodiversity Department
means the Department administered by
7
the Biodiversity Minister
.
8
biodiversity law
means:
9
(a) the
Nature Repair Market Act 2023
or a legislative
10
instrument under that Act; or
11
(b) the
Regulatory Powers (Standard Provisions) Act 2014
as
12
applied by the
Nature Repair Market Act 2023
.
13
Biodiversity Minister
means the Minister who administers the
14
Nature Repair Market Act 2023
.
15
biodiversity project
has the same meaning as in the
Nature Repair
16
Market Act 2023
.
17
international biodiversity agreement
means:
18
(a) the Biodiversity Convention; or
19
(b) any other international agreement, signed on behalf of
20
Australia, that:
21
(i) relates to biodiversity; and
22
(ii) imposes obligations on Australia to take action to
23
enhance or protect biodiversity; or
24
(c) an international agreement, signed on behalf of Australia,
25
that:
26
(i) relates to biodiversity; and
27
(ii) is specified in a legislative instrument made by the
28
Biodiversity Minister for the purposes of this definition.
29
international biodiversity body
means:
30
(a) a body established under an international biodiversity
31
agreement; or
32
(b) a body established by a body mentioned in paragraph (a).
33
Amendments
Schedule 1
No. , 2023
Nature Repair Market (Consequential Amendments) Bill 2023
5
3 Section 4 (definition of methodology determination)
1
Repeal the definition.
2
4 Section 4 (definition of objectives of the Regulator)
3
Repeal the definition.
4
5 Paragraph 12(a)
5
After "climate change law", insert "or a biodiversity law".
6
6 At the end of subsection 18(2)
7
Add:
8
; (m) agriculture;
9
(n) biological or ecological science.
10
7 After paragraph 35(1)(e)
11
Insert:
12
; or (f) a person who is:
13
(i) a person assisting the Regulator under section 37; and
14
(ii) an SES employee or acting SES employee in the
15
Biodiversity Department; or
16
(g) a person who is:
17
(i) a person assisting the Regulator under section 37; and
18
(ii) an APS employee who holds or performs the duties of
19
an Executive Level 2 position, or an equivalent position,
20
in the Biodiversity Department.
21
8 At the end of subsection 41(3)
22
Add:
23
; or (e) the
Nature Repair Market Act 2023
.
24
9 At the end of section 41
25
Add:
26
(5) If the Minister is not the Biodiversity Minister, then, before giving
27
a direction to the Regulator under subsection (1) in relation to the
28
performance of its functions, or the exercise of its powers, under a
29
biodiversity law, the Minister must consult the Biodiversity
30
Minister.
31
Schedule 1
Amendments
6
Nature Repair Market (Consequential Amendments) Bill 2023
No. , 2023
10 Subsection 43(3)
1
After "climate change law", insert "or a biodiversity law".
2
11 Section 44 (heading)
3
After "
climate change law
", insert "
or a biodiversity law
".
4
12 Paragraphs 44(a) and (b)
5
After "climate change law", insert "or a biodiversity law".
6
13 After subsection 45(2)
7
Insert:
8
(2A) If protected information:
9
(a) was obtained under a biodiversity law; or
10
(b) is covered by section 222 of the
Nature Repair Market Act
11
2023
;
12
an official of the Regulator may disclose that information to the
13
Biodiversity Minister.
14
14 Subsection 45(3)
15
Omit "or (2)", substitute ", (2) or (2A)".
16
15 At the end of section 46
17
Add:
18
(3) An official of the Regulator may disclose protected information to:
19
(a) the Secretary of the Biodiversity Department; or
20
(b) an officer of the Biodiversity Department who is authorised
21
by the Secretary of the Biodiversity Department, in writing,
22
for the purposes of this subsection;
23
if the disclosure is for the purposes of:
24
(c) advising the Biodiversity Minister; or
25
(d) monitoring the operation of a biodiversity law; or
26
(e) evaluating the effectiveness of a biodiversity law; or
27
(f) facilitating the monitoring of Australia's compliance with its
28
international obligations under an international biodiversity
29
agreement; or
30
Amendments
Schedule 1
No. , 2023
Nature Repair Market (Consequential Amendments) Bill 2023
7
(g) facilitating the development of an international agreement
1
that relates to biodiversity.
2
16 Section 47 (at the end of the heading)
3
Add "
under the Carbon Credits (Carbon Farming Initiative) Act
4
2011
".
5
17 Paragraph 47(1)(d)
6
After "methodology determinations", insert "under that Act".
7
18 After section 47
8
Insert:
9
47A Disclosure or use for purposes of development of methodology
10
determinations under the Nature Repair Market Act 2023
11
(1) The Regulator may disclose or use protected information that
12
relates to a particular biodiversity project if:
13
(a) under section 15 of the
Nature Repair Market Act 2023
, the
14
Regulator has approved the registration of the biodiversity
15
project; and
16
(b) more than 7 years have passed since the application under
17
section 11 of that Act was made for the approval; and
18
(c) the information was:
19
(i) contained in the application; or
20
(ii) given in connection with the application; or
21
(iii) contained in a biodiversity project report; and
22
(d) the disclosure or use is for the purposes of facilitating the
23
development of one or more methodology determinations
24
under that Act.
25
(2) Subsection (1) does not apply to personal information (within the
26
meaning of the
Privacy Act 1988
).
27
19 After paragraph 49(1)(n)
28
Insert:
29
(na) the Director of National Parks;
30
(nb) the Regional Investment Corporation;
31
Schedule 1
Amendments
8
Nature Repair Market (Consequential Amendments) Bill 2023
No. , 2023
20 After paragraph 49(1)(x)
1
Insert:
2
(xa) a prescribed international biodiversity body;
3
21 Section 56A
4
Omit "or (2)(e)", substitute ", (2)(e) or (3)(b)".
5
National Greenhouse and Energy Reporting Act 2007
6
22 Section 7
7
Insert:
8
biodiversity audit
has the same meaning as in the
Nature Repair
9
Market Act 2023
.
10
biodiversity audit report
has the same meaning as in the
Nature
11
Repair Market Act 2023
.
12
23 At the end of subsection 75(1)
13
Add:
14
; and (g) preparing for and carrying out biodiversity audits; and
15
(h) preparing biodiversity audit reports.
16
24 Subsection 75A(1)
17
After "this Act", insert ", the
Nature Repair Market Act 2023
".
18
25 After paragraph 75A(5)(h)
19
Insert:
20
(ha) inspection of the performance of registered greenhouse and
21
energy auditors in carrying out biodiversity audits;
22