|
senate vote 2023-11-13#11
Edited by
mackay staff
on
2024-03-22 16:08:22
|
Title
Bills — Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023; in Committee- Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023 - in Committee - Merits review
Description
-
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2023-11-13.266.1) introduced by ACT Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent), which means they failed.
- ### What do these amendments do?
- Senator Pocock [explained that](https://www.openaustralia.org.au/senate/?gid=2023-11-13.266.1):
- > *These amendments would place some conditions on the carbon dioxide streams and would also ensure that there is merits review for decisions. ... It's so important that Australian citizens and concerned communities do have an avenue to challenge decisions. I would say it's fundamental to living in a democracy. We've covered a little bit of this ground over the last six days. We could continue, but I'll leave it there.*
- ### Amendment text
- > *SHEET 2150*
- >
- > *(1) Schedule 1, page 5 (after line 16), after item 3, insert:*
- >
- >> *3A After section 21*
- >>
- >>> *Insert:*
- >>>
- >>> *22 Conditions imposed by this section in respect of permits for the export of certain carbon dioxide streams*
- >>>
- >>> *(1) This section applies for each permit for the export of controlled material for dumping, where the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub-seabed geological formation.*
- >>>
- >>> *(2) A condition imposed in respect of the permit is that the holder of the permit, for an indefinite period after the permit has been granted, must:*
- >>>
- >>>> *(a) monitor whether the export, or any act or omission relating to the sequestration, is likely to cause or result in any condition or damage of the kind set out in paragraph 16(1)(a), (b) or (c); and*
- >>>>
- >>>> *(b) ensure the sequestration is maintained (including after the sequestration site is decommissioned) so that such a condition or such damage does not arise; and*
- >>>>
- >>>> *(c) repair or remedy any such condition, or mitigate any such damage, as does arise.*
- >>>
- >>> *(3) A condition imposed in respect of the permit is that the holder of the permit must, at all times after the permit has been granted, maintain financial assurance sufficient to give the holder the capacity to meet costs, expenses and liabilities arising in connection with, or as a result of complying (or failing to comply) with:*
- >>>
- >>>> *(a) the condition imposed by subsection (2); or*
- >>>>
- >>>> *(b) any other requirement under this Act or a legislative instrument under this Act, in relation to the export or the sequestration.*
- >>>
- >>> *(4) Without limiting subsection (3), the forms of financial assurance that may be maintained include one or more of the following:*
- >>>
- >>>> *(a) insurance;*
- >>>>
- >>>> *(b) a bond;*
- >>>>
- >>>> *(c) the deposit of an amount as security with a financial institution;*
- >>>>
- >>>> *(d) an indemnity or other surety;*
- >>>>
- >>>> *(e) a letter of credit from a financial institution;*
- >>>>
- >>>> *(f) a mortgage.*
- >>>
- >>> *(5) This section does not limit the conditions that may be imposed on the permit by the Minister under section 21. However, sections 21, 23 and 25 do not apply to a condition imposed by this section.*
- >>>
- >>>> *Note: Failure to comply with a condition imposed by this section, or by the Minister under section 21, is an offence (see section 36).*
- >>>
- >>> *(6) The conditions imposed under this section in respect of the permit continue to apply in relation to the holder of the permit if the permit ceases to be in force.*
- >>
- >> *3B Subsection 36(2)*
- >>
- >>> *Repeal the subsection, substitute:*
- >>>
- >>> *(2) An offence against this section is punishable on conviction as follows:*
- >>>
- >>>> *(a) if the condition is imposed by section 22—imprisonment for up to 10 years or a fine up to 319,489 penalty units, or both;*
- >>>>
- >>>> *(b) otherwise—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.*
- >
- > *(2) Schedule 1, item 4, page 5 (after line 28), at the end of the item, add:*
- >
- >> *(4) Section 22 of the Environment Protection (Sea Dumping) Act 1981, as inserted by this Part, applies in relation to permits granted on or after the commencement of this item.*
- _____
- > *SHEET 2152*
- >
- > *(1) Clause 2, page 3 (at the end of the table), add:*
- >
- > *(2) Schedule 1, page 17 (after line 7), at the end of the Schedule, add:*
- >
- >> *Part 3 — Merits review*
- >>
- >> *Environment Protection (Sea Dumping) Act 1981*
- >>
- >> *52 Subsection 24(2)*
- >>
- >>> *Repeal the subsection, substitute:*
- >>>
- >>>> *(2) Subsection (1) does not apply in relation to a decision by the Minister under subsection 19(7) granting, or refusing to grant, a permit.*
- >>
- >> *53 Application provision*
- >>
>>> *The amendment of subsection 24(2) of the Environment Protection (Sea Dumping) Act 1981 made by this Part applies in relation to decisions made on or after the commencement of this item.*- >>> *The amendment of subsection 24(2) of the Environment Protection (Sea Dumping) Act 1981 made by this Part applies in relation to decisions made on or after the commencement of this item.*
-
-
|
|
senate vote 2023-11-13#11
Edited by
mackay staff
on
2024-03-22 16:07:55
|
Title
Description
<p class="speaker">David Pocock</p><p>by leave—I move amendments (1) and (2) on sheet 2150 and amendments (1) and (2) on sheet 2152:</p>-
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2023-11-13.266.1) introduced by ACT Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent), which means they failed.
- ### What do these amendments do?
- Senator Pocock [explained that](https://www.openaustralia.org.au/senate/?gid=2023-11-13.266.1):
- > *These amendments would place some conditions on the carbon dioxide streams and would also ensure that there is merits review for decisions. ... It's so important that Australian citizens and concerned communities do have an avenue to challenge decisions. I would say it's fundamental to living in a democracy. We've covered a little bit of this ground over the last six days. We could continue, but I'll leave it there.*
- ### Amendment text
- > *SHEET 2150*
- >
- > *(1) Schedule 1, page 5 (after line 16), after item 3, insert:*
- >
- >> *3A After section 21*
- >>
- >>> *Insert:*
- >>>
- >>> *22 Conditions imposed by this section in respect of permits for the export of certain carbon dioxide streams*
- >>>
- >>> *(1) This section applies for each permit for the export of controlled material for dumping, where the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub-seabed geological formation.*
- >>>
- >>> *(2) A condition imposed in respect of the permit is that the holder of the permit, for an indefinite period after the permit has been granted, must:*
- >>>
- >>>> *(a) monitor whether the export, or any act or omission relating to the sequestration, is likely to cause or result in any condition or damage of the kind set out in paragraph 16(1)(a), (b) or (c); and*
- >>>>
- >>>> *(b) ensure the sequestration is maintained (including after the sequestration site is decommissioned) so that such a condition or such damage does not arise; and*
- >>>>
- >>>> *(c) repair or remedy any such condition, or mitigate any such damage, as does arise.*
- >>>
- >>> *(3) A condition imposed in respect of the permit is that the holder of the permit must, at all times after the permit has been granted, maintain financial assurance sufficient to give the holder the capacity to meet costs, expenses and liabilities arising in connection with, or as a result of complying (or failing to comply) with:*
- >>>
- >>>> *(a) the condition imposed by subsection (2); or*
- >>>>
- >>>> *(b) any other requirement under this Act or a legislative instrument under this Act, in relation to the export or the sequestration.*
- >>>
- >>> *(4) Without limiting subsection (3), the forms of financial assurance that may be maintained include one or more of the following:*
- >>>
- >>>> *(a) insurance;*
- >>>>
- >>>> *(b) a bond;*
- >>>>
- >>>> *(c) the deposit of an amount as security with a financial institution;*
- >>>>
- >>>> *(d) an indemnity or other surety;*
- >>>>
- >>>> *(e) a letter of credit from a financial institution;*
- >>>>
- >>>> *(f) a mortgage.*
- >>>
- >>> *(5) This section does not limit the conditions that may be imposed on the permit by the Minister under section 21. However, sections 21, 23 and 25 do not apply to a condition imposed by this section.*
- >>>
- >>>> *Note: Failure to comply with a condition imposed by this section, or by the Minister under section 21, is an offence (see section 36).*
- >>>
- >>> *(6) The conditions imposed under this section in respect of the permit continue to apply in relation to the holder of the permit if the permit ceases to be in force.*
- >>
- >> *3B Subsection 36(2)*
- >>
- >>> *Repeal the subsection, substitute:*
- >>>
- >>> *(2) An offence against this section is punishable on conviction as follows:*
- >>>
- >>>> *(a) if the condition is imposed by section 22—imprisonment for up to 10 years or a fine up to 319,489 penalty units, or both;*
- >>>>
- >>>> *(b) otherwise—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.*
- >
- > *(2) Schedule 1, item 4, page 5 (after line 28), at the end of the item, add:*
- >
- >> *(4) Section 22 of the Environment Protection (Sea Dumping) Act 1981, as inserted by this Part, applies in relation to permits granted on or after the commencement of this item.*
- _____
- > *SHEET 2152*
- >
- > *(1) Clause 2, page 3 (at the end of the table), add:*
- >
- > *(2) Schedule 1, page 17 (after line 7), at the end of the Schedule, add:*
- >
- >> *Part 3 — Merits review*
- >>
- >> *Environment Protection (Sea Dumping) Act 1981*
- >>
- >> *52 Subsection 24(2)*
- >>
- >>> *Repeal the subsection, substitute:*
- >>>
- >>>> *(2) Subsection (1) does not apply in relation to a decision by the Minister under subsection 19(7) granting, or refusing to grant, a permit.*
- >>
- >> *53 Application provision*
- >>
- >>> *The amendment of subsection 24(2) of the Environment Protection (Sea Dumping) Act 1981 made by this Part applies in relation to decisions made on or after the commencement of this item.*
<p class="italic">SHEET 2150</p><p class="italic">(1) Schedule 1, page 5 (after line 16), after item 3, insert:</p><p class="italic">3A After section 21</p><p class="italic">Insert:</p><p class="italic">22 Conditions imposed by this section in respect of permits for the export of certain carbon dioxide streams</p><p class="italic">(1) This section applies for each permit for the export of controlled material for dumping, where the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub-seabed geological formation.</p><p class="italic">(2) A condition imposed in respect of the permit is that the holder of the permit, for an indefinite period after the permit has been granted, must:</p><p class="italic">(a) monitor whether the export, or any act or omission relating to the sequestration, is likely to cause or result in any condition or damage of the kind set out in paragraph 16(1)(a), (b) or (c); and</p><p class="italic">(b) ensure the sequestration is maintained (including after the sequestration site is decommissioned) so that such a condition or such damage does not arise; and</p><p class="italic">(c) repair or remedy any such condition, or mitigate any such damage, as does arise.</p><p class="italic">(3) A condition imposed in respect of the permit is that the holder of the permit must, at all times after the permit has been granted, maintain financial assurance sufficient to give the holder the capacity to meet costs, expenses and liabilities arising in connection with, or as a result of complying (or failing to comply) with:</p><p class="italic">(a) the condition imposed by subsection (2); or</p><p class="italic">(b) any other requirement under this Act or a legislative instrument under this Act, in relation to the export or the sequestration.</p><p class="italic">(4) Without limiting subsection (3), the forms of financial assurance that may be maintained include one or more of the following:</p><p class="italic">(a) insurance;</p><p class="italic">(b) a bond;</p><p class="italic">(c) the deposit of an amount as security with a financial institution;</p><p class="italic">(d) an indemnity or other surety;</p><p class="italic">(e) a letter of credit from a financial institution;</p><p class="italic">(f) a mortgage.</p><p class="italic">(5) This section does not limit the conditions that may be imposed on the permit by the Minister under section 21. However, sections 21, 23 and 25 do not apply to a condition imposed by this section.</p><p class="italic">Note: Failure to comply with a condition imposed by this section, or by the Minister under section 21, is an offence (see section 36).</p><p class="italic">(6) The conditions imposed under this section in respect of the permit continue to apply in relation to the holder of the permit if the permit ceases to be in force.</p><p class="italic">3B Subsection 36(2)</p><p class="italic">Repeal the subsection, substitute:</p><p class="italic">(2) An offence against this section is punishable on conviction as follows:</p><p class="italic">(a) if the condition is imposed by section 22—imprisonment for up to 10 years or a fine up to 319,489 penalty units, or both;</p><p class="italic">(b) otherwise—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.</p><p class="italic">(2) Schedule 1, item 4, page 5 (after line 28), at the end of the item, add:</p><p class="italic">(4) Section 22 of the <i>Environment Protection (Sea Dumping) Act 1981</i>, as inserted by this Part, applies in relation to permits granted on or after the commencement of this item.</p><p class="italic">_____</p><p class="italic">SHEET 2152</p><p class="italic">(1) Clause 2, page 3 (at the end of the table), add:</p><p class="italic">(2) Schedule 1, page 17 (after line 7), at the end of the Schedule, add:</p><p class="italic">Part 3 — Merits review</p><p class="italic"> <i>Environment Protection (Sea Dumping) Act 1981</i></p><p class="italic">52 Subsection 24(2)</p><p class="italic">Repeal the subsection, substitute:</p><p class="italic">(2) Subsection (1) does not apply in relation to a decision by the Minister under subsection 19(7) granting, or refusing to grant, a permit.</p><p class="italic">53 Application provision</p><p class="italic">The amendment of subsection 24(2) of the <i>Environment Protection (Sea Dumping) Act 1981</i> made by this Part applies in relation to decisions made on or after the commencement of this item.</p><p>These amendments would place some conditions on the carbon dioxide streams and would also ensure that there is merits review for decisions. I think the merits review is incredibly important. Again, it is disappointing to not get support for something like that from the government, particularly when they're unable to point to CCS projects that are delivering and working well, and they're then ratifying this London protocol, which will allow more projects to happen. It's so important that Australian citizens and concerned communities do have an avenue to challenge decisions. I would say it's fundamental to living in a democracy. We've covered a little bit of this ground over the last six days. We could continue, but I'll leave it there.</p> <p class="speaker">Jonathon Duniam</p><p>Very briefly, the opposition won't be supporting these amendments.</p> <p class="speaker">Jenny McAllister</p><p>In relation to sheet 2152, the government doesn't support the amendments. This is the issue around merits review that Senate Pocock just referred to. The government does agree that merits review is an important mechanism for ensuring robust and fair regulatory processes, and the sea-dumping act provides for merits review for most permit decisions. However, the proposed amendments could potentially allow for related decisions under part A of the EPBC Act to be indirectly subject to review when no such merit review currently exists, and that would be inconsistent with the current operation of and policy position on the way that merits review operates within the EPBC Act. As senators know, we've started consultations on those broader issues surrounding the EPBC Act, and we look forward to engaging with senators in this place on that matter.</p><p>The government also does not support the amendments on sheet 2150, and I have previously indicated the reasons for that. It is essentially because we need to ensure that there is alignment across various regulatory regimes governing these activities, and officials are working through the way that that would be organised and would support organising briefings for interested senators on this process.</p> <p class="speaker">David Pocock</p><p>Minister, you said that there were some parts that don't have merits review. Could you maybe outline to the Senate which parts of the sea-dumping act?</p> <p class="speaker">Jenny McAllister</p><p>Existing section 24(2) of the sea-dumping act provides that merits review is not available for a ministerial decision to grant a permit if the same activity was subject to an inquiry under part 8 of the EPBC Act. The proposed amendment removes that subsection and would have the practical effect of making the EPBC decision subject to a merits review. That's why it's inconsistent with the present broad approach to merits review under that act. The government's reason for not supporting this is the way it interacts with the EPBC Act. But, as I indicated, we look forward to engaging with senators more generally about the way that merits review might be treated in the revisions that are presently under discussion.</p> <p class="speaker">David Pocock</p><p>Minister, given the government has essentially admitted that our EPBC Act is not working, and you've undertaken to update it, rewrite it—we don't know when that will happen. And Graeme Samuel was damning of the EPBC Act. It's not protecting nature. Are you comfortable with those actions under 24(2), which have gone to inquiry not having merits review, given the government has essentially admitted that the EPBC Act doesn't work and we don't know when EPBC 2.0 will be in place to better deal with these issues?</p> <p class="speaker">Jenny McAllister</p><p>The government, as you've indicated, does consider that the EPBC Act requires review. We are working through that, as you are well aware. We consider that questions relating to the operation of our nature laws should be considered in an integrated way, and for that reason our view is that these matters should be considered alongside all of the other questions that need to be dealt with in the review of our environmental laws.</p> <p class="speaker">Glenn Sterle</p><p>The question is that Senator Pocock's amendments (1) and (2) on sheet 2150, by leave together, and Senator Pocock's other amendments (1) and (2) on sheet 2152, by leave together, be agreed to.</p><p></p> -
-
|