13th Nov 2023, 3:57 PM – Senate Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023 - in Committee - Permits for export of controlled material

The majority voted against amendments introduced by Tasmanian Senator Peter Whish-Wilson, which means they failed.

Amendment text

(1) Schedule 1, page 4 (before line 4), before item 1, insert:

1A Subsection 4(1)

Insert:

applicable risk framework and guidelines means the following:

(a) the Risk assessment and management framework for CO2 sequestration in sub-seabed geological structures, in Annex 3 to Resolution LC/SG-CO2 1/7 adopted on 3 November 2006 by the Contracting Parties to the Protocol;

(b) the Specific guidelines for the assessment of carbon dioxide for disposal into sub-seabed geological formations, in Annex 8 to Resolution LC 34/15 adopted on 2 November 2012 by the Contracting Parties to the Protocol.

Note: These documents could in 2023 be viewed on the International Maritime Organization's website (https:// www.imo.org/en/).

(2) Schedule 1, item 3, page 5 (after line 15), after paragraph 19(7B)(d), insert:

(da) that there is an agreement or arrangement in force:

(i) between the Commonwealth and each entity that is proposing to export the controlled material; and

(ii) under which each of those entities agrees to comply with the applicable risk framework and guidelines; and

(db) that the other country to which the export relates has equal or better standards of environmental management, regulation and enforcement as compared to Australia;

(3) 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 controlled material

(1) This section applies for each permit for the export of controlled material from Australia to another country for dumping.

(2) A condition imposed in respect of the permit is that the holder of the permit must:

(a) monitor whether the export of controlled material for dumping, or any act or omission relating to the export, 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 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.

(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.

(4) 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.