16th May 2024, 6:28 PM – Senate Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024 - Committee of the whole - Consultation and sunsetting

The majority voted in favour of a motion that subsections 790E(1A) to (1D) and (6) in item 6 of schedule 2 stand as printed. This division was put after the opposition moved that:

(2) Schedule 2, item 6, page 61 (line 23) to page 63 (line 2), subsections 790E(1A) to (1D) to be opposed.

(3) Schedule 2, item 6, page 64 (lines 10 to 21), subsection 790E(6) to be opposed.

Text of subsections 790E(1A)-(1D) and (6)

790E Approval under Environment Protection and Biodiversity Conservation Act 1999 —interaction with this Act and Environment Regulations

Consultation with Environment Minister etc.

(1A) Before the Governor-General makes regulations (the designated regulations ) that amend or replace regulations (the prescribed regulations ) that are prescribed for the purposes of paragraph (1)(a), the Minister must:

(a) be satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999 ; and

(b) consult with the Environment Minister about the designated regulations; and

(c) have received notice from the Environment Minister that:

(i) the Environment Minister is satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999 ; or

(ii) the Environment Minister is not satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999.

(1B) If subparagraph (1A)(c)(ii) applies in relation to the designated regulations, the designated regulations, and any subsequent compilation (within the meaning of the Legislation Act 2003 ) of the prescribed regulations, must:

(a) specify that subparagraph (1A)(c)(ii) applies in relation to the designated regulations; and

(b) contain a statement setting out the effect of paragraph (1C)(b).

(1C) If subparagraph (1A)(c)(ii) applies in relation to the designated regulations, then:

(a) if a provision of the designated regulations would, apart from this paragraph, commence earlier than 28 days after the day the designated regulations are registered on the Federal Register of Legislation—the provision commences at the start of that 28th day; and

(b) subsection (1) does not apply in relation to conduct engaged in in relation to a relevant action on or after the earliest day on which any of the provisions of the designated regulations commence.

(1D) None of the following affect the validity or enforceability of regulations made under this Act:

(a) a failure to comply with paragraph (1A)(a) or (b);

(b) the fact that notice mentioned in paragraph (1A)(c) is not given;

(c) if subparagraph (1A)(c)(ii) applies in relation to particular designated regulations—that fact.

Sunsetting

(6) Subsection (1) does not apply in relation to conduct engaged in in accordance with regulations (the designated regulations ) if:

(a) other regulations are prescribed for the purposes of paragraph (1)(a) (the prescribed regulations ); and

(b) the designated regulations amended or replaced some or all of the prescribed regulations; and

(c) all of the provisions of the designated regulations commenced after the end of the period of 12 months starting on the day the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Act 2024 receives the Royal Assent.