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CONTENTS
Environment, Sport and Territories Legislation Amendment
Bill 1996
Date Introduced: 12 December 1996
House: Senate
Portfolio: Environment, Sport and
Territories
Commencement: Upon Royal Assent except:
- The amendments to the Environment, Sport and Territories
Legislation Amendment Act 1995 which are taken to have
commenced when that act received the Royal Assent;
- The amendments to the National Parks and Wildlife
Conservation Act 1975 which concern the annual reporting
requirements. They commence on Royal Assent only if Schedule 2 to
the Audit (Transitional and Miscellaneous) Amendment Act
1996 has not commenced; and
- The amendments to the Wet Tropics of Queensland World
Heritage Area Conservation Act 1994 which incorporate any
amendments to the agreement between the Commonwealth and Queensland
governments, are taken to have commenced at the time of enactment
of that act.
The Bill is an omnibus Bill amending a number of pieces of
legislation in the Environment, Sport and Territories
portfolio.
As there is no central theme to the Bill, the background to each
major piece of legislation will be discussed in the relevant
sections below.
Schedule 1996-97
Australian Capital Territory (Planning and Land Management)
Act 1988
Background
The National Capital Planning Authority (NCPA) was established
in 1989, at the same time that self-government was introduced into
the Australian Capital Territory. Prior to 1989, the National
Capital Development Commission existed and performed similar tasks
to the NCPA.The NCPA Annual Report indicates (at p v) that by
arrangement with the Minister the new name, the National Capital
Authority,was 'to take effect for administrative purposes from 1
July 1996.'
Items 1-4 amend the Australian Capital
Territory (Planning and Land management) Act 1988 so as to
change the name of the National Capital Planning Authority to the
National Capital Authority.
Section 25B of the Acts Interpretation Act 1901
provides that where an Act changes the name of a body, unless the
contrary intention is shown, the body's existence and it's identity
are not affected.
Australian Sports Drug Agency Act 1990
Item 5 amends subsection 10(2) so as to allow
the Australian Sports Drug Agency (ASDA) to charge fees for its
services, advice or information.The fee set by the ASDA must not
amount to a taxation, which means that it must be proportionate to
the service provided.The Explanatory Memorandum (at p5) notes that
this amendment will enable the ASDA to charge a fee which includes
a profit to persons seeking to use the drug testing facilities on a
commercial basis (ie who are not compelled to under the
legislation).
Christmas Island Act 1958
Section 11 of the Christmas Island Act 1958 establishes
a Supreme Court of Christmas Island Territory and Part IVA confers
jurisdiction on the Western Australian courts and court officers as
if the Christmas Island Territory were part of Western
Australia.
The Western Australian Supreme Court Act 1935 provides
the powers and duties of the Registrar of the court and of the
sheriff(and certain officers who act with the power of the
sheriff).
Items 7-11 extend the conferring of
jurisdiction to the District Court of Western Australia and to
people empowered by the Western Australian legislation to exercise
the powers of a Registrar of the Supreme Court (WA), a judge of the
District Court (WA) or a sheriff (of either the District Court or
the Supreme Court).
Item 13 deletes an obsolete provision that
enabled people to obtain Australian citizenship under Part V of the
Act.The amendment will ensure that all persons who previously
acquired citizenship under this provision retain their
citizenship.
Cocos (Keeling) Islands Act 1955
As with the above amendments to the Christmas Island Act
1958, Items 14-15 delete the now obsolete
citizenship provisions, whilst preserving the legality of any
Australian citizenship obtained under the previous provisions.
Similarly again, jurisdiction is conferred on the Western
Australia District Court and court officers (a Registrar of the
Supreme Court, a Judge of the District Court or a Sheriff or a
person lawfully exercising the powers and functions of a Sheriff of
either the Supreme Court or the District Court.)
Coral Sea Islands Act 1969
Background
The proposed amendments to the Preamble of this act will extend
its application to the Middleton and Elizabeth reefs which are
situated approximately 150km north of Lord Howe Island.Those reefs
are currently situated within Australia's Exclusive Economic Zone
and Australia exercises sovereignty over them.
Middleton Reef was discovered by Lieutenant John Shortland in
1788, during his return voyage from the First Fleet.It was named
after Admiral Sir Charles Theodore Middleton.
Elizabeth Reef was not discovered for about a further 30 years,
although the Britannia wrecked there in 1806.Elizabeth
Reef was named after the Elizabeth which was wrecked on
the reef in 1831.
Middleton and Elizabeth Reefs are notable for being the most
southerly coral atolls in the world and home to many rare and
endangered species (eg the Black Cod). In 1994, a Management Plan
was introduced for the Elizabeth and Middleton Reefs Marine
National Nature Reserve.The reserve is protected by the
National Parks and Wildlife Conservation Act 1975.
Main Provisions
Items 20 and 21 amend the Coral Sea Islands
Act 1969 so as to include Middleton and Elizabeth Reefs in the
Coral Sea Island Territory.
Customs Act 1901
Item 22 merely inserts a provision which
enables regulations to be made that will extend the application of
the Customs Act 1901 to the Territory of Ashmore and
Cartier Islands.
Endangered Species Protection Act 1992
Item 25 extends from 30 days to 90 days the
time within which the Minister must gazette any decision to add or
to delete a species from a list.The Explanatory Memorandum pp7-8
refers to the 'new inclusion of Endangered Species or Vulnerable
Species or other amendments to the Schedules to the Act' but not
only inclusions but deletions are specified in section 24 and are
therefore affected.
The Scientific Subcommittee remains prevented from publicising
anything regarding its advice to the Minister until either the
decision to list or de-list is gazetted or until 30 days (about to
be changed to 90 days for advices received after the commencement
of the Bill) have elapsed.
Environment Protection (Sea Dumping) Act 1981
Background
The International Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter ('the London
Convention') was negotiated in 1972 and entered into force for
Australia on 20 September 1985. The London Convention has been
amended a number of times since its inception and the latest set of
three amendments were completed on 12 November 1993. Australia and
Russia were the two countries which did not agree outright to the
phase-out date for industrial waste dumping at sea of 1 January
1996.Australia accepted the amendments by declaration deposited on
15 February 1994, except the provisions relating to the dumping at
sea of jarosite waste.Australia retained the option of dumping
jarosite waste at sea after the deadline of 1 January 1996 but not
beyond 31 December 1997.
Jarosite waste, a by-product of the zinc smelting process, is 'a
fine-grained, high-moisture-content material which consists largely
of ammonium jarosite (containing iron, ammonium and sulfate),
gypsum and calcine residue which together form a complex
mixture.'(1)
The company Pasminco Metals-EZ has been producing jarosite waste
at its Hobart smelter and disposing of it at sea since 1973.The
rate of disposal authorised was up to 240,000 tonnes (dry weight)
per twelve month period.In 1991, the then Department of Arts,
Sport, the Environment, Tourism and Territories commissioned the
CSIRO Marine Laboratories to prepare a report, including biological
sampling, of the effects of jarosite waste dumping at sea.
The CSIRO report considered the oceanographic effects, conducted
sediment studies and biological sampling to determine the effect of
jarosite dumping at sea.For the biological sampling, some 48
commercially or ecologically significant taxa of the water column
(rather than the seabed) were studied.Some species were found to
have concentrations of heavy metals (primarily selenium, mercury
and cadmium) above the recommended health standards.The study
concluded that whilst heavy metal contamination could not be linked
to the jarosite dumping (p12),proof that jarosite dumping had no
effect on contamination of the foodchain could also not be
proven.(2)
Provisions
Item 29 inserts subsection 19(4A) which extends
the time in which the Minister must give a decision to either 30
days after all processes required under the Environmental
Protection (Impact of Proposals) Act 1974 or90 days after the
application is made, whichever is the later.As the Explanatory
Memorandum states (at p 8) this amendment will allow the Minister
time after a Public Environment Report is completed, to make a
decision in relation to an application for a permit.
The latest amendments to the London Convention will be inserted
into Schedule 1 of the Environment Protection (Sea Dumping) Act
1981 by item 35.Schedule 3A inserts those
amendments to the London Convention which deal with the phasing out
of disposing of industrial waste at sea.
Environment, Sport and Territories Legislation Amendment
Act 1995
This item corrects a drafting error inserted in the 1995
amendment to the Australian Sports Commission Act
1989.
Great Barrier Reef Marine Park Act 1975
The existing provisions of the Great Barrier Reef Marine
Park Act 1975 contain an anomaly in that Defence Force vessels
or aircraft are guilty of an offence under the act if they
discharge waste in emergency circumstances.Civilian ships or
planes, in cases of the emergency discharging of waste, are
exempted from the criminal provisions. This is due to the fact that
existing section 38J(1) makes it an offence for 'a person' to
'intentionally or negligently discharge waste in the Marine
Park'.Existing subsections 38J(4) and (5) allow certain vessels and
aircraft to discharge waste in certain circumstances, including
emergency situations. Since 'vessel' and 'aircraft' are defined in
subsection 38J(7) to exclude Defence Force vessels and aircraft
(whether Australian or Foreign Military)these vessels and aircraft
remain guilty of an offence if they discharge waste in any
emergency situation (whereas in the same circumstances a civilian
vessel would be exempt).
Item 40 attempts to overcome the above
anomaly.However, the effect of item 40 is to exempt all Defence
Force vessels and aircraft from the whole of existing section
38J.This will result in it no longer being an offence for a Defence
Force vessel or aircraft (whether Australian or foreign) to
intentionally or negligently discharge waste in the Great Barrier
Reef Marine Park.
For Operation Tandem Thrust, conducted in March 1997, the
Department of Defence marine headquarters applied to the Minister
for the Environment for permits for a number of small vessels to
discharge sewage within the Great Barrier Reef Marine Park.The
permits were granted on 18 February 1997.(3)
Items 44 and 46 respectively remove the
definitions of aircraft and vessel (each of which included foreign
military aircraft and vessels).
Migration Act 1958
Section 7 of the Act extends its application to the Coral Seas,
Christmas Island and Coco Keeling Territories.The amendment will
include the Territory of Ashmore and Cartier Islands in this
list.
National Parks and Wildlife Conservation Act 1975
Item 50corrects a reference to section 48 of
the Endangered Species Protection Act 1992.Section 48 has
nothing to do with the annual reporting requirements and the
reference should be to 'section 49'.
The Ozone Protection Act 1989
Background
Ozone, a three-atom form of oxygen, is produced by the reaction
of ordinary oxygen to the sun's ultra-violet radiation in the upper
atmosphere.Ozone forms a protective layer in the upper atmosphere
and shields the earth from the majority of the sun's ultra-violet
radiation. Scientific studies have demonstrated that ozone is
destroyed by certain chemicals, primarily halons and
chlorofluorocarbons (CFC's).These chemicals are found in such
everyday things such as aerosol sprays, dry-cleaning fluids,
cooling systems (refrigeration and air-conditioning), some fire
extinguishers and polystyrene.
Since the 1970's the scientific community began documenting the
appearance and expansion of the hole in the ozone layer.The hole
initially appeared over Antarctica but grew to cover an area larger
than Europe at certain times of the year.When concern in the
general scientific community became apparent, it was quickly
recognised that the thinning of the ozone layer was a global
problem, requiring an international solution.The first
international agreement addressing the problem was the Vienna
Convention for the Protection of the Ozone Layer 1985.However,
the Vienna Convention did not set targets for countries to meet for
reducing their output of ozone-depleting chemicals.As a result, the
Montreal Protocol on Substances that Deplete the Ozone Layer
1987 was negotiated, followed by a number of additional
protocols with progressively stronger reduction targets.
The Ozone Protection Act 1989 was Australia's response
to the Montreal Protocol.There are also a number of pieces of State
legislation that address the issue of reducing the output of ozone
depleting chemicals.For a comprehensive discussion of the
background to the Ozone Protection Act 1989 and the 1995
amendments see Bills Digest No. 11 of 1995/96.(4)
Australia has implemented the Montreal Protocol by imposing
controls on methyl bromide and HCFCs (hydrochlorofluorocarbons) as
from 1 January 1996.A licence is now required for the manufacture,
import or export of these substances.
Not all ozone depleting chemicals (generally bromine and
chlorine compounds) have the same effect on the ozone
layer.Generally speaking, bromine is much worse as it breaks up
ozone at around 50 times the rate that chlorine does.However,
bromine only remains active in the stratosphere for a couple of
years, whereas chlorine can remain active in the ozone layer for
around 100 years.
Methyl bromide is odourless, colourless, tasteless and highly
toxic gas that is a broad spectrum fumigant.Its uses include the
control of pests and diseases in horticultural soils, stored
grains, quarantine and for many other types of fumigation.(5)
Methyl bromide is currently scheduled to be phased out by 2010.
HCFCs, scheduled to be phased out by 2020, are ozone depleting
but do comparatively less damage to the ozone layer than CFCs and
are considered a transitional chemical to aid the phase outof
CFC's.HCFC's are commonly used as refrigerants, solvents and
blowing agents for plastic foam manufacture.One of the HCFC's,
which goes by the common name of HCFC-22, was described in the
current legislation by the wrong chemical formula.Items
57-58 amend the formula to CHF2CL.
Amendments to the Ozone Protection Act 1989 in 1995
sought to ban the export and import of HBFC's
(hydrobromofluorocarbons).This implemented a decision of a further
meeting of the parties to the Convention (Copenhagen 1992).However,
the 1992 agreement provided for the Parties to specify agreed
'essential uses' for HBFC's which would then be exempted from the
absolute ban that came in on 1 January 1996.Item
51 amends the definition of an 'essential uses licence' to
include the importation of specified HBFC's.
Quarantine Act 1908
Item 60 inserts new section 6AB into the Quarantine Act
1908 which provides that regulations may be made under the act
which extend its application to the Territory of Ashmore and
Cartier Islands.
Wet Tropics of Queensland World Heritage Area Conservation
Act 1994
Item 61 merely amends the objects of the Act to ensure that any
amendments to the 1990 agreement between the Commonwealth and
Queensland, relating to the management of the World Heritage Listed
Wet Tropics area, are incorporated.
- Research on Jarosite Dumping at Sea (December 1994), Report of
CSIRO Australia, Executive Summary Volume 1 of 5: 1.
- Ibid.: 12
- Senate Hansard, p1450, 6 March 1997, Senator The Honourable
Robert Hill
- O'Brien, S, Ozone Protection Amendment Bill 1995,
Parliamentary Library, Bills Digest No. 11 of 1995 96.
- For a discussion of the issue of methyl bromide compounds and
similar halons, see for example: Litfin, K Ozone Discourses:
Science and Politics in Global Environmental Cooperation
(1994) , Columbia University Press: 169 176.
Susan Downing
12 June 1997
Bills Digest Service
Information and Research Services
This Digest does not have any official legal status. Other
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ISSN 1328-8091
© Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library,
1997.
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Last updated: 12 June 1997
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