Commonwealth Numbered Acts

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT ACT (NO. 1) 2003 NO. 88, 2003 - SCHEDULE 4

Environment Protection and Biodiversity Conservation Act 1999

1A After section 74

Insert:

74A Minister may request referral of a larger action

(1)

If the Minister receives a referral in relation to a proposal to take an action by a person, and the Minister is satisfied the action that is the subject of the referral is a component of a larger action the person proposes to take, the Minister may decide to not accept the referral.

(2)

If the Minister decides to not accept a referral under subsection (1), the Minister:

(a)

must give written notice of the decision to the person who referred the proposal to the Minister; and

(b)

must give written notice of the decision to the person who is proposing to take the action that was the subject of the referral; and

(c)

may, under section 70, request of the person proposing to take the action that was the subject of the referral, that they refer the proposal, to take the larger action, to the Minister.

(3)

To avoid doubt, sections 73 and 74 do not apply to a referral that has not been accepted in accordance with subsection (1).

(4)

If the Minister decides to accept a referral under subsection (1), the Minister must, at the time of making a decision under section 75:

(a)

give written notice of the decision to the person who referred the proposal to the Minister;

(b)

publish in accordance with the regulations (if any), a copy or summary of the decision.

1B After subsection 75(1)

Insert:

(1AA)

To avoid doubt, the Minister is not permitted to make a decision under subsection (1) in relation to an action that was the subject of a referral that was not accepted under subsection 74A(1).

1C Subsection 77(3)

Repeal the subsection.

1D Subsection 77(5)

Repeal the subsection.

1E After section 77

Insert:

77A Action to be taken in a particular manner

(1)

If, in deciding whether the action is a controlled action or not, the Minister has made a decision (the component decision ) that a particular provision of Part 3 is not a controlling provision for the action because the Minister believes it will be taken in a particular manner (whether or not in accordance with an accredited management plan for the purposes of a declaration under section 33 or a bilaterally accredited management plan for the purposes of a bilateral agreement), the notice, to be provided under section 77, must set out the component decision, identifying the provision and the manner.

Note: The Minister may decide that a provision of Part 3 is not a controlling provision for an action because he or she believes that the action will be taken in a manner that will ensure the action will not have (and is not likely to have) an adverse impact on the matter protected by the provision.

(2)

A person must not take an action, that is the subject of a notice that includes a particular manner under subsection (1), in a way that is inconsistent with the manner specified in the notice.

Civil penalty:

(a)

for an individual—1,000 penalty units, or such lower amount as is prescribed by the regulations;

(b)

for a body corporate—10,000 penalty units, or such lower amount as is prescribed by the regulations.

1F Paragraph 78(1)(b)

Omit "in the notice under subsection 77(3)", substitute "under subsection 77A(1) in the notice given under section 77".

1G Application

The amendment of paragraph 78(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 made by this Schedule applies in relation to notices given under section 77 of that Act after the commencement of that amendment.

1H Section 137

Repeal the section, substitute:

137 Requirements for decisions about World Heritage

In deciding whether or not to approve, for the purposes of section 12 or 15A, the taking of an action and what conditions to attach to such an approval, the Minister must not act inconsistently with:

(a)

Australia's obligations under the World Heritage Convention; or

(b)

the Australian World Heritage management principles; or

(c)

a plan that has been prepared for the management of a declared World Heritage property under section 316 or as described in section 321.

1J Section 318

Repeal the section, substitute:

318 Commonwealth compliance with plans

(1)

The Commonwealth or a Commonwealth agency must not:

(a)

contravene a plan made under section 316; or

(b)

authorise another person to do, or omit to do, anything that, if it were done or omitted to be done by the Commonwealth or the Commonwealth agency (as appropriate), would contravene such a plan.

(2)

If there is no plan in force under section 316 for a particular property described in subsection (1) of that section, the Commonwealth and each Commonwealth agency must take all reasonable steps to ensure that its acts (if any) relating to the property are not inconsistent with the Australian World Heritage management principles.

1K Section 330

Repeal the section, substitute:

330 Commonwealth compliance with plans

(1)

The Commonwealth or a Commonwealth agency must not:

(a)

contravene a plan made under section 328; or

(b)

authorise another person to do, or omit to do, anything that, if it were done or omitted to be done by the Commonwealth or the Commonwealth agency (as appropriate), would contravene such a plan.

(2)

If there is no plan in force under section 328 for a particular wetland described in subsection (1) of that section, the Commonwealth and each Commonwealth agency must take all reasonable steps to ensure that its acts (if any) relating to the wetland are not inconsistent with the Australian Ramsar management principles.

1 Subsections 515(1) and (2)

After "Department", insert "or to the Director".

2 After Part 20

Insert:

Part 20A—Publication of information on the Internet

515A Publication of information on the Internet

Without limiting the operation of section 170A, the Secretary must publish on the Internet each week a list of:

(a)

all permits issued or granted under this Act in the immediately preceding week; and

(b)

all matters required by this Act to be made available to the public in the immediately preceding week.