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Great Barrier Reef Protection Amendment Bill 2009
Great Barrier Reef Protection Amendment
Bill 2009
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Kate Jones MP
Short title
The short title of the Bill is the Great Barrier Reef Protection Amendment
Bill 2009
Objectives of the Amendments
The objectives of the amendments are to amend the
Chemical Usage (Agricultural and Veterinary) Control Act 1988 to:
· Ensure that the restricted use of unregistered chemicals allowed
by the Act includes the requirement to comply with prescribed
chemical controls;
· Provide a clear power to prescribe chemical controls by
regulation for chemical products used for agricultural
environmentally relevant activities;
· To provide a maximum penalty of 100 penalty units, for non
compliance with prescribed chemical controls, which is
equivalent to the level of similar penalties in the Environmental
Protection Act 1994 ("the EPA").
Environment Protection Act 1994 to:
Change the threshold for cattle grazing activities captured under the Bill to
agricultural properties of more than 2000ha.
Sustainable Planning Act 2009 to:
Amend the definition of `material change of use' to ensure that agricultural
ERAs are not unintentionally captured by the Sustainable Planning Act
2009.
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Great Barrier Reef Protection Amendment Bill 2009
Reasons for the Objectives
As the legislative amendments necessary for the Reef Protection Package
involve primary and subordinate legislation in two [2] separate portfolios it
was realised at a late stage that amendments to the Chemical Usage
(Agricultural and Veterinary) Control Act 1988 were necessary to ensure
an effective interface between the relevant legislative instruments. For that
reason a new offence provision (100 penalty units) will be inserted to
reflect the level of similar penalties in the Environmental Protection Act
1994.
For the same reason an amendment is necessary to provide a clear power to
prescribe chemical controls to assist the objectives of the new provisions in
the Environmental Protection Act 1994 which are intended to protect the
Great Barrier Reef.
The Chemical Usage (Agricultural and Veterinary) Control Act 1988
currently allows the continued use for 2 years of unregistered chemicals
from the date registration is not continued due to a decision by the producer
of a chemical product not to pay the Australian Pesticides and Veterinary
Medicines Authority annual registration fee. One of the conditions of the
continued use is that the user complies with label instructions which would
have applied if the product was still registered. It is necessary to amend the
Act to make compliance with prescribed chemical conditions a further
condition for the use of unregistered chemical products. Without the
amendment the use of unregistered chemical products could continue for 2
years without the need to comply with the proposed prescribed use
controls.
An amendment to the Bill is necessary to limit the scope of new chapter 4A
(Great Barrier Reef protection measures) by changing the definition of an
`agricultural ERA' to cattle grazing carried out on agricultural properties of
more than 2000ha.
An amendment to the Sustainable Planning Act 2009 is necessary to
prevent unintentional capture of agricultural ERAs by the Sustainable
Planning Act 2009.
Consistency with Fundamental Legislative Principles
The amendments do not conflict with Fundamental Legislative Principles.
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Great Barrier Reef Protection Amendment Bill 2009
Consultation
The amendments are either technical in nature or are of a regulatory nature
in respect of which consultation is not necessary.
Notes on Provisions
1 Amendment of long title
Clause 1 of the amendments to be moved during consideration in detail
amends the long title of the Great Barrier Reef Protection Bill Amendment
2009 to reflect the fact that the Bill also amends the Chemical Usage
(Agricultural and Veterinary) Control Act 1988, the Integrated Planning
Act 1997 and the Sustainable Planning Act 2009.
2 Insertion of new part 1A Amendment of Chemical Usage
(Agricultural and Veterinary) Control Act 1988
Clause 2 of the amendments to be moved during consideration in detail
inserts new part 1A, and new clauses 2A, 2B, 2C, 2D and 2E into the Bill.
Act amended
Clause 2A states that new part 1A of the Bill amends the Chemical Usage
(Agricultural and Veterinary) Control Act 1988.
Insertion of new pt 2, div 3, sdiv 1 and sdiv 2 hdg
Clause 2B inserts new subdivision 1 into part 2, division 3 of the Chemical
Usage (Agricultural and Veterinary) Control Act 1988 and inserts as a
consequential amendment a new heading for subdivision 2 (Subdivision 2
General Provisions) in part 2, division 3 of the Act. New subdivision 1
(Preliminary) provides definitions for division 3 of the Act.
New section 12W Definitions for div 3
New section 12W of the Chemical Usage (Agricultural and Veterinary)
Control Act 1988 contains definitions which ensure consistency with the
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Great Barrier Reef Protection Amendment Bill 2009
definitions in the Environmental Protection Act 1994 so that chemical
controls prescribed for the use of chemical products apply for the purpose
of Environmentally Relevant Activities in the Environmental Protection
Act 1994.
Amendment of s 13A (Use of unregistered agricultural chemical
products)
Clause 2C inserts new sub paragraph (3)(e) into subsection13A(3) of the
Chemical Usage (Agricultural and Veterinary) Control Act 1988 to make
the permitted use of unregistered chemicals subject to compliance with
prescribed chemical controls. Without this amendment a person could use
unregistered chemicals within the sanctioned 2 year period without the
need to comply with chemical controls prescribed for the purpose of
protecting the Great Barrier Reef.
Insertion of new pt 2, div 3, sdiv 3
Clause 2D inserts new subdivision 3 (Subdivision 3 Great Barrier Reef
protection measures) into part 2, division 3 of the Chemical Usage
(Agricultural and Veterinary) Control Act 1988.
New section 13C (Prescribed agricultural ERA products and
conditions)
New section 13C of the Chemical Usage (Agricultural and Veterinary)
Control Act 1988 is a regulation making power which allows chemical
product use controls to be prescribed for a chemical product which has
been declared a prescribed agricultural ERA product. Section 13C is only
available where the Minister considers a regulation is desirable or
necessary to support the purposes of the Great Barrier Reef protection
measures under Chapter 4A of the EPA. Subsection (3) makes it clear that
prescribed chemical controls can apply to the use of unregistered chemical
products - such as in new sub paragraph 13A(3)(e) mentioned above.
New section 13D (Compliance with prescribed agricultural ERA
condition)
New section 13D of the Chemical Usage (Agricultural and Veterinary)
Control Act 1988 requires that a person who uses, prepares, stores or
possesses a chemical product, which is prescribed as an agricultural ERA
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Great Barrier Reef Protection Amendment Bill 2009
product for carrying out an Environmentally Relevant Activity, must
comply with any prescribed conditions.
The only exception to the requirement operates where a person has an
accredited Environmental Risk Management Plan and that ERMP specifies
an alternative way of helping to achieve the purpose of chapter 4A of the
Environment Protection Act 1994. The purpose of chapter 4A is to reduce
the impact of agricultural activities on water quality in the reef and to help
meet water quality targets agreed between the State and the
Commonwealth.
A person undertaking an agricultural ERA may be required to prepare an
ERMP that addresses chemical management issues or may voluntarily
prepare an ERMP for the purposes of this section. A voluntarily prepared
would not need to address all hazards on the property (i.e. it would not be a
full ERMP). Although it must address each element of the ERMP content
requirements in section 94 of the Environmental Protection Act 1994
(inserted by clause 6 of this Bill), it will be a simpler ERMP which may be
limited to the potential hazards related to the prescribed agricultural ERA
products (currently Diuron, Atrazine, Ametryn, Hexazinone and
Tebuthiuron) and the way in which the hazards are managed as an
alternative to any or all of the prescribed agricultural ERA condition/s. For
instance the ERMP under this section may include a combination of:
(1) the prescribed agricultural ERA conditions; and
(2) alternate methods to achieving other prescribed agricultural ERA
conditions.
Reporting under the annual reporting requirement in section 105 of the
Environmental Protection Act 1994 (inserted by clause 6 of this Bill) for
this ERMP will only apply to those elements specified under paragraph 2
above.
New section 13E (Use etc. of registered agricultural ERA
products for agricultural ERAs)
New section 13E of the Chemical Usage (Agricultural and Veterinary)
Control Act 1988 is the offence provision for the requirement in section
13D and provides a maximum penalty of 100 penalty units which is
comparable to similar provisions in the Chemical Usage (Agricultural and
Veterinary) Control Act 1988 and in the Environment Protection Act 1994.
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Great Barrier Reef Protection Amendment Bill 2009
The effect of new subsection 13E(2) is to allow permits to be issued as
authorised by the Agvet Code.
Amendment of schedule (Dictionary)
Clause 2E inserts cross references in the schedule to the Chemical Usage
(Agricultural and Veterinary) Control Act 1988 to the definition of
`agricultural ERA' in the Environment Protection Act 1994 and to
definitions located in section 12W (Definitions for div 3).
3. Amendment of clause 6 (Insertion of new ch 4A)
Clause 3 of the amendments to be moved during consideration in detail
amends clause 6 of the Bill which inserts the definition of `agricultural
ERA' in new section 75(1)(a)(ii). The Bill currently defines an agricultural
ERA to include cattle grazing carried out on an agricultural property
carrying more than 100 standard cattle units. This threshold was intended
to ensure that low risk activities were not captured by the regulatory net.
However the existing threshold inadvertently captures cattle grazing for
dairying and coastal pasture grazing. Scientific advice now indicates that
these activities generally pose a significantly lower risk to reef water
quality than dry land grazing as the maintenance of pasture cover reduces
the sediment run off from these properties.
However, in the event that the smaller activities excluded by the new
threshold for cattle grazing are found in the future to pose a risk to water
quality entering the Reef, the Minister will retain the power to issue an
ERMP direction under section 89 of the Bill for properties over 100
standard cattle units.
Changing the threshold to agricultural properties of more than 2000ha will
effectively exclude low risk cattle grazing properties from the operation of
new chapter 4A.
4. Amendment of clause 6 (Insertion of new ch 4A)
Clause 4 of the amendments to be moved during consideration in detail is
consequential to the amendment made by Clause 3 of the amendments to
be moved during consideration in detail, which makes the definition of
`standard cattle units' and the associated calculation table unnecessary in
this Part of the Bill.
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Great Barrier Reef Protection Amendment Bill 2009
5. Amendment of clause 6 (Insertion of new ch 4A)
Clause 5 of the amendments to be moved during consideration in detail
amends the definition of cattle to capture only beef cattle. This is because
scientific evidence indicates that cattle grazing on dairy farms generally
poses a significantly lower risk to reef water quality than dry land beef
cattle grazing as the maintenance of pasture cover reduces the sediment run
off from these properties.
6. Amendment of clause 6 (Insertion of new ch 4A)
Clause 6 of the amendments to be moved during consideration in detail
amends clause 6 of the Bill by replacing the term `optimum rate' in new
section 82 with the term `optimum amount' to ensure consistency with the
definition of `optimum amount' in new section 77 (Other definitions for ch
4A).
7. Amendment of clause 6 (Insertion of new ch 4A)
Clause 7 of the amendments to be moved during consideration in detail
removes the requirement for persons undertaking cattle grazing to keep
records on stocking rates under new section 83. The majority of cattle
grazing properties regulated in the Bill will be required to prepare
environmental risk management plans, which will duplicate these
requirements. Accordingly, the requirement for general record keeping is
not required.
8. Amendment of clause 6 (Insertion of new ch 4A)
Clause 8 of the amendments to be moved during consideration expands the
operation of Part 3 of the Bill by including an expanded definition of
agricultural ERA for the purposes of this Part. Cattle grazing properties
over 2000ha are already regulated as agricultural ERAs. This amendment
will enable the Minister to give an ERMP direction under section 89 for
any cattle grazing property over 100 standard cattle units in the regulated
catchments, which would not otherwise be regulated as they are under 2000
hectares. However, these cattle grazing properties over 100 standard cattle
units but below 2000 hectares will not otherwise be regulated by the
provisions of the Bill. The definition of standard cattle unit is also included
in this section.
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Great Barrier Reef Protection Amendment Bill 2009
9. Clause 24 (Amendment of sch 10 (Dictionary))
Clause 9 of the amendments to be moved during consideration in detail
amends the definition of `agricultural ERA' consequent to clauses 3 and 8
of the amendments to be moved during consideration in detail.
10. Insertion of new part 4 Amendment of Sustainable Planning
Act 2009
Clause 9 of the amendments to be moved during consideration in detail
inserts new part 4, and new clauses 25 and 26 into the Bill.
Act amended
Clause 25 of the Bill states that new part 4 of the Bill amends the
Sustainable Planning Act 2009.
Amendment of s 10 (Definitions for terms used in development)
Clause 26 of the Bill amends the definition of `material change of use' in
section 10 of the Sustainable Planning Act 2009 to ensure that agricultural
ERAs are not captured by the Act. Clause 26 mirrors the amendment made
by clause 22 to the Integrated Planning Act 1997 in the Bill because the
commencement date for the Sustainable Planning Act 2009, which will
repeal the Integrated Planning Act 1997, is at this point uncertain.
The amendments to schedule 8 and schedule 10 of the Integrated Planning
Act 1997, which are in clauses 23 and 24 of the Bill, are not needed to the
Sustainable Planning Act 2009. This is because schedule 8 of the
Integrated Planning Act 1997 will be in the regulation to the Sustainable
Planning Act 2009 and is not contained in the Act itself, and the definition
of `agricultural ERA' in schedule 10 of the Integrated Planning Act 1997
has been incorporated into this clause.
© State of Queensland 2009
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