Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CLIMATE CHANGE (STATE ACTION) BILL 2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Objects of Act
PART 2 CLIMATE CHANGE ACTION
Division 1 Target
5. The State's 2050 target
Division 2 Climate change regulations
6. Regulation-making power
7. Greenhouse gas emission regulations
8. Emissions offset regulations
9. Regulations generally
Division 3 Tasmanian Climate Action Council
10. Establishment of Council
11. Membership of Council
12. Function of Council
13. Committees
Division 4 Reporting
14. Annual report of Council
[Bill 40]-VIII
15. Biennial reports of Council
PART 3 MISCELLANEOUS
16. Confidentiality
17. Delegation
18. Review of Act
19. Administration of Act
SCHEDULE 1 MEMBERSHIP OF COUNCIL
SCHEDULE 2 MEETINGS OF COUNCIL
2
CLIMATE CHANGE (STATE ACTION) BILL 2008
(Brought in by the Premier, the Honourable David John
Bartlett)
A BILL FOR
An Act for certain measures to help the State address the
challenges of climate change and contribute to the broader
national and international response to those challenges and
for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Climate Change
(State Action) Act 2008.
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
In this Act, unless the contrary intention
appears
[Bill 40] 3
Climate Change (State Action) Act 2008
Act No. of
s. 3 Part 1 Preliminary
"Council" means the Tasmanian Climate
Action Council established under
section 10;
"emissions offset programs" means
programs designed to recognise or
achieve reductions in greenhouse gas
emissions, or the removal of such
emissions, taking into account any
criteria prescribed by the regulations;
"greenhouse gas emissions" means
emissions of
(a) carbon dioxide; or
(b) methane; or
(c) nitrous oxide; or
(d) hydrofluorocarbons; or
(e) perfluorocarbons; or
(f) sulfur hexafluoride; or
(g) gases prescribed by the
regulations;
"measurement" includes calculation;
"member" means a member of the Council;
"person" includes any kind of body,
including a body politic;
"prescribe" includes provide for;
4
Climate Change (State Action) Act 2008
Act No. of
Part 1 Preliminary s. 4
"recognition" includes any form of
accreditation, authorisation,
endorsement, licensing or registration;
"regulations" means regulations made and in
force under this Act;
"regulatory recommendation" means a
Ministerial recommendation under
section 6;
"State's 2050 target" see section 5.
4. Objects of Act
The objects of this Act are
(a) to help Tasmania respond to the
challenges of climate change by
addressing issues associated with that
phenomenon and, in particular, by
providing for the setting of a target for
the reduction of greenhouse gas
emissions in the State as part of the
national and international response to
climate change; and
(b) to promote a commitment to action on
climate change issues in Tasmania by
providing for the development of
(i) interim State targets for the
reduction of greenhouse gas
emissions in the State; and
5
Climate Change (State Action) Act 2008
Act No. of
s. 4 Part 1 Preliminary
(ii) suitable targets and interim
targets, having the same aim, for
specific sectors of the State's
economy; and
(c) to help Tasmania take advantage of the
new social, economic and environmental
opportunities that climate change will
present; and
(d) to provide for reporting and
Parliamentary oversight of progress
being made towards achieving the State's
2050 target and other targets; and
(e) to promote energy efficiency and
conservation; and
(f) to promote research and development in
the development and use of technology
for reducing or limiting greenhouse gas
emissions or for dealing with and
adapting to the expected consequences of
climate change, including technology for
removing greenhouse gases from the
atmosphere; and
(g) to promote and facilitate business and
community consultation and early action
on climate change issues; and
(h) to identify, promote and support
measures to help Tasmania deal with and
adapt to the expected consequences of
climate change; and
6
Climate Change (State Action) Act 2008
Act No. of
Part 1 Preliminary s. 4
(i) to promote a Tasmanian response to
climate change issues that is as far as
practicable consistent with national and
international schemes addressing those
issues, including any schemes for
emissions trading and emissions
reporting; and
(j) to enhance Tasmania's willingness and
capacity to contribute and respond,
constructively and expeditiously, to
national and international developments
in climate change issues.
7
Climate Change (State Action) Act 2008
Act No. of
s. 5 Part 2 Climate Change Action
PART 2 CLIMATE CHANGE ACTION
Division 1 Target
5. The State's 2050 target
The State's 2050 target under this Act is to
reduce, by 31 December 2050, greenhouse gas
emissions in Tasmania to at least 60% below
1990 levels.
Division 2 Climate change regulations
6. Regulation-making power
The Governor may, on the recommendation of
the Minister, make regulations for the purposes
of this Act.
7. Greenhouse gas emission regulations
(1) The regulations may, in connection with the
operation of section 5 or any other provision of
this Act (or other regulations)
(a) prescribe the method for measuring
greenhouse gas emissions for the
purposes of setting relevant 1990 levels
(the "baseline") and prescribe a figure
that represents the baseline; and
8
Climate Change (State Action) Act 2008
Act No. of
Part 2 Climate Change Action s. 7
(b) prescribe methods for measuring
reductions in greenhouse gas emissions;
and
(c) prescribe interim State targets; and
(d) prescribe targets and interim targets for
specific sectors of the State's economy;
and
(e) prescribe policy targets; and
(f) prescribe specific baselines for particular
areas of activity (as subsidiary
components of the baseline); and
(g) prescribe other measures and matters
relating to the measurement of
greenhouse gas emissions.
(2) The Minister, in making regulatory
recommendations for the purposes of
subsection (1), is to have regard to
(a) actions taken since 1990 to limit or
reduce greenhouse gas emissions; and
(b) the advice of relevant experts; and
(c) relevant methodologies and principles
that apply in other Australian
jurisdictions; and
(d) climate change actions taken in foreign
jurisdictions that, by reason of their
geographic, demographic, economic,
industrial or infrastructural profile, face
9
Climate Change (State Action) Act 2008
Act No. of
s. 8 Part 2 Climate Change Action
climate change challenges similar to
those facing Tasmania; and
(e) the desirability of achieving consistency
with best national and international
practice in prescribing the baseline and
methods for measuring reductions in
greenhouse gas emissions; and
(f) in the case of any amendment of the
regulations, any new or updated
methodologies or advice relating to the
assessment, measurement or reporting of
greenhouse gas emissions.
8. Emissions offset regulations
(1) The regulations may
(a) provide for the recognition, facilitation or
promotion of emissions offset programs;
and
(b) prescribe ways of identifying or
determining the types, and extent, of
offsets that may form part of recognised
emissions offset programs; and
(c) prescribe criteria allowing for the
recognition of emissions offset programs
capable of delivering multiple benefits
(such as the removal of greenhouse gases
from the atmosphere, biodiversity
enhancement and economic
development).
10
Climate Change (State Action) Act 2008
Act No. of
Part 2 Climate Change Action s. 9
(2) The Minister, in making regulatory
recommendations for the purposes of
subsection (1), is to have regard to the
desirability of enabling emissions offset
programs recognised in Tasmania to also be
recognised under national and international
programs so as to promote the tradability of
products and services.
9. Regulations generally
(1) The regulations may
(a) require any person to provide specified
reports, returns, documents or other
forms of information to the Minister or
another person; and
(b) require any person to keep specified
records, statistics or other information;
and
(c) authorise the Minister (or any person
authorised by the Minister) to inspect any
information required to be kept under the
regulations and require any person to
permit or facilitate any such inspection;
and
(d) require the giving of notice before a
specified activity or class of activities is
commenced, and the notification of the
occurrence of any specified event or
class of events; and
11
Climate Change (State Action) Act 2008
Act No. of
s. 9 Part 2 Climate Change Action
(e) provide for the setting of targets for the
State Government, including interim
targets and specific targets for specified
government agencies or instrumentalities
for the reduction of greenhouse gas
emissions from their activities in
Tasmania; and
(f) provide for the service of any specified
notice or document; and
(g) regulate the release or publication of
specified information obtained in the
administration of this Act.
(2) The regulations may be made so as to apply
differently according to specified factors.
(3) The regulations may
(a) confer powers and functions on the
Minister or the Council; and
(b) authorise any matter to be from time to
time determined, applied or regulated by
any specified person.
(4) The regulations may provide for any matter by
incorporating, either specifically or by reference
and either wholly or in part and with or without
modification, any code, standard or guideline,
whether as in force at a particular time or as
from time to time amended and whether
published or issued before, on or after the day on
which this Act commences.
(5) The regulations may
12
Climate Change (State Action) Act 2008
Act No. of
Part 2 Climate Change Action s. 10
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 30
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 3 penalty units for each day
during which the offence continues.
(6) In this section
"specified" means specified in the
regulations.
Division 3 Tasmanian Climate Action Council
10. Establishment of Council
The Tasmanian Climate Action Council is
established.
11. Membership of Council
(1) The Council consists of at least 8 and not more
than 10 members appointed by the Minister.
(2) In appointing members, the Minister is to
(a) prefer persons who can demonstrate an
understanding of and commitment to act
on climate change issues; and
13
Climate Change (State Action) Act 2008
Act No. of
s. 12 Part 2 Climate Change Action
(b) aim to ensure that the Council has a
balance of relevant expertise and a
reasonable range of representation from
(i) the government sector; and
(ii) the business community; and
(iii) the scientific community; and
(iv) other sectors of the community
more generally.
(3) The Minister is to appoint
(a) a member as chairperson of the Council;
and
(b) a member as deputy chairperson of the
Council.
(4) Schedule 1 has effect with respect to the
membership of the Council.
(5) Schedule 2 has effect with respect to the
meetings of the Council.
12. Function of Council
(1) The Council's function is to provide the Minister
with independent advice on climate change
issues as they affect Tasmania including, in
particular
(a) the setting of interim State targets and
the setting of targets and interim targets
14
Climate Change (State Action) Act 2008
Act No. of
Part 2 Climate Change Action s. 12
for specific sectors of the State's
economy; and
(b) the progress being made towards
achieving the State's 2050 target and
other targets; and
(c) the effectiveness of the initiatives and
methods being employed to achieve
those targets; and
(d) alternative or additional methods capable
of being employed to achieve those
targets; and
(e) the extent to which any targets or
methods prescribed by the regulations are
being achieved and, if it seems relevant,
should be revised; and
(f) the progress being made towards
identifying and implementing strategies
for dealing with and adapting to the
expected consequences of climate
change; and
(g) other matters relating to the mitigation
of, and adaptation to, the expected
consequences of climate change.
(2) In performing its function, the Council may have
regard to such matters as it considers necessary
or expedient but is to have particular regard to
(a) national and international best practice;
and
15
Climate Change (State Action) Act 2008
Act No. of
s. 13 Part 2 Climate Change Action
(b) relevant methodologies and principles
that apply in other Australian
jurisdictions; and
(c) climate change actions taken in foreign
jurisdictions that, by reason of their
geographic, demographic, economic,
industrial or infrastructural profile, face
climate change challenges similar to
those facing Tasmania; and
(d) the medium- to long-term practicability,
flexibility and sustainability of
Tasmania's climate change strategies;
and
(e) any opportunities for Tasmania to
innovate and contribute to national and
international solutions.
(3) The Council is to also perform any prescribed
functions.
13. Committees
The Council may establish committees of such
members as it considers appropriate to assist it in
the performance of its function.
16
Climate Change (State Action) Act 2008
Act No. of
Part 2 Climate Change Action s. 14
Division 4 Reporting
14. Annual report of Council
(1) The Council, on or before 31 October in each
year, is to give the Minister a report on its
activities for the financial year ending on the
preceding 30 June.
(2) The Minister is to cause a copy of the report to
be tabled in each House of Parliament within 10
sitting-days after it is given to the Minister.
15. Biennial reports of Council
(1) The Council, on a two-yearly basis, is to submit
to the Minister a report on the matters set out in
section 12(1).
(2) The Minister is to cause a copy of the report to
be tabled in each House of Parliament within 10
sitting-days after it is submitted to the Minister.
(3) The Council is to ensure that the first report
under this section is prepared and provided to the
Minister by 31 December 2010.
17
Climate Change (State Action) Act 2008
Act No. of
s. 16 Part 3 Miscellaneous
PART 3 MISCELLANEOUS
16. Confidentiality
(1) A person involved in the administration of this
Act must not disclose or use any confidential
information that the person acquires by reason of
that involvement except
(a) as may be necessary for the purposes of
this Act or the regulations; or
(b) for a purpose authorised or required by or
under another Act of the State or an Act
of the Commonwealth; or
(c) with the express written consent of the
person to whom the information relates;
or
(d) when required to do so by a court or
tribunal constituted by law.
Penalty: Fine not exceeding 50 penalty units.
(2) To avoid doubt, a member of the Council is a
person involved in the administration of this Act.
(3) This section does not apply to the recording,
disclosure or use of information in a statistical or
other form that could not reasonably be expected
to cause any material detriment to a particular
person.
(4) In this section
18
Climate Change (State Action) Act 2008
Act No. of
Part 3 Miscellaneous s. 17
"confidential information" means
(a) information that is commercial,
financial, scientific or technical in
nature that would reveal
proprietary business, competitive
or trade secret information of
significant value if released; or
(b) information that is commercially
sensitive for some other reason;
or
(c) information that is brought within
the ambit of this definition by the
regulations.
17. Delegation
The Minister may delegate any of the Minister's
powers or functions under this Act or the
regulations other than
(a) this power of delegation; and
(b) the making of appointments under
section 11.
18. Review of Act
(1) The Minister is to cause an independent review
of the operation of this Act to be carried out on a
four-yearly basis.
(2) The review is to address
19
Climate Change (State Action) Act 2008
Act No. of
s. 18 Part 3 Miscellaneous
(a) the extent to which the objects of this Act
are being achieved; and
(b) the extent to which additional legislative
measures, if any, are considered
necessary to achieve the targets set by
this Act within the periods contemplated
by this Act, including by the introduction
of performance standards and other
mandatory requirements; and
(c) such other matters as the Minister may
consider relevant to a review of this Act.
(3) The Minister is to take reasonable steps to ensure
that the review is carried out in consultation
with
(a) the Council; and
(b) relevant business, scientific, environment
and community bodies.
(4) The persons who carry out the review are to give
the Minister a written report on its outcome.
(5) The Minister is to cause a copy of the report to
be tabled in each House of Parliament within 10
sitting-days after it is given to the Minister.
(6) The Minister is to ensure that the first review
under this section is carried out, and that a copy
of the report on the outcome of that review is
tabled in Parliament, by 31 December 2012.
20
Climate Change (State Action) Act 2008
Act No. of
Part 3 Miscellaneous s. 19
19. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Premier; and
(b) the department responsible to the
Premier in relation to the administration
of this Act is the Department of Premier
and Cabinet.
21
Climate Change (State Action) Act 2008
Act No. of
sch. 1
SCHEDULE 1 MEMBERSHIP OF COUNCIL
Section 11(4)
1. Term of office
A member is appointed for such period not
exceeding 3 years as is specified in the
instrument of appointment and, if eligible, may
be reappointed.
2. Holding other office
The holder of an office who is required by the
terms of his or her employment to devote the
whole of his or her time to the duties of that
office is not disqualified from
(a) holding that office and also the office of
a member; or
(b) accepting any remuneration payable to a
member.
3. State Service Act 2000
(1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a
member.
(2) A person may hold the office of member in
conjunction with State Service employment.
22
Climate Change (State Action) Act 2008
Act No. of
sch. 1
4. Remuneration and conditions of appointment
(1) A member is entitled to be paid such
remuneration and allowances as the Minister
determines.
(2) A member who is a State Service officer or State
Service employee is not entitled to remuneration
or allowances under this clause except with the
approval of the Minister administering the State
Service Act 2000.
(3) A member holds office on such conditions in
relation to matters not provided for by this Act
as are specified in the member's instrument of
appointment.
5. Vacation of office
(1) A member vacates office if he or she
(a) dies; or
(b) resigns by written notice given to the
Minister; or
(c) is removed from office pursuant to
subclause (2) or (3).
(2) The Minister may remove a member from office
if the member
(a) is absent from 3 consecutive meetings of
the Council without the permission of the
Council; or
23
Climate Change (State Action) Act 2008
Act No. of
sch. 1
(b) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with the member's creditors
or makes an assignment of the member's
remuneration or estate for their benefit;
or
(c) is convicted, in Tasmania or elsewhere,
of a crime or an offence punishable by
imprisonment for a term of 12 months or
longer or a fine of 300 penalty units or
more; or
(d) fails to disclose a pecuniary interest as
required under clause 7 of Schedule 2.
(3) The Minister may remove a member from office
if satisfied that the member is unable to perform
adequately or competently the duties of office.
(4) A member must not be removed from office
otherwise than in accordance with this clause.
6. Filling of vacancies
If the office of a member becomes vacant, the
Minister may appoint a person to the vacant
office for the remainder of the member's term of
office.
24
Climate Change (State Action) Act 2008
Act No. of
sch. 1
7. Validation of proceedings, &c.
(1) An act or proceeding of the Council or of a
person acting under a direction of the Council is
not invalidated by reason only that at the time
when the act or proceeding was done, taken or
commenced there was a vacancy in the office of
a member.
(2) All acts and proceedings of the Council or of a
person acting under a direction of the Council
are, despite the subsequent discovery of a defect
in the appointment of a member or that any other
person was disqualified from acting as, or
incapable of being, a member, as valid as if the
member had been duly appointed and was
qualified to act as, or capable of being, a
member, and as if the Council had been fully
constituted.
25
Climate Change (State Action) Act 2008
Act No. of
sch. 2
SCHEDULE 2 MEETINGS OF COUNCIL
Section 11(5)
1. Convening of meetings
(1) The chairperson of the Council, after giving each
member reasonable notice of a meeting
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested
to do so by 2 or more other members.
(2) If the chairperson of the Council is absent from
duty or otherwise unable to perform the duties of
the office, a meeting may be convened, after
reasonable notice of the meeting has been given,
by
(a) the deputy chairperson; or
(b) two or more other members; or
(c) a person authorised by the Council to do
so.
(3) For the purposes of subclauses (1) and (2), what
constitutes reasonable notice is to be determined
by the Council.
2. Presiding at meetings
(1) The chairperson of the Council is to preside at
all meetings of the Council at which he or she is
present.
26
Climate Change (State Action) Act 2008
Act No. of
sch. 2
(2) If the chairperson of the Council is not present at
a meeting the deputy chairperson is to preside at
the meeting.
(3) If neither the chairperson of the Council nor the
deputy chairperson is present at a meeting of the
Council, a member elected by the members
present at the meeting is to preside at that
meeting.
3. Quorum and voting at meetings
(1) At a meeting of the Council, a quorum is
constituted by a majority of the total number of
members appointed.
(2) A meeting of the Council at which a quorum is
present is competent to transact any business of
the Council.
(3) At a meeting of the Council
(a) the member presiding has a deliberative
vote only; and
(b) a question is decided
(i) by a majority of votes of the
members present and voting; or
(ii) in the negative if there is an
equality of votes of the members
present and voting.
(4) At a meeting of the Council where a member is
excluded from being present and taking part in
27
Climate Change (State Action) Act 2008
Act No. of
sch. 2
the consideration and decision of the Council in
relation to a matter, a quorum for the purposes of
considering and making a decision in relation to
the matter is constituted by the number of
members specified as constituting a quorum in
subclause (1) less the number of members so
excluded.
4. Conduct of meetings
(1) Subject to this Act, the Council may regulate the
calling of, and the conduct of business at, its
meetings as it considers appropriate.
(2) The Council may permit members to participate
in a particular meeting or all meetings by
(a) telephone; or
(b) video conference; or
(c) any other means of communication
approved by the Council.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken
to be present at the meeting.
(4) Without limiting subclause (1), the Council may
allow a person to attend a meeting for the
purpose of advising or informing it on any
matter.
28
Climate Change (State Action) Act 2008
Act No. of
sch. 2
5. Resolutions without meetings
(1) If all members appointed sign a document
containing a statement that they are in favour of
a resolution in the terms set out in the document,
a resolution in those terms is taken to have been
passed at a meeting of the Council held on the
day on which the document is signed or, if the
members do not sign it on the same day, on the
day on which the last of the members signs the
document.
(2) If a resolution is taken to have been passed under
subclause (1), each member is to be
(a) advised immediately of the matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more members, is taken to constitute one
document.
6. Minutes
The Council is to keep accurate minutes of its
meetings.
29
Climate Change (State Action) Act 2008
Act No. of
sch. 2
7. Disclosure of interests
(1) If a member has a direct or indirect pecuniary
interest in a matter being considered, or about to
be considered, by the Council, the member must,
as soon as practicable after the relevant facts
come to the member's knowledge, disclose the
nature of the interest to the Council.
Penalty: Fine not exceeding 30 penalty units.
(2) A disclosure under subclause (1) is to be
recorded in the minutes of the Council and,
unless the Council otherwise determines, the
member who has made the disclosure must not
(a) be present during any deliberation of the
Council in relation to the matter; or
(b) take part in any decision of the Council
in relation to the matter.
(3) For the purpose of making a determination under
subclause (2), the member to whom the
determination relates must not
(a) be present during any deliberation of the
Council for the purpose of making the
determination; or
(b) take part in making the determination.
(4) Subclause (1) does not apply in respect of an
interest that arises only
(a) by virtue of the fact that a member has an
interest in a particular sector of the
30
Climate Change (State Action) Act 2008
Act No. of
sch. 2
State's economy or community more
generally; or
(b) because the member is also a State
Service officer or State Service
employee.
8. General procedure
Except as provided by this Act, the Council may
regulate its own proceedings.
Government Printer, Tasmania 31