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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Greenhouse Gas Emission Reduction (Power
Stations) Bill 2008
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Objects of Act 2
5. Crown Bound 3
Part 2 -- Greenhouse gas emissions
intensity standard
6. Greenhouse gas emissions intensity standard 4
7. Minister to publish determination 4
8. Requirement to comply with greenhouse gas
emissions intensity standard 4
Part 3 -- General
9. Regulations 6
10. Review of Act 6
291--1 page i
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon. Paul Llewellyn MLC)
Greenhouse Gas Emission Reduction (Power
Stations) Bill 2008
A Bill for
An Act to establish a greenhouse gas emissions standard for new
power stations in Western Australia.
The Parliament of Western Australia enacts as follows:
page 1
Greenhouse Gas Emission Reduction (Power Stations) Bill 2008
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Greenhouse Gas Emission Reduction (Power
Stations) Bill 2008.
5 2. Commencement
This Act comes into operation on Royal Assent.
3. Terms used in this Act
In this Act --
"electricity sent out" means electricity generated and sent to
10 customers;
"Environmental Protection Authority" means the
Environmental Protection Authority continued in existence
under the Environmental Protection Act 1986;
"greenhouse gas emission standard" has the meaning given in
15 section 6;
"nameplate capacity" means the capacity of a power station's
main generating unit or units, as stated by its manufacturer;
"new power station" means a power station not in existence, or
in respect of which construction had not commenced on the
20 day this Act comes into operation;
"peak load power station" means a power station that
generates electricity at times of high electricity demand and
operates for less than 20 per cent of each year;
"power station" means a facility for the generation of
25 electricity.
4. Objects of Act
The object of this Act is to limit the greenhouse gas intensity of
new power stations constructed in Western Australia.
page 2
Greenhouse Gas Emission Reduction (Power Stations) Bill 2008
Preliminary Part 1
s. 5
5. Crown Bound
This Act binds the Crown in right of the State and, subject to the
limits of the legislative power of the State, the Crown in all its
other capacities.
page 3
Greenhouse Gas Emission Reduction (Power Stations) Bill 2008
Part 2 Greenhouse gas emissions intensity standard
s. 6
Part 2 -- Greenhouse gas emissions intensity standard
6. Greenhouse gas emissions intensity standard
For the purposes of this Act, "greenhouse gas emissions
intensity standard" means 500 kilograms of carbon dioxide
5 equivalent per megawatt hour of electricity sent out or such
other amount as is prescribed by regulation.
7. Minister to publish determination
(1) The Minister shall, as soon as is practicable after the
commencement of this Act, determine the classes or types of
10 power station that do and do not meet the greenhouse gas
emissions intensity standard and publish that determination in
the Gazette.
(2) The Minister may at any time amend a determination made
under subsection (1) and shall publish the amended
15 determination in the Gazette.
(3) Determinations and amendments of determinations shall be
made on the advice of the Environmental Protection Authority.
(4) In making a determination under this section concerning power
stations generating electricity from biomass the Minister shall
20 consider net emissions from the process of growing, processing,
and generating the electricity from the fuel source.
8. Requirement to comply with greenhouse gas emissions
intensity standard
(1) A person shall not construct or operate a new power station in
25 the State unless it is of a class or type that has been determined
under section 7 to meet the greenhouse gas emissions intensity
standard.
Penalty: $500 000.
(2) No approval or authorisation shall be given to facilitate the
30 construction or operation of a new power station unless it is of a
page 4
Greenhouse Gas Emission Reduction (Power Stations) Bill 2008
Greenhouse gas emissions intensity standard Part 2
s. 8
class or type that has been determined under section 7 to meet
the greenhouse gas emissions intensity standard.
(3) Subsections (1) and (2) do not apply to --
(a) a power station with a nameplate capacity of
5 50 megawatts or less; or
(b) a peak load power station.
page 5
Greenhouse Gas Emission Reduction (Power Stations) Bill 2008
Part 3 General
s. 9
Part 3 -- General
9. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed, for the purposes of
this Act.
(2) Without limiting subsection (1), the regulations may prescribe
minimum emissions intensity standards for power stations
referred to in section 8(3).
10 10. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act within 5 years from its commencement.
(2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause it
15 to be laid before each House of Parliament.
page 6
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