26th Mar 2024, 5:44 PM – Representatives Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024 - Consideration in Detail - EPBC approval

The majority voted in favour of an amendment introduced by Brand MP Madeleine King (Labor), which means it will now become part of the bill.

Amendment text

(1) Schedule 2, item 6, page 61 (line 9), omit "If", substitute "Subject to paragraph (1C)(b) and subsection (6), if".

(2) Schedule 2, item 6, page 61 (after line 22), after subsection 790E(1), insert:

Consultation with Environment Minister etc.

(1A) Before the Governor-General makes regulations (the designatedregulations) that amend or replace regulations (the prescribed regulations) that are prescribed for the purposes of paragraph (1)(a), the Minister must:

(a) be satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999; and

(b) consult with the Environment Minister about the designated regulations; and

(c) have received notice from the Environment Minister that:

(i) the Environment Minister is satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999; or

(ii) the Environment Minister is not satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999.

(1B) If subparagraph (1A)(c)(ii) applies in relation to the designated regulations, the designated regulations, and any subsequent compilation (within the meaning of the Legislation Act 2003) of the prescribed regulations, must:

(a) specify that subparagraph (1A)(c)(ii) applies in relation to the designated regulations; and

(b) contain a statement setting out the effect of paragraph (1C)(b).

(1C) If subparagraph (1A)(c)(ii) applies in relation to the designated regulations, then:

(a) if a provision of the designated regulations would, apart from this paragraph, commence earlier than 28 days after the day the designated regulations are registered on the Federal Register of Legislation—the provision commences at the start of that 28th day; and

(b) subsection (1) does not apply in relation to conduct engaged in in relation to a relevant action on or after the earliest day on which any of the provisions of the designated regulations commence.

(1D) None of the following affect the validity or enforceability of regulations made under this Act:

(a) a failure to comply with paragraph (1A)(a) or (b);

(b) the fact that notice mentioned in paragraph (1A)(c) is not given;

(c) if subparagraph (1A)(c)(ii) applies in relation to particular designated regulations—that fact.

(3) Schedule 2, item 6, page 62 (after line 36), at the end of section 790E, add:

Sunsetting

(6) Subsection (1) does not apply in relation to conduct engaged in in accordance with regulations (the designated regulations) if:

(a) other regulations are prescribed for the purposes of paragraph (1)(a) (the prescribed regulations); and

(b) the designated regulations amended or replaced some or all of the prescribed regulations; and

(c) all of the provisions of the designated regulations commenced after the end of the period of 12 months starting on the day the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Act 2024 receives the Royal Assent.