13th Nov 2023, 6:10 PM – Senate Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023 - in Committee - Carbon dioxide streams and merits review

The majority voted against amendments introduced by ACT Senator David Pocock (Independent), which means they failed.

What do these amendments do?

Senator Pocock explained that:

These amendments would place some conditions on the carbon dioxide streams and would also ensure that there is merits review for decisions. ... It's so important that Australian citizens and concerned communities do have an avenue to challenge decisions. I would say it's fundamental to living in a democracy. We've covered a little bit of this ground over the last six days. We could continue, but I'll leave it there.

Amendment text

SHEET 2150

(1) Schedule 1, page 5 (after line 16), after item 3, insert:

3A After section 21

Insert:

22 Conditions imposed by this section in respect of permits for the export of certain carbon dioxide streams

(1) This section applies for each permit for the export of controlled material for dumping, where the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub-seabed geological formation.

(2) A condition imposed in respect of the permit is that the holder of the permit, for an indefinite period after the permit has been granted, must:

(a) monitor whether the export, or any act or omission relating to the sequestration, is likely to cause or result in any condition or damage of the kind set out in paragraph 16(1)(a), (b) or (c); and

(b) ensure the sequestration is maintained (including after the sequestration site is decommissioned) so that such a condition or such damage does not arise; and

(c) repair or remedy any such condition, or mitigate any such damage, as does arise.

(3) A condition imposed in respect of the permit is that the holder of the permit must, at all times after the permit has been granted, maintain financial assurance sufficient to give the holder the capacity to meet costs, expenses and liabilities arising in connection with, or as a result of complying (or failing to comply) with:

(a) the condition imposed by subsection (2); or

(b) any other requirement under this Act or a legislative instrument under this Act, in relation to the export or the sequestration.

(4) Without limiting subsection (3), the forms of financial assurance that may be maintained include one or more of the following:

(a) insurance;

(b) a bond;

(c) the deposit of an amount as security with a financial institution;

(d) an indemnity or other surety;

(e) a letter of credit from a financial institution;

(f) a mortgage.

(5) This section does not limit the conditions that may be imposed on the permit by the Minister under section 21. However, sections 21, 23 and 25 do not apply to a condition imposed by this section.

Note: Failure to comply with a condition imposed by this section, or by the Minister under section 21, is an offence (see section 36).

(6) The conditions imposed under this section in respect of the permit continue to apply in relation to the holder of the permit if the permit ceases to be in force.

3B Subsection 36(2)

Repeal the subsection, substitute:

(2) An offence against this section is punishable on conviction as follows:

(a) if the condition is imposed by section 22—imprisonment for up to 10 years or a fine up to 319,489 penalty units, or both;

(b) otherwise—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.

(2) Schedule 1, item 4, page 5 (after line 28), at the end of the item, add:

(4) Section 22 of the Environment Protection (Sea Dumping) Act 1981, as inserted by this Part, applies in relation to permits granted on or after the commencement of this item.

SHEET 2152

(1) Clause 2, page 3 (at the end of the table), add:

(2) Schedule 1, page 17 (after line 7), at the end of the Schedule, add:

Part 3 — Merits review

Environment Protection (Sea Dumping) Act 1981

52 Subsection 24(2)

Repeal the subsection, substitute:

(2) Subsection (1) does not apply in relation to a decision by the Minister under subsection 19(7) granting, or refusing to grant, a permit.

53 Application provision

The amendment of subsection 24(2) of the Environment Protection (Sea Dumping) Act 1981 made by this Part applies in relation to decisions made on or after the commencement of this item.