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senate vote 2023-12-05#14
Edited by
mackay staff
on
2024-05-04 13:39:54
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Title
Bills — Nature Repair Market Bill 2023, Nature Repair Market (Consequential Amendments) Bill 2023; in Committee- Nature Repair Market Bill 2023 and another - in Committee - Appointment to Committee + objects of the Act
Description
<p class="speaker">Andrew McLachlan</p><p>():  I will now deal with the amendments to the Nature Repair Market (Consequential Amendments) Bill 2020 circulated by the Australian Greens. The question is that amendment (1) on sheet 2301 be agreed to.</p>-
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2023-12-05.263.11) introduced by South Australian Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent), which means they failed.
- ### Amendment text
- *SHEET 2310*
- > *(1) Clause 198, page 226 (lines 3 to 8), omit subclause (4), substitute:*
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- >> *(4) The Minister must ensure that at all times at least one Nature Repair Market Committee member is a person who:*
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- >>> *(a) belongs to an Australian First Nations community; and*
- >>>
- >>> *(b) is recognised in that community as a person with significant standing; and*
- >>>
- >>> *(c) has substantial experience or knowledge relevant to the functions of the Committee.*
- *SHEET 2311*
- > *(1) Clause 3, page 2 (before line 12), before paragraph (a), insert:*
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- >> *(aa) to halt and reverse nature loss, and prevent extinctions, by increasing the health, abundance, diversity and resilience of species, populations and ecosystems; and*
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- >> *(ab) to contribute to the goal of protecting and conserving by 2030:*
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- >>> *(i) 30% of land in Australia; and*
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- >>> *(ii) 30% of Australian waters; and*
<p> <i>Australian Greens</i> <i>'</i> <i> circulated amendment—</i></p><p class="italic">(1) Page 1 (line 1) to page 8 (line 22), omit "<i>Market</i>" (wherever occurring).</p><p>Question agreed to.</p><p>I will now deal with the amendments to the Nature Repair Market Bill 2023, starting with the amendments circulated by the Australian Greens. The question is that amendments (1) to (6) and (8) to (11) on sheet 2203 be agreed to.</p><p> <i>Australian Greens</i> <i>'</i> <i> circulated amendments—</i></p><p class="italic">(1) Clause 1, page 1 (line 16), omit "Market".</p><p class="italic">(2) Page 4 (line 21) to page 245 (line 16), omit "Nature Repair Market Committee" (wherever occurring), substitute "Nature Repair Committee".</p><p class="italic">(3) Clause 7, page 11 (after line 8), after the definition of <i>engage in conduct</i>, insert:</p><p class="italic"><i>environmental offsetting measure</i> includes, but is not limited to, a measure to offset or compensate for the impacts of an action or project (however described) on the environment that is:</p><p class="italic">(a) required as a condition of an approval, licence or permit (however described) under a law of the Commonwealth, a State or a Territory; or</p><p class="italic">(b) directly financed from a fund into which money is paid as a condition of an environmental approval, licence or permit (however described) under a law of the Commonwealth, a State or a Territory; or</p><p class="italic">(c) undertaken as required or agreed to under a penalty or enforceable undertaking imposed or accepted under a law of the Commonwealth, a State or a Territory.</p><p class="italic">(4) Clause 7, page 11 (lines 9 to 13), omit the definition of <i>environmental offsetting purpose</i>, substitute:</p><p class="italic"><i>environmental offsetting purpose</i> means the purpose of meeting an environmental offsetting requirement (however described) under a law of the Commonwealth, a State or a Territory including through an environmental offsetting measure.</p><p class="italic">(5) Clause 68, page 95 (lines 18 to 20), omit subclause (1A).</p><p class="italic">(6) Clause 70, page 97 (lines 2 to 8), omit subclause (3), substitute:</p><p class="italic">(3) A biodiversity certificate must set out such matters (if any) as are specified in the rules.</p><p class="italic">(8) Clause 71, page 98 (line 20), omit "or 70B".</p><p class="italic">(9) Clause 76A, page 100 (lines 16 to 22), omit the clause, substitute:</p><p class="italic">76A Biodiversity certificates not to be used for environmental offsetting purpose</p><p class="italic">(1) A biodiversity certificate must not be used for an environmental offsetting purpose.</p><p class="italic">(2) This section has effect despite any other provision of this Act or any other law of the Commonwealth, or a State or Territory.</p><p class="italic">(3) To avoid doubt, section 225 (Concurrent operation of State and Territory laws) does not apply to this section.</p><p class="italic">(10) Clause 164, page 187 (lines 12 to 22), omit paragraphs (1)(da) and (db).</p><p class="italic">(11) Clause 212, page 234 (lines 20 and 21), omit paragraph (fa).</p><p>Question agreed to.</p><p>The question now is that clause 70B of the Nature Repair Bill stand as printed.</p><p> <i>The Australian Greens</i> <i> opposed clause 70B in the following terms—</i></p><p class="italic">(7) Clause 70B, page 97 (line 25) to page 98 (line 13), to be opposed.</p><p>Question negatived.</p><p>I will now deal with the amendments circulated by Senator David Pocock. The question is that the amendments on sheets 2310, 2311 and 2314 be agreed to.</p><p>Senator Roberts, do you wish the question split?</p> <p class="speaker">Malcolm Roberts</p><p>Yes.</p> <p class="speaker">Andrew McLachlan</p><p>I intend now to put the question on sheets 2310 and 2311, and then I will put a subsequent question on sheet 2314. The question is that the amendments on sheets 2310 and 2311 be agreed to.</p><p class="italic"> <i>Senator David Pocock's circulated amendments—</i></p><p class="italic">SHEET 2310</p><p class="italic">(1) Clause 198, page 226 (lines 3 to 8), omit subclause (4), substitute:</p><p class="italic">(4) The Minister must ensure that at all times at least one Nature Repair Market Committee member is a person who:</p><p class="italic">(a) belongs to an Australian First Nations community; and</p><p class="italic">(b) is recognised in that community as a person with significant standing; and</p><p class="italic">(c) has substantial experience or knowledge relevant to the functions of the Committee.</p><p class="italic">_____</p><p class="italic">SHEET 2311</p><p class="italic">(1) Clause 3, page 2 (before line 12), before paragraph (a), insert:</p><p class="italic">(aa) to halt and reverse nature loss, and prevent extinctions, by increasing the health, abundance, diversity and resilience of species, populations and ecosystems; and</p><p class="italic">(ab) to contribute to the goal of protecting and conserving by 2030:</p><p class="italic">(i) 30% of land in Australia; and</p><p class="italic">(ii) 30% of Australian waters; and</p><p></p> -
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