Climate Change and Greenhouse Gas Emissions Reduction Bill 2021 - Bill as Introduced

Australia / Western Australia / Bills

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Bill No.48

14 Oct 2021

Legislative Council Second Reading - 14 Oct 2021, Private Member's Bill introduced by Pettitt, Hon Brad

48—1 page i

Western Australia

Climate Change and Greenhouse Gas Emissions

Reduction Bill 2021

Contents

Part 1 — Preliminary

1. Short title 2 2. Commencement 2 3. Objects of Act 2 4. Guiding principles 3 5. Terms used 3 6. Act binds Crown 7

Part 2 — Targets

7. Reduction of greenhouse gas emissions 8 8. Increase in renewable energy generation 8 9. Additional targets 8 10. Methods for determining compliance with targets 8 11. Amendment of methods for determining

compliance with targets 10 12. Annual determinations 10

Part 3 — Administration

Division 1 — The Minister 13. Term used 12 14. Functions of the Minister 12 15. Climate change strategy 13 16. Review of climate change strategy 15 17. Amendment or replacement of climate change

strategy 15 18. Reporting to Parliament 16

Division 2 — Climate Change Council 19. Climate Change Council established 19

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Contents

page ii

20. Membership 19 21. Functions 20 22. Schedule 1 has effect 21 23. Annual report 22

Part 4 — Climate change

considerations

24. Terms used 23 25. Action not to have effect of exceeding threshold 23 26. Actions taken by decision makers 24 27. Minister may make guidelines 25 28. Status and publication of guidelines 26 29. Inconsistent laws 27

Part 5 — Miscellaneous

30. Saving of rights at law 28 31. Documents to be published and made available 28 32. Regulations 29 33. Protection from liability for wrongdoing 29 34. Review of Act 30

Part 6 — Consequential amendments

to other Acts

35. Constitution Acts Amendment Act 1899 amended 31 36. Environmental Protection Act 1986 amended 31

Schedule 1 — Provisions about the

Climate Change Council

1. Term of office 32 2. Casual vacancy 32 3. Remuneration 33 4. Meetings 33 5. Holding meetings remotely 33 6. Voting 33 7. Disclosure of interests 34 8. Participation by interested member 34 9. Procedure at meetings 35 10. Minutes of meetings 35 11. Resolution without meeting 35

page 1

Western Australia

LEGISLATIVE COUNCIL

(Introduced by Hon. Dr. Brad Pettitt, MLC)

Climate Change and Greenhouse Gas Emissions

Reduction Bill 2021

A Bill for

An Act to provide for —

• targets for the reduction of greenhouse gas emissions and the

increase in renewable energy generation; and

• the establishment of the Climate Change Council,

and for related purposes.

The Parliament of Western Australia enacts as follows:

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 1 Preliminary

s. 1

page 2

Part 1 — Preliminary 1

1. Short title 2

This is the Climate Change and Greenhouse Gas Emissions 3

Reduction Act 2021. 4

2. Commencement 5

This Act comes into operation as follows — 6

(a) sections 1 and 2 — on the day on which this Act 7

receives the Royal Assent; 8

(b) the rest of the Act — on a day fixed by proclamation. 9

3. Objects of Act 10

(1) The objects of this Act are — 11

(a) to minimise the State’s contribution to global 12

greenhouse gas emissions and avoid the adverse impacts 13

of climate change; 14

(b) to reduce the State’s greenhouse gas emissions 15

consistently with the interim emissions target; 16

electricity consistently with the long term renewable 18

energy target and the interim renewable energy target; 19

(d) assisting and guiding the taking of action by government 20

and the community to reduce emissions in order to meet 21

Australia’s obligations, including the following — 22

(i) the Climate Change Convention; 23

(ii) the Kyoto protocol; 24

(iii) the Paris Agreement; 25

(e) to promote and support the State’s regions, industries 26

and communities in the transition to a net zero emissions 27

economy including taking advantage of the 28

opportunities and addressing the impacts from it; 29

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Preliminary Part 1

s. 4

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(f) “warming to well below 2°C and pursuing efforts to 1

limit it to 1.5°C above pre-industrial levels” to ensure 2

that decisions under this Act are consistent with limiting 3

the increase in global; 4

(g) to support individuals and communities vulnerable to 5

the impacts of climate change; 6

(h) to promote social justice and intergenerational equity. 7

(2) In pursuit of the objects of this Act, regard must be had to the 8

guiding principles. 9

4. Guiding principles 10

The guiding principles of this Act are — 11

1. The precautionary principle 12

Where there are threats of serious or irreversible damage 13

to the environment, lack of full scientific certainty 14

should not be used as a reason for postponing measures 15

to prevent that damage. 16

2. The principle of intergenerational equity 17

The present generation should ensure that the health, 18

diversity and productivity of the environment is 19

maintained or enhanced for the benefit of future 20

generations. 21

3. The principle of just transition 22

The benefits and burdens on individuals and 23

communities from a just transition are allocated and 24

distributed fairly. 25

5. Terms used 26

In this Act — 27

agency means any of the following — 28

(a) a public sector body as that term is defined in the Public 29

Sector Management Act 1994 section 3(1); 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 1 Preliminary

s. 5

page 4

(b) a statutory authority as that term is defined in the 1

Financial Management Act 2006 section 3; 2

climate change strategy means the strategy prepared under 3

section 15 or under section 17 as read with that section; 4

Council means the Climate Change Council established under 5

section 19; 6

greenhouse gas has the same meaning as in the National 7

Greenhouse and Energy Reporting Act 2007 (Commonwealth) 8

and means any of the following — 9

(a) carbon dioxide; 10

(b) methane; 11

(d) hydro fluorocarbons; 13

(e) perfluorocarbons; 14

(f) sulphur hexafluoride; 15

(g) any other gas that is prescribed for the purposes of this 16

definition; 17

greenhouse gas emissions means the emission of one or more 18

greenhouse gases — 19

(a) in the State; 20

(b) outside the State (but within the Commonwealth of 21

Australia) as a result of energy that was sourced, 22

produced or processed in the State; 23

fossil fuel means any of the following — 24

(a) petroleum as that term is defined in the Petroleum and 25

Geothermal Energy Resources Act 1967 section 5(1); 26

(b) coal; 27

section 8(1); 29

(d) methane clathrates; 30

guiding principles means the principles set out in section 4; 31

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Preliminary Part 1

s. 5

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interim emissions target has the meaning given in section 7; 1

interim renewable energy target has the meaning given in 2

section 8(2); 3

long term renewable energy target has the meaning given in 4

section 8(1); 5

member means a member of the Council appointed under 6

Division 2 of Part 3; 7

net emissions means the number determined as the net 8

emissions in the following equation — 9

net emissions = E – R 10

where — 11

E is the amount of greenhouse gas emissions for the 12

relevant period determined in accordance with the 13

target methodology for the emissions target; 14

R is the amount of greenhouse gases removed from the 15

atmosphere for the relevant period determined in 16

accordance with the target methodology for the 17

emissions target; 18

net zero emissions means the net emissions for the relevant 19

period is equal to or less than zero; 20

non-renewable energy source means any of the following — 21

(a) fossil fuels; 22

(b) nuclear; 23

prescribed target means a target prescribed under section 9(1); 25

renewable electricity means electricity generated from a 26

renewable energy source; 27

renewable energy source means any of the following — 28

(a) hydro; 29

(b) wave; 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 1 Preliminary

s. 5

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(d) ocean thermal; 2

(e) wind; 3

(f) solar; 4

(g) geothermal; 5

(h) any other energy source that is prescribed for the 6

purposes of this definition but which may not include a 7

non-renewable energy source; 8

reporting year means the period of 12 months ending on the 9

immediately preceding 30 June; 10

target means each of the following — 11

(a) a prescribed target; 12

(b) interim emissions target; 13

(d) interim renewable energy target; 15

target date means the date by which a target is to be met under 16

section 7, 8 or 9 as the case requires, being in the case of — 17

(a) the interim renewable energy target, 30 June 2025; 18

(b) the long term renewable energy target and the interim 19

emissions target, 30 June 2030; 20

the purposes of the target under section 9(3); 22

target methodology means the method for determining 23

compliance with the relevant target as is — 24

(a) prescribed under section 10(2); or 25

(b) set under section 10(3); or 26

as the case may be; 28

transition to a net zero emissions economy means the collective 29

efforts by the government, agencies, industries, communities 30

and individuals to meet the targets. 31

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Preliminary Part 1

s. 6

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6. Act binds Crown 1

This Act binds the Crown in right of Western Australia and, so 2

far as the legislative power of the Parliament permits, the Crown 3

in all its other capacities. 4

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 2 Targets

s. 7

page 8

Part 2 — Targets 1

7. Reduction of greenhouse gas emissions 2

The interim emissions target is to reduce net greenhouse gas 3

emissions by at least 50% of the 2005 levels of greenhouse gas 4

emissions, by 30 June 2030. 5

8. Increase in renewable energy generation 6

(1) The long term renewable energy target is 90% of electricity 7

generated in the State by 30 June 2030 is from renewable 8

energy sources. 9

(2) The interim renewable energy target is 50% of electricity 10

generated in the State by 30 June 2025 is from renewable 11

energy sources. 12

9. Additional targets 13

(1) The regulations may prescribe supplementary targets in relation 14

to one or more of the following — 15

(a) greenhouse gas emissions; 16

(b) the removal of greenhouse gases from the atmosphere; 17

(d) the generation of electricity from renewable energy 19

sources in the State. 20

(2) A prescribed target may bring forward, but may not extend, a 21

target date for a target set out in section 7 or section 8. 22

(3) The regulations must prescribe a target date for a prescribed 23

target. 24

10. Methods for determining compliance with targets 25

(1) In this section, the method for determining compliance with a 26

target in relation to — 27

(a) the interim emissions target includes — 28

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Targets Part 2

s. 10

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(i) the method for determining the amount of 1

greenhouse gas emissions; 2

(ii) determining the activities that remove 3

greenhouse gases from the atmosphere; 4

(iii) the method for determining the amount of 5

greenhouse gases removed from the atmosphere 6

due to those activities; 7

(iv) setting the baseline 2005 levels of greenhouse 8

gas emissions; 9

(b) the long term renewable energy target and the interim 10

renewable energy target includes — 11

(i) determining the energy sources that generate 12

electricity in the State and which of those are 13

renewable energy sources; 14

(ii) the method for determining the amount of 15

electricity generated from energy sources. 16

(2) The regulations may prescribe the method for determining 17

compliance with a target. 18

(3) Subject to subsection (2), the Minister must set the method for 19

determining compliance with each target within 6 months of the 20

day on which this section comes into operation. 21

(4) Before the method for determining compliance with a target is 22

prescribed or set, the Minister must — 23

(a) consult with the Council and attempt to reach consensus 24

with the Council within the period referred to in 25

subsection (3); and 26

(b) obtain written advice from one or more persons who are, 27

in the Minister’s opinion, appropriately qualified to 28

provide independent expert advice, 29

on the proposed method. 30

(5) The Minister must ensure that the method for determining 31

compliance with a target is consistent with the best national and 32

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 2 Targets

s. 11

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international practices that relate to the method for determining 1

compliance with the target. 2

(6) The Minister must publish the method for determining 3

compliance with a target under section 31, within 28 days of the 4

date on which it is set under subsection (3). 5

11. Amendment of methods for determining compliance with 6

targets 7

(1) The Minister may amend a method for determining compliance 8

with a target set under section 10(3). 9

(2) Sections 10(1), (4) and (5) apply to an amendment of a method 10

for determining compliance with a target in a similar manner as 11

if a reference in those sections to setting the method for 12

determining compliance with a target were a reference to an 13

amendment of that method. 14

(3) The Minister must publish an amendment of a method for 15

determining compliance with a target under section 31, within 16

28 days of the date on which the method is amended. 17

12. Annual determinations 18

(1) The Minister must, by 31 August in each year and in accordance 19

with any applicable target methodology, determine for the 20

5 years preceding the reporting year — 21

(a) the amount of greenhouse gas emissions; and 22

(b) the amount of greenhouse gases removed from the 23

atmosphere; and 24

as a percentage of the 2005 levels of greenhouse gas 26

emissions, subject to subsection (2); and 27

(d) the net emissions; and 28

(e) the average amount of greenhouse gas emissions per 29

individual in the State; and 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Targets Part 2

s. 12

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(f) the percentage of electricity generated in the State from 1

renewable energy sources; and 2

(g) any other matter prescribed under subsection (3). 3

(2) The Minister is only required to make a determination under 4

subsection (1)(c) until the later of the period ending 5

30 June 2030 or the date on which the interim emissions target 6

is met. 7

(3) The regulations may prescribe a matter to be determined by the 8

Minister under subsection (1) in relation to a prescribed target. 9

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 3 Administration

Division 1 The Minister

s. 13

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Part 3 — Administration 1

Division 1 — The Minister 2

13. Term used 3

In this Division — 4

Minister’s determinations means the determinations made by 5

the Minister under section 12. 6

14. Functions of the Minister 7

(1) The Minister has the following functions — 8

(a) to develop a climate change strategy for the State; 9

(b) to develop policies and to promote strategies and actions 10

including by agencies, industries and communities, that 11

are intended to contribute to meeting the targets; 12

international climate change forums; 14

(d) to promote the development and use of technologies that 15

are intended to eliminate or reduce greenhouse gas 16

emissions or to increase the removal of greenhouse 17

gases from the atmosphere; 18

(e) to promote the creation of jobs in industries that 19

contribute to the elimination or reduction of greenhouse 20

gas emissions or to the increase in the removal of 21

greenhouse gases from the atmosphere; 22

(f) to promote the generation and use of renewable 23

electricity in the State; 24

(g) to promote the creation of jobs in the renewable 25

electricity industry in the State; 26

(h) to support initiatives, including training and education, 27

for the transition of workers from jobs in industries 28

relating to the generation of electricity from 29

non-renewable energy sources; 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Administration Part 3

The Minister Division 1

s. 15

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(i) to promote the creation of jobs in the regions that give 1

effect to the objects of this Act or support the removal of 2

greenhouse gases from the atmosphere; 3

(j) to promote research and development consistent with 4

the objects of this Act; 5

(k) to undertake monitoring and other programs to assess 6

the existing and future effects of climate change in the 7

State; 8

(l) to support public education about climate change; 9

(m) to provide reports and to publish other information and 10

analysis relating to — 11

(i) climate change; or 12

(ii) initiatives, strategies or actions that address 13

climate change or that are intended to contribute 14

to meeting a target; 15

(n) to undertake any other functions given to the Minister 16

under this Act. 17

(2) In the exercise of the Minister’s functions, the Minister must — 18

(a) apply the guiding principles; and 19

(b) have regard to the advice of the Council. 20

15. Climate change strategy 21

(1) The Minister must prepare a climate change strategy and 22

publish it under section 31, within 12 months of the day on 23

which this section comes into operation. 24

(2) The climate change strategy must include a statement of the 25

following — 26

(a) the proposed pathways for meeting the targets 27

including — 28

(i) the policies that have been developed or are 29

proposed to be developed; and 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 3 Administration

Division 1 The Minister

s. 15

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(ii) the strategies or actions including by agencies, 1

industries and communities, that have been 2

promoted or are proposed to be promoted; and 3

(b) the priorities and timelines for the government in 4

developing the proposed policies and promoting or 5

undertaking the proposed strategies or actions; and 6

economy on — 8

(i) low-income households and other socially or 9

financially disadvantaged people; and 10

(ii) workers in industries, regions and communities 11

which are likely to be significantly impacted by 12

the transition to a net zero emissions economy, 13

including due to employment in a particular 14

industry or location in a particular region. 15

(3) The climate strategy must include a transition plan which 16

provides for fair and just measures proposed to address the 17

expected impact of the transition to a net zero emissions 18

economy on the— 19

(a) households and people referred to in 20

subsection (2)(c)(i); and 21

(b) workers, regions and communities referred to in 22

subsection (2)(c)(ii). 23

(4) The climate change strategy shall include measures relating to 24

the mitigation of or adaptation to the effects of climate change, 25

the reduction of societal vulnerabilities, particularly among 26

socio-economically disadvantaged populations, resilience 27

building and disaster risk reduction. 28

(5) The Minister must, in preparing the climate change strategy, 29

consult with the Council. 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Administration Part 3

The Minister Division 1

s. 16

page 15

16. Review of climate change strategy 1

(1) The Minister must carry out a review of the climate change 2

strategy at intervals of not longer than 5 years from the day on 3

which this section comes into operation. 4

(2) The Minister must prepare a report based on each review. 5

(3) Section 17 applies if the Minister determines, as a result of a 6

review, the climate change strategy should be amended or 7

revoked and substituted with a replacement climate change 8

strategy. 9

17. Amendment or replacement of climate change strategy 10

(1) The Minister may — 11

(a) amend the climate change strategy; or 12

(b) revoke the climate change strategy and immediately 13

substitute it with a replacement climate change strategy. 14

(2) Sections 15(2), (3), (4) and (5) apply to — 15

(a) an amendment of the climate change strategy in a 16

similar manner as if a reference in those sections to the 17

climate change strategy were a reference to an 18

amendment of the strategy; 19

(b) the revocation of the climate change strategy and 20

immediate substitution of it with a replacement climate 21

change strategy as if a reference in those sections to the 22

climate change strategy were a reference to the 23

replacement strategy. 24

(3) The Minister must publish an amendment of the climate change 25

strategy or notice of the revocation of the climate change 26

strategy and the replacement strategy under section 31, within 27

28 days of the date on which the strategy is amended or revoked 28

and replaced. 29

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 3 Administration

Division 1 The Minister

s. 18

page 16

18. Reporting to Parliament 1

(1) The Minister must, by 31 October in each year, prepare a report 2

and cause it to be laid before each House of Parliament. 3

(2) The report must include — 4

(a) a description of each target and the target methodology 5

for the target; and 6

(b) the Minister’s determinations for the reporting year; and 7

reporting year with the Minister’s determinations made 9

since the commencement of this Act; and 10

(d) identification of the following matters for the reporting 11

year — 12

(i) the main sources of greenhouse gas emissions by 13

industry type and the quantity and type of 14

greenhouse gas emissions by each industry; and 15

(ii) the main methods of removing greenhouse gases 16

from the atmosphere and the quantity and type of 17

greenhouse gases removed from the atmosphere 18

by each method; and 19

(iii) the main energy sources for the generation of 20

electricity and the quantity of electricity 21

generated by each source; and 22

(e) an explanation of the possible reasons for any change in 23

the Minister’s determinations for the reporting year from 24

the preceding Minister’s determination; and 25

(f) an analysis of the progress in meeting the targets and an 26

assessment of cumulative progress towards meeting the 27

targets; and 28

(g) an analysis of the performance and effectiveness of the 29

pathways in the climate change strategy; and 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Administration Part 3

The Minister Division 1

s. 18

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(h) an analysis of the performance of any policies or 1

schemes that promote any of the matters described in 2

subsection (3); and 3

(i) an analysis of the performance and effectiveness of any 4

strategies or actions promoted, or undertaken by any 5

agency, that relate to any of the matters described in 6

subsection (3); and 7

(j) any other prescribed information, including any that 8

may be prescribed under subsection (4); and 9

(k) any other information relevant to the targets that the 10

Minister considers appropriate. 11

(3) The following matters apply for the purposes of 12

subsections (2)(h) and (i) — 13

(a) the elimination or reduction of greenhouse gas 14

emissions; 15

(b) an increase in the amount of greenhouse gases removed 16

from the atmosphere; 17

sources in the State. 19

(4) The regulations may prescribe information that must be 20

included in a report prepared under subsection (1) in relation to 21

a prescribed target. 22

(5) Every second report that is tabled after the day on which this 23

section comes into operation must also include a description 24

of — 25

(a) what has been done in the performance of the Minister’s 26

functions since the last report that included information 27

under this subsection (5); and 28

(b) the results of the performance of the Minister’s 29

functions referred to in paragraph (a); and 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 3 Administration

Division 1 The Minister

s. 18

page 18

relation to the — 2

(i) reduction of greenhouse gas emissions; and 3

(ii) removal of greenhouse gases from the 4

atmosphere; and 5

(iii) generation of electricity from renewable energy 6

sources compared with other energy sources; and 7

(d) what the Minister has done to promote or achieve an 8

increase in the levels of investment or employment 9

referred to in paragraph (c). 10

(6) The report that is tabled next after a target date must state 11

whether the target has been met. 12

(7) If a target has not been met by the target date, the report that is 13

tabled next after the target date and each subsequent report until 14

the target is met must also include — 15

(a) an explanation why the target has not been met; and 16

(b) what action the Minister is taking so the target will be 17

met; and 18

the target that was not met. 20

(8) The report that is tabled next after a review of the climate 21

change strategy under section 16 must include a summary of the 22

outcome of the review and — 23

(a) a summary of what action has been taken or is proposed 24

to be taken as a result of the review, including an 25

amendment or revocation and substitution with a 26

replacement climate change strategy; or 27

(b) an explanation why no action has been taken and none is 28

proposed to be taken as a result of the review. 29

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Administration Part 3

Climate Change Council Division 2

s. 19

page 19

Division 2 — Climate Change Council 1

19. Climate Change Council established 2

A body called the Climate Change Council is established. 3

20. Membership 4

(1) The Council is to consist of 7, 8 or 9 members, appointed by an 5

instrument in writing signed by the Minister. 6

(2) The Minister must ensure that — 7

(a) persons appointed to be members of the Council have a 8

broad range of skills and knowledge relating to climate 9

change; 10

(b) at least one person is appointed who is an Aboriginal 11

person; 12

represent each of the following — 14

(i) the environment and conservation sector; and 15

(ii) the scientific community; and 16

(iii) the interests of people who are socially or 17

financially disadvantaged; and 18

(d) other persons are appointed who have an interest, 19

expertise, experience or skills in a range of backgrounds 20

including — 21

(i) the local government sector; or 22

(ii) the business community; or 23

(iii) the energy sector; or 24

(iv) the transport or land use planning sectors; or 25

(v) the agricultural sector; or 26

(vi) the health sector. 27

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 3 Administration

Division 2 Climate Change Council

s. 21

page 20

(3) The Minister must not appoint a person to be a member unless 1

the person has demonstrated to the Minister’s satisfaction that 2

the person — 3

(a) is committed to action to address climate change; and 4

(b) has an understanding of the issues and impacts 5

associated with climate change. 6

(4) A person must not be appointed to be a member if the person is 7

a public service officer. 8

(5) The regulations may prescribe the procedure for appointing 9

persons as members. 10

(6) The Minister must appoint a member to be the chairperson of 11

the Council. 12

21. Functions 13

(1) The primary functions of the Council are — 14

(a) to provide independent and expert advice to the Minister 15

on — 16

(i) reducing greenhouse gas emissions; and 17

(ii) removing greenhouse gases from the 18

atmosphere; and 19

(iii) promoting the renewable electricity industry; and 20

(iv) addressing climate change and its effects 21

(including mitigation, adaptation, the reduction 22

of societal vulnerabilities, particularly among 23

socio-economically disadvantaged populations, 24

resilience building and disaster risk reduction); 25

and 26

(b) to review progress in meeting the targets and the 27

performance by the Minister of the functions under 28

section 14. 29

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Administration Part 3

Climate Change Council Division 2

s. 22

page 21

(2) The Council has such other functions as are conferred on it by 1

the Minister or this Act. 2

(3) In performing its functions, the matters on which the Council 3

may advise the Minister include any of the following — 4

(a) policies, actions or strategies to achieve energy 5

efficiencies; 6

(b) policies, actions or strategies to increase renewable 7

electricity generation and use; 8

(d) the impact of climate change on the business sector or 10

the broader community including — 11

(i) barriers to addressing climate change; and 12

(ii) proposed actions or strategies to overcome the 13

barriers; 14

(e) policies, actions or strategies to encourage private 15

entities to take action to — 16

(i) reduce greenhouse gas emissions; 17

(ii) increase the removal of greenhouse gases from 18

the atmosphere; 19

(iii) increase the generation and use of renewable 20

electricity; 21

(iv) address climate change and its effects; 22

(f) commercial, regional, national and international 23

practices or policies, including technological 24

developments, to address climate change that may be 25

suitable for use in or applicable to the State; 26

(g) costs associated with addressing, failing to address and 27

inadequately addressing climate change. 28

22. Schedule 1 has effect 29

Schedule 1 has effect in relation to the Council. 30

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Part 3 Administration

Division 2 Climate Change Council

s. 23

page 22

23. Annual report 1

(1) The Council must on or before 30 November in each year make 2

and submit to the Minister an annual report of its proceedings 3

and activities for the reporting year. 4

(2) The annual report must include — 5

(a) a summary of any advice or recommendations given by 6

the Council to the Minister during the reporting year; 7

and 8

(b) the Council’s review, under section 21(1)(b), of progress 9

in meeting the targets and the performance by the 10

Minister of the functions under section 14. 11

(3) The Minister must cause the following documents to be laid 12

before each House of Parliament within 14 sitting days of the 13

House after the Council’s report is received by the Minister — 14

(a) a copy of the Council’s annual report; and 15

(b) a statement that sets out — 16

(i) the extent to which the Minister has acted on any 17

advice or recommendations given by the Council 18

or an independent expert under section 10(4)(b), 19

to the Minister during the reporting year; or 20

(ii) if the Minister has not acted on any of the advice 21

or recommendations given by the Council or an 22

independent expert under section 10(4)(b), the 23

reasons for not doing so. 24

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Climate change considerations Part 4

s. 24

page 23

Part 4 — Climate change considerations 1

24. Terms used 2

(1) In this Part — 3

action has the meaning given in subsection (2); 4

decision maker means any Minister of the Crown, agency or 5

other person exercising a power or otherwise taking action 6

under a written law; 7

guidelines means guidelines made under section 27. 8

(2) For the purposes of this Part, action means a — 9

(a) recommendation given or decision made; or 10

(b) policy, program, strategy, report, practice or process 11

developed, prepared, approved or implemented, 12

that has the potential, if acted on or applied, to do any of the 13

following — 14

change or to undertake disaster risk reduction measures; 16

(d) contribute to greenhouse gas emissions; 17

(e) impact the removal of greenhouse gases from the 18

atmosphere. 19

25. Action not to have effect of exceeding threshold 20

(1) A decision maker must not take an action if it will, or is likely 21

to, have the effect of permitting or approving a new project, 22

development or facility that would exceed a threshold. 23

(2) For the purposes of this section — 24

carbon dioxide equivalence, of an amount of greenhouse gas, 25

means the amount of the gas multiplied by a value specified in 26

the regulations in relation to that kind of greenhouse gas; 27

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Part 4 Climate change considerations

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threshold means any of the following — 1

(a) the total amount of greenhouse gases emitted each year 2

associated with the project, development or facility that 3

would have a carbon dioxide equivalence of 4

25 kilotonnes or more; 5

(b) the total amount of energy produced each year by the 6

project, development or facility from a non-renewable 7

energy source would be 100 terajoules or more; 8

project, development or facility from a non-renewable 10

energy source would be 100 terajoules or more. 11

26. Actions taken by decision makers 12

(1) A decision maker must, before taking an action, have regard 13

to — 14

(a) the potential impacts of climate change relevant to the 15

action, if acted on or applied; and 16

(b) the potential contribution to greenhouse gas emissions 17

of the action, if acted on or applied; and 18

(d) any guidelines that are relevant to the action itself or the 20

action if acted on or applied. 21

(2) A decision maker must, before taking an action to which 22

section 24(2)(c) applies, also have regard to the potential 23

biophysical, economic, environmental, health and social impacts 24

including — 25

(a) potential long term and short term impacts; and 26

(b) potential beneficial and detrimental impacts; and 27

(d) potential cumulative impacts. 29

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Climate change considerations Part 4

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(3) A decision maker must, before taking an action to which 1

section 24(2)(d) applies, also have regard to — 2

(a) potential long term and short term greenhouse gas 3

emissions; and 4

(b) potential direct and indirect greenhouse gas emissions; 5

and 6

emissions; and 8

(d) potential cumulative impacts of greenhouse gas 9

emissions. 10

(4) A decision maker must, before taking an action to which 11

section 24(2)(e) applies, also have regard to — 12

(a) potential long term and short term removal of 13

greenhouse gases from the atmosphere; and 14

(b) potential increases and decreases in the removal of 15

greenhouse gases from the atmosphere; and 16

greenhouse gases from the atmosphere. 18

(5) This section does not affect or limit the function or discretion of 19

a decision maker to consider any other matter before taking an 20

action. 21

(6) A decision maker must document how the matters referred to in 22

this section were had regard to before taking the action. 23

27. Minister may make guidelines 24

(1) The Minister may make guidelines to provide policy or practical 25

guidance to decision makers about any matter that relates to 26

taking an action under, or complying with, this Part. 27

(2) The guidelines may relate to one or more of the following — 28

(a) the State’s ability to mitigate or adapt to climate change 29

or to undertake disaster risk reduction measures; 30

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Part 4 Climate change considerations

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(b) greenhouse gas emissions; 1

atmosphere; 3

(d) any of the matters provided for in section 26(1), (2), (3) 4

or (4); 5

(e) the potential of an action, if acted on or applied, to 6

impact the State’s ability to mitigate or adapt to climate 7

change or to undertake disaster risk reduction measures; 8

(f) the potential of an action, if acted on or applied, to 9

contribute to greenhouse gas emissions; 10

(g) the potential of an action, if acted on or applied, to 11

impact the removal of greenhouse gases from the 12

atmosphere; 13

(h) the possible application to an action of any State policy 14

on the mitigation or adaptation to climate change, the 15

reduction of societal vulnerabilities, particularly among 16

socio-economically disadvantaged populations, 17

resilience building or disaster risk reduction; 18

(i) the possible application to an action of any State policy 19

on greenhouse gas emissions; 20

(j) the possible application to an action of any State policy 21

on the removal of greenhouse gases from the 22

atmosphere. 23

(3) The Minister may vary or revoke any guidelines. 24

(4) The Minister must, in making or varying any guidelines, have 25

regard to the guiding principles. 26

(5) The Minister must, before making, varying or revoking any 27

guidelines, consult with the Council. 28

28. Status and publication of guidelines 29

(1) Guidelines are not subsidiary legislation for the purposes of the 30

Interpretation Act 1984. 31

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Climate change considerations Part 4

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(2) The Interpretation Act 1984 sections 41, 43 (other than 1

subsection (6)) and 44 apply to guidelines as if they were 2

subsidiary legislation. 3

(3) If there is a conflict or inconsistency between a provision of this 4

Act and a provision of the guidelines, the provision of this Act 5

prevails. 6

(4) For the purposes of this section, guidelines includes a variation 7

or revocation of guidelines. 8

29. Inconsistent laws 9

Whenever a provision of this Part is inconsistent with a 10

provision contained in, or ratified or approved by, any other 11

written law, the provision of this Part prevails. 12

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Part 5 Miscellaneous

s. 30

page 28

Part 5 — Miscellaneous 1

30. Saving of rights at law 2

Nothing in this Act in any way affects any right any person has 3

at law to prevent, control or abate the impacts of climate 4

change, greenhouse gas emissions or the generation of 5

electricity from non-renewable energy sources or to obtain 6

damages. 7

31. Documents to be published and made available 8

(1) In this section — 9

department means the department principally assisting in the 10

administration of this Act; 11

document means any of the following — 12

(a) a method for determining compliance with a target set 13

under section 10(3); 14

(b) an amendment of a method for determining compliance 15

with a target made under section 11; 16

(d) an amendment of the climate change strategy or notice 18

of revocation of the climate change strategy and the 19

replacement climate change strategy made under 20

section 17. 21

(2) Publication of a document must be effected by publishing — 22

(a) the document in the Gazette; or 23

(b) a notice in the Gazette stating that the document has 24

been prepared or made and that particulars of its 25

contents may be obtained from the head office of the 26

department and the department’s website. 27

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(3) Particulars of a document and any guidelines made or varied 1

under section 27 must be — 2

(a) made available at the head office of the department; and 3

(b) published on, or accessible through, the department’s 4

website. 5

32. Regulations 6

(1) The Governor may make regulations prescribing matters — 7

(a) required or permitted by this Act to be prescribed; or 8

(b) necessary or convenient to be prescribed for giving 9

effect to the purposes of this Act. 10

(2) The regulations may provide for the Minister to require persons 11

to provide information to the Minister to enable the Minister to 12

perform the Minister’s functions under this Act. 13

(3) Regulations made for the purposes of subsection (2) may 14

provide for offences against the regulations and prescribe 15

penalties for those offences not exceeding a fine of $10 000. 16

33. Protection from liability for wrongdoing 17

(1) An action in tort does not lie against a person for anything that 18

the person has done, in good faith, in the performance or 19

purported performance of a function under this Act. 20

(2) The State is also relieved of any liability that it might otherwise 21

have had for another person having done anything as described 22

in subsection (1). 23

(3) The protection given by this section applies even though the 24

thing done as described in subsection (1) may have been 25

capable of being done whether or not this Act had been enacted. 26

(4) In this section, a reference to the doing of anything includes a 27

reference to an omission to do anything. 28

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34. Review of Act 1

(1) The Minister must carry out a review of the operation and 2

effectiveness of this Act as soon as is practicable after every 3

5th anniversary of the commencement of this section. 4

(2) In the course of the review the Minister must consider and have 5

regard to — 6

(a) the extent to which the objects of this Act, including the 7

targets, have been or are being achieved; and 8

(b) the extent to which additional legislative measures may 9

be necessary to achieve the objects of this Act; and 10

relevant to the operation and effectiveness of this Act. 12

(3) The Minister must prepare a report based on each review. 13

(4) The Minister must — 14

(a) in carrying out the review, consult with the Council; and 15

(b) in preparing the report, include in it a summary of any 16

advice or recommendations given by the Council in 17

relation to the review. 18

(5) The Minister must, as soon as is practicable after the report is 19

prepared, cause it to be laid before each House of Parliament. 20

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Consequential amendments to other Acts Part 6

s. 35

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Part 6 — Consequential amendments to other Acts 1

35. Constitution Acts Amendment Act 1899 amended 2

(1) This section amends the Constitution Acts Amendment Act 1899. 3

(2) In Schedule V Part 3 after the item relating to the Chicken Meat 4

Industry Committee insert: 5

The Climate Change Council established under the Climate 6

Change and Greenhouse Gas Emissions Reduction Act 2021. 7

36. Environmental Protection Act 1986 amended 8

(1) This section amends the Environmental Protection Act 1986. 9

(2) In section 5 delete “Whenever” and insert: 10

Subject to section 29 of the Climate Change and Greenhouse 11

Gas Emissions Reduction Act 2021, whenever 12

Climate Change and Greenhouse Gas Emissions Reduction Bill 2021

Schedule 1 Provisions about the Climate Change Council

cl. 1

page 32

Schedule 1 — Provisions about the Climate Change 1

Council 2

[s. 22] 3

1. Term of office 4

(1) A member holds office for the period, not exceeding 3 years, 5

specified in the instrument of appointment. 6

(2) A member may be reappointed. 7

2. Casual vacancy 8

(1) The office of a member becomes vacant if the member dies or resigns 9

or the member’s appointment is terminated under this clause. 10

(2) A member may at any time resign from office by notice in writing 11

given to the Minister. 12

(3) The Minister may, by written notice given to a member, terminate the 13

appointment of the member — 14

(a) if the member has been absent, without leave or reasonable 15

excuse, from 3 consecutive meetings of the Council of which 16

the member has had notice; or 17

(b) if the member is, according to the Interpretation Act 1984 18

section 13D, a bankrupt or a person whose affairs are under 19

insolvency laws; or 20

(i) mental or physical incapacity, other than temporary 22

illness, impairing the performance of the member’s 23

duties; or 24

(ii) neglect of duty; or 25

(iii) misconduct; or 26

(iv) incompetence; or 27

(d) for any other reasonable cause. 28

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Provisions about the Climate Change Council Schedule 1

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3. Remuneration 1

A member is to be paid such remuneration and allowances as the 2

Minister determines from time to time on the recommendation of the 3

Public Sector Commissioner. 4

4. Meetings 5

(1) The Council must meet at least 4 times a year. 6

(2) The member appointed under section 20(6) as chairperson must, if 7

present, preside at all Council meetings. 8

(3) If the chairperson is not present at a Council meeting, the members 9

present at the meeting are to elect one of their number to preside. 10

(4) The quorum for a Council meeting is any 4 members. 11

5. Holding meetings remotely 12

The presence of a member at a Council meeting need not be by 13

attendance in person but may be by that member and each other 14

member at the meeting being simultaneously in contact by telephone 15

or other means of instantaneous communication. 16

6. Voting 17

(1) Each member present at a Council meeting has a deliberative vote 18

unless clause 8 prevents the member from voting. 19

(2) A question is to be resolved by a majority of the votes cast. 20

(3) If there is an equality of votes the member presiding has a casting 21

vote in addition to a deliberative vote. 22

(4) If a resolution relating to giving advice or a recommendation to the 23

Minister is passed by the exercise of a casting vote under 24

subclause (3), the Council must provide to the Minister at the same 25

time as providing the advice or recommendation a summary of any 26

minority view and the reasoning for it, if requested to do so at the 27

meeting by a member who voted against the resolution. 28

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Schedule 1 Provisions about the Climate Change Council

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7. Disclosure of interests 1

(1) A member who has a material personal interest in a matter being 2

considered or about to be considered by the Council must, as soon as 3

possible after the relevant facts come to the member’s knowledge, 4

disclose the nature and extent of the interest at a Council meeting. 5

(2) If a member has, in the opinion of the person presiding at a Council 6

meeting, a material personal interest in a matter being considered or 7

about to be considered by the Council, the person presiding may call 8

on the member to disclose the nature and extent of that interest and, in 9

default of any such disclosure, may determine that the member has the 10

interest. 11

(3) A disclosure under subclause (1) or a determination under 12

subclause (2) must be recorded in the minutes of the meeting. 13

8. Participation by interested member 14

(1) A member who has made a disclosure of an interest in a matter, or in 15

respect of whom a determination has been made in relation to a 16

matter — 17

(a) may take part in the consideration or discussion of the matter; 18

and 19

(b) must not be present at nor take part in a vote, whether at the 20

meeting or otherwise, to advise the Minister on the matter. 21

(2) Subclause (1) does not apply in relation to a member if — 22

(a) the member disclosed an interest in a matter under clause 7(1) 23

or the person presiding at the meeting has determined that the 24

member has an interest in a matter under clause 7(2); and 25

(b) the Council has passed a resolution that — 26

(i) specifies the member, the interest and the matter; and 27

(ii) states that the members voting for the resolution are 28

satisfied that the interest is not significant enough to 29

be likely to unduly influence the member’s conduct 30

in considering or voting on the matter; and 31

paragraph (b) was being considered at a Council meeting and 33

did not vote on the resolution. 34

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Provisions about the Climate Change Council Schedule 1

cl. 9

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9. Procedure at meetings 1

The Council is to determine its own meeting procedures to the extent 2

they are not fixed by this Act. 3

10. Minutes of meetings 4

The Council must keep accurate minutes of its meetings. 5

11. Resolution without meeting 6

A resolution in writing signed or otherwise assented to in writing by 7

each member has the same effect as if it had been passed at a meeting, 8

and must be recorded in the minutes of the Council’s next meeting. 9