House of Representatives

Explanatory Memorandum

Circulation with the authority of the Parliamentary Secretary to the Prime Minister, the Hon Christian Porter MP)

Schedule 2 - Environment

Outline

Schedule 2 will amend and repeal provisions in Acts administered in the Environment portfolio, making minor technical amendments to streamline regulatory arrangements.

Part 1 - Abolition of the Natural Heritage Trust Advisory Committee

Outline

Part 1 will amend the Natural Heritage Trust of Australia Act 1997 (NHTA Act) to abolish the Natural Heritage Trust Advisory Committee (the NHTA Committee). In May 2014, the Government announced that to reduce unnecessary duplication and red tape, the Australian Landcare Council (ALC) and the NHTA Committee would be consolidated into one committee.

The NHTA Committee has not met since 2010. A new advisory committee, the National Landcare Advisory Committee, has been established and will combine the functions of the NHTA Committee and the ALC, which is being abolished in Part 2 of Schedule 1.

Notes on Clauses

Natural Heritage Trust of Australia Act 1997

Item 1: Section 3

Item 1 will amend the simplified outline of the NHTA Act to remove reference to the NHTA Committee.

Item 2: Part 5

Item 2 will remove Part 5 of the NHTA Act which established and sets out conditions and procedures for the NHTA Committee.

Item 3: Section 54 (definition of Committee)

Item 4: Section 54 (definition of Committee member)

Items 3 and 4 make consequential amendments to the removal of Part 5 of the NHTA Act, removing definitions which only relate to Part 5 of the NHTA Act.

Part 2 - Abolition of the Biological Diversity Advisory Committee

Outline

Part 2 will amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to abolish the Biological Diversity Advisory Committee (the BDA Committee). The BDA Committee was established to advise the Minister for the Environment on matters relating to the conservation and ecologically sustainable use of biological diversity.

Membership of the BDA Committee lapsed in 2007. Therefore, the legislation establishing it is no longer required.

Notes on Clauses

Environment Protection and Biodiversity Conservation Act 1999

Item 5: Division 2 of Part 19

Item 5 will repeal the Division of the EPBC Act that establishes the BDA Committee and its functions.

Item 6: Paragraph 506(b)

Item 6 will repeal paragraph 506(b) of the EPBC Act to remove a reference to the BDA Committee referring to the terms and conditions for members and procedures of the Committee.

Part 3 - Plans

Outline

The EPBC Act requires certain areas to be covered by a protected area management plan. Due to the application of the Environment Protection and Management Ordinance 1987, Heard Island and McDonald Islands were exempted from this requirement under certain sections of the EPBC Act. This was to prevent multiple management plans being required to apply to the same areas.

Notes on Clauses

Environment Protection and Biodiversity Conservation Act 1999

Item 7: Subsection 316(7)

Item 8: Subsection 324T(1)

Item 9: Subsection 324T(2)

Item 10: Subsection 328(7)

Item 11: Subsection 341U(1)

Item 12: Subsection 341U(2)

Items 7 to 12 will make amendments to the EPBC Act to remove exemptions for Heard Island and McDonald Islands and correct references to subsections. As Heard Island and McDonald Islands were incorporated into the Heard Island and McDonald Islands Marine Reserve in 2002, they are covered by exemptions under 316(6), 324T(1), 328(6) and 341U(1). The original exemptions under subsections 316(7), 324T(2), 328(7) and 341U(2) are therefore duplicative and redundant.

Part 4 - Director's functions and powers

Outline

Part 4 will remove a redundant reference in the EPBC Act to the part of the Australian National Botanic Gardens that is in the Jervis Bay Territory and was incorporated into Booderee National Park in 2000.

Notes on Clauses

Environment Protection and Biodiversity Conservation Act 1999

Item 13: Subsection 514D(3)

Item 13 will repeal subsection 514D(3) of the EPBC Act which requires that the Director of National Parks consult and have regard to the views of the Chairperson of the Wreck Bay Aboriginal Community Council in relation to the portion of the Australian National Botanic Gardens that is in the Jervis Bay Territory.

In 2000, this area was transferred to the Booderee National Park, to be jointly managed by the Director of National Parks and the community. Consultation requirements in relation to the Park under paragraph 514D(2)(c) now apply. As such, subsection 514D(3) is redundant.