Friday 22 April 2016

Environmental Protection (Chain of Responsibility) Amendment Bill 2016 - Update


On 1 April 2016, Energy, Environment & Agriculture Partner, Melanie Findlay wrote of concerns with the wording of “related persons” in the draft Environmental Protection (Chain of Responsibility) Amendment Bill 2016. "What do the proposed Environmental Protection Bill changes mean to landowners?"

Melanie recently spoke at the Infrastructure, Planning and Natural Resources Committee's examination of the Mineral and Other Legislation Amendment Bill 2016. The transcript of proceedings has since been released.

The Environmental Protection (Chain of Responsibility) Amendment Bill 2016 Report  from the Parliamentary Committee concerning examination of the Bill was tabled on the 15 April 2016.

From this report it is clear the committee has noticed that there are severe drafting problems in regard to the width of the definition of “related persons”. They acknowledge that it is undesirable to have an owner of land covered by the new legislation and have recommended to the House that subsection 363AB(1)(b) in clause 7 be omitted from the Bill.

We will advise if the House follows this recommendation as soon as word comes to hand.

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