KEY LEGISLATION FOR CLIMATE CHANGE

International | Commonwealth | State | Additional Resources

At present, Local Governments face few statutory obligations to address climate change. Legal instruments are largely comprised of provisions for energy supply, environment and biodiversity conservation, environmental planning policies and water management. Links to legislation for climate change are provided below. For more detailed regulations see Step 6 Action Planning. International Kyoto Protocol www.unfccc.int/kyoto_protocol/items/2830.php The Kyoto Protocol is a legally binding international agreement linked to the United Nations Framework Convention on Climate Change. The protocol came into force from February 16, 2005. Australia ratified the protocol in 2007. The protocol sets binding targets for reducing greenhouse gas emissions and is also designed to help countries adapt to the impacts of climate change. Documentation is available from this webpage. Commonwealth Carbon Pollution Reduction Scheme Draft Legislation www.climatechange.gov.au/emissionstrading/legislation/index.html The following draft legislation for the Carbon Pollution Reduction Scheme was released on 10 March 2009: Carbon Pollution Reduction Scheme Bill 2009 www.climatechange.gov.au/emissionstrading/legislation/index.html A Bill for an Act to reduce pollution caused by emissions of carbon dioxide and other greenhouse gases, and for other purposes. Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 www.climatechange.gov.au/emissionstrading/legislation/index.html A Bill for an Act to deal with consequential matters arising from the enactment of the Carbon Pollution Reduction Scheme Act 2009, and for other purposes. Australian Climate Change Regulatory Authority Bill 2009 www.climatechange.gov.au/emissionstrading/legislation/index.html A Bill for an Act to establish the Australian Climate Change Regulatory Authority, and for other Purposes. Carbon Pollution Reduction Scheme (Charges—General) Bill 2009 www.climatechange.gov.au/emissionstrading/legislation/index.html A Bill for an Act to impose charges for the issue of Australian emissions units under the Carbon Pollution Reduction Scheme Act 2009, so far as those charges are neither duties of customs nor duties of excise. Carbon Pollution Reduction Scheme (Charges—Excise) Bill 2009 www.climatechange.gov.au/emissionstrading/legislation/index.html A Bill for an Act to impose charges for the issue of Australian emissions units under the Carbon Pollution Reduction Scheme Act 2009, so far as those charges are duties of excise. Carbon Pollution Reduction Scheme (Charges—Customs) Bill 2009 www.climatechange.gov.au/emissionstrading/legislation/index.html A Bill for an Act to impose charges for the issue of Australian emissions units under the Carbon Pollution Reduction Scheme Act 2009, so far as those charges are duties of customs. National Greenhouse and Energy Reporting Act 2007 www.comlaw.gov.au/ The National Greenhouse and Energy Reporting Act 2007 (Cth) (NGER Act) requires corporations and facilities that emit greenhouse gases above a certain threshold to report their emissions, energy usage and consumption, including some Local Governments. Renewable Energy (Electricity) Act 2000 www.comlaw.gov.au/ The Renewable Energy (Electricity) Act 2000 encourages additional electricity generation from renewable sources by placing a legal liability on the wholesale purchasers of electricity. Liable parties must surrender an annual quota of Renewable Energy Certificates (RECs) each year, which are created by accredited renewable energy generators. This Act sets the framework for the Mandatory Renewable Energy Targets (MRET), which must be achieved over the period 2001 to 2020. The legislation is supported by the regulations. A review of the MRET led to the Renewable Energy (Electricity) Amendment Act 2006. Details of amendments can be found on the Office of the Renewable Energy Regulator website: www.orer.gov.au/legislation/index.html. Renewable Energy (Electricity) Regulations 2001 www.comlaw.gov.au The Renewable Energy (Electricity) Regulations 2001 support the Renewable Energy (Electricity) Act 2001 with detailed rules on a range of issues, including additional eligibility criteria for renewable energy sources, accreditation of power stations, eligibility requirements for solar water heaters and small generator units. Amendments to the Renewable Energy (Electricity) Regulations 2001 were made in 2006 and 2007. Details of amendments are found on the Office of the Renewable Energy Regulator website: www.orer.gov.au/legislation/index.html. Renewable Energy (Electricity) (Charge) Act 2000 www.comlaw.gov.au/ The Renewable Energy (Electricity) (Charge) Act 2000 aims to increase renewable electricity generation from Australia's renewable energy sources by imposing a renewable energy certificate charge. This Act sets a non tax-deductible penalty of $40 per megawatt-hour (MWh) for retailers who fail to surrender the correct number of certificates. Energy Efficiency Opportunities Act 2006 www.comlaw.gov.au/ The Energy Efficiencies Opportunities Act 2006 encourages greater efficiency in the use of energy by large energy using businesses, and for related purposes. The Act requires large energy using business to report energy use and assess opportunities for improvements. Businesses are not required to implement the energy efficiency opportunities identified. Fringe Benefits Tax Act 1986 www.comlaw.gov.au/ The Fringe Benefits Tax Act is a tax paid on certain fringe benefits that employers provide to their employees. The current Fringe Benefits Tax system is prohibitive of positive environmental outcomes. Current legislation penalises employees who do less kilometres in their company vehicle when calculating payment for Fringe Benefits Tax liability. Under the current arrangements company vehicle users who choose to use alternative transport solutions (i.e. public transport network, bicycle, walking etc) and use their company vehicle less, thus creating less greenhouse emissions, are penalised for their commitment to reducing greenhouse emissions. Environment Protection and Biodiversity Act 1999 www.comlaw.gov.au/ The Environment Protection and Biodiversity Act is the Australian Government’s principal piece of legislation for the protection of the environment and conservation of biodiversity. Part IV of this Act establishes the legislative framework for the environmental impact assessment process. This Act gives the Commonwealth jurisdiction over development approvals that impinge upon heritage sites, national heritage places, or nationally threatened species and ecological communities. Back to top State Carbon Rights Act 2003 www.slp.wa.gov.au/Index.html The Carbon Rights Act 2003 provides for the legal recognition of carbon rights, which are created upon registration and may be transferred separately from the land in respect of which it is registered. The proprietor of a carbon right has the legal and commercial benefits and risks arising from changes to atmosphere that are caused by carbon sequestration and carbon release occurring in or on land in respect of carbon that is registered. Tree Plantations Agreements Act 2003 www.slp.wa.gov.au/Index.html The Tree Plantation Agreements Act 2003 (TPA) provides for the making and registration of tree plantation agreements. Under the TPA Act, ownership of the trees can be separated from the ownership of land. In this way, investment in tree plantations is encouraged by making an investment in trees more certain. Environmental Protection Act 1986 www.slp.wa.gov.au/Index.html The Environmental Protection Act 1986 provides for the protection, conservation and management of the environment, and for an Environmental Protection Authority. Part IV of the Act provides the legislative framework for the environmental impact assessment process. Bush Fires Act 1954 www.slp.wa.gov.au/Index.html The Western Australian Bush Fires Act provides measures for the prevention, control and extinguishment of bush fires, for the repeal of the Bush Fires Act 1937 2 and for other purposes. Emergency Management Act 2005 www.slp.wa.gov.au/Index.html The Emergency Management Act 2005 formalises the organisation and coordination of Western Australian emergency management. Back to top Additional Resources Climate Change Law for Planners, Developers, Local Government and Greenies: A Quick Stock Take and Some Ideas for the Future www.griffith.edu.au/environment-planning-architecture/urban-research-program/publications/research-papers Philippa England’s 2008 research paper provides an overview of Australian local and state government and judiciary efforts to address climate change and speculates on some policy areas awaiting further development. England proposes a principled framework through which current and future efforts are organised. The framework offers a useful guide to future development of climate change law and policy in Australia. Back to top

Authority Overview Legislation Policy Programs Reports and Research Organisations