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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-29 Daily Xml
Contents
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Coast Protection (Significant Works) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:16): Obtained leave and introduced a bill for an act to amend the Coast Protection Act 1972. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:17): I move:

That this bill be now read a second time.

I am pleased to introduce the Coast Protection (Significant Works) Amendment Bill 2024. One of this government's election commitments is to introduce legislation to require an environmental impact assessment (including social and economic impacts) for major sand movement projects.

The Coast Protection Board is empowered under the Coast Protection Act 1972 to execute works to implement an approved management plan and to remove sand and other material from one part of the coast to another part of the coast for the purpose of protecting, restoring and developing the coast or any part of the coast.

Sandy beaches are naturally dynamic systems and sometimes require active intervention to ensure public safety or maintain amenity. In particular, regular beach replenishment activities—that is, importing sand or moving sand from one part of a beach system to another—play a critically important role in maintaining beach amenity and addressing storm damage. However, in the past some of these activities have caused concern regarding the economic, environmental and social impacts of the works. To ensure these concerns can be properly considered and the potential impacts of sand management activities are transparent the government is introducing the Coast Protection (Significant Works) Amendment Bill 2024.

This bill will deliver on the government's election commitment to ensure that the assessment of the environmental, social and economic effects of significant sand works are identified, managed and mitigated in consultation with the community, councils and other stakeholders. The bill will enable discretion for the Minister for Climate, Environment and Water to:

direct the Coast Protection Board to prepare an environmental impact assessment report (EIA report) to consider and address anticipated effects of works if the minister determines that the works are significant and that the anticipated effects of the works have not been adequately taken into account;

direct the Coast Protection Board to take appropriate action in relation to the works to avoid, mitigate or satisfactorily manage and control any potentially adverse effects of the works on the environment or any matter that may be directly relevant to a specially protected area or resource.

An environmental impact assessment report relating to works must include:

a detailed description of the works;

a statement on the expected environmental, social and economic effects of the works;

a statement on the means by which any real or potential adverse effects of the work may be avoided, mitigated or managed;

if the works are within or relate to a specially protected area or resource, a statement on the extent to which the manner of undertaking the works and the expected effects of the works are consistent with the management and preservation of the specially protected area or resource;

the board's commitment to meet conditions, if any, that should be observed in order to avoid, mitigate or satisfactorily manage and control any potentially adverse effects of the work on the environment or any matter that may be directly relevant to a specially protected area or resource; and

any other particulars in relation to the works required by the minister.

After an EIA report is received, it must be referred to specified councils and stakeholders for consultation. The minister may also refer the EIA report to such other authorities or bodies as the minister thinks fit for comment within the consultation period. The minister must give the board copies of all submissions made to the minister under subsections (2), (3) and (4) and give the board an opportunity to respond to the minister about those submissions. The minister may then direct the board to take such action in respect of the works as the minister considers appropriate.

This bill is intended to address concerns about scheduled operational sand management activities. In circumstances of urgent necessity, the capacity of the Coast Protection Board to respond quickly to repair or restore damage to the coast from storm pollution remains unaffected by this bill.

A transitional provision will ensure that amendments to the Coast Protection Act 1972 made by this bill apply only to works commenced after the act comes into operation. The government commends the bill to the chamber and I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

Part 2—Amendment of Coast Protection Act 1972

2—Amendment of section 4—Interpretation

This clause inserts a definition of EIA report for the purposes of the measure.

3—Insertion of Part 5

This clause inserts new Part 5 relating to significant works as follows:

Part 5—Significant Works

26—Application of Part

Proposed new section 26 provides that new Part 5 will apply in respect of works authorised to be undertaken by the Board under section 21(1) or 21A of the principal Act.

27—Assessment of works

Proposed new section 27 provides that the Minister may direct the Board to prepare an Environmental Impact Assessment report on works to which the new Part applies if the Minister is of the opinion that the works (or the effects of the works) are of significant social, economic or environmental importance and that the works or their effects (as the case requires) have not adequately been taken into account.

28—Environmental Impact Assessment process

Proposed new section 28 provides for the information that must be included in an EIA report and for consultation on the submitted report. The Minister must give the Board copies of all submissions made to the Minister as part of the consultation and give the Board opportunity to respond to the Minister about those submissions.

28A—Minister may take action in respect of works

Proposed new section 28A provides that the Minister may, on completion of the process under section 28 in respect of works and taking into account all submissions made to the Minister under that section, direct the Board to take such action in respect of the works as the Minister considers appropriate in the circumstances.

Schedule 1—Transitional provision

1—Transitional provision

This clause provides that the amendments to the Coast Protection Act 1972 made by this Act apply only to works commenced after this Act comes into operation.

Debate adjourned on motion of Hon. B.R. Hood.

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