TAS Bill Proposes Changes to Climate Change Legislation

Tuesday 21 December 2021 @ 2.40 p.m. | Legal Research

The Climate Change (State Action) Amendment Bill 2021 (Tas) (“the Bill), was introduced to Tasmania’s House of Assembly on 24 November 2021 by Minister for Climate Change Roger Jaensch.

The Bill is currently still before the Assembly. The Bill was first released as a Draft for public consultation, prior to its introduction into the Assembly.

About the Bill

As outlined in the Bill’s Fact Sheet, the purpose of the Bill is to:

“… strengthen the Act[, the Climate Change (State Action) Act 2008 (Tas),] in response to the recommendations of the independent review”.

Some of the amendments proposed by the Bill, as summarised by the Fact Sheet, include:

  • “consolidating the existing 10 objects of the Act into five objects to clarify the purpose of the Act;
  • strengthen[ing] Tasmania’s emissions reduction target by establishing a state-wide target of net zero emissions from 30 June 2030. Detailed emissions and economic modelling commissioned by the Tasmanian Government demonstrates that this target is achievable and that actions taken to achieve the target can also grow Tasmania’s economy;
  • establish[ing] a requirement for the preparation of a climate change action plan every five years, including in easily accessible formats for a wide range of audiences, such as children and young people”.

The Bill proposes amendments to the following Tasmanian legislation:

  • the Climate Change (State Action) Act 2008 (Tas); and
  • the Climate Change (Greenhouse Gas Emissions) Regulations 2012 (Tas).

The Independent Review

Subsection 18(1) of the Climate Change (State Action) Act 2008 (Tas) requires an independent review of its operation every four years. The latest review conducted made seven recommendations to amend the Act. All seven recommendations were accepted by the Government, either in full or in-principle.

The independent review was conducted by consultation with business, industry and the community, with over 200 people participating in workshops with some 54 written submissions being received. A key focus of the Review was consultation on options to revise Tasmania’s emissions reduction target.

Government’s Response to the Review

The following seven recommendations were made in the final report of the review, and all recommendations were either supported in full or in principle by the Government:

  • "Amend the Act to legislate an emissions reduction target of net zero emissions from 2030 – the Tasmanian Government response was to Support this recommendation;
  • Amend the Act to consolidate the existing objects of the Act around five themes - the Tasmanian Government response was to Support this recommendation;
  • Amend the Act to include a set of principles to guide climate action - the Tasmanian Government response was to Support In Principal this recommendation;
  • Amend the Act to include the consideration of climate change in the development of relevant government policies, plans and strategies - the Tasmanian Government response was to Support In Principal this recommendation;
  • Amend the Act to make the development of a Climate Action Plan a statutory requirement the Tasmanian Government response was to Support this recommendation - the Tasmanian Government response was to Support this recommendation;
  • Amend the Act to require a five-yearly statewide climate risk assessment to be completed - the Tasmanian Government response was to Support this recommendation;
  • Amend the Act to include the completion of sector-based Decarbonisation and Resilience Plans - the Tasmanian Government response was to Support this recommendation."

Reaction to the Bill

The Minister commented in his second reading speech:

“The Bill legislates a state-wide target of net zero emissions from 2030. This will be the most ambitious emissions reduction target in Australia, and one of the most ambitious in the world. A whole-of-economy target provides a flexible approach that recognises different sectors have different opportunities to reduce their emissions, and some will require more time, support and technology than others to transition to a low emissions future.”

In their submissions on the Draft Bill, the Commissioner for Children and Young People Tasmania, commented [at page 6]:

“The Bill as currently drafted fails to acknowledge the burden posed by climate change on children and young people and future generations, nor does it reflect their right to be heard and to participate in decision-making processes for climate policy.”

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