Senate debates

Tuesday, 5 December 2023

Bills

Nature Repair Market Bill 2023, Nature Repair Market (Consequential Amendments) Bill 2023; In Committee

8:46 pm

Photo of Andrew McLachlanAndrew McLachlan (SA, Deputy-President) Share this | Hansard source

Alright. The question is that the amendments on sheet 2034, circulated by Senator Thorpe, be agreed to.

Senator Thorpe's circulated amendments—

(1) Clause 55, page 77 (line 15), before "The Minister", insert: "(1)".

(2) Clause 55, page 77 (lines 23 to 26), omit the note.

(3) Clause 55, page 77 (after line 26), at the end of the clause, add:

(2) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a direction by the Minister under subsection (1).

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

(4) Clause 65A, page 92 (line 18), before "The Minister", insert: "(1)".

(5) Clause 65A, page 92, (lines 26 to 29), omit the note.

(6) Clause 65A, page 92 (after line 29), at the end of the clause, add:

(2) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 of that Act applies to a direction by the Minister under subsection (1).

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

Question negatived.

The question now is that the amendments on sheet 2316, as circulated by Senator Thorpe, be agreed to.

Senator Thorpe's circulated amendments—

(1) Heading to clause 56, page 78 (line 3), at the end of the heading, add "—general".

(2) Page 79 (after line 7), at the end of Subdivision E, add:

56A Consultation by the Nature Repair Market Committee — Aboriginal persons and Torres Strait Islanders

The Nature Repair Market Committee must not advise the Minister whether the Minister should make or vary a methodology determination unless the Committee is satisfied that:

(a) appropriate consultation has been undertaken with any relevant local community of Aboriginal persons, or Torres Strait Islanders, in relation to the proposed determination or variation; and

(b) relevant input received as part of that consultation has been taken into account adequately.

(3) Heading to clause 65, page 91 (line 11), at the end of the heading, add "—general".

(4) Page 92 (after line 15), after clause 65, insert:

65AA Consultation by the Nature Repair Market Committee — Aboriginal persons and Torres Strait Islanders

The Nature Repair Market Committee must not advise the Minister whether the Minister should make or vary a biodiversity assessment instrument unless the Committee is satisfied that:

(a) appropriate consultation has been undertaken with any relevant local community of Aboriginal persons, or Torres Strait Islanders, in relation to the proposed instrument or variation; and

(b) relevant input received as part of that consultation has been taken into account adequately.

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