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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Liability for Climate Change Damage
(Make the Polluters Pay) Bill 2020
No. , 2020
(Mr Bandt)
A Bill for an Act to provide that major emitters of
greenhouse gases are liable for climate change
damage that occurs in Australia, and for related
purposes
No. , 2020
Liability for Climate Change Damage (Make the Polluters Pay) Bill
2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 2
5
Definition of
major emitter
................................................................ 4
6
Actions for climate change damage ................................................... 5
7
Evidentiary matters ............................................................................ 6
8
No limitations period ......................................................................... 6
9
Jurisdiction of Federal Court ............................................................. 7
10
Application of this Act ...................................................................... 7
No. , 2020
Liability for Climate Change Damage (Make the Polluters Pay) Bill
2020
1
A Bill for an Act to provide that major emitters of
1
greenhouse gases are liable for climate change
2
damage that occurs in Australia, and for related
3
purposes
4
The Parliament of Australia enacts:
5
6
1 Short title
7
This Act is the
Liability for Climate Change Damage (Make the
8
Polluters Pay) Act 2020
.
9
Section 2
2
Liability for Climate Change Damage (Make the Polluters Pay) Bill
2020
No. , 2020
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2019.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act provides a right to recover damages in relation to climate
14
change damage suffered by a person. Damages are recoverable
15
from major emitters of greenhouse gases, including fossil fuel
16
producers and the owners or operators of coal-fired power stations.
17
A major emitter is liable for the same proportion of damage as the
18
proportion of the emitter's greenhouse gas emissions to total global
19
greenhouse gas emissions.
20
4 Definitions
21
In this Act:
22
climate change
means a change of climate which is attributed
23
directly or indirectly to human activity that alters the composition
24
Section 4
No. , 2020
Liability for Climate Change Damage (Make the Polluters Pay) Bill
2020
3
of the global atmosphere and which is in addition to natural climate
1
variability observed over comparable time periods.
2
climate change damage
means any damage arising in Australia
3
from climate change, including, but not limited to, the following:
4
(a) economic loss or physical loss of property, infrastructure,
5
structures, resources or other assets;
6
(b) the costs associated with obtaining and maintaining insurance
7
reasonably required due to the risk of the losses referred to in
8
paragraph (a);
9
(c) death, injury, illness or other physical or psychological harms
10
and the costs associated with treating or caring for persons
11
suffering from them;
12
(d) damage related to ocean acidification;
13
(e) loss of land or damage to infrastructure due to rising sea
14
levels, including slow-onset loss;
15
(f) the costs of monitoring, researching and analysing the
16
climate and the weather if the costs are reasonably incurred
17
to provide information about the effects of climate change
18
and appropriate adaption measures;
19
(g) the costs of responding to emergencies arising from natural
20
disasters associated with climate change;
21
(h) the costs of constructing, renovating, repairing or improving
22
infrastructure in order to minimise further such damage and
23
costs;
24
(i) the costs of carrying out public education campaigns to
25
inform the public about reducing and avoiding such damage
26
and costs.
27
controlling corporation
has the same meaning as in the
National
28
Greenhouse and Energy Reporting Act 2007
.
29
emission
, of a greenhouse gas, means the following:
30
(a) a scope 1 emission of greenhouse gas within the meaning of
31
section 10 of the
National Greenhouse and Energy Reporting
32
Act 2007
;
33
Section 5
4
Liability for Climate Change Damage (Make the Polluters Pay) Bill
2020
No. , 2020
(b) a scope 2 emission of greenhouse gas within the meaning of
1
section 10 of the
National Greenhouse and Energy Reporting
2
Act 2007;
3
(c) a scope 3 emission of greenhouse gas for which there is an
4
emission factor listed in the National Greenhouse Accounts
5
Factors, published by the Department of Environment and
6
Energy, as in force from time to time.
7
fossil fuel
means thermal coal, oil and gas.
8
greenhouse gas
has the same meaning as in the
National
9
Greenhouse and Energy Reporting Act 2007
.
10
group
has the same meaning as in the
National Greenhouse and
11
Energy Reporting Act 2007
.
12
major emitter
: see section 5.
13
5 Definition of
major emitter
14
(1) A person is a
major emitter
if:
15
(a) the person is the controlling corporation of a group; and
16
(b) the group is either or both of the following:
17
(i) the producer of fossil fuels that produce carbon dioxide
18
or other greenhouse gases when used;
19
(ii) the owner or operator of one or more coal-fired power
20
stations that cause the discharge of carbon dioxide or
21
other greenhouse gases into the atmosphere; and
22
(c) the total greenhouse gas emissions from:
23
(i) the use of the fossil fuel produced by the group, whether
24
or not the group used the fuel itself, as well as emissions
25
from any of the fuel used in the production process; or
26
(ii) the use of coal burnt for the electricity produced by any
27
power stations owned or operated by the group, as well
28
as emissions from any of the coal burnt to power those
29
stations;
30
are greater than 1 million tonnes in any 12 month period that
31
begins on or after 1 September 1990;
and
32
Section 6
No. , 2020
Liability for Climate Change Damage (Make the Polluters Pay) Bill
2020
5
(d) either or both of the following apply:
1
(i) the person is a company (within the meaning of the
2
Corporations Act 2001
);
3
(ii) the person is a body corporate incorporated in Australia.
4
(2) A major emitter is only responsible for the greenhouse gas
5
emissions made by the emitter's group on or after the earlier of the
6
following:
7
(a) 1 September 1990;
8
(b) the day the major emitter knew, or ought to have known, that
9
the group's production of fossil fuels (as referred to in
10
subparagraph 5(1)(b)(i)), or owning or operating coal-fired
11
power stations (as referred to in subparagraph 5(1)(b)(ii))
12
would contribute to climate change.
13
6 Actions for climate change damage
14
(1) A person may bring an action on or after 1 July 2019 against a
15
major emitter for climate change damage suffered by the person.
16
(2) The Attorney-General of the Commonwealth, or of a State or
17
Territory, may bring an action under subsection (1) on behalf of a
18
person or persons.
19
(3) The relief that a court may grant in an action for climate change
20
damage includes an injunction (subject to such terms (if any) as the
21
court thinks fit, including terms that require a major emitter to
22
reduce or cease activities that may cause climate change damage in
23
the future) and damages.
24
(4) In determining the amount of damages, the court may assume the
25
major emitter's share of the climate change damage is at least the
26
same as the major emitter's share (based on the greenhouse gas
27
emissions for which the emitter is responsible under
28
subsection 5(2)) of total global greenhouse gas emissions.
29
(5) Nothing in subsection (4) limits the court's ability to determine that
30
a major emitter is jointly and severally liable for the entirety of the
31
damage.
32
Section 7
6
Liability for Climate Change Damage (Make the Polluters Pay) Bill
2020
No. , 2020
(6) Subsection (1) applies regardless of whether the group's
1
production of fossil fuels (as referred to in
2
subparagraph 5(1)(b)(i)), or owning or operating coal-fired power
3
stations (as referred to in subparagraph 5(1)(b)(ii)), was required or
4
authorised by law.
5
7 Evidentiary matters
6
(1) In determining whether a major emitter is liable for climate change
7
damage under section 6, evidence that the major emitter's group
8
has produced greenhouse gas emissions of the magnitude
9
mentioned in paragraph 5(1)(c) is sufficient to demonstrate, on the
10
balance of probabilities, that the major emitter has contributed to
11
the climate change damage.
12
(2) In determining whether particular damage constitutes climate
13
change damage, the court may have regard to any of the following:
14
(a) scientific or statistical information or modelling;
15
(b) historical experience;
16
(c) information derived from relevant studies, including
17
information derived from sampling.
18
(3) In determining whether a particular weather event was caused by
19
climate change, evidence that:
20
(a) climate change has increased the likelihood of that type of
21
event occurring; or
22
(b) climate change has increased the likelihood that type of
23
weather event will be more severe when it occurs and the
24
particular weather event is of that severity;
25
is sufficient to demonstrate, on the balance of probabilities, that the
26
event was caused by climate change.
27
8 No limitations period
28
Any statute of limitations that may otherwise apply in relation to
29
an action under section 6 has no effect in relation to that action.
30
Section 9
No. , 2020
Liability for Climate Change Damage (Make the Polluters Pay) Bill
2020
7
9 Jurisdiction of Federal Court
1
Jurisdiction is conferred on the Federal Court of Australia with
2
respect to actions under section 6.
3
10 Application of this Act
4
(1) This Act applies in relation to climate change damage suffered on
5
or after the commencement of this Act, whether or not the
6
greenhouse gas emissions that caused that damage occurred before,
7
on or after the commencement of this Act.
8
Note:
Under subsection 5(2) a major emitter is generally only responsible
9
for greenhouse gas emissions occurring on or after 1 September 1990.
10
(2) This Act is not intended to exclude or limit the operation of the
11
general law or a law of a State or Territory that is capable of
12
operating concurrently with this Act.
13