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Supplementary Order Paper No 281

No 281

House of Representatives

Supplementary Order Paper

Tuesday, 4 April 2017

Resource Legislation Amendment Bill

Proposed amendments

Marama Fox, in Committee, to move the following amendments:

Clause 26

In clause 26, delete subclause (1AC), (page 31, line 27 to page 33, line 3).

Clause 105

In clause 105, replace the heading to new section 360D (page 84, line 10) with “Regulations that prohibit or remove certain rules”.

In clause 105, replace new section 360D(1) (page 84, lines 11 to 14) with:

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister but subject to subsection (1A), make regulations to prohibit or remove specified rules or types of rules that would duplicate, overlap with, or deal with the same subject matter that is included in other legislation.

(1A)

Subsection (1) does not apply to rules or types of rules that regulate the growing of crops that are genetically modified organisms.

(1B)

In subsection (1A), genetically modified organisms has the meaning given in section 2(1) of the Hazardous Substances and New Organisms Act 1996.

Explanatory note

This Supplementary Order Paper amends the Resource Legislation Amendment Bill.

Clause 26 is amended by deleting the new provisions of section 43A that would, subject to certain conditions, enable an activity involving a hazardous substance or new organism to be classified as a permitted activity by a national environmental standard.

In clause 105, the heading to new section 360D is amended to reflect the amendments to that section.

Clause 105, new section 360D, introduces a new regulation-making power that enables the Minister to prohibit or remove rules or types of rules that duplicate, overlap, or deal with the same subject matter that is included in other legislation. New subsection (1A), inserted by this Supplementary Order paper, excludes the power to prohibit or remove rules or types of rules if they regulate the growing of crops that are genetically modified organisms.

The insertion of new subsection (1B) ensures that the term genetically modified organisms is defined in the same way as that term is defined in the Hazardous Substances and New Organisms Act 1996.