Avoiding Dangerous Climate Change (Kyoto Protocol Ratification) Bill 2005
A Bill for an Act to ratify the Kyoto Protocol to the United Nations Framework Convention on Climate Change
Part 1 -- Preliminary
1 Short title
This Act may be cited as the Avoiding Dangerous Climate Change (Kyoto Protocol Ratification) Act 2005.
This Act commences 30 days after the day on which it receives the Royal Assent.
3 Object of the Act
The object of this act is to enable Australia to meet its international obligations under the Convention and the Protocol.
In this Act, unless the contrary intention appears:
commitment period means the period from 1 January 2008 to 31 December 2012 (inclusive).
Conference of the Parties means the Conference of the Parties to the Convention.
Convention means the United Nations Framework Convention on Climate Change adopted at New York on 9 May 1992.
Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on 16 September 1987 and subsequently adjusted and amended.
Protocol means the Protocol to the United Nations Framework Convention on Climate Change adopted at Kyoto on 11 December 1997.
the Minister means the Minister for the Environment.
5 This Act binds the Crown
This Act binds the Crown in each of its capacities.
Part 2 -- Ratification and implementation
The Government of the Commonwealth of Australia must deposit its instrument of ratification of the Kyoto Protocol with the United Nations within 60 days of the commencement of the Act.
7 National Climate Change Action Plan
In order to achieve Australia's quantified emission limitation and reduction commitments under Article 3 of the Protocol, the Minister must prepare a National Climate Change Action Plan, setting out a detailed implementation strategy to meet Australia's obligations under Article 2 of the Protocol.
8 The Kyoto Target
The Minister must ensure that Australia's aggregate human induced carbon dioxide equivalent emissions of greenhouse gases listed in Annex A of the Protocol in the first Commitment period, from 2008 to 2012, do not exceed its assigned amount of 108% of 1990 levels inscribed in Annex B of the Protocol.
9 Annual Greenhouse Gas Inventory and National Communication
(1) The Minister must establish a national system for estimation of human induced emissions by sources and human induced removal by sinks of all greenhouse gases not controlled by the Montreal Protocol in accordance with Australia's obligations under Article 5 of the Protocol and accepted by the Intergovernmental Panel on Climate Change.
(2) The Minister must publish its annual inventory of greenhouse gas emissions in accordance with Australia's obligations under Article 7 of the Protocol and submit it for review by expert review teams pursuant to the relevant decisions of the Conference of Parties as set out in Article 8 of the Protocol.
(3) The Minister must also submit a National Communication in accordance with the provisions under Article 7 and subject to subsequent decisions by the Conference of the Parties.
10 Framework for involvement in international trading schemes
(1) The Minister must develop a mechanism to allow for the international transfer in emission reduction units including:
(a) the transfer or acquisition of units from or to other Parties to the Protocol that result from projects aimed at reducing human induced emissions by sources or enhancing human induced removals by sinks of greenhouse gases; and
(b) the transfer of emission reduction units under the clean development mechanisms.
(2) In doing so, the Minister must establish a registry of emission units in order to:
(a) ensure, for the first and subsequent commitment periods, the accurate accounting of:
(i) the issue, holding, acquisition, transfer, retirement, and cancellation of emission reduction units; and
(ii) the carry-over of assigned amount units, certified emission reduction units, and emission reduction units;
(b) ensure, in accordance with Article 7.4 of the Protocol, the accurate, transparent, and efficient exchange of information between the Registry and overseas registries.
In unsuccessfully attempting to bring on debate on his bill yesterday (16 Feb.), Mr Albanese stated these reasons for immeadiate action:
(1) the fact that the Kyoto Protocol comes into effect today after being ratified by 140 countries and the European Union;Just so.
(2) climate change is the number one environmental challenge facing the global community;
(3) Australia is restricted from the economic opportunities arising from the global carbon trading market;
(4) Australia will not be able to benefit from clean development mechanism provisions contained in the Protocol which are designed to encourage renewable energy projects in developing countries;
(5) as Australia is on track to meet our Kyoto target of 108% of 1990 emissions by 2012, there is no reason for Australia to remain outside the international framework;
(6) Australia's ability to influence post Kyoto agreements will be undermined by our isolationist position;
(7) international security is advanced through agreements such as the Kyoto Protocol which promote a common purpose; and
(8) climate change is the ultimate intergenerational issue. Our response will be central in determining the quality of life of our children and grandchildren.
The Opposition took every opportunity to raise the issue, including at Question Time, again as a Matter of Public Importance for a hour's discussion, in a speech by Mr Albanese in the Address-in-Reply debate in the Main Committee, and yet again in the adjournment debate, but the legislation is sadly dead.