306
Appendix D Summary of Legislation, Governance, and Policy
D.1
Relevant legislation
Level of
Government
Legislation
Description/Purpose
Relevance to climate change adaptation in the Western
Region
Commonwealth
Clean Energy Act
2011
The Act sets up the carbon pricing mechanism (the mechanism) and deals with
assistance for emissions-intensive trade-exposed industries (the Jobs and
Competitiveness Program) and the coal-fired electricity generation sector. It contains
rules for who is covered, the Opt-in Scheme as well as what sources of carbon pollution
are included, the obligation to surrender emissions units, caps on the amount of carbon
pollution from 1 July 2015, international linking, monitoring, enforcement, appeal and
review provisions.
Some industries in the Western Region will need to meet
requirements under this Act.
Commonwealth
Climate Change
Authority Act 2011
Establishes the Climate Change Authority, which will begin on 1 July 2012. The Authority
will advise the Australian Government on the setting of carbon pollution caps and periodic
review of the carbon pricing mechanism and other climate change laws.
Some industries in the Western Region will need to meet
requirements under this Act.
State
Climate Change and
Greenhouse Gas
Emissions
Reductions
(CC&GER) Act 2007
Establishes commitments for the South Australian Government to put in place strategies,
including sector agreements, to address climate change. The legislation was reviewed in
2011 and found, among other things, that an increased emphasis on adaptation should
be provided. It was recommended that regulations be developed pursuant to the Act to
support the development of regional climate change adaptation plans in all State
Government regions by 2016. No regulations have been made to at July 2012.
The Barossa, Yorke and Mid North, and Eyre Peninsula Regions
have entered into regional sector agreements under the Act. The
agreements underpin adaptation planning in these regions. A
sector agreement for the Western Region would assist with
intergovernmental and cross-organisational cooperation on
adaptation.
State
Coast Protection Act
1972
Establishes the Coast Protection Board, whose duties include protection and restoration
of the coast from erosion, damage, deterioration, pollution or misuse, and to undertake
research into matters relating to the protection, restoration or development of the coast.
The Western Region includes coastline. The Coast Protection
Board has been managing Adelaide's beaches for over 30 years
to stop sand eroding and moving north along the coast. Over the
years tonnes of sand have been trucked, and more recently
pumped via pipelines, from areas in the metropolitan beach
system where it builds up (including some areas in the Western
Region, eg West Lakes Shore and Torrens Outlet ) to Adelaide’s
Southern and central beaches (including Henley Beach) which are
continually eroding.
State
Environment
Protection Act 1993
Under the EP Act, a person must not undertake an activity that pollutes, or might pollute
the environment unless all reasonable and practicable measures to prevent or minimise
environmental harm.
Many industries/businesses in the Western Region hold
environmental authorisations which include reporting requirements
to the EPA.
State
Harbors and
Navigation Act 1993
The Act provides for the administration, development and management of harbors and
provides for safe navigation in South Australian waters as well as other purposes.
Port Adelaide is defined as a Harbor under the Act and
Regulations. Part of the Port Adelaide Harbor is listed as a Port
under the Regulations. Aspects of the Act and Regulations apply
Harbors and Ports, including defining port operator
responsibilities.
