Thanks for sharing.
Interesting read and I am more confident PEP-11 will be approved.
Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023
Some extracts below
'In his second reading speech to explain and describe his Private Member's Bill that he was putting forward, the Member for Pittwater made two important declarations about his Bill – that it was driven by politics and that it was intended to tackle one particular petroleum exploration project known as “PEP-11”. I commend the Member for his honesty, but also caution that those two qualities rarely make for good legislation.'
In short, based on a variety of legal advice received by the Committee, the constitutional conflict rises from the moment of the second reading speech for the Bill. Concerningly, the Bill also jeopardises the Offshore Constitutional Settlement. This is a Commonwealth-State settlement agreement that has been in place for more than 40 years and affects the interactions of each State of Australia and the Commonwealth Government when it comes to the waters off the coast of Australia. It is for these reasons that the Committee has recommended that the Bill should not be supported.'
'That the Legislative Assembly not pass the Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023.'
'Proposed section 10.17(1)(b) of the Environmental Planning and Assessment Act 1979 may be constitutionally invalid to the extent that 'relevant development' is defined to include activities 'in the offshore area of the state.' The proposed section may be invalid for reasons of intergovernmental immunity and constitutional inconsistency.'
'The Bill's prohibition of pipeline licences in NSW coastal waters would undermine the broader intent of the jurisdiction-sharing arrangements under the Offshore Constitutional Settlement and may have unintended consequences for these arrangements.'
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