Wednesday, 17 August 2022

Energy Legislation Amendment (Transition from Coal) Bill 2022

Statement of compatibility

Dr RATNAM (Northern Metropolitan) (10:03): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this statement of compatibility with respect to the Energy Legislation Amendment (Transition from Coal) Bill 2022.

In my opinion, the bill, as introduced to the Legislative Council, is compatible with, promotes, and strengthens, the human rights protected by the Charter.

I base my opinion on the reasons outlined in this statement

Overview of bill

The purposes of this bill are to to amend the Environment Protection Act 2017 to prohibit the issue of licences to engage in thermal coal activity and revoke authorisations to engage in thermal coal activity under a licence; and to amend the Renewable Energy (Jobs and Investment) Act 2017 to increase the state renewable energy target to 100% by 2030.

Human rights issues

In my opinion, the human rights protected by the Charter that are relevant to the bill are:

• The right to life (section 9)

• Property rights (section 20)

The right to life (section 9)

Section 9 of the Charter provides that every person has the right to life and has the right not to be arbitrarily deprived of life.

Climate change poses a real and present threat to life in Victoria. Lives are already being tragically lost in climate-fuelled extreme weather events including fires, floods and heat waves. Without urgent action to eliminate greenhouse gas pollution, Victoria faces catastrophic warming of up to 3–4 degrees celsius. These temperatures would cause extensive loss of life.

By setting a legislated end date to coal burning in Victoria, our state’s single biggest source of greenhouse gas emissions and climate pollution, this Bill promotes the right to life by limiting future catastrophic warming and its consequences.

Property rights (section 20)

Section 20 of the Charter provides that a person must not be deprived of his or her property other than in accordance with law.

By ending greenhouse gas emissions from coal burning at 2030, this Bill promotes the right to property by reducing the impacts of increasing global temperatures and extreme weather events on property.

By preventing coal burning after 2030, this Bill may impact licences of energy companies to mine and burn coal, which are a form of property. However, to the extent that the Bill may cause a deprivation of property, I consider that any deprivation is permitted because it is expressly and clearly authorised by the Bill.

For these reasons I consider that the Bill is compatible with the Charter.

Second reading

Dr RATNAM (Northern Metropolitan) (10:03): I move:

That the bill be now read a second time.

The climate crisis is here, right now.

Europe is experiencing a summer of deadly heatwaves and crippling droughts.

Rivers in France are drying up.

In India, temperatures have soared to a scorching 49 degrees Celsius.

Flooding in Bangladesh has caused hundreds of tragic deaths.

The US is on fire at a scale never seen before.

And closer to home, parts of New South Wales are under water, again.

All of this is what the world is experiencing in one year, at ‘just’ one degree of warming.

Yet the world is on track to heat by 3 to 4 degrees Celsius.

This would be nothing short of catastrophic.

While the climate crisis is truly terrifying, there is also hope.

The problem we face is known.

The solutions and technologies we need already exist.

What we need is leadership.

Burning coal and gas is the single biggest cause of the climate crisis.

Here in Victoria, we still get two-thirds of our electricity from burning the world’s most polluting coal, brown coal, in the Latrobe Valley.

Coal is our state’s single biggest source of climate pollution.

Leadership on climate means ending coal and replacing it with clean, renewable energy.

On behalf of the Greens, I’m proud to introduce this bill today to do exactly that.

This bill sets a certain end date for coal burning in Victoria of 2030. It amends the Environment Protection Act 2017 such that all existing thermal coal activity will cease by 2030, and no new thermal coal activity can occur after this point.

The bill defines ‘thermal coal activity’ as establishing, expanding, operating or modifying a coalmine or a coal-fired power station. Handling, stockpiling, processing or transporting coal is also captured by the definition, as is using coal for making hydrogen. The reality is coal has to stay in the ground from 2030.

The bill provides that where the Environment Protection Authority has given a licence for thermal coal activity past 2030, such a licence will be revoked. From an abundance of caution the bill also provides no compensation is payable to anyone as a result of a licence not being given or extended or revoked.

In addition, this bill also amends the Renewable Energy (Jobs and Investment) Act 2017 to increase Victoria’s renewable energy target to 100 per cent by 2030.

I’m excited to introduce this bill today.

Victoria can and must be going further and faster on climate action, and this bill sets the legislative framework for doing so.

I’m equally excited to announce this bill alongside a comprehensive policy plan from the Greens that outlines in detail how Victoria can transition from coal to renewables by 2030.

No-one expects the Loy Yang plants to last into the 2040s, or that Yallourn will really last until 2028.

Yet by refusing to plan coal closure, Labor and the Liberals are leaving workers and the community at the mercy of corporate boardrooms and coal billionaires, who will abandon them when coal is no longer profitable.

The Greens are the only party right now being honest about the imminent closure of coal power plants.

We are the only party outlining clear closure dates, in line with climate science, that also provide much-needed certainty to workers, the community and renewable energy investors.

While the bill sets an end date for coal of 2030, our plan spells out closure dates for Victoria’s remaining coal plants: Yallourn, 2024; Loy Yang, 2027; and Loy Yang B, 2030.

The Greens are the only party with a plan to ensure coal workers and the Latrobe Valley community are supported through coal closures.

We are proposing a job guarantee for coal workers to ensure no-one is worse off as a result of taking the climate action we must.

The Greens are also proposing secure, long-term funding for an independent Latrobe Valley Authority out to 2035, to oversee a community-led economic transition for the region.

There is so much potential for the Latrobe Valley beyond coal. There are huge opportunities for new jobs in offshore wind, clean manufacturing and mine rehabilitation. The Greens plan provides the funding certainty and independence the Latrobe Valley Authority needs to realise this potential.

And when it comes to replacing coal with 100 per cent renewable energy, the great news is that it’s absolutely achievable.

Scotland has made it, so have the ACT and Tasmania. South Australia is on track to meet its renewables target of 100 per cent by 2030.

So what does Victoria need?

Right now we’re about one-third powered by renewables, and credit to the current Labor government for laying this solid foundation.

Now we need to scale up and go further and faster.

That means more rooftop solar, more solar and wind across the state, and realising the huge potential of offshore wind.

It means batteries and storage of all shapes and sizes—big batteries, community batteries, household batteries, pumped hydro and electric vehicles as batteries.

And it means upgrading our grid so it’s fit for the 21st century. We need new transmission lines, virtual power plants, micro grids and large industrial energy users balancing out our grid.

It’s critical that we bring communities on this journey with us and that we safeguard the environment along the way.

But if we can get this right, Victoria’s renewable energy transition will deliver huge benefits to all Victorians.

With a combination of private and public investment, we can begin to bring the energy system back into public hands.

We can create tens of thousands of jobs and bring down bills, all while protecting us from the climate crisis of course.

So let’s do it. Let’s replace coal, get to 100 per cent renewables and support workers and communities along the way.

I look forward to support from all representatives here when we debate this bill in September.

I commend this bill to the house.

Mr TARLAMIS (South Eastern Metropolitan) (10:09): I move:

That debate on this bill be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.