{"id":"BILL-WA-0D30BC751C7E68A148258C7D001031A0","name":"Climate Action this Decade Bill 2025","slug":"climate-action-this-decade-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-05-01","administeringDepartment":null,"currentVersion":{"id":446162,"registerId":"BILL-WA-0D30BC751C7E68A148258C7D001031A0:current","compilationNumber":null,"startDate":"2025-05-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:35.559Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Climate Action this Decade Bill 2025\n\n17—1 page i\nWestern Australia\nClimate Action this Decade Bill 2025\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\n3. Purposes of Act 2\n4. Terms used 3\n5. Act binds Crown 5\nPart 2 — Minister’s functions\n6. Minister’s functions 6\nPart 3 — Western Australia’s\nemissions reduction targets\nDivision 1 — Emissions reduction targets\n7. Long-term emissions reduction target 7\n8. Interim emissions reduction targets 7\n9. Amending interim targets 8\n10. Targets specifically for the State Government 8\nDivision 2 — Determining net emissions\n11. Determining net emissions attributable to Western\nAustralia and to the State Government 9\nPart 4 — Emissions reduction\nstrategy\n12. Minister to prepare emissions reduction strategy 11\n13. Purpose and content 11\n14. Review 12\n15. Public consultation 13\n\nClimate Action this Decade Bill 2025\nContents\npage ii\nPart 5 — Climate adaptation strategy\n16. Minister to prepare climate adaptation strategy 14\n17. Purpose and content 14\n18. Review 15\n19. Public consultation 16\nPart 6 — Sector adaptation plans\n20. Purpose and content 17\n21. Responsibility for sector adaptation plans 17\n22. Responsible Minister to prepare sector adaptation\nplan 18\n23. Review 19\n24. Public consultation 19\nPart 7 — Annual climate change\nreport\n25. Annual climate change report 21\nPart 8 — Miscellaneous\n26. Regulations 22\n27. Review of Act 22\nDefined terms\n\npage 1\nWestern Australia\nLEGISLATIVE COUNCIL\n(Introduced by Hon. Dr. Brad Pettitt, MLC)\nClimate Action this Decade Bill 2025\nA Bill for\nAn Act —\n• to support the reduction of greenhouse gas emissions attributable\nto Western Australia; and\n• to provide for Western Australia’s greenhouse gas emissions\nreduction targets; and\n• to provide for an emissions reduction strategy, a climate\nadaptation strategy and sector adaptation plans; and\n• to provide for annual reporting to the Parliament; and\n• for related purposes.\nThe Parliament of Western Australia enacts as follows:\n\nClimate Action this Decade Bill 2025\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Climate Action this Decade Act 2025.3\n2. Commencement4\nThis Act comes into operation on the day on which it receives5\nthe Royal Assent.6\n3. Purposes of Act7\nThe purposes of this Act are as follows —8\n(a) to ensure that Western Australia contributes to global9\nefforts to reduce greenhouse gas emissions in alignment10\nwith the Paris Agreement;11\n(b) to provide for Western Australia’s emissions reduction12\ntargets;13\n(c) to support the reduction of net emissions attributable to14\nWestern Australia consistently with those targets and the15\nmitigation hierarchy;16\n(d) to provide a legislative framework that —17\n(i) promotes transparency and accountability; and18\n(ii) provides certainty for business; and19\n(iii) encourages investment in the industries,20\ninfrastructure, technologies and skills required21\nfor the transition to net zero emissions; and22\n(iv) supports an orderly transition to net zero23\nemissions;24\n(e) to ensure that Western Australia takes steps to identify25\nand manage the impacts of climate change on Western26\nAustralia’s communities, the environment and the27\neconomy;28\n\nClimate Action this Decade Bill 2025\nPreliminary Part 1\ns. 4\npage 3\n(f) to ensure that the Parliament and the community of1\nWestern Australia are informed about Western2\nAustralia’s progress in achieving its emissions reduction3\ntargets and in responding to the impacts of climate4\nchange.5\n4. Terms used6\n(1) In this Act —7\neligible offset means —8\n(a) for the purpose of determining net emissions attributable9\nto Western Australia — an offset prescribed for that10\npurpose; and11\n(b) for the purpose of determining net emissions attributable12\nto the State Government — an offset prescribed for that13\npurpose;14\nemissions means emissions of greenhouse gases into the15\natmosphere;16\ngreenhouse gas has the meaning given in the National17\nGreenhouse and Energy Reporting Act 2007 (Commonwealth)18\nsection 7A;19\nGTE means a body corporate established under 1 of the20\nfollowing —21\n(a) the Electricity Corporations Act 2005 section 4;22\n(b) the Port Authorities Act 1999 section 4;23\n(c) the Water Corporations Act 1995 section 4;24\n(d) the Western Australian Land Authority Act 199225\nsection 5;26\nmitigation hierarchy means the preferences for —27\n(a) reducing emissions over relying on removals; and28\n(b) offsetting emissions only as a last resort;29\n\nClimate Action this Decade Bill 2025\nPart 1 Preliminary\ns. 4\npage 4\nParis Agreement means the Paris Agreement, done at Paris on1\n12 December 2015, as amended and in force for Australia from2\ntime to time;3\nNote for this definition:4\nThe Agreement is in Australian Treaty Series 2016 No. 24 ([2016]5\nATS 24) and could in 2023 be viewed in the Australian Treaties Library6\non the AustLII website <http://www.austlii.edu.au>.7\nprescribed means prescribed by regulations made under this8\nAct;9\npublicly available, in relation to making a strategy, plan or10\nreport publicly available, includes it being publicly available on11\na website of the department of the Public Service principally12\nassisting the Minister in the administration of this Act;13\nremovals means removals of greenhouse gases from the14\natmosphere;15\nState entity means a body, whether incorporated or not, that is16\nestablished or continued for a public purpose under a written17\nlaw;18\nState Government means —19\n(a) each department of the Public Service; and20\n(b) each GTE; and21\n(c) each State entity that is declared by the Minister, by22\nnotice published in the Gazette, to be a part of the State23\nGovernment for the purposes of this Act;24\nWestern Australia’s emissions reduction targets means the25\nemissions reduction targets under sections 7 to 10;26\nyear has a meaning affected by subsection (2).27\n(2) A reference in this Act to a year is a reference to a financial28\nyear, and a reference to a particular year is a reference to the29\nfinancial year ending in that year.30\nExample for this subsection:31\nA reference to 2035 is a reference to the financial year ending on32\n30 June 2035.33\n\nClimate Action this Decade Bill 2025\nPreliminary Part 1\ns. 5\npage 5\n5. Act binds Crown1\nThis Act binds the Crown in right of Western Australia and, so2\nfar as the legislative power of the Parliament permits, the Crown3\nin all its other capacities.4\n\nClimate Action this Decade Bill 2025\nPart 2 Minister’s functions\ns. 6\npage 6\nPart 2 — Minister’s functions1\n6. Minister’s functions2\nThe functions of the Minister are, in addition to the other3\nfunctions conferred on the Minister by this Act, as follows —4\n(a) to promote action to meet Western Australia’s emissions5\nreduction targets;6\n(b) to develop, adopt and promote policies, programs and7\nmeasures that support the reduction of net emissions8\nattributable to Western Australia consistently with9\nWestern Australia’s emissions reduction targets and the10\nmitigation hierarchy;11\n(c) to assess the impacts of climate change on Western12\nAustralia;13\n(d) to develop, adopt and promote policies, programs and14\nmeasures that address, and support adaptation to, the15\nimpacts of climate change;16\n(e) to regularly review issues relating to mitigation of, and17\nadaptation to the impacts of, climate change;18\n(f) to promote Western Australia’s involvement in State,19\nnational and international climate change forums;20\n(g) any prescribed function.21\n\nClimate Action this Decade Bill 2025\nWestern Australia’s emissions reduction targets Part 3\nEmissions reduction targets Division 1\ns. 7\npage 7\nPart 3 — Western Australia’s emissions reduction1\ntargets2\nDivision 1 — Emissions reduction targets3\nNote for this Division:4\nAchieving an emissions reduction target involves reducing net5\nemissions to a level that is at or below the target. Accordingly, this Act6\ndoes not limit the ability to meet a target by exceeding it.7\n7. Long-term emissions reduction target8\nWestern Australia’s long-term emissions reduction target is to9\nreduce net emissions attributable to Western Australia to zero10\nby 2050.11\n8. Interim emissions reduction targets12\n(1) Western Australia’s interim emissions reduction targets are to13\nreduce net emissions attributable to Western Australia to the14\ninterim targets set by the Minister for each of 2030, 2035, 2040,15\n2045 and 2050 (the target years).16\n(2) The Minister must, by notice published in the Gazette, set an17\ninterim target for a target year as soon as practicable after the18\nCommonwealth communicates Australia’s nationally19\ndetermined contribution for the year in accordance with20\nArticle 4.9 of the Paris Agreement.21\n(3) The interim target for a target year must include —22\n(a) other than for 2050 — the extent (as a percentage) to23\nwhich net emissions attributable to Western Australia24\nfor the year are to be reduced in relation to net emissions25\nattributable to Western Australia for 2005; and26\n(b) an emissions budget comprising the total net emissions27\nattributable to Western Australia for the period covered28\nby the year and the 4 preceding years; and29\n\nClimate Action this Decade Bill 2025\nPart 3 Western Australia’s emissions reduction targets\nDivision 1 Emissions reduction targets\ns. 9\npage 8\n(c) the extent to which eligible offsets can be taken into1\naccount in determining net emissions attributable to2\nWestern Australia for the purposes of this Act.3\n(4) The Minister must, in setting the extent to which eligible offsets4\ncan be taken into account under subsection (3)(c), take into5\naccount the mitigation hierarchy.6\n(5) An interim target may be expressed as a range.7\n(6) The Minister must, in setting an interim target, be satisfied that8\nthe target represents a progression beyond any previous interim9\ntarget.10\n(7) The Minister must, as soon as practicable after setting an11\ninterim target, ensure that a copy of the notice by which the12\ntarget is set is laid before each House of Parliament.13\n9. Amending interim targets14\n(1) The Minister may, by notice published in the Gazette, amend an15\ninterim target if satisfied that there are exceptional16\ncircumstances that justify the amendment.17\n(2) If the Minister amends an interim target, the Minister must, as18\nsoon as practicable, ensure that a copy of the notice by which19\nthe target is amended, together with a statement of reasons as to20\nwhy the amendment has been made, are laid before each House21\nof Parliament.22\n10. Targets specifically for the State Government23\n(1) The State Government’s long-term emissions reduction target is24\nto reduce net emissions attributable to the State Government to25\nzero by 2050.26\n(2) The State Government’s interim emissions reduction targets are27\nto reduce net emissions attributable to the State Government to28\nthe interim Government targets set by the Minister for each of29\n2030, 2035, 2040, 2045 and 2050 (the target years).30\n\nClimate Action this Decade Bill 2025\nWestern Australia’s emissions reduction targets Part 3\nDetermining net emissions Division 2\ns. 11\npage 9\n(3) The Minister must, by notice published in the Gazette, set an1\ninterim Government target —2\n(a) for 2030 — as soon as practicable; and3\n(b) for any other target year — as soon as practicable after4\nthe Commonwealth communicates Australia’s nationally5\ndetermined contribution for the year in accordance with6\nArticle 4.9 of the Paris Agreement.7\n(4) The interim Government target for a target year must include —8\n(a) other than for 2050 — the extent (as a percentage) to9\nwhich net emissions attributable to the State10\nGovernment for the year are to be reduced in relation to11\nnet emissions attributable to the State Government12\nfor 2020; and13\n(b) other than for 2030 — an emissions budget comprising14\nthe total net emissions attributable to the State15\nGovernment for the period covered by the year and the16\n4 preceding years; and17\n(c) the extent to which eligible offsets can be taken into18\naccount in determining net emissions attributable to the19\nState Government for the purposes of this Act.20\n(5) The Minister must, in setting the extent to which eligible offsets21\ncan be taken into account under subsection (4)(c), take into22\naccount the mitigation hierarchy.23\n(6) Section 8(5) to (7) and section 9 apply for the purposes of this24\nsection as if references to an interim target were references to an25\ninterim Government target.26\nDivision 2 — Determining net emissions27\n11. Determining net emissions attributable to Western Australia28\nand to the State Government29\n(1) The Minister must, for the purposes of this Act, determine —30\n(a) net emissions attributable to Western Australia; and31\n\nClimate Action this Decade Bill 2025\nPart 3 Western Australia’s emissions reduction targets\nDivision 2 Determining net emissions\ns. 11\npage 10\n(b) net emissions attributable to the State Government.1\n(2) In determining net emissions attributable to Western Australia2\nfor a period, the Minister —3\n(a) must determine the balance of emissions and removals4\nattributable to Western Australia during the period; and5\n(b) may take into account eligible offsets, to the extent6\nconsistent with the emissions reduction target for7\nWestern Australia for the period.8\n(3) In determining net emissions attributable to the State9\nGovernment for a period, the Minister —10\n(a) must determine the emissions attributable to the State11\nGovernment during the period; and12\n(b) may take into account eligible offsets, to the extent13\nconsistent with the emissions reduction target for the14\nState Government for the period.15\n\nClimate Action this Decade Bill 2025\nEmissions reduction strategy Part 4\ns. 12\npage 11\nPart 4 — Emissions reduction strategy1\n12. Minister to prepare emissions reduction strategy2\n(1) The Minister must prepare an emissions reduction strategy3\nbefore the 3rd anniversary of the day on which this Act comes4\ninto operation, and may amend or replace it.5\n(2) The Minister must, when preparing, amending or replacing the6\nstrategy, be satisfied that it will —7\n(a) enable Western Australia’s emissions reduction targets8\nto be met; and9\n(b) support Western Australia’s transition to net zero10\nemissions.11\n(3) The Minister must, as soon as practicable after preparing,12\namending or replacing the strategy, ensure that it is laid before13\neach House of Parliament.14\n(4) The Minister need not comply with subsection (3) in relation to15\nminor or technical amendments or corrections.16\n(5) The Minister must ensure that the strategy is publicly available.17\n13. Purpose and content18\n(1) The purposes of the emissions reduction strategy are to enable19\nWestern Australia’s emissions reduction targets to be met and to20\nsupport the transition to net zero emissions and, as part of21\nthat —22\n(a) to provide a holistic and strategic response to emissions23\nreduction for Western Australia; and24\n(b) to identify feasible emissions reduction strategies and25\nmitigation options for Western Australia; and26\n(c) to identify implementation pathways for those strategies27\nand options.28\n\nClimate Action this Decade Bill 2025\nPart 4 Emissions reduction strategy\ns. 14\npage 12\n(2) The Minister must, in preparing, amending or replacing the1\nstrategy —2\n(a) consider the policies, programs and measures necessary3\nto achieve the purposes of the strategy; and4\n(b) consider the costs, benefits, timing and sequencing of5\nthose policies, programs and measures; and6\n(c) consider resource allocation for the implementation of7\nthose policies, programs and measures; and8\n(d) take into account the mitigation hierarchy; and9\n(e) aim to cover all major sources of emissions attributable10\nto Western Australia.11\n(3) Without limiting subsection (1), the strategy must set out or12\ninclude the following —13\n(a) policies, programs and measures that support the14\nreduction of net emissions attributable to Western15\nAustralia;16\n(b) responsibilities and time frames for implementing those17\npolicies, programs and measures, and related reporting18\nrequirements.19\n(4) The strategy may also include strategies for reducing emissions20\nin particular sectors of the Western Australian economy.21\n14. Review22\n(1) The Minister must review the operation and effectiveness of the23\nemissions reduction strategy within 5 years of the strategy first24\nbecoming publicly available and then at intervals of not more25\nthan 5 years.26\n(2) After completing a review, the Minister must decide —27\n(a) whether to amend or replace the strategy; or28\n(b) that the strategy need not be amended or replaced.29\n\nClimate Action this Decade Bill 2025\nEmissions reduction strategy Part 4\ns. 15\npage 13\n(3) If the Minister decides that the strategy need not be amended or1\nreplaced, the Minister must, as soon as practicable, ensure that2\nnotice of that decision is laid before each House of Parliament.3\n15. Public consultation4\n(1) When preparing or reviewing the emissions reduction strategy,5\nthe Minister must —6\n(a) consult publicly; and7\n(b) have regard to a summary of submissions received as8\npart of the consultation.9\n(2) The summary must include written submissions received as part10\nof the consultation.11","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Climate Action this Decade Bill 2025\nPart 5 Climate adaptation strategy\ns. 16\npage 14\nPart 5 — Climate adaptation strategy1\n16. Minister to prepare climate adaptation strategy2\n(1) The Minister must prepare a climate adaptation strategy before3\nthe 5th anniversary of the day on which this Act comes into4\noperation, and may amend or replace it.5\n(2) The Minister must, as soon as practicable after preparing,6\namending or replacing the strategy, ensure that it is laid before7\neach House of Parliament.8\n(3) The Minister need not comply with subsection (2) in relation to9\nminor or technical amendments or corrections.10\n(4) The Minister must ensure that the strategy is publicly available.11\n17. Purpose and content12\n(1) The purposes of the climate adaptation strategy are to assist13\nWestern Australia’s communities, environment and economy to14\nadapt to the impacts of climate change and, as part of that —15\n(a) to provide a holistic and strategic response to the16\nimpacts of climate change; and17\n(b) to identify feasible strategies and options to support18\nadapting to, and reducing vulnerability to, climate19\nchange; and20\n(c) to identify implementation pathways for those strategies21\nand options; and22\n(d) to provide a context for the sector adaptation plans.23\n(2) The Minister must, in preparing, amending or replacing the24\nstrategy —25\n(a) consider the policies, programs and measures necessary26\nto achieve the purposes of the strategy; and27\n(b) consider the costs, benefits, timing and sequencing of28\nthose policies, programs and measures; and29\n\nClimate Action this Decade Bill 2025\nClimate adaptation strategy Part 5\ns. 18\npage 15\n(c) consider resource allocation for the implementation of1\nthose policies, programs and measures; and2\n(d) consider the distribution of the effects of climate change3\nacross Western Australia’s communities and regions.4\n(3) Without limiting subsection (1), the strategy must set out or5\ninclude the following —6\n(a) a summary of the implications of climate change for7\nWestern Australia’s communities, environment and8\neconomy;9\n(b) policies, programs and measures that support the10\npurposes of the strategy;11\n(c) responsibilities and time frames for implementing those12\npolicies, programs and measures, and related reporting13\nrequirements;14\n(d) key performance indicators to enable monitoring and15\nevaluation of the effectiveness of the strategy.16\n18. Review17\n(1) The Minister must review the operation and effectiveness of the18\nclimate adaptation strategy within 5 years of the strategy first19\nbecoming publicly available and then at intervals of not more20\nthan 5 years.21\n(2) After completing a review, the Minister must decide —22\n(a) whether to amend or replace the strategy; or23\n(b) that the strategy need not be amended or replaced.24\n(3) If the Minister decides that the strategy need not be amended or25\nreplaced, the Minister must, as soon as practicable, ensure that26\nnotice of that decision is laid before each House of Parliament.27\n\nClimate Action this Decade Bill 2025\nPart 5 Climate adaptation strategy\ns. 19\npage 16\n19. Public consultation1\n(1) When preparing or reviewing the climate adaptation strategy,2\nthe Minister must —3\n(a) consult publicly; and4\n(b) have regard to a summary of submissions received as5\npart of the consultation.6\n(2) The summary must include written submissions received as part7\nof the consultation.8\n\nClimate Action this Decade Bill 2025\nSector adaptation plans Part 6\ns. 20\npage 17\nPart 6 — Sector adaptation plans1\n20. Purpose and content2\n(1) The purposes of a sector adaptation plan are, in relation to a3\nsector of the Western Australian economy —4\n(a) to increase the awareness of participants in the sector of5\nthe impacts of climate change on the sector; and6\n(b) to increase the capacity of participants in the sector to7\nmanage those impacts; and8\n(c) to facilitate collaboration between government, private9\nand community participants in the sector to identify and10\nimplement policies, programs and measures to enhance11\nthe sector’s capacity to adapt to the impacts of climate12\nchange.13\n(2) Without limiting subsection (1), a sector adaptation plan must14\nset out or include the following —15\n(a) the potential impacts of climate change on the sector;16\n(b) the likelihood, severity and potential costs of those17\nimpacts;18\n(c) policies, programs and measures that support adapting to19\nor managing those impacts;20\n(d) responsibilities and time frames for implementing those21\npolicies, programs and measures, and related reporting22\nrequirements;23\n(e) key performance indicators to enable monitoring and24\nevaluation of the effectiveness of the plan.25\n21. Responsibility for sector adaptation plans26\n(1) The Minister may nominate a Minister as the Minister27\nresponsible for the sector adaptation plan for a sector of the28\nWestern Australian economy.29\n\nClimate Action this Decade Bill 2025\nPart 6 Sector adaptation plans\ns. 22\npage 18\n(2) Without limiting subsection (1), the Minister must ensure that1\nthere is a Minister nominated for each of the following2\nsectors —3\n(a) the health and human services sector;4\n(b) the emergency management sector;5\n(c) the primary production sector;6\n(d) the infrastructure and built environment sector;7\n(e) the small and medium enterprise sector;8\n(f) the natural environment sector;9\n(g) the water security sector;10\n(h) any prescribed sector.11\n(3) The Minister must consult with the Premier before nominating a12\nMinister under this section.13\n(4) A nomination must be in writing.14\n(5) The Minister may nominate 2 or more Ministers as the15\nMinisters responsible for a sector adaptation plan and, if the16\nMinister does so, the provisions of this Part have effect17\naccordingly.18\n22. Responsible Minister to prepare sector adaptation plan19\n(1) The Minister responsible for the sector adaptation plan for a20\nsector (the responsible Minister) must prepare a sector21\nadaptation plan for the sector as soon as practicable, and may22\namend or replace it.23\n(2) The responsible Minister must, in preparing, amending or24\nreplacing the plan —25\n(a) consider the policies, programs and measures necessary26\nto achieve the purposes of the plan; and27\n(b) consider the costs, benefits, timing and sequencing of28\nthose policies, programs and measures; and29\n\nClimate Action this Decade Bill 2025\nSector adaptation plans Part 6\ns. 23\npage 19\n(c) consider resource allocation for the implementation of1\nthose policies, programs and measures; and2\n(d) consider the distribution of the effects of climate change3\nacross Western Australia’s communities and regions.4\n(3) The responsible Minister must, as soon as practicable after5\npreparing, amending or replacing the plan, ensure that it is laid6\nbefore each House of Parliament.7\n(4) The responsible Minister need not comply with subsection (3) in8\nrelation to minor or technical amendments or corrections.9\n(5) The responsible Minister must ensure that the plan is publicly10\navailable.11\n23. Review12\n(1) The Minister responsible for the sector adaptation plan for a13\nsector (the responsible Minister) must review the operation and14\neffectiveness of the plan within 5 years of the plan first15\nbecoming publicly available and then at intervals of not more16\nthan 5 years.17\n(2) After completing a review, the responsible Minister must18\ndecide —19\n(a) whether to amend or replace the plan; or20\n(b) that the plan need not be amended or replaced.21\n(3) If the responsible Minister decides that the plan need not be22\namended or replaced, the responsible Minister must, as soon as23\npracticable, ensure that notice of that decision is laid before24\neach House of Parliament.25\n24. Public consultation26\n(1) When preparing or reviewing a sector adaptation plan for a27\nsector, the Minister responsible for the plan must —28\n(a) consult publicly; and29\n\nClimate Action this Decade Bill 2025\nPart 6 Sector adaptation plans\ns. 24\npage 20\n(b) have regard to a summary of submissions received as1\npart of the consultation.2\n(2) The summary must include written submissions received as part3\nof the consultation.4\n\nClimate Action this Decade Bill 2025\nAnnual climate change report Part 7\ns. 25\npage 21\nPart 7 — Annual climate change report1\n25. Annual climate change report2\n(1) As soon as practicable after the end of each year that ends after3\n31 December 2025, and in any case within 6 months after the4\nend of the year, the Minister must —5\n(a) prepare an annual climate change report; and6\n(b) ensure that it is publicly available; and7\n(c) ensure that it is laid before each House of Parliament.8\n(2) The purpose of an annual climate change report is to inform the9\nParliament and the community of Western Australia about10\nprogress in achieving Western Australia’s emissions reduction11\ntargets.12\n(3) Without limiting subsection (2), the report must set out or13\ninclude the following —14\n(a) the Minister’s determination of the net emissions15\nattributable to Western Australia, and to the State16\nGovernment, for the most recent year for which data is17\navailable to make the determination;18\n(b) the methodology by which the Minister determined the19\nnet emissions referred to in paragraph (a), including20\nwhich eligible offsets were taken into account in making21\nthe determinations and the extent of their contribution;22\n(c) a report on progress in implementing the emissions23\nreduction strategy;24\n(d) a report on any other matter the Minister considers25\nappropriate.26\n(4) The Minister may, for the purposes of subsection (3)(a), set out27\nin a report a preliminary determination for a year and revise that28\ndetermination in a subsequent report.29\n\nClimate Action this Decade Bill 2025\nPart 8 Miscellaneous\ns. 26\npage 22\nPart 8 — Miscellaneous1\n26. Regulations2\nThe Governor may make regulations prescribing all matters that3\nare required or permitted by this Act to be prescribed, or are4\nnecessary or convenient to be prescribed for giving effect to the5\npurposes of this Act.6\n27. Review of Act7\n(1) The Minister must review the operation and effectiveness of this8\nAct, and prepare a report based on the review —9\n(a) as soon as practicable after the 5th anniversary of the day10\non which this section comes into operation; and11\n(b) after that, at intervals of not more than 5 years.12\n(2) The Minister must cause the report to be laid before each House13\nof Parliament as soon as practicable after it is prepared, but not14\nlater than 12 months after the 5th anniversary or the expiry of the15\nperiod of 5 years, as is relevant.16\n\nClimate Action this Decade Bill 2025\nDefined terms\npage 23\nDefined terms\n[This is a list of terms defined and the provisions where they are defined.\nThe list is not part of the law.]\nDefined term Provision(s)\neligible offset ................................................................................................... 4(1)\nemissions.......................................................................................................... 4(1)\ngreenhouse gas ................................................................................................. 4(1)\nGTE.................................................................................................................. 4(1)\nmitigation hierarchy ......................................................................................... 4(1)\nParis Agreement ............................................................................................... 4(1)\nprescribed ......................................................................................................... 4(1)\npublicly available ............................................................................................. 4(1)\nremovals ........................................................................................................... 4(1)\nresponsible Minister ............................................................................ 22(1), 23(1)\nState entity ....................................................................................................... 4(1)\nState Government ............................................................................................ 4(1)\ntarget years ............................................................................................ 8(1), 10(2)\nWestern Australia’s emissions reduction targets ............................................. 4(1)\nyear .................................................................................................................. 4(1)","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The text of this Bill is consistent with the Act’s stated purposes (s.3): it establishes targets, requires emission reduction and adaptation strategies, sector plans, and annual reporting. The provisions primarily implement those purposes rather than expanding the legislative scope beyond them. Features that broaden operational reach—such as separate State Government targets (s.10), the power to declare State entities part of the State Government (s.4(1)), and delegated rule‑making about eligible offsets and prescribed sectors (s.26)—are contained within the Act’s stated objectives and implementational framework rather than adding new policy aims. Therefore, based on the provided text, the scope has not significantly changed beyond the original, stated purposes of setting targets, planning and reporting."},"complexity_factors":["Moderate length: 8 substantive Parts with clear divisions (Parts 1–8).","Defined terms: ~12 defined terms in s.4 (eligible offset, emissions, greenhouse gas, GTE, mitigation hierarchy, Paris Agreement, prescribed, publicly available, removals, State entity, State Government, year).","Cross‑references to external law: relies on Commonwealth National Greenhouse and Energy Reporting Act 2007 for definition of greenhouse gas (s.4).","Ministerial discretion: multiple provisions give broad discretion to the Minister (set/ amend targets, determine net emissions, prescribe offsets) increasing conditional logic (ss.6, 8–11, 26).","Regulation dependence: several important elements are left to regulations (definition of eligible offsets, prescribed sectors, other prescribed matters) (s.4(1), s.26).","Two parallel target streams with different baselines: State targets measured to 2005; State Government targets measured to 2020 — creates additional tracking complexity (ss.8(3)(a), 10(4)(a)).","Emissions budgeting logic: interim targets must include a 5‑year emissions budget (target year plus 4 preceding years) (ss.8(3)(b), 10(4)(b)).","Review and consultation cycles: repeated review obligations (every ≤5 years) and public consultation rules across strategies, adaptation plans and the Act itself (ss.14–15, 18–19, 23–24, 27).","Amendment trigger with exception: Minister may amend interim targets only where ‘exceptional circumstances’ exist, which is subjective and adds conditionality (s.9).","Reporting requirements: annual report must include methodology and offsets used, and allows preliminary determinations to be revised — introduces iterative accounting complexity (s.25(3)–(4))."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Sets a long‑term goal for Western Australia: net emissions attributable to the State must reach zero by 2050 (s.7).\n- Requires the Minister to set interim targets for 2030, 2035, 2040, 2045 and 2050 (s.8). Each interim target must specify a percentage reduction (except 2050), an emissions budget covering the target year and the four previous years, and how much eligible offsets count toward the target (s.8(3)).\n- Creates a parallel set of targets specifically for the State Government (departments, government trading enterprises (GTEs), and any State entities declared by the Minister) with a 2050 net‑zero goal and interim Government targets (s.10).\n- Makes the Minister responsible for determining, for the law’s purposes, the net emissions attributable to Western Australia and to the State Government and for deciding how eligible offsets are counted (s.11). “Eligible offsets” are set by regulation (s.4(1)). The Minister must have regard to the mitigation hierarchy (prefer reduction over removals and offsets) when allowing offsets (s.4(1), s.8(4), s.10(5)).\n- Requires the Minister to prepare an emissions reduction strategy within three years, and sets content, review and public consultation requirements for that strategy (Parts 4, ss.12–15).\n- Requires the Minister to prepare a climate adaptation strategy within five years, with specified content, reviews and consultation (Part 5, ss.16–19).\n- Requires sector adaptation plans for specified economic sectors (health, emergency management, primary production, infrastructure and built environment, small and medium enterprises, natural environment, water security, and any prescribed sector). The Minister must nominate responsible Ministers for each sector and those Ministers must prepare the plans, review them and consult publicly (Part 6, ss.20–24).\n- Requires an annual climate change report to Parliament, including the Minister’s determinations of net emissions, the methodology used, which eligible offsets were counted and progress on implementing the emissions reduction strategy (s.25).\n- Gives the Governor regulation‑making power for matters the Act requires or permits to be prescribed (s.26) and requires statutory reviews of the Act at five‑year intervals (s.27).\n\n**Who this affects and who decides**\n\n- Decision makers: the Minister named in the Act has central powers — to set interim targets, determine net emissions and what offsets count, prepare and review strategies, and nominate Ministers responsible for sector plans (s.6, ss.8–11, ss.12–19, ss.21–24). The Governor may make regulations (s.26). Responsible Ministers for sectors draft sector plans (s.22).\n- Directly affected public bodies: State Government departments, GTEs (listed Acts) and any State entities the Minister declares to be part of the State Government are subject to the State Government targets and reporting obligations (definition of State Government at s.4(1); s.10).\n- Affected stakeholders more broadly: businesses, community organisations and local governments are not directly assigned statutory emissions limits by this Act, but they are affected indirectly through the emissions reduction strategy and sector adaptation plans which may propose or require policies, programs or regulations impacting private activity (ss.12–13, ss.20–22).\n- Who pays: costs for implementing strategies, adaptation measures and reporting fall on government budgets and potentially on private actors where subsequent policies impose compliance costs, taxes, subsidies or regulatory changes (Parts 4–6, s.25). The Act itself does not specify funding sources.\n\n**Why it matters (stated purposes and how the Act implements them)**\n\n- The Act explicitly says its purposes are to align WA with the Paris Agreement, set targets, support reductions in net emissions consistent with the mitigation hierarchy, promote transparency and provide certainty for business, encourage investment for the transition, and manage and report on climate impacts (s.3).\n- Implementation mechanisms: legally binding long‑term and interim targets (ss.7–10); mandatory strategies and sector plans with set review cycles and public consultation requirements to establish policies, timelines and performance indicators (Parts 4–6); and annual reporting to Parliament that documents emissions determinations, methodology and progress (s.25).\n\n**Trade‑offs, incentives and implementation risks (mechanical, not political)**\n\n- Ministerial discretion and central control: the Minister both sets interim targets (s.8) and determines net emissions and the role of offsets (s.11). That creates a single point of authority for accounting rules and target setting, which concentrates the practical power to define compliance paths (including what counts as an offset) in the executive (ss.8(3)(c), 11(2)(b)).\n- Offsets versus direct reductions: the Act requires the Minister to take the mitigation hierarchy into account (s.4(1), ss.8(4), 10(5)), but it permits eligible offsets prescribed by regulation to be counted in net emissions (ss.8(3)(c), 11(2)(b)). The concrete balance between reductions and offsets will therefore depend heavily on later regulations and Ministerial determinations — a substitution risk where extensive offset use can substitute for domestic emissions cuts.\n- Legal and measurement uncertainty: the Minister has to determine “net emissions” and the methodology must be reported annually (s.25(3)(a)–(b)). Measurement conventions, baseline years (2005 for State‑level targets; 2020 for Government targets) and the treatment of removals and offsets are left to regulation and Ministerial decisions (ss.8(3)(a), 10(4)(a), 11). That creates implementation risk where different accounting choices materially change whether targets are met.\n- Compliance and administrative burden: the State Government and nominated State entities must meet Government targets and will be part of accounting and reporting (s.10). Responsible Ministers must prepare and review sector plans and consult publicly (ss.21–24). Those obligations generate administrative work for agencies and may cascade to regulated industries depending on what policies are chosen in strategies and plans (Parts 4–6).\n- Cost allocation and incentives: the Act itself sets targets and planning requirements but does not mandate particular regulatory instruments or funding models. Decisions about who bears costs (taxpayers, consumers, firms) will depend on later policy choices implemented under the strategies, sector plans and regulations (ss.12–13, ss.20–24, s.26). This leaves room for varied economic impacts depending on policy detail.\n- Rent‑seeking and capture risk: because the Act leaves critical definitions (eligible offsets) and key accounting choices to regulations and Ministerial determination, interested parties have incentives to influence those rule‑making processes. The Act builds in public consultation requirements (ss.15, 19, 24), which can mitigate but not eliminate that risk.\n- Effects on private enterprise and markets: the Act does not directly impose economy‑wide caps or trading systems on private firms; instead it creates targets and planning obligations for government and a framework for state policy. The practical effects on competition, prices and investment depend on what policies the emissions reduction strategy and sector plans recommend and how they are implemented (ss.12–13, ss.20–22). For example, regulatory standards, procurement rules, subsidies, or new fees could change costs and incentives for firms.\n\n**Key operational points to watch**\n\n- The Minister’s Gazetted interim targets (ss.8(2), 10(3)) and any amendments for “exceptional circumstances” (s.9) — timing and content will shape investment horizons.\n- The regulatory definition of “eligible offsets” and how broadly removals and offsets are counted (s.4(1), ss.8(3)(c), 11(2)).\n- The emissions budgets (5‑year rolling windows) embedded in each interim target (s.8(3)(b), s.10(4)(b)) — these are the numerical ceilings used to judge progress.\n- The different baselines: statewide targets are measured against 2005; State Government targets are measured against 2020 (ss.8(3)(a), 10(4)(a)). That alters how demanding Government targets will be compared with the State targets.\n\n**Bottom line**\n\nThis Act creates a legal architecture for Western Australia to commit to net‑zero by 2050, requires the Minister to set and publicise interim targets and emissions budgets, mandates strategies and sector plans with review and public consultation, and centralises accounting rules and offset treatment with the Minister and regulation. The Act sets processes for transparency and reporting but leaves key numerical, technical and implementation choices to future Ministerial determinations and regulations (ss.8–11, ss.12–25)."},"summary":{"status_summary":"The Climate Action this Decade Bill 2025 is at the second reading stage in the Western Australian Legislative Council, having been introduced by Hon. Dr. Brad Pettitt, MLC, but not yet passed or enacted.","complexity_score":5,"likely_questions":["When will the first interim targets be set, given they depend on Commonwealth communication of nationally determined contributions?","What types of offsets will be prescribed as 'eligible offsets' and how will the mitigation hierarchy limit their use?","Do the sector adaptation plans impose any enforceable obligations on private businesses operating in those sectors?","What happens if the Minister fails to prepare a strategy or report within the stipulated timeframe?","How will the Bill affect existing state climate policies and regulatory approvals for resource projects?"],"complexity_factors":["multiple overlapping targets (long-term, interim, government-specific) with different baselines and budget periods","references to external Commonwealth communications and the Paris Agreement for setting target timing","ministerial discretion in setting targets, amending them under exceptional circumstances, and defining eligible offsets by regulation","complex planning hierarchy: emissions reduction strategy, climate adaptation strategy, and sector adaptation plans each with separate review cycles and public consultation requirements","definition of 'State Government' includes entities declared by notice, creating potential for expansion without legislative amendment"],"plain_english_summary":"This private member’s Bill would require Western Australia (and separately the State Government) to reach net‑zero greenhouse gas emissions by 2050, with interim percentage targets and five‑year emissions budgets, and limits on eligible offsets. It mandates an emissions reduction strategy, sector adaptation plans, and annual parliamentary reporting, but leaves key choices—targets, offsets, strategies, responsible ministers—to Ministerial discretion. It binds the Crown, does not directly regulate private parties, and is introduced but not yet enacted."}},"importantCases":[],"_links":{"self":"/api/acts/climate-action-this-decade-bill-2025","history":"/api/acts/climate-action-this-decade-bill-2025/history","analysis":"/api/acts/climate-action-this-decade-bill-2025/analysis","conflicts":"/api/acts/climate-action-this-decade-bill-2025/conflicts","importantCases":"/api/acts/climate-action-this-decade-bill-2025/important-cases","documents":"/api/acts/climate-action-this-decade-bill-2025/documents"}}