Environment Conservation Council Act 1997 (Vic)
Version No. 012
Environment Conservation Council Act 1997
Act No. 41/1997
Version incorporating amendments as at 1 December 2001
TABLE OF PROVISIONS
Section Page PART 1—ESTABLISHMENT OF COUNCIL 1
1. Purposes 1 2. Commencement 1 3. Definitions 2 4. Establishment of Council 3 5. Constitution and membership of the Council 3 6. Functions 3 7. Powers 3 8. Terms of appointment 3 9. Chairperson 4 10. Fees and allowances 4 11. Resignation and removal 4 12. Vacancies 5 13. Meeting procedure 5 14. Validity of decisions 5 15. Committees of the Council 6 16. Report on operations 6
PART 2—INVESTIGATIONS 8
17. Minister to require investigation 8 18. Requests, amendments and withdrawals to be laid before Parliament 8 19. Department Head to approve resources for investigation 9 20. Matters to be taken into account in investigations 9 21. Notice 10 22. Submissions 10 23. Report on the investigation 11 24. Extension of time 11
PART 3—SAVINGS AND TRANSITIONAL 13
i
Section Page
25. Repeal of Land Conservation Act 1970 13 26. Saving of recommendations 13 27. Amendment of Land Conservation (Vehicle Control) Act 1972 13
28.
Amendment of Flora and Fauna Guarantee Act 1988 13 29.
Amendment of Reference Areas Act 1978 13
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ENDNOTES 14 1. General Information 14 2. Table of Amendments 15 3. Explanatory Details 16
ii
Version No. 012
Environment Conservation Council Act 1997
Act No. 41/1997
Version incorporating amendments as at 1 December 2001
The Parliament of Victoria enacts as follows:
PART 1—ESTABLISHMENT OF COUNCIL
1. Purposes
The purposes of this Act are to—
(a)
establish an Environment Conservation Council to conduct investigations into the balanced use or development of public land within the State or any flora, fauna or minerals on above or under that land or water flowing over that land; and
(b)
repeal the Land Conservation Act 1970; and
(c)
make various consequential amendments to other Acts; and
(d) make other related provisions.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) has not
come into operation before 1 February 1998, it
comes into operation on that date.
Environment Conservation Council Act 1997
Act No. 41/1997 s. 3
3. Definitions
In this Act—
"additional member" means a person appointed
under section 5(2);
"Council" means the Environment Conservation Council established under this Act;
"member" means a person appointed under
section 5(1) and includes the chairperson of
the Council;
S. 3 def. of
"public land" means—
"public land" amended by
(a) any unalienated land of the Crown, No. 66/2000 including, land temporarily or s. 54. permanently reserved under the
Crown Land (Reserves) Act 1978;
(b)
state forest within the meaning of the Forests Act 1958;
(c)
park, within the meaning of the National Parks Act 1975;
* * * * *
(e)
land vested in any public authority, other than—
(i) a municipal council; or
(ii) an Authority under the Water Act vested in the Authority is within a sewerage district listed in column 3 of Schedule 12 of the Act.
S. 3 def. of
*
*
*
*
*
"Secretary" repealed by
No. 76/1998
s. 21(a).
Environment Conservation Council Act 1997
s. 4
| s. 7 | Act No. 41/1997 |
4. Establishment of Council
There is established a Council to be called the
"Environment Conservation Council".
5. Constitution and membership of the Council
(1) The Council consists of 3 members appointed by the Governor in Council on the recommendation of the Minister.
(2) For the purposes of an investigation which has
been referred to the Council, the Governor in may appoint a person or persons to be members of the Council. (3) The persons appointed to the Council are to be
persons who, in the opinion of the Minister, have
the experience and knowledge necessary to enable
the Council to carry out its functions.
6. Functions
The functions of the Council are to—
(a)
carry out those investigations that are requested by the Minister into the balanced use or development of public land or any flora, fauna or minerals on above or under that land or water flowing over that land; and
(b)
carry out any other functions conferred on the Council by this or any other Act.
7. Powers
The Council may do anything necessary or convenient to enable it to carry out its functions.
8. Terms of appointment
Environment Conservation Council Act 1997
Act No. 41/1997 s. 11
(1) A member of the Council holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment.
(2) An additional member holds office for the period
of the investigation for which that member is
appointed.
(3) A member of the Council is eligible for
re-appointment.
(4) The instrument of appointment of a member and
an additional member may specify terms and
conditions of appointment.
S. 8(5)
(5) The Public Sector Management and amended by
Employment Act 1998 (except in accordance No. 46/1998 with Part 7 of that Act) does not apply to a s. 7(Sch. 1). member or an additional member in respect of the
office of member or additional member.
9. Chairperson
The Governor in Council must appoint one of the members to be the chairperson of the Council.
10. Fees and allowances
Members and additional members who are not officers or employees of the public service are entitled to receive the fees, travelling and other allowances from time to time fixed by the
Governor in Council for those members and additional members.
11. Resignation and removal
(1) Members and additional members may resign by
writing signed by the person resigning and
addressed to the Governor in Council.
Environment Conservation Council Act 1997
| s. 14 | Act No. 41/1997 |
(2) The Governor in Council may at any time remove a member or an additional member from office.
12. Vacancies
If a member of the Council dies, resigns or is removed from office, the Governor in Council, in accordance with this Act, may fill the vacant office.
13. Meeting procedure
(1) The chairperson is to preside at any meeting of the Council at which he or she is present.
(2) If the chairperson is absent from a meeting of the Council, the members present at the meeting must elect one of those present to preside at the
meeting.
(3) Subject to sub-section (2), meetings of the
Council are to be held at such times and places as the chairperson determines.
(4) The chairperson may at any time convene a
meeting, but must do so when requested by a
member.
(5) A majority of the members for the time being
constitutes a quorum of the Council.
(6) A question arising at a meeting must be
determined by a majority of votes of members present and voting on that question and, if the voting is equal, the person presiding has a casting
vote as well as a deliberative vote.(7) The person presiding must ensure that minutes are kept of each of its meetings.
(8) Subject to this section, the Council may regulate its own proceedings.
14. Validity of decisions
Environment Conservation Council Act 1997
Act No. 41/1997
(1) An act or decision of the Council is not invalid merely because of—
(a)
a defect or irregularity in, or in connection with, the appointment of a member; or
(b)
a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint an original member.
(2) Anything done by or in relation to a person
purporting to act as chairperson or as a member is
not invalid merely because—
(a)
the occasion for the appointment had not risen; or
(b)
there was a defect or irregularity in relation to the appointment; or
(c) the appointment had ceased to have effect.
15. Committees of the Council
(1) For the purposes of this Act, the Council may
appoint any committees that it considers necessary
and may abolish any such committee.
(2) The membership of a committee is not restricted to the membership of the Council.
(3) The Council may determine the procedure of each
committee.
16. Report on operations
(1) The Council must submit a report on its operation
to the Minister on or before 31 October in each
year.
(2) A report under sub-section (1) must include a
report on each investigation completed,
commenced or carried out during the year and a
statement of the resources used in carrying out
each investigation.
Environment Conservation Council Act 1997
| s. 16 | Act No. 41/1997 |
(3) The Minister must cause a copy of the report to be
laid before each House of Parliament, within
7 sitting days after the report has been submitted
to the Minister.
_______________
Environment Conservation Council Act 1997
Act No. 41/1997 s. 17
PART 2—INVESTIGATIONS
17. Minister to require investigation
(1) The Minister may require the Council to carry out
an investigation into the balanced use or
development of public land or any flora, fauna or
minerals on, above or under that land or water
flowing over that land.
(2) A request must be in writing and must specify the
time within which the Council is to report on the
request.
(3) The Minister may, at any time during the course of an investigation—
(a)
direct the Council on any matters it is to take into consideration;
(b) withdraw or amend a request.
18. Requests, amendments and withdrawals to be laid before Parliament
(1) The Minister must cause a copy of a request—
(a) to be laid before each House of Parliament, within 14 sitting days after the request is made; and (b) to be published in the Government Gazette, within 14 days after the request is made.
(2) The Minister must cause a copy of an amendment or withdrawal of a request—
(a)
to be laid before each House of Parliament, within 14 sitting days after the amendment or withdrawal is made; and
(b)
to be published in the Government Gazette, within 14 days after the amendment or withdrawal is made.
Environment Conservation Council Act 1997
| s. 19 | Act No. 41/1997 |
19. Department Head to approve resources for investigation
S. 19(1)
| amended by | (1) The Council must, within 30 days after receiving a |
| No. 76/1998 | request from the Minister, submit a plan for the |
| s. 21(b). | investigation to the Department Head of the Department of Natural Resources and Environment. |
(2) A plan must include an estimate of the resources needed to carry out the investigation.
S. 19(3)
| amended by | (3) The Department Head of the Department of |
| No. 76/1998 | Natural Resources and Environment must consult |
| s. 21(c)(i)(ii). | with the Council over the estimate of the resources and must make available those resources which the Department Head and |
| Council agree are required to effectively carry out the investigation. |
20. Matters to be taken into account in investigations
In carrying out an investigation under this Act the
Council must have regard to—
(a)
the ability of any existing or proposed development or use of the land or resources to be ecologically sustainable and economically viable;
(b)
the economic and social value of any existing or proposed development or use of the land or resources;
(c)
the existence of and the need to conserve and protect any areas of ecological, historical, cultural or recreational value or areas of landscape significance on the land;
(d)
the need for the creation and preservation of a comprehensive, adequate and representative system of parks and reserves within the State;
Environment Conservation Council Act 1997
Act No. 41/1997 s. 21
(e) the Commonwealth and any national
any international obligations entered into by undertaken in conjunction with the Commonwealth and the other States and Territories which relate to the subject matter of the investigation;
(f)
the need to protect and conserve biodiversity.
21. Notice
(1) The Council must cause notice of an investigation
to be published in a newspaper circulating
generally throughout the State.
(2) If, at any time during the course of an
investigation, the Council proposes to hear further
submissions on the investigation, the Council
must cause notice that it is to hear further
submissions on the investigation to be published
in a newspaper circulating generally throughoutthe State.
(3) A notice under sub-section (1) or (2)—
(a)
must include a statement of the subject of the investigation; and
(b)
set out an address where a copy of the Minister's request may be obtained; and
(c)
must state the fact that submissions may be made; and
(d)
set out the time within which submissions must be made and form and the manner in which they may be made.
22. Submissions
(1) Any persons may make submissions on an
investigation to the Council.
Environment Conservation Council Act 1997
| s. 23 | Act No. 41/1997 |
(2) A submission must be made—
(a)
within 60 days of the publication of a notice under section 21; or
(b)
if another time is specified in the notice, the time specified in the notice; or
(c)
in the case of a submission made by a person or class of persons for which the Council allows an extension of time, within the time allowed by the Council.
(3) A submission must be made in the form and
manner specified in the notice.
23. Report on the investigation
(1) The Council must present a written report on the outcome of its investigation to the Minister on or before the date specified as the date on which the report is to be made.
(2) The report must specify all the proposals made in
submissions to the Council and the reasons for
which the Council had accepted, rejected or
modified those proposals.
(3) The Minister must cause a copy of the report to be
laid before each House of Parliament, within
7 sitting days after the report has been presented
to the Minister.
24. Extension of time
(1) The Council may request an extension of time to complete an investigation.
(2) A request must be in writing addressed to the
Minister.
(3) The Minister may either grant or refuse the
Council's request.
Environment Conservation Council Act 1997
Act No. 41/1997 s. 24 (4) The Minister must advise the Council in writing
of his or her decision under sub-section (3) and, if
the request is granted, must specify a new time
within which the Council is to report on therequest.
_______________
Environment Conservation Council Act 1997
| s. 25 | Act No. 41/1997 |
PART 3—SAVINGS AND TRANSITIONAL
25. Repeal of Land Conservation Act 1970
The Land Conservation Act 1970 is repealed.
26. Saving of recommendations
(1) The repeal of the Land Conservation Act 1970
does not affect the continuing operation of—
S. 26(1)(a)
| amended by | (a) any recommendation made under that Act |
| No. 74/2000 | (whether or not notice has been given of that |
| s. 3(Sch. 1 | |
| item 41). | recommendation under section 10(3) of that Act); and |
(b)
any act matter or thing done to give effect to such a recommendation.
(2) Any recommendation to which sub-section (1)
applies may be amended or revoked by the the Minister.
27. Amendment of Land Conservation (Vehicle Control) Act 1972
In section 2 of the Land Conservation (Vehicle Control) Act 1972 for "Land Conservation Act 1970" substitute "Environment Conservation
Council Act 1997".
28. Amendment of Flora and Fauna Guarantee Act 1988 In section 37 of the Flora and Fauna Guarantee Act 1988, paragraph (e) is repealed.
29. Amendment of Reference Areas Act 1978
In section 2 of the Reference Areas Act 1978, after "Land Conservation Act 1970" insert "as in force immediately before its repeal".
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Environment Conservation Council Act 1997
Act No. 41/1997 Endnotes
ENDNOTES
1. General Information
Minister's second reading speech— Legislative Assembly: 1 May 1997 Legislative Council: 27 May 1997
The long title for the Bill for this Act was "to establish an Environment for other purposes."
The Environment Conservation Council Act 1997 was assented to on
11 June 1997 and came into operation as follows:Sections 1 and 2 on 11 June 1997: section 2(1); rest of Act on 1 July 1997:
Special Gazette (No. 75) 1 July 1997 page 1.
Environment Conservation Council Act 1997
| Endnotes | Act No. 41/1997 |
2. Table of Amendments
This Version incorporates amendments made to the Environment
Conservation Council Act 1997 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s
amending the Environment Conservation Council
Act 1997Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998,
No. 76/1998
Assent Date: 10.11.98 Commencement Date: S. 21 on 15.12.98: s. 2(5) Current State: This information relates only to the provision/s
amending the Environment Conservation Council
Act 1997Water Industry (Amendment) Act 2000, No. 66/2000
Assent Date: 8.11.00 Commencement Date: S. 54 on 1.12.01: s. 2(4) Current State: This information relates only to the provision/s
amending the Environment Conservation Council
Act 1997Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 41) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s
amending the Environment Conservation Council
Act 1997
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Environment Conservation Council Act 1997
Act No. 41/1997 Endnotes
3. Explanatory Details
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