Environmental Research Trust Act 1990 (NSW)
ENVIRONMENTAL RESEARCH TRUST ACT 1990 No. 25
NEW SOUTH WALES
TABLE OF PROVISIONS PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Definitions
PART 2 - ENVIRONMENTAL RESEARCH TRUST
4. Constitution of the Trust
5. Membership and procedure of the Trust
6. Object of the Trust
7. Functions of the Trust
8. Committees of the Trust
PART 3 - GRANTS
9. Technical assessment of grant applications
10. Grants can be made only out of income of the Fund
11. Limits on grants
12. Recovery of grants
PART 4 - FINANCE
13. Environmental Research Trust Fund
14. Investments
PART 5 - ADMINISTRATION
15. Staff of the Trust
16. Delegation by the Trust
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PART 6 - MISCELLANEOUS
17. Financial year of the Trust
18. Proof of certain matters not required
19. Regulations
20. Amendment of Public Finance and Audit Act 1983 No. 152, Sch. 2 (Statutory Bodies)
SCHEDULE 1 - PROVISIONS RELATING TO MEMBERS AND PROCEDURE O F THE TRUST
ENVIRONMENTAL RESEARCH TRUST ACT 1990 No. 25
NEW SOUTH WALES
Act No. 25, 1990
An Act to constitute the Environmental Research Trust and define its functions; and for other purposes. [Assented to 14 June 1990]
Environmental Research Trust 1990
The Legislature of New South Wales enacts:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Environmental Research Trust Act
1990.
Commencement
2. This Act commences on a day or days to be appointed by proclamation.
Definitions
3. (1) In this Act:
"Fund" means the Environmental Research Trust Fund established by this Act;
"Trust" means the Environmental Research Trust constituted by this Act.
(2) In this Act:
(a) a reference to a function includes a reference to a power, authority and duty; and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. PART 2 - ENVIRONMENTAL RESEARCH TRUST
Constitution of the Trust
4. There is constituted by this Act a body corporate with the corporate name of the Environmental Research Trust.
Membership and procedure of the Trust
5. (1) The Trust is to consist of 7 members.
(2) The members are to be:
(a) the Minister, who is to be the Chairperson of the Trust; and
(b)
a representative of the Australian Vice-Chancellors' Committee appointed by the Minister from a panel of 3 persons nominated by that Committee; and
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the Chairman of the State Pollution Control Commission; and
the Chairperson of the Water Board; and
a person appointed by the Minister from a panel of persons
nominated by the Nature Conservation Council to represent
the environmental community, and
a person appointed by the Minister to represent the
manufacturing industry; andthe Director of the Ministry for the Environment.
(3) Schedule 1 has effect with respect to the members and procedure of the Trust.
Object of the Trust
6. The object of the Trust is to promote research in both the public and private sectors into environmental problems of any kind and, in particular, to encourage and support:
(a)
research into and development of local solutions to environmental problems; and
(b)
discovery of new methods of operation for New South Wales industries that are less harmful to the environment; and
(c) research into general environmental problems; and (d) assessment of environmental degradation.
Functions of the Trust
7. The Trust may for the purpose of promoting its object:
(a)
make grants (either unconditionally or subject to conditions) to individuals and organisations to be used for research into environmental problems; and
(b) supervise the expenditure of money so granted; and
(d) engage in such other activities as the Minister may approve.
Committees of the Trust 8. (1) The Trust is to establish a Technical Committee having the Director of the Ministry for the Environment as Chairperson and having no fewer than 5 and ,no more than 7 members.
(2) The Trust may establish other committees to assist it in connection with the exercise of any of its functions.
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(3) The members of a committee need not be members of the Trust.
(4) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Trust or (subject to any determination of the Trust) by the committee.
PART 3 - GRANTS
Technical assessment of grant applications9. (1) The Trust is to refer each application for a grant to the Technical Committee.
(2) The Technical Committee is to assess the practicability and overall worthiness of each application referred to it and provide the Trust with its assessment.
(3) A member of the Technical Committee may nominate anotherperson to take the member's place in assessing a particular application
if the member considers that the nature of the application requires the
expertise of that other person.
Grants can be made only out of income of the Fund
10. Grants can be made only out of the income derived from
| investment of money in the Fund. |
| Limits on grants |
| 11. (1) In any financial year of the Trust, no one grant is to exceed 10 per cent of the total income derived during the previous financial |
(2) Each grant is to be made subject to a condition that the grant is
to be expended within 2 years after it is made.
(3) If more than one grant is made to a particular individual or
organisation in any financial year of the Trust, those grants together
are to be considered to be one grant for the purposes of subsection (1).(4) The Trust may waive the application of this section in a particular case if the Trust thinks special circumstances exist that justify its doing
SO.
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(5) The Trust is to include details of any decision to waive the
application of this section in its next annual report under the Annual
Reports (Statutory Bodies) Act 1984.
Recovery of grants
12. If a grant is made by the Trust subject to a condition and the grant or any part of the grant is not applied in accordance with the condition, the Trust may recover the whole or any part of it from the grantee as a debt in a court of competent jurisdiction.
PART 4 - FINANCE
Environmental Research Trust Fund
13. (1) There is to be established in the Special Deposits Account in the Treasury an Environmental Research Trust Fund into which are to
be paid:
20 per cent of payments received by the Water Board that are payable on or after 1 January 1990 and before 1 July 2000 for the benefit of permissions relating to the discharge of trade waste into any service of the Board under regulations under the Water Board Act 1987; and
the proceeds of investment of money in the Fund; and
any gift or bequest of money to the Trust; andsuch other money as may be paid to the Trust; and
such other money as may by law be required to be paid into the Fund or as may be appropriated by Parliament for payment into the Fund. (2) Money in the Fund is under the control of the Trust.
(3) The income derived from investment of money in the Fund can
be expended by the Trust for the purpose of the exercise of its
functions and the costs incurred in administering this Act.
Investments
14. The Trust is to invest money in the Fund:
(a)
in the manner authorised by the Public Authorities (Financial Arrangements) Act 1987; or
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(b) if that Act does not confer power on the Trust to invest the money, in any other manner approved by the Treasurer.
PART 5 - ADMINISTRATION
Staff of the Trust
15. (1) The Trust may, with the approval of the Minister, arrange for
the use of the services of any staff or facilities of a government
department, administrative office or public authority.
(2) For the purposes of this Act, a person whose services are made use of under this section is an officer of the Trust.
Delegation by the Trust
16. The Trust may delegate to a member, to a committee of the Trust or to any officer of the Trust the exercise of any of its functions, other than this power of delegation.
PART 6 - MISCELLANEOUS
Financial year of the Trust
17. The financial year of the Trust is the year commencing 1 July.
Proof of certain matters not required
18. In any legal proceedings, proof is not required (until evidence is given to the contrary) of:
(a) the constitution of the Trust; or
(b) any resolution of the Trust; or
(c)
the appointment of, or the holding of office by, any member of the Trust; or
(d) the presence of a quorum at any meeting of the Trust.
Regulations
19. The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act
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Amendment of Public Finance and Audit Act 1983 No. 152, Sch. 2
(Statutory Bodies)20. The Public Finance and Audit Act l983 is amended by inserting
in Schedule 2 (in alphabetical order) the words "Environmental
Research Trust".
SCHEDULE l - PROVISIONS RELATING TO MEMBERS
AND PROCEDURE OF THE TRUST
(Sec. 5 (3))
Definitions
1. In this Schedule:
''appointed member" means a member referred to in section 5 (2)
(b), (e) or (f);
'member' means a member of the Trust.
Nomination of panels for appointments as members
2. (1) If nominations to constitute a panel referred to in section 5 (2) (b) or (e) are not made within the time and in the manner directed by the Minister, the Minister may appoint a person to be a member instead of the person required to be appointed from the panel.
(2) A person so appointed is to be taken to have been duly
nominated for appointment.
Deputies of members
3. (1) A member (other than an appointed member) may, from time
to time, appoint a person to be the deputy of the member, and may
revoke any such appointment.
(2) The Minister may, from time to time, appoint a person to be the deputy of an appointed member.
(3) The deputy of a member appointed from a panel is to be appointed from the same or a further panel.
(4) In the absence of a member, the member's deputy:
(a) may, if available, act in the place of the member; and Environmental Research Trust 1990
SCHEDULE 1 - PROVISIONS RELATING TO MEMBERS AND
PROCEDURE OF THE TRUST - continued
(b) while so acting, has all the functions of the member and is to be taken to be a member. (5) This clause does not operate to confer on the deputy of a
member who is Chairperson of the Trust the member’s functions as
Chairperson.
(6) A person while acting in the place of a member is entitled to be
paid such allowances as the Minister may from time to time determine
in respect of the person.
Terms of office
4. Subject to this Schedule, an appointed member holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
Allowances
5. A member of the Trust or of a committee of the Trust (other than
the Minister) may be paid such allowances as the Minister from time
to time determines in respect of the member.
Vacancy in office of appointed member
6. (1) The office of an appointed member becomes vacant if the member:
dies; or
completes a term of office and is not re-appointed; or
resigns the office by instrument in writing addressed to the
Governor; oris removed from office by the Governor under this clause; or
in the ordinary course of post, except on leave granted by the reasonable notice has been given to the member personally or is absent from 4 consecutive meetings of the Trust of which Trust OF unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Trust for having been absent from those meetings; or Environmental Research Trust 1990
SCHEDULE 1 - PROVISIONS RELATING TO MEMBERS AND
PROCEDURE OF THE TRUST - continued
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
becomes a temporary patient or a continued treatment patient within the meaning of the Mental Health Act 1958, a forensic patient within the meaning of the Mental Health Act 1983 or a protected person within the meaning of the Protected Estates Act 1983; or
or more or is convicted elsewhere than in New South Wales of punishable by penal servitude or imprisonment for 12 months is convicted in New South Wales of an offence which is an offence which, if committed in New South Wales, would be
an offence so punishable.
(2) The Governor may remove an appointed member from office at any time.
Filling of vacancy in office of member
7. If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
Effect of certain other Acts
8. (1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office; or (b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
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SCHEDULE 1 - PROVISIONS RELATING TO MEMBERS AND
PROCEDURE OF THE TRUST - continued
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
Personal liability of members etc.
9. A matter or thing done by the Trust, a member of the Trust or any person acting under the direction of the Trust does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject the member or a person so acting personally to any action, liability, claim or demand.
General procedure
10. The procedure for the calling of meetings of the Trust and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Trust.
Quorum
11. The quorum for a meeting of the Trust is 4 members.
Presiding member
12. (1) The Chairperson of the Trust or, in the absence of the Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the Trust.(2) The person presiding at any meeting of the Trust has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
Voting
13. A decision supported by a majority of the votes cast at a meeting of the Trust at which a quorum is present is the decision of the Trust.
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SCHEDULE 1 - PROVISIONS RELATING TO MEMBERS AND
PROCEDURE OF THE TRUST - continued
First meeting
14. The Minister is to call the first meeting of the Trust in such manner as the Minister thinks fit.
[Minister's second reading speech made in -
Legislative Assembly on 15 May 1990 Legislative Council on 30 May 1990]
BY AUTHORITY
R MILLIGAN, ACTING GOVERNMENT PRINTER - 1990
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