Environmental Trust Act 1998 (NSW)

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An Act to fund environmental restoration, rehabilitation, research and education and to fund land acquisition for the national parks estate; to constitute the Environmental Trust to administer the funding arrangements; to repeal the Environmental Restoration and Rehabilitation Trust Act 1990, the Environmental Research Trust Act 1990 and the Environmental Education Trust Act 1990; to amend the Forestry Restructuring and Nature Conservation Act 1995 and other Acts; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Environmental Trust Act 1998.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Definitions

In this Act—

Aboriginal person has the same meaning as in the Aboriginal Land Rights Act 1983.

exercise a function includes perform a duty.

financial year means the year ending on 30 June.

function includes a power, authority or duty.

grant means a grant made from the Trust Fund under this Act, but does not include amounts expended for clean-up action under section 16.

Trust means the Environmental Trust established by this Act.

Trust Fund means the Environmental Trust Fund established by this Act.

s 3: Am 2024 No 68, Sch 1[1].

4Act subject to Forestry Restructuring and Nature Conservation Act 1995

This Act is subject to the Forestry Restructuring and Nature Conservation Act 1995.

Part 2Environmental Trust5Constitution of Trust(1)

There is constituted by this Act a body corporate with the corporate name of the Environmental Trust.

(2)

The Trust has the functions conferred or imposed on it by or under this or any other Act.

(3)

The Trust is, for the purposes of any Act, a statutory body representing the Crown.

6Membership and procedure of Trust(1)

The Trust is to consist of 6 members.

(2)

The members of the Trust are—

  • (a)

    the Minister, who is to be the Chairperson of the Trust, and

  • (b)

    the Secretary of the Treasury, and

  • (c)

    the Secretary of the Department of Climate Change, Energy, the Environment and Water, and

  • (d)

    a person appointed by the Minister from a panel of 3 persons nominated by the Nature Conservation Council, and

  • (e)

    a person appointed by the Minister from a panel of 3 persons nominated by the Local Government and Shires Association of New South Wales, and

  • (f)

    an Aboriginal person appointed by the Minister.

(3)

Schedule 1 has effect with respect to the Trust.

s 6: Am 2013 No 111, Sch 2.4; 2015 No 58, Sch 3.32 [1]; 2024 No 68, Sch 1[2]–[4].

7Objects of Trust

The objects of the Trust are as follows—

  • (a)

    to encourage and support restoration and rehabilitation projects in both the public and the private sectors that will or are likely to prevent or reduce pollution, the waste-stream or environmental degradation, of any kind, within any part of New South Wales,

  • (b)

    to promote research in both the public and the private sectors into environmental problems of any kind and, in particular, to…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.