State Development and Public Works Organisation Act Amendment Act 1970 (Qld)

408 mekt' Iau^ ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE -.s-+-o+-.-+-+a.-+ ^ -P a+-s-+ e-4 o + No. 32 of 1970 An Act to Provide for the establishment of an Environmental Control Council and for that purpose to Amend The State Development and Public Works Organisation Acts 1938 to 1964 in certain particulars [ASSENTED TO 16TH D ECEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the State Development and Public Works Organisation Act Amendment Act 1970. (2) The State Development and Public Works Organisation Act of 1938 as subsequently amended is in this Act referred to as the Principal Act.

State Development and Public Works, Etc., Amdt Act 1970, No. 32 409 (3) The Principal Act as amended by this Act may be cited as the State Planning and Development, Public Works Organisation, and Environmental Control Act 1938-1970. 2. Amendment of long title . The Principal Act is amended by, in the long title thereto, inserting after the word " thereof " the words " to Provide for the establishment of an Environmental Control Council for the co-ordination of work directed towards the control and improvement of the Environment,". 3. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) inserting before the definition " land " the following definitions:-- " Couunncciill "-The Environmental Control Council established pursuant to this Act; "; " Environment "--The conditions and influences to which living matter is sensitive and to which it is capable of reacting; "; (b) inserting before the definition " prescribed " the following definition:- " Pollutionn "-The emission, discharge. or accumulation of any substance or substances whether in a solid, liquid or gaseous state, or any noise, likely to create a nuisance or to contribute to the creation of a nuisance, or likely to render or assist in rendering any part of the environment harmful to health, safety or welfare, and the presentation, establishment or maintenance of any thing in or adjacent to a public place that is likely to be detrimental to the environment; "; (c) inserting before the definition " works " the following definition:- " " Waste "-Any matter whether in a solid, liquid or gaseous state which is discarded and includes effluent, rubbish, refuse, garbage and litter;". 4. Provisions relating to environmental control . The Principal Act is amended by inserting after section 29F the following sections:- " 30. Environmental Control Council . (1) There shall be established a body to be called the Environmental Control Council. (2) The Council shall consist of such number of members as is for the time being prescribed and until otherwise prescribed shall consist of the Co-ordinator-General who shall be, ex officio, chairman and a representative of each of the following departments of the Government of Queensland- (i) Treasury; (ii) Mines; (iii) Main Roads; (iv) Justice; (v Education; (vi) Primary Industries; (vii) Health; (viii) Labour and Tourism;

410 State Development and Public Works, Etc., Amdt Act 1970, No. 32 (ix) Transport; (x) Railways; (xi) Industrial Development; (xii) Lands; (xiii) Forestry; (xiv) Works; (xv) Queensland Housing Commission; (xvi) Harbours and Marine; (xvii) Irrigation and Water Supply Commission; (xviii) Local Government; (xix) State Electricity Commission. 31. Nomination of representatives . (1) The Minister charged with the administration of a prescribed department entitled to be represented on the Council, upon the request of the Co-ordinator- General and as often as is necessary to ensure representation of the department at all times, shall nominate a person to be the department's representative on the Council. (2) The Minister of the Crown charged with the administration of a prescribed department represented on the Council may at any time revoke the nomination of the department' s representative on the Council and, if the Minister does so, shall nominate another person to be the department's representative in his stead. (3) Every person nominated to represent a department on the Council shall be nominated from within the department and shall continue to so represent the department until- (a) he ceases to be employed upon a full-time basis within the department; or (b) the Minister of the Crown concerned nominates another person to be the department's representative in his stead, whichever event first occurs. (4) Upon the nomination of a department's representative on the Council the Minister of the Crown concerned shall cause notification of the representative's identity to be given to the Co-ordinator-General. 32. Delegate members. (1) The Chairman of the Council may, either generally or in respect of a particular meeting or in respect of a period of time, designate a person from within the Department of the Co-ordinator-General of Public Works to be his delegate on the Council. (2) A member of the Council other than the chairman may, subject to the approval of the Minister of the Crown charged with the administration of the department that he represents, appoint another person from within the department to be his delegate on the Council. Such an appointment shall be made by notice in writing given to the chairman of the Council and may be made in respect of a particular meeting or in respect of a period of time.

State Development and Public Works, Etc., Amdt Act 1970, No. 32 411 (3) A delegate member of the Council shall, in accordance with the terms of his appointment, be entitled to attend meetings of the Council in the absence of the member for whom he is a delegate and while so attending shall be deemed to be a member of the Council. (4) A delegate member of the Council shall continue to represent on the Council the department from which he was appointed until- (a) the meeting in respect of which he was appointed is concluded; (b) the period in respect of which he was appointed has expired; (c) he ceases to be employed upon a full-time basis within the department; or (d) another delegate member of the Council is appointed as prescribed in his stead, whichever event is applicable in the circumstances and first occurs. 33. Functions of Council . The functions of the Council shall be- (a) to co-ordinate the work of departments of the Government of Queensland, Local Authorities, statutory bodies, all persons and associations in their respective fields of endeavour directed towards control of the environment and to ensure consistency in their respective policies and objectives; (b) to develop and maintain close liaison with Local Authorities and with persons and associations working in the fields of control and improvement of the environment; (c) to continuously review the state of the environment; (d) to review and investigate submissions made to it or referred to it concerning the environment; (e) to disseminate information both within the departments of the Government of Queensland and at large concerning work done or to be done to achieve control of the environment; (f) to make recommendations to the Government of Queensland or to persons or authorities concerned for the prevention or mitigation of deterioration of the environment by pollution or other cause and for the proper disposal of waste; (g) to advise the Government of Queensland on matters concerned with control of the environment.

412 State Development and Public Works, Etc., Amdt Act 1970, No. 32 34. Powers of Council . The Council may initiate investigations into- (a) the improvement of the environment generally; (b) research projects that the Council considers relevant to control of the environment; (c) all matters relevant to control of the environment that the Minister refers to it or that are submitted to it; (d) all matters calculated to ensure the efficient performance by the Council of its functions and the achievement of its objects and purpose, and may make recommendations to the Minister with respect to matters arising out of such investigations. 35. Committees . The Council may appoint such executive committees and advisory committees as it considers necessary to assist it in the efficient performance of its functions or in the achievement of its objects and purpose. Any person may be appointed to be a member of an advisory committee whether he is or is not a member of the Council. 36. Duty of Co - ordinator - General to Council. The Co-ordinator-General shall provide for the Council such technical, clerical and secretarial assistance as is required for its proper operation. 37. Proceedings of Council . (1) The Council shall meet at such times and places and shall conduct its business in such manner as is prescribed or, in so far as not prescribed, as it determines from time to time. (2) Any eleven of the members of the Council shall be a quorum for the purposes of a meeting of the Council and shall be competent to transact the business of the Council and to perform the functions and exercise the powers of the Council under this Act. (3) Any matter before a meeting of the Council shall be determined by vote of the majority of the members of the Council (being a quorum) present at the meeting and in the event of an equality of votes upon any matter the person who presides at the meeting at the time of the taking of the vote shall have a second or casting vote. (4) A member of the Council present at a meeting who abstains from voting shall be taken to have voted in the negative.

State Development and Public Works, Etc., Amdt Act 1970, No. 32 413 38. Presiding at meetings of Council . The chairman of the Council or, if he is not present, his delegate shall preside at all meetings of the Council. Should both the chairman and his delegate be absent from a meeting of the Council or should the chairman be absent and a delegate have not been appointed by him the members present at that meeting shall elect a member from amongst those present to preside at the meeting during such absence. The person, other than the chairman, who presides at a meeting of the Council has all the powers and authorities of the chairman while he so presides.". 5. Renumbering of sections . The Principal Act is amended by renumbering sections 30 and 31 as sections 39 and 40 respectively.