Water Resources (Catchment Management Coordination Group) Amendment Act 2015 (ACT)

Case

Water Resources (Catchment Management Coordination Group) Amendment Act 2015

A2015-25

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Water Resources Act 2007

4            New part 7A  3

5            Dictionary, note 2  10

6            Dictionary, new definition of coordination group  10

Part 3Water Resources Regulation 2007

7           New section 11  11

Water Resources (Catchment Management Coordination Group) Amendment Act 2015

A2015-25

An Act to amend the Water Resources Act 2007 and the Water Resources Regulation 2007

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Water Resources (Catchment Management Coordination Group) Amendment Act 2015.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Water Resources Act 2007 and the Water Resources Regulation 2007.

Part 2Water Resources Act 2007

  1. New part 7A

    insert

Part 7AACT and region catchment management coordination group

67ACoordination group—establishment

The ACT and region catchment management coordination group (the coordination group) is established.

67BCoordination group—functions

(1)The coordination group has the following functions:

(a)to advise the Minister on matters relating to water catchment management in the ACT and the Australian capital water catchment region;

(b)any other function given to the group under this Act or another territory law.

Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 2A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

(2)Without limiting subsection (1), the matters on which the coordination group may advise the Minister include the following:

(a)priorities for water catchment management in the ACT and the Australian capital catchment region;

(b)actions or strategies to build partnerships, manage or develop activities and share information with the Commonwealth, a Commonwealth authority, a State or a State agency, including any investment opportunities;

(c)actions or strategies to improve water catchment health;

(d)actions or strategies to coordinate investment in relation to water catchment management with the Commonwealth, a Commonwealth authority, a State or a State agency;

(e)likely impacts of a proposed development or event on water catchment management in the ACT and the Australian capital water catchment region;

(f)actions or strategies for a proposed development or event to address likely impacts on water catchment management;

(g)any other matter in relation to water catchment management referred to the group by the Minister.

(3)In exercising its functions, the coordination group—

(a)must try to—

(i)encourage early and effective information sharing between members of the group, and any relevant agency or community group; and

(ii)raise awareness of catchment management issues to encourage community action in promoting catchment health; and

(b)must consider—

(i)any relevant information the group is aware of from the business and community sector; and

(ii)information available in a report that the Minister requires the group to consider; and

(c)may consider any other relevant information.

(4)In this section:

area—see the Local Government Act 1993 (NSW), dictionary, definition of area.

capital water catchment region means the region made up of areas within the boundaries of the following councils:

(a)Cooma-Monaro Shire;

(b)Palerang Council;

(c)Queanbeyan City Council;

(d)Yass Valley Local Government.

council—see the Local Government Act 1993 (NSW), dictionary, definition of council.

67CMinister to consider coordination group advice

In exercising a function under this Act, the Minister must consider any relevant advice given to the Minister by the coordination group.

67DAnnual report by coordination group

(1)For each financial year, the coordination group must prepare a report about the group’s activities during the financial year, including any advice given, or recommendations made, to the Minister.

(2)The group must give the report to the Minister within 3 months after the end of the financial year.

(3)The Minister must, within 21 days after receiving the report, table the following in the Legislative Assembly:

(a)the report;

(b)a statement by the Minister responding to any advice given or recommendations made to the Minister in the group’s annual report.

(4)However, if there are no sitting days during the 21-day period—

(a)the Minister must give the report and the statement, and a copy of each for each member of the Legislative Assembly, to the Speaker; and

(b)the report and the statement are taken for all purposes to have been tabled in the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and

(c)the Speaker must arrange for a copy of the report and a copy of the statement to be given to each member of the Legislative Assembly on the report day; and

(d)despite paragraph (b), the Speaker must present the report and the statement to the Legislative Assembly on the next sitting day.

(5)In this section:

Speaker includes—

(a)if the Speaker is unavailable—the Deputy Speaker; and

(b)if both the Speaker and the Deputy Speaker are unavailable—the clerk of the Legislative Assembly.

unavailable—the Speaker or Deputy Speaker is unavailable if—

(a)the Speaker or Deputy Speaker is absent from duty; or

(b)there is a vacancy in the office of Speaker or Deputy Speaker.

67ECoordination group—membership

(1)The coordination group is made up of the following members:

(a)the director-general of the—

(i)Chief Minister, Treasury and Economic Development Directorate; and

(ii)Environment and Planning Directorate; and

(iii)Health Directorate; and

(iv)Territory and Municipal Services Directorate;

(b)the commissioner of the ACT Emergency Services Agency;

(c)a representative of the national capital authority, who is nominated, in writing, by the authority;

(d)a representative of the New South Wales government agency with responsibility for water catchment management in the Australian capital water catchment region (however described), who is appointed by the Minister;

(e)a representative of the community’s interests in water catchment management, who is appointed by the Minister;

(f)a chair, who is appointed by the Minister and not otherwise mentioned in this section;

(g)any other person prescribed by regulation.

NoteThe group can still function with a vacancy in membership (see Legislation Act, s 199 (5)).

(2)The Minister must not appoint a person to the group unless satisfied that the person has appropriate knowledge and experience in an area relevant to the operation of this Act.

(3)The conditions of appointment of a member under this section are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995.

(4)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.

Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

(5)An appointment is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

(6)In this section:

government agency means a government department (however described) or statutory authority.

67FEnding of appointments

The Minister may end the appointment of a member of the coordination group—

(a)for misbehaviour; or

(b)if the member becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

(c)if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

(d)if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

(e)if the member is absent for 3 consecutive meetings without leave of the chair; or

(f)for physical or mental incapacity that substantially affects the exercise of the member’s functions.

NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

67GCoordination group—general procedure

(1)Meetings of the coordination group are to be held when and where it decides.

(2)The coordination group may conduct its proceedings (including its meetings) as it considers appropriate.

67HCoordination group—quorum at meetings

Business may be carried on at a meeting of the coordination group only if at least 5 members of the group are present.

67IVoting at coordination group meetings

At a meeting of the coordination group, a question is decided by the majority of the votes of the group members present and voting.

67JReimbursement of expenses for coordination group members

(1)A member of the coordination group is not entitled to be paid for the exercise of the member’s functions.

(2)However, a member may apply to the director-general for reimbursement of expenses reasonably incurred by the member for the purpose of attending a meeting or otherwise performing a function of the coordination group, subject to any determination under the Remuneration Tribunal Act 1995.

(3)Subsection (2) does not apply to a group member who is a public servant.

  1. Dictionary, note 2

    insert

    ·     director-general

    ·     national capital authority

    ·     public employee

    ·     public servant

  2. Dictionary, new definition of coordination group

    insert

    coordination group—see section 67A.

Part 3Water Resources Regulation 2007

  1. New section 11

    insert

  2. Membership of coordination group—Act, s 67E (1) (g)

    (1)The following people are prescribed:

    (a)a representative of the Cooma-Monaro Shire Council, who is nominated by the council;

    (b)a representative of ICON Water Limited, who is nominated by ICON Water Limited;

    (c)a representative of the Palerang Council, who is nominated by the council;

    (d)a representative of the Queanbeyan City Council, who is nominated by the council;

    (e)a representative of the South East Local Board of the Local Land Services, who is nominated by the board;

    (f)a representative of the Yass Valley Council, who is nominated by the council.

    (2)In this section:

    ICON Water Limited means the incorporated body registered under the Corporations Act as ICON Water Limited (ACN 069 381 960).

    Local Land Services means the statutory corporation with the corporate name Local Land Services established under the Local Land Services Act 2013 (NSW), section 8 (Constitution of Local Land Services).

    South East Local Board means the Local Land Services local board established under the Local Land Services Act 2013 (NSW), section 27 (Local Boards) for the region described as South East in that Act, schedule 1 (Local Land Services regions).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 4 June 2015.

  2. Notification

    Notified under the Legislation Act on 18 August 2015.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Water Resources (Catchment Management Coordination Group) Amendment Bill 2015, which was passed by the Legislative Assembly on 4 August 2015.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2015

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0