Water (Victorian Water Trust Advisory Council) Act 2003 (Vic)

Water (Victorian Water Trust Advisory Council)

Act 2003

Act No. 35/2003

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	New Part 14A inserted	2
PART 14A—VICTORIAN WATER TRUST ADVISORY
COUNCIL	2
305AA. Definition	2

305BB.	Establishment of Victorian Water Trust Advisory
Council 2
305CC.	Functions of the Council 2
305DD. Powers of the Council	3

305EE.	Constitution of the Council	3
305FF.	Terms and conditions of appointment of members	4

305GG. Temporary vacancies	5
305HH. Meetings	5

═══════════════

ENDNOTES 6

i

Victoria

No. 35 of 2003

Water (Victorian Water Trust Advisory

Council) Act 2003†

[Assented to 27 May 2003]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Water Act 1989 to establish an advisory council to be called the Victorian Water Trust Advisory

Council.

Water (Victorian Water Trust Advisory Council) Act 2003

Act No. 35/2003 s. 2

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on a day to be proclaimed.

(2) If this Act does not come into operation before

1 December 2003, it comes into operation on that

day.

3. New Part 14A inserted

See

After Part 14 of the Water Act 1989 insert— Act No. 80/1989.

'PART 14A—VICTORIAN WATER TRUST Reprint No. 6
as at

ADVISORY COUNCIL 4 April 2002
and

305AA. Definition amending Act Nos 11/2002, 23/2002 and

In this Part, "Council" means the Victorian	48/2002.
Water Trust Advisory Council established in	LawToday:
accordance with this Part.	dpc.vic. gov.au

305BB. Establishment of Victorian Water Trust

Advisory Council

There is established an advisory council to
be called the Victorian Water Trust Advisory

Council.

305CC. Functions of the Council

The functions of the Council are—

(a) to advise the Minister on the allocation of funds (from money appropriated by the Parliament for the purpose) for

initiatives—

(i) sustainability of the water

to enhance the health and rivers;

(ii)

to provide greater security for Victorians;

Water (Victorian Water Trust Advisory Council) Act 2003

s. 3

Act No. 35/2003

(iii)	to encourage the increased re-use and recycling of water in Victoria;
(iv)	to improve efficiencies in the use of water across Victoria;

(b)

to advise the Minister on additional referred to in paragraph (a);

(c)	to advise the Minister on any other related matter that the Minister may request;
(d)	to provide information to the public on procedures for applying for funding for initiatives referred to in paragraph (a);
(e)	to promote public awareness of the activities of the Council.

305DD. Powers of the Council

The Council has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

305EE. Constitution of the Council

(1) The Council shall consist of not more than 5 members and not fewer than 3 members appointed by the Minister.

(2) In making an appointment under sub-section

(1), the Minister must ensure that the
members are chosen from persons who, in
the opinion of the Minister, are experienced
in the environment, sustainability, finance,
water infrastructure, community service or
another field appropriate to the functions of
the Council.

(3) The Minister must appoint a member of the Council to be Chairperson of the Council.

Water (Victorian Water Trust Advisory Council) Act 2003

Act No. 35/2003 s. 3

305FF. Terms and conditions of appointment of

members

(1) Each member must be appointed for the

term, not exceeding 3 years, that is fixed by
the Minister in the instrument of
appointment but is eligible for re-

appointment.

(2) The Minister may in the instrument of

appointment of a member specify the terms

and conditions of appointment.

(3) The Minister may at any time remove a

member from office.

(4) The office of a member becomes vacant—

(a)	if the member resigns his or her office by writing addressed and delivered to the Minister;
(b)	if the member is removed from office in accordance with sub-section (3);
(c)

if the member becomes an insolvent meaning of the Corporations Act;

(d)	if the member becomes incapable of performing his or her duties;
(e)

if the member is absent from without permission of the Chairperson;

(f) if the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence.

(5) A member is entitled to be paid any

remuneration and allowances fixed from
time to time by the Minister.

Water (Victorian Water Trust Advisory Council) Act 2003

s. 3 Act No. 35/2003

(6) The Public Sector Management and

Employment Act 1998 does not apply to a member of the Council in respect of the office of member.

305GG. Temporary vacancies

(1) If the office of a member of the Council is

vacant or a member of the Council is unable, member while the office is vacant or during that period of inability.

whether because of illness or otherwise, to
perform the duties of office of member, the

(2) A person appointed to act as a member of the

Council has, while so acting, the rights, powers and duties of the member for whom he or she acts.

(3) A person appointed to act as a member is entitled to receive any remuneration and allowances fixed for that member by the Minister.

305HH. Meetings

(1) A majority of the members of the Council

for the time being constitute a quorum of the

Council.

(2) The Minister may make guidelines about the

proceedings of the Council.

(3) Subject to this Act and any guidelines made

under sub-section (2), the Council may
regulate its own proceedings.'.

═══════════════
Water (Victorian Water Trust Advisory Council) Act 2003

Act No. 35/2003 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 10 April 2003

Legislative Council: 20 May 2003

The long title for the Bill for this Act was "to amend the Water Act 1989
to establish the Victorian Water Trust Advisory Council and for other
purposes."