Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 2) 2025
I, Senator the Hon Murray Watt, Minister for the Environment and Water, acting in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, and all other powers thereunto enabling, as the case requires, hereby authorise the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government, to exercise, on my behalf, all my powers and functions, including powers and functions conferred on me by any law of the Commonwealth.
This instrument commences from Monday 30 June 2025 to Saturday 5 July 2025.
Dated 5/6/2025
SENATOR THE HON MURRAY WATT
Minister for the Environment and Water
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 2) 2025 was enacted to address the need for streamlined delegation of ministerial powers within the Environment and Water portfolio during temporary absences or other circumstances that may require acting arrangements. This legislative instrument, introduced by Senator the Hon Murray Watt, the Minister for the Environment and Water, is an authorisation under the Acts Interpretation Act 1901. It empowers the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government, to exercise all powers and functions of the Minister for the Environment and Water in his absence, ensuring continuity of governance and ministerial responsibilities. This authorisation is intended to facilitate effective administration and decision-making within the specified timeframe of 30 June 2025 to 5 July 2025.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 2) 2025 applies specifically to the delegation of powers and functions of the Minister for the Environment and Water to another Minister, in this case, the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government, during a specified period. This arrangement ensures continuity of governance and administration within the Environment and Water Portfolio while the primary Minister is temporarily unable to perform their duties. The authorisation encompasses all powers and functions conferred on the Minister for the Environment and Water by any Commonwealth law, thereby extending its reach across various environmental and water-related legislation. This authorisation is confined to the Commonwealth level and does not affect state or territory jurisdictions unless those jurisdictions' laws explicitly incorporate or reference Commonwealth powers. The instrument is effective from 30 June 2025 to 5 July 2025, during which the designated Minister can exercise the specified powers on behalf of the Minister for the Environment and Water. The authorisation does not introduce any new exclusions, exemptions, or thresholds beyond those already established under the existing laws governing the Environment and Water Portfolio.
Key Provisions
The primary sections of the Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 2) 2025 (F2025N00474) involve the delegation of specific powers and functions from the Minister for the Environment and Water, Senator the Hon Murray Watt, to the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development, and Local Government. Section 1 of the instrument states that the Minister for the Environment and Water, acting under sections 19 and 34AAB of the Acts Interpretation Act 1901, authorises the delegation. This authorisation allows the Hon Catherine King MP to exercise all the powers and functions of the Minister for the Environment and Water during the specified period, from Monday 30 June 2025 to Saturday 5 July 2025.
The Act imposes obligations on both the authorising and the delegated ministers. For the Minister for the Environment and Water, the obligation is to ensure that the delegation is appropriately documented and communicated, reflecting the legal requirements set out in sections 19 and 34AAB of the Acts Interpretation Act 1901. The Minister for Infrastructure, Transport, Regional Development, and Local Government, as the delegated minister, must exercise the delegated powers responsibly and in accordance with the law, ensuring that any actions taken do not exceed the scope of the authorisation provided. Both ministers must be aware of their respective roles and responsibilities throughout the period of delegation.
Breaches of the provisions of this instrument can lead to legal consequences. While the specific offences and penalties are not detailed in the Act, general legal principles apply, and breaches could result in both civil and criminal liabilities. Civil consequences might include actions for damages or injunctions to prevent further breaches, while criminal penalties could potentially include fines or imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the relevant laws governing the specific actions or omissions that constitute the breach.