Order to Establish the North Queensland Water Infrastructure Authority as an Executive Agency

Overview

The Public Service Act 1999, under which the North Queensland Water Infrastructure Authority was established as an Executive Agency, was enacted to facilitate the administration of the Commonwealth public service by allowing for the creation of agencies to manage specific projects and initiatives. The 1999 Act aimed to address the need for streamlined and efficient management of large-scale infrastructure projects by enabling the delegation of certain public service functions to executive agencies, thereby enhancing the capacity of the Commonwealth to deliver infrastructure and other projects effectively. The establishment of the North Queensland Water Infrastructure Authority as an Executive Agency under this Act reflects the policy objective of providing strategic planning and coordination for the Hughenden Irrigation Scheme and the Hells Gates Dam Scheme (including Big Rocks Weir) project, as well as facilitating information sharing among relevant regulatory authorities. The enacting body responsible for this Order was the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, with the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development designated as the Minister responsible for the Executive Agency.

Scope and Application

The Public Service Act 1999, under which this Order has been made, facilitates the establishment of executive agencies like the North Queensland Water Infrastructure Authority. This particular Order applies to the establishment of the Authority as an Executive Agency, allocating it a specific name and designating its head as the Chief Executive Officer. The Authority is under the purview of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, who is responsible for its oversight and functions. The Order specifies the primary functions of the Authority, which include strategic planning and coordination of Commonwealth resources for the implementation of the Hughenden Irrigation Scheme project and the Hells Gates Dam Scheme (including Big Rocks Weir) project. Additionally, the Authority is tasked with coordinating information sharing among relevant regulatory authorities and providing advice to the Minister on the progress of these projects, as well as undertaking other relevant tasks as required by the Minister. This Order applies to the Commonwealth of Australia, specifically targeting the stated projects in North Queensland, and it comes into effect on the date of its gazette, establishing clear jurisdictional reach and functional scope.

Key Provisions

The Order, made under section 65 of the Public Service Act 1999, establishes the North Queensland Water Infrastructure Authority as an Executive Agency. The key provisions of this Order include the establishment of the Authority (section 1(a)), the allocation of its name (section 1(b)), the naming of its Head (section 1(c)), and the identification of the Minister responsible for the Authority (section 1(d)). Furthermore, the Order outlines the specific functions of the Authority, which include strategic planning and coordination of Commonwealth resources for the Hughenden Irrigation Scheme project and the Hells Gates Dam Scheme (including Big Rocks Weir) project (section 1(e)(i)). It also mandates the coordination of information sharing among relevant regulatory authorities, the provision of advice to the Minister on the progress of the projects, and the undertaking of any other tasks as required by the Minister from time to time (section 1(e)(ii)-(iv)). The obligations and requirements imposed by this Order on the North Queensland Water Infrastructure Authority and the Minister are significant. The Authority is tasked with ensuring effective strategic planning and coordination of Commonwealth resources to implement the two major projects mentioned. This involves working closely with relevant regulatory authorities to share information and ensure compliance with all regulatory requirements. Additionally, the Authority must provide regular updates and advice to the Minister on the progress of the projects, enabling informed decision-making and oversight. The Minister, in turn, has the responsibility of overseeing the Authority's activities, providing direction, and ensuring that the projects are progressing as planned. Breach of any of the provisions of this Order, or failure to comply with the obligations and requirements outlined, could result in serious consequences. While the specific offences, penalties, and consequences for breach are not detailed in the Order itself, under the Public Service Act 1999, breaches of the Act can lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions. It is important for all parties involved to understand their obligations under this Order and to ensure compliance to avoid any potential legal repercussions.