EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance
Public Governance, Performance and Accountability Act 2013
PGPA Act Determination (Establishment of Ranger Rehabilitation Special Account 2017)
Purpose of this determination
This determination is made under subsection 78(1) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to establish the Ranger Rehabilitation Special Account 2017 (the special account).
The special account is being established to assist the Department of Industry, Innovation and Science to continue to rehabilitate the Ranger Project Area. The Ranger Project Area is part of the Ranger Uranium Mine operated by Energy Resources of Australia Ltd (ERA). ERA has obligations to rehabilitate this area, in accordance with the Ranger Uranium Project Government Agreement (as amended) and the conditions and restrictions set out in the written authority made under section 41 of the Atomic Energy Act 1953. The Department’s role is to manage the financial component of rehabilitation security through the special account until 8 January 2026.
The operating context of special accounts
A special account may be established, varied or revoked under the PGPA Act: by a determination made by the Minister for Finance (under section 78) or by an Act (see section 80).
A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund (CRF) for spending on specified purposes. The purposes of a special account are set out in the establishing determination or Act.
In accordance with section 81 of the Constitution, all revenues or moneys raised or received by the Commonwealth Executive Government form one CRF. Section 83 of the Constitution provides that such money may not be drawn from the Treasury except under an appropriation made by law.
- A special account enables revenues or moneys raised or received to be set aside for the purposes of that special account.
- Payments made for the purposes of a special account are supported by an appropriation in the PGPA Act; subsection 78(4) for a special account established by a determination or subsection 80(1) for a special account established by an Act.
Special account determinations
Special account determinations are legislative instruments under the Legislation Act 2003. Special account determinations may be varied or revoked by a subsequent determination being made in accordance with subsection 78(3) of the PGPA Act.
In accordance with subsection 79(3) of the PGPA Act, the Finance Minister must table a copy of such determinations in each House of the Parliament. Subsection 79(4) of the PGPA Act provides that special account determinations are subject to disallowance by either House of the Parliament. The disallowance period starts on the day a special account determination is tabled in the House and ends on the fifth sitting day after the determination was tabled in that House.
If neither House passes a resolution to disallow a special account determination, under subsection 79(5) it comes into effect on the day immediately after the last day on which it could have been disallowed, or on a later day if specified in the determination.
Human Rights
A Statement of Compatibility with Human Rights is not required for this determination. Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under section 42 of the Legislation Act 2003. While determinations made or varied under subsections 78(1) or 78(3) of the PGPA Act are subject to disallowance under section 79 of the PGPA Act, subsection 79(2) provides that they are not subject to disallowance under section 42 of the Legislation Act 2003. As such, a Statement of Compatibility with Human Rights is not required.
Consultation
The Department of Industry, Innovation and Science was consulted in the preparation of this determination.
Overview
The Public Governance, Performance and Accountability Act 2013 (PGPA Act) was enacted to ensure that public sector entities manage public money in a transparent, accountable, and efficient manner. The Act addresses the need for robust financial management and reporting systems within the public sector to enhance accountability and performance. This determination, made under subsection 78(1) of the PGPA Act, establishes the Ranger Rehabilitation Special Account 2017 to assist the Department of Industry, Innovation and Science in managing the financial aspects of rehabilitating the Ranger Project Area, part of the Ranger Uranium Mine. The establishment of this special account is intended to ensure that the necessary funds are available for rehabilitation efforts until 8 January 2026, in accordance with the commitments made by Energy Resources of Australia Ltd under the Ranger Uranium Project Government Agreement and the Atomic Energy Act 1953. The enactment of this special account reflects the policy objective of facilitating the timely and effective rehabilitation of the project area while maintaining fiscal responsibility and oversight.
Scope and Application
The Public Governance, Performance and Accountability Act 2013 PGPA Act Determination (Establishment of Ranger Rehabilitation Special Account 2017) establishes a special account to aid the Department of Industry, Innovation and Science in rehabilitating the Ranger Project Area, which is part of the Ranger Uranium Mine operated by Energy Resources of Australia Ltd. The special account is established to manage financial aspects of the rehabilitation until 8 January 2026, ensuring that the Department can effectively oversee the rehabilitation process as mandated by the Ranger Uranium Project Government Agreement and relevant authorities under the Atomic Energy Act 1953. This special account is an appropriation mechanism that allocates specific funds within the Consolidated Revenue Fund for this particular purpose, and it is subject to parliamentary scrutiny and disallowance procedures as outlined in the PGPA Act. The special account determinations, which are legislative instruments under the Legislation Act 2003, can be varied or revoked by subsequent determinations made by the Minister for Finance. The creation of this special account underscores the Commonwealth's commitment to ensuring that the rehabilitation obligations of the Ranger Project Area are met in a structured and accountable manner.
Key Provisions
This determination, made under subsection 78(1) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), establishes the Ranger Rehabilitation Special Account 2017 (the special account) to aid the Department of Industry, Innovation and Science in continuing the rehabilitation of the Ranger Project Area, which is part of the Ranger Uranium Mine operated by Energy Resources of Australia Ltd (ERA). The special account sets aside funds within the Consolidated Revenue Fund (CRF) for this specific purpose until 8 January 2026, as outlined in subsection 78(4) of the PGPA Act. This account is intended to help manage the financial component of rehabilitation security as mandated by the Ranger Uranium Project Government Agreement (as amended) and the conditions and restrictions in the written authority made under section 41 of the Atomic Energy Act 1953.
The establishment, variation, or revocation of a special account is governed by the PGPA Act, with the Minister for Finance making determinations under subsection 78(1) or by an Act under subsection 80. Special accounts are appropriation mechanisms that allow for the allocation of funds for specified purposes, ensuring that revenues or moneys raised or received by the Commonwealth Executive Government are directed appropriately. According to section 81 of the Constitution, all revenues or moneys raised or received by the Commonwealth Executive Government form one CRF, and section 83 of the Constitution mandates that such funds may only be drawn from the Treasury under an appropriation made by law. A special account ensures that these funds are set aside for the intended purpose, as detailed in the establishing determination or Act.
The special account determinations are legislative instruments under the Legislation Act 2003, and they may be varied or revoked by a subsequent determination in accordance with subsection 78(3) of the PGPA Act. The Finance Minister must table a copy of these determinations in each House of the Parliament, as per subsection 79(3) of the PGPA Act. The disallowance period for such determinations begins on the day they are tabled in the House and ends on the fifth sitting day after the determination was tabled in that House. If neither House passes a resolution to disallow a special account determination, it comes into effect on the day immediately after the last day on which it could have been disallowed, or on a later day if specified in the determination, as stated in subsection 79(5) of the PGPA Act.
While determinations made or varied under subsections 78(1) or 78(3) of the PGPA Act are subject to disallowance under section 79 of the PGPA Act, they are not subject to disallowance under section 42 of the Legislation Act 2003, as outlined in subsection 79(2). Therefore, a Statement of Compatibility with Human Rights is not required for this determination, in accordance with subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011. The Department of Industry, Innovation and Science was consulted in the preparation of this determination.