Australian Capital Territory Current Acts Australian Capital Territory Current ActsDictionary
(see s 2)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• bankrupt or personally insolvent
• body
• coroner
• Executive
• exercise
• function
• head of service
• judge
• magistrate
• Minister (see s 162)
• ombudsman
• public servant
• sitting day
• territory authority
• the Territory
• tribunal.
"agency" means an administrative unit or a prescribed authority.
"authorised person" means a person appointed by the commissioner to be an authorised person for this Act.
"commissioner" means the Commissioner for Sustainability and the Environment appointed under section 4.
"ecologically sustainable development" means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles:
(a) the precautionary principle;
(b) the inter-generational equity principle;
(c) conservation of biological diversity and ecological integrity;
(d) improved valuation and pricing of environmental resources.
"law of the Territory" includes part of such a law.
"officer" means—
(a) in relation to an administrative unit—
(i) a public servant (including the principal officer of that administrative unit) who is a member of that administrative unit; or
(ii) any other person (other than a Minister) authorised to exercise functions for that administrative unit by the principal officer of that administrative unit; and
Note Function includes authority, duty and power (see Legislation Act
, dict, pt 1).
(b) in relation to a prescribed authority—
(i) the person who constitutes, or is acting as the person who constitutes, the authority; or
(ii) a person who is, or is acting as, a member of the authority or is a deputy of such a member; or
(iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not the person is employed by the authority; or
(iv) a person authorised by the authority to exercise any functions of the authority for the authority.
"prescribed authority" means—
(a) a body corporate, or an unincorporated body, established for a public purpose under a law of the Territory other than—
(i) an incorporated company or association; or
(ii) a body that, under section 3 (1) (Entities not necessarily prescribed authorities) or a regulation, is not a prescribed authority for this Act; or
(b) any other body, whether incorporated or unincorporated, that is declared by regulation to be a prescribed authority for this Act, being—
(i) a body established by the Executive or by a Minister; or
(ii) an incorporated company or association over which the Territory is in a position to exercise control; or
(c) subject to section 3 (2), the person holding or performing the duties of an office, other than the office of ombudsman, established by a law of the Territory; or
(d) a person holding, or performing the duties of, an office declared by regulation to be an office the holder of which is a prescribed authority for this Act, being an office created by the Executive or by a Minister other than under a law of the Territory.
"principal officer" means—
(a) in relation to an administrative unit—the head of service or the director-general of that unit; or
(b) in relation to a prescribed authority—
(i) if a regulation declares an office to be the principal office in relation to the authority—the person holding, or performing the duties of, that office; or
(ii) in any other case—the person who constitutes that authority or a person acting in the person's office or, if the authority is constituted by 2 or more people, the person who is entitled to preside at any meeting of the authority at which the person is present or a person acting in the person's office.
"reporting year"—see the Annual Reports (Government Agencies) Act 2004
, dictionary.
"responsible Minister", in relation to an agency, means—
(a) subject to paragraphs (b) and (c), the Minister who is responsible for that agency; or
(b) in relation to a prescribed authority mentioned in the definition of "prescribed authority", paragraph (c)—the Minister administering the law of the Territory concerned; or
(c) in relation to a prescribed authority mentioned in the definition of "prescribed authority", paragraph (b) or (d)—the Minister declared by regulation to be the responsible Minister in relation to that authority;
or another Minister acting for that Minister.
"special report" means a report prepared by the commissioner under section 21.
"state of the environment report" means a report prepared by the commissioner under section 19.
"the inter-generational equity principle" means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
"the precautionary principle "means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
The Commissioner for Sustainability and the Environment Act 1993
was originally the Commissioner for the Environment Act 1993
. It was renamed by the Commissioner for the Environment Amendment Act 2012
A2012-25 (see s 5).
Commissioner for Sustainability and the Environment Act 1993 A1993-37
notified 29 June 1993 (Gaz 1993 No S111)
s 1, s 2 commenced 29 June 1993 (s 2 (1))
ss 3-18 and ss 20-28 commenced 1 July 1993 (s 2 (2) and Gaz 1993 No S129)
remainder (s 19) commenced 29 December 1993 (s 2 (3))
as amended by
Public Sector Management (Consequential and Transitional Provisions) Act 1994
A1994-38 sch 1 pt 17
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 17 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995
A1995-25 sch
notified 5 September 1995 (Gaz 1995 No S212)
sch commenced 5 September 1995 (s 2)
Ombudsman (Amendment) Act 1996
A1996-17 s 11
notified 1 May 1996 (Gaz 1996 No S71)
commenced 1 May 1996 (s 2)
Commissioner for the Environment (Amendment) Act 1997
A1997-29
notified 16 July 1997 (Gaz 1997 No S185)
commenced 16 July 1997 (s 2)
Remuneration Tribunal (Consequential Amendments) Act 1997
A1997-41 sch 1 (as am by A2002-49
amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by A2002-49
amdt 3.222)
Statute Law Revision (Penalties) Act 1998
A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Commissioner for the Environment Amendment Act 2000
A2000-73
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2)
Legislation (Consequential Amendments) Act 2001
A2001-44 pt 67
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 67 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 (No 2)
A2002-49 pt 1.1, amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 1.1 commenced 17 January 2003 (s 2 (1))
amdt 3.222 taken to have commenced 24 September 1997 (s 2 (3))
Annual Reports Legislation Amendment Act 2004
A2004-9 sch 1 pt 1.7
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.7 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004
A2004-8, s 2 and CN2004-5
)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004
A2004-15 sch 2 pt 2.18
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.18 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2007
A2007-3 sch 3 pt 3.20
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.20 commenced 12 April 2007 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007
A2007-25 sch 1 pt 1.7
notified LR 13 September
2007
s 1, s 2 commenced 13 September 2007 (LA s 75
(1))
sch 1 pt 1.7 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007
A2007-24, s 2 and CN2008-1
)
Statute Law Amendment Act 2009
A2009-20 sch 3 pt 3.15
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.15 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2010
A2010-18 sch 1 pt 1.4
notified LR 13 May 2010
s 1, s 2 commenced 13 May 2010 (LA s 75 (1))
sch 1 pt 1.4 commenced 3 June 2010 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011
A2011-22 sch 1 pt 1.30
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.30 commenced 1 July 2011 (s 2 (1))
Commissioner for the Environment Amendment Act 2012
A2012-25
notified LR 28 May 2012
s 1, s 2 commenced 28 May 2012 (LA s 75 (1))
remainder commenced 29 May 2012 (s 2)
Courts Legislation Amendment Act 2015
A2015-10 pt 4
notified LR 7 April 2015
s 1, s 2 commenced 7 April 2015 (LA s 75 (1))
pt 4 commenced 21 April 2015 (s 2 (2))
Public Sector Management Amendment Act 2016
A2016-52 sch 1 pt 1.13
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.13 commenced 1 September 2016 (s 2)
Planning and Environment Legislation Amendment Act 2019
A2019-20 pt 2
notified LR 8 August 2019
s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
pt 2 commenced 9 August 2019 (s 2)
Planning (Consequential Amendments) Act 2023
A2023-36 sch 1 pt 1.13
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.13 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023
A2023-18, s 2 (2) and CN2023-10
Courts Legislation Amendment Act 2023
A2023-37 sch 1 pt 1.1
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.1 commenced 30 September 2023 (s 2)
Planning and Environment Legislation Amendment Act 2024
A2024-21 pt 3, sch 1 pt 1.1
notified LR 24 May 2024
s 1, s 2 commenced 24 May 2024 (LA s 75 (1))
pt 3, sch 1 pt 1.1 commenced 31 May 2024 (s 2
(1))
Long
title
long title am A2012-25
Name of
Act
s 1 sub A2007-3
amdt 3.93; A2012-25
Dictionary
s
2 om A2001-44
amdt
1.765
ins A2007-3
amdt 3.97
Notes
s
2A ins A2007-3
amdt 3.97
Objects of
Act
s 2B ins A2012-25
s 6
Entities not necessarily prescribed
authorities
s 3 defs reloc to dict A2007-3
amdt
3.96
sub A2007-3
amdt
3.97
def Department om A1994-38
sch 1 pt
17
def Ombudsman om A1996-17
Commissioner for Sustainability and the
Environment
s 4 hdg sub A2012-25
amdt
3.98
am A2012-25
s 8
Term of
office
s 5 sub A2007-3
amdt 3.98
Remuneration and
allowances
s 6 om A1997-41
sch 1
Resignation
s
8 om A2007-3
amdt 3.99
Suspension and removal of
commissioner
s 9 am A2007-3
amdt 3.100, amdt 3.101; A2010-18
amdt 1.9
Delegation by
commissioner
s 11 sub A2007-3
amdt 3.102
Functions
s
12 am A2007-25
amdt 1.32; A2009-20
amdt 3.35, amdt 3.36; A2012-25
s 9; A2015-10
s 15; A2023-37
amdt 1.1, amdt 1.2; A2023-36
amdt 1.84; A2024-21
s 5, s 6
Complaints
s
13 sub A2001-44
amdt
1.766
am A2012-25
Discretion not to investigate certain
complaints
s 14 am A1995-25
sch; A2004-9
amdt
1.8
sub A2024-21
Complaints made to
agencies
s 14A ins A2024-21
Decision not to investigate
complaint—annual reporting
requirement
s 14B ins A2024-21
Investigations
s
15 am A1994-38
sch 1 pt 17; A1997-29
; ss renum R3
LA;
A2024-21
amdt 1.1
Power to obtain information and
documents
s 17 am A2004-15
amdt 2.44
Assistance to
commissioner
s 18 am A1994-38
sch 1 pt 17
State of the environment
report
s 19 sub A1997-29
am A2000-73
s 4; A2001-44
amdt 1.767; A2009-20
amdt 3.37; A2012-25
s 8
Information to be included in
commissioner's annual report
s
20 om A1995-25
sch
ins
A1997-29
sub A2004-9
Special
reports
s 21 am A1997-29
; A2012-25
s 14; A2019-20
Minister to table reports and
recommendations
s 22 am A1995-25
sch
sub A2000-73
s 5
am
A2012-25
s 15; A2024-21
Information to be included in agency annual
reports
s 23 sub A1995-25
sch; A2004-9
amdt
1.10
am A2024-21
Commissioner not to be
sued
s 24 am A2024-21
amdt 1.2
Referral to
ombudsman
s 25 am A1997-29
Offences
s
27 am A1998-54
sch
om
A2004-15
amdt 2.45
Approved
forms
s 28 sub A2001-44
amdt 1.768
Regulation-making
power
s 29 ins A2001-44
amdt 1.768
Validation
pt
6 hdg ins A2002-49
amdt
1.1
exp 17 January 2003 (s
32)
Validation of
appointment
s 30 ins A2002-49
amdt
1.1
exp 17 January 2003 (s
32)
Validation of acts, rights and
obligations
s 31 ins A2002-49
amdt
1.1
exp 17 January 2003 (s
32)
Expiry of pt
6
s 32 ins A2002-49
amdt
1.1
exp 17 January 2003 (s
32)
Dictionary
dict ins
A2007-3
amdt
3.103
am A2010-18
amdt 1.10; A2012-25
s 16; A2016-52
amdt 1.48; A2023-37
amdt 1.3; A2024-21
s 15, s
16
def agency am A1994-38
sch 1 pt
17
reloc from s 3 A2007-3
amdt
3.96
def authorised person
reloc from s 3 A2007-3
amdt
3.96
def commissioner reloc
from s 3 A2007-3
amdt
3.96
sub A2012-25
s
17
def ecologically sustainable
development ins A2012-25
s 18
def law of the Territory
reloc from s 3 A2007-3
amdt
3.96
def officer am A1994-38
sch 1 pt
17
reloc from s 3 A2007-3
amdt
3.96
def pre-election year
ins A1997-29
amdt
3.96
om A2024-21
s
17
def prescribed authority
am A2007-3
amdt 3.94, amdt
3.95
reloc from s 3 A2007-3
amdt
3.96
def principal officer
am A1996-17
amdt
3.96
am A2011-22
amdt 1.96; A2016-52
amdt
1.49
def reporting year ins
A2024-21
s
18
def responsible Minister
reloc from s 3 A2007-3
amdt
3.96
def special report ins
A2024-21
s
18
def state of the environment
report ins A2024-21
s
18
def the inter-generational
equity principle ins A2012-25
s 19
def the precautionary
principle ins A2012-25
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
A1994-38 |
31 January 1995
2
A1997-41
31 December 1997
3
A2001-44
15 January 2002
4
A2002-49
17 January 2003
5
A2002-49
18 January 2003
5 (RI)
A2002-49
‡
6 February 2003
6
A2004-15
9 April 2004
7
A2004-15
13 April 2004
8
A2007-3
12 April 2007
9*
A2007-25
31 March 2008
10
A2009-20
22 September 2009
11
A2010-18
3 June 2010
12
A2011-22
1 July 2011
13
A2012-25
29 May 2012
14
A2015-10
21 April 2015
15
A2016-52
1 September 2016
16
A2019-20
9 August 2019
17
A2023-37
30 September 2023
18
A2023-37
27 November 2023
‡ includes retrospective amendments by A2002-49
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Australian Capital Territory 2024