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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Natural Resources Commission
Bill 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects 2
4 Definitions 2
5 Natural resource management--application of Act 3
Part 2 Establishment of Natural Resources Commission
6 Establishment of Commission 4
7 Commissioner 4
8 Assistant Commissioners 4
9 Provisions relating to Commissioner and Assistant
Commissioners 4
10 Staff of the Commission 4
11 Ministerial control and functions 5
Natural Resources Commission Bill 2003
Contents
Page
Part 3 Functions of Natural Resources Commission
12 General functions 6
13 Specific functions 6
14 Guiding principles 6
15 Reports 7
16 Assistance to Commission 7
17 Delegation of Commission's functions 8
Part 4 Miscellaneous
18 Act binds the Crown 9
19 Cabinet documents and proceedings 9
20 Proof of certain matters not required 9
21 Proceedings for offences 9
22 Regulations 10
23 Amendment of other Acts and instruments 10
24 Savings, transitional and other provisions 10
25 Review of Act 10
Schedule 1 Provisions relating to Commissioner and
Assistant Commissioners 11
Schedule 2 Amendment of other Acts and instruments 14
Schedule 3 Savings, transitional and other provisions 19
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Natural Resources Commission
Bill 2003
Act No , 2003
An Act to establish the Natural Resources Commission; to confer functions on
the Commission with respect to natural resource management; to amend various
Acts consequentially; and for other purposes.
See also Native Vegetation Act 2003, Catchment Management Authorities Act 2003.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Natural Resources Commission Bill 2003
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Natural Resources Commission Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Objects
The object of this Act is to establish an independent body with broad
investigating and reporting functions for the purposes of:
(a) establishing a sound scientific basis for the properly informed
management of natural resources in the social, economic and
environmental interests of the State, and
(b) enabling the adoption of State-wide standards and targets for
natural resource management issues, and
(c) advising on the circumstances in which broadscale clearing is
to be regarded as improving or maintaining environmental
outcomes for the purposes of the Native Vegetation Act 2003.
4 Definitions
In this Act:
Assistant Commissioner means an Assistant Commissioner for the
Natural Resources Commission.
catchment management authority means a catchment management
authority established under Part 2 of the Catchment Management
Authorities Act 2003.
Commission means the Natural Resources Commission established
under Part 2.
Commissioner means the Commissioner for the Natural Resources
Commission.
exercise a function includes perform a duty.
function includes a power, authority or duty.
Page 2
Natural Resources Commission Bill 2003 Clause 5
Preliminary Part 1
government agency means any public or local authority, and
includes:
(a) a government department, State owned corporation and
council of a local government area, and
(b) the head of a government agency.
natural resource management--see section 5.
5 Natural resource management--application of Act
For the purposes of this Act, natural resource management extends
to the following matters relating to the management of natural
resources:
(a) water,
(b) native vegetation,
(c) salinity,
(d) soil,
(e) biodiversity,
(f) coastal protection,
(g) marine environment (except a matter arising under the
Fisheries Management Act 1994 or the Marine Parks Act
1997),
(h) forestry,
(i) any other matter concerning natural resources prescribed by
the regulations.
Page 3
Clause 6 Natural Resources Commission Bill 2003
Part 2 Establishment of Natural Resources Commission
Part 2 Establishment of Natural Resources
Commission
6 Establishment of Commission
(1) There is established by this Act a Natural Resources Commission.
The Commission is a body corporate.
(2) The functions of the Commission are exerciseable by the
Commissioner, and any act, matter or thing done in the name of, or
on behalf of, the Commission by the Commissioner, or with the
authority of the Commissioner, is taken to have been done by the
Commission.
7 Commissioner
(1) The Governor may appoint a Commissioner for the Natural
Resources Commission.
(2) The Commissioner has the functions conferred or imposed on the
Commissioner by or under this or any other Act.
8 Assistant Commissioners
(1) The Commissioner may, with the concurrence of the Minister,
appoint Assistant Commissioners for the Natural Resources
Commission.
(2) An Assistant Commissioner has the functions conferred or imposed
on the Assistant Commissioner by or under this or any other Act.
(3) An Assistant Commissioner is to assist the Commissioner, as the
Commissioner requires.
9 Provisions relating to Commissioner and Assistant Commissioners
Schedule 1 has effect with respect to the Commissioner and an
Assistant Commissioner.
10 Staff of the Commission
(1) The staff of the Commission are to be employed under Chapter 2 of
the Public Sector Employment and Management Act 2002.
(2) The Commission may arrange for the use of the services of any staff
or facilities of a government agency.
Page 4
Natural Resources Commission Bill 2003 Clause 11
Establishment of Natural Resources Commission Part 2
(3) For the purposes of this Act, a person employed under subsection
(1) or whose services are made use of under subsection (2) is a
member of staff of the Commission.
11 Ministerial control and functions
(1) The Commission is not subject to Ministerial control in respect of
the preparation and contents of any advice or recommendation of
the Commission, but in other respects is subject to the control and
direction of the Minister.
(2) The Minister may delegate any of the Minister's functions under
this Act (other than this power of delegation) to another Minister.
Page 5
Clause 12 Natural Resources Commission Bill 2003
Part 3 Functions of Natural Resources Commission
Part 3 Functions of Natural Resources Commission
12 General functions
(1) The Commission has the general function of providing the
Government with independent advice on natural resource
management.
(2) The Commission has such other functions as are conferred or
imposed on it by or under this Act.
13 Specific functions
The Commission has the following functions:
(a) to recommend State-wide standards and targets for natural
resource management issues,
(b) to recommend the approval, under the Catchment
Management Authorities Act 2003, of catchment action plans
of catchment management authorities that are consistent with
State-wide standards and targets adopted by the Government
for natural resource management issues,
(c) to undertake audits of the effectiveness of the implementation
of those plans in achieving compliance with those State-wide
standards and targets as it considers appropriate,
(d) to undertake audits of those plans and other natural resource
management issues as required by the Minister,
(e) to co-ordinate or undertake significant natural resource and
conservation assessments as required by the Minister,
(f) to undertake inquiries on natural resource management issues
as required by the Minister,
(g) to assist in the reconciliation of particular complex natural
resource management issues that are referred to the
Commission by the Minister,
(h) to advise the Minister on priorities for research concerning
natural resource management issues,
(i) to arrange for information to be gathered and disseminated on
natural resource management issues.
14 Guiding principles
In exercising its functions, the Commission is to have regard to:
(a) the principles of ecologically sustainable development, and
Page 6
Natural Resources Commission Bill 2003 Clause 15
Functions of Natural Resources Commission Part 3
(b) the social and economic implications of its recommendations
and advice, and
(c) an integrated approach to natural resource management
issues, and
(d) regional variation in the environment, and
(e) indigenous knowledge of natural resource management, and
(f) State and national legislation and policies that are relevant to
natural resource management.
15 Reports
(1) The Commission is to provide the Minister with reports on the
exercise of all its functions under section 13.
(2) The Commission is to provide the Minister with annual reports on
its work and activities, including on:
(a) the outcomes of any audits or inquiries it has undertaken
during the reporting period, and
(b) the progress in achieving compliance with State-wide
standards and targets adopted by the Government, including
the effectiveness of the implementation of catchment action
plans in achieving compliance with those standards and
targets.
(3) Each report of the Commission is to be made public within a
reasonable time after it is provided to the Minister.
(4) A report of the Commission may be included in the annual report of
the Commission under the Annual Reports (Statutory Bodies) Act
1984.
16 Assistance to Commission
(1) The Commission may enter arrangements with any government
agency or other body or person (including the engagement of
consultants) for the provision of assistance to the Commission in
connection with the exercise of its functions.
(2) The Commission may obtain advice from any advisory committee
appointed by the Commission.
(3) The Commission may, for the purposes of exercising its functions,
direct a government agency to provide the Commission with any
relevant information held by the agency, and the agency must
(subject to subsection (4)) comply with the direction.
Page 7
Clause 17 Natural Resources Commission Bill 2003
Part 3 Functions of Natural Resources Commission
(4) If a dispute arises about any such direction, the dispute may be
referred to the Premier for resolution.
17 Delegation of Commission's functions
The Commission may delegate any of its functions, other than this
power of delegation, to:
(a) an Assistant Commissioner, or
(b) a committee of persons (at least one member of which is the
Commissioner or an Assistant Commissioner).
Page 8
Natural Resources Commission Bill 2003 Clause 18
Miscellaneous Part 4
Part 4 Miscellaneous
18 Act binds the Crown
This Act binds the Crown, not only in right of New South Wales but
also, so far as the legislative power of Parliament permits, the
Crown in all its other capacities.
19 Cabinet documents and proceedings
(1) This Act does not enable the Commission:
(a) to require any person to give any statement of information or
answer any question which relates to confidential proceedings
of Cabinet, or
(b) to require any person to produce a Cabinet document, or
(c) to inspect a Cabinet document.
(2) For the purposes of this section, a certificate of the head of The
Cabinet Office that any information or question relates to
confidential proceedings of Cabinet or that a document is a Cabinet
document is conclusive of the matter certified.
(3) In this section:
Cabinet includes a committee of Cabinet or a subcommittee of such
a committee.
Cabinet document means a document that is a restricted document
by virtue of clause 1 of Part 1 of Schedule 1 of the Freedom of
Information Act 1989.
20 Proof of certain matters not required
In any legal proceedings, proof is not required (unless evidence is
given to the contrary) of the appointment of, or the holding of office
by, the Commissioner or an Assistant Commissioner.
21 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to
be dealt with summarily before a Local Court.
Page 9
Clause 22 Natural Resources Commission Bill 2003
Part 4 Miscellaneous
22 Regulations
(1) The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect
to the disclosure of pecuniary interests by the Commissioner and an
Assistant Commissioner.
(3) A regulation may create an offence punishable by a penalty not
exceeding 100 penalty units.
23 Amendment of other Acts and instruments
The Acts and instruments specified in Schedule 2 are amended as
set out in that Schedule.
24 Savings, transitional and other provisions
Schedule 3 has effect.
25 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of 5
years.
Page 10
Natural Resources Commission Bill 2003
Provisions relating to Commissioner and Assistant Commissioners Schedule 1
Schedule 1 Provisions relating to Commissioner and
Assistant Commissioners
(Section 9)
1 Acting Commissioner or Assistant Commissioner
(1) The Minister may appoint a person to act in the office of
Commissioner during the illness or absence of the Commissioner.
(2) The Commissioner may, with the concurrence of the Minister,
appoint a person to act in the office of Assistant Commissioner.
(3) A person, while acting in the office of Commissioner or Assistant
Commissioner under this clause has all of the functions of the
Commissioner or Assistant Commissioner (as the case requires).
(4) A power to appoint a person to an office under this clause includes
the power to remove the person from that office at any time.
(5) A person while acting under this clause is entitled to be paid such
remuneration (including travelling and subsistence allowances) as
the Minister may from time to time determine.
(6) For the purposes of this clause:
(a) a vacancy in the office of Commissioner or Assistant
Commissioner is to be regarded as an absence from the office
of the Commissioner or Assistant Commissioner, and
(b) during any period when an Assistant Commissioner acts in
the office of Commissioner under this clause, the Assistant
Commissioner is to be regarded as absent from office as
Assistant Commissioner.
2 Basis of offices
(1) The office of Commissioner or Assistant Commissioner may be a
full-time office or part-time office, according to the terms of
appointment.
(2) The holder of such a full-time office is required to hold it on that
basis, except to the extent permitted by the Minister.
3 Terms of office
(1) Subject to this Act, the Commissioner or an Assistant
Commissioner holds office for such period (not exceeding 5 years)
as is specified in the instrument of appointment, but is eligible (if
otherwise qualified) for re-appointment.
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Natural Resources Commission Bill 2003
Schedule 1 Provisions relating to Commissioner and Assistant Commissioners
(2) The instrument of appointment of an Assistant Commissioner may
provide that the person holds office until:
(a) the expiry of a specified period (not exceeding 5 years), or
(b) the completion by the Assistant Commissioner of a specified
report, audit or inquiry,
whichever first occurs.
4 Remuneration
(1) A full-time Commissioner or Assistant Commissioner is entitled to
be paid:
(a) remuneration in accordance with the Statutory and Other
Offices Remuneration Act 1975, and
(b) such travelling or subsistence allowances as the Minister may
from time to time determine in respect of the person.
(2) A part-time Commissioner or Assistant Commissioner is entitled to
be paid such remuneration (including travelling and subsistence
allowances) as the Minister may from time to time determine in
respect of the person.
5 Vacancy in office
(1) The office of the Commissioner or an Assistant Commissioner
becomes vacant if the person:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Minister under this clause or the
Governor under Chapter 5 of the Public Sector Employment
and Management Act 2002, or
(e) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of his or her
remuneration for their benefit, or
(f) becomes a mentally incapacitated person, or
Page 12
Natural Resources Commission Bill 2003
Provisions relating to Commissioner and Assistant Commissioners Schedule 1
(g) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence
so punishable.
(2) The Minister may remove the Commissioner or an Assistant
Commissioner from office for misbehaviour, incompetence or
incapacity.
6 Filling of vacancy
(1) If the office of Commissioner becomes vacant, a person is, subject
to this Act, to be appointed to fill the vacancy.
(2) If the office of an Assistant Commissioner becomes vacant, a person
may, subject to this Act, be appointed to fill the vacancy.
7 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management Act
2002 does not apply to or in respect of the appointment of the
Commissioner or an Assistant Commissioner.
(2) If, by or under any Act, provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office,
or
(b) prohibiting the person from engaging in employment outside
the duties of that office,
the provision does not operate to disqualify the person from holding
that office and also the office of a part-time Commissioner or
Assistant Commissioner or from accepting and retaining any
remuneration payable to the person under this Act as a part-time
Commissioner or Assistant Commissioner.
8 Personal liability
A matter or thing done or omitted to be done by the Commission,
the Commissioner, an Assistant Commissioner or a person acting
under the direction of the Commission does not, if the matter or
thing was done or omitted to be done in good faith for the purpose
of executing this or any other Act, subject the Commissioner, an
Assistant Commissioner or a person so acting personally to any
action, liability, claim or demand.
Page 13
Natural Resources Commission Bill 2003
Schedule 2 Amendment of other Acts and instruments
Schedule 2 Amendment of other Acts and instruments
(Section 23)
2.1 Coastal Protection Act 1979 No 13
[1] Long title
Omit "to constitute the Coastal Council of New South Wales and to
specify its functions;".
[2] Section 3 Objects of this Act
Omit section 3 (h).
[3] Section 4B Inspection of maps outlining coastal zone
Omit "Director-General of the Department of Urban Affairs and
Planning" from section 4B (1).
Insert instead "Director-General of the Department of Infrastructure,
Planning and Natural Resources".
[4] Section 4B (2)
Omit "Director-General of the Department of Land and Water
Conservation".
Insert instead "Director-General of the Department of Infrastructure,
Planning and Natural Resources".
[5] Part 2 The Coastal Council of New South Wales
Omit the Part.
2.2 Fisheries Management Act 1994 No 38
[1] Section 7A Definitions
Omit the definition of Fisheries Resource Conservation and Assessment
Council.
[2] Section 7C Fishery management strategy for designated activities
Omit section 7C (3).
Page 14
Natural Resources Commission Bill 2003
Amendment of other Acts and instruments Schedule 2
[3] Section 7F Revision of draft strategy and publication of approved
strategy following environmental assessment
Omit section 7F (2).
[4] Part 8, Division 1A Fisheries Resource Conservation and
Assessment Council
Omit the Division.
2.3 Fisheries Management (General) Regulation 2002
[1] Part 12, Division 2 Fisheries Resource Conservation and
Assessment Council
Omit the Division.
[2] Clause 348 Establishment of advisory councils
Omit clause 348 (c).
[3] Clause 351 Advisory Council on Fisheries Conservation
Omit the clause.
2.4 Forestry and National Park Estate Act 1998 No 163
[1] Section 3 Definitions
Omit the definition of Resource and Conservation Assessment Council.
[2] Section 15 Requirement for NRC forest assessment before
agreement made
Omit "Resource and Conservation Assessment Council" and "Council"
wherever occurring.
Insert instead "Natural Resources Commission" and "Commission"
respectively.
[3] Section 25 Purpose of integrated forestry operations approvals
Omit "Resource and Conservation Assessment Council" from section
25 (a).
Insert instead "Natural Resources Commission".
Page 15
Natural Resources Commission Bill 2003
Schedule 2 Amendment of other Acts and instruments
2.5 Freedom of Information Regulation 2000
Schedule 3 Public authorities
Omit the matter relating to the following from Part 3:
Healthy Rivers Commission
NSW Coastal Council
2.6 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Coastal Council of New South Wales".
Insert instead in alphabetical order "Natural Resources Commission".
2.7 Public Finance and Audit Regulation 2000
Clause 17 Definitions of "authority" and "officer of an authority"
Omit "Coastal Council of New South Wales" from the Table to clause
17 (4).
2.8 State Environmental Planning Policy No 71--Coastal
Protection
[1] Clause 3 Definitions
Omit the definition of Coastal Council from clause 3 (1).
[2] Clauses 18 (1) (e), 21 (2) and 22 (1) (b)
Omit "Coastal Council" wherever occurring.
Insert instead "Natural Resources Commission".
Page 16
Natural Resources Commission Bill 2003
Amendment of other Acts and instruments Schedule 2
2.9 Statutory and Other Offices Remuneration Act 1975 (1976
No 4)
Schedule 2 Public offices
Insert at the end of Part 1 of the Schedule:
Commissioner for the Natural Resources Commission (being
a full-time office holder)
Assistant Commissioner for the Natural Resources
Commission (being a full-time office holder)
2.10 Water Management Act 2000 No 92
[1] Chapter 8, Part 1 Water Advisory Council
Omit the Part.
[2] Section 397 Exclusion of personal liability
Omit section 397 (2) (b).
[3] Schedule 6, heading
Omit "Water Advisory Council and management committees".
Insert instead "Management committees".
[4] Schedule 6
Omit "Sections 13 and 369". Insert instead "Section 13".
[5] Schedule 6, clauses 1, 4-6, 7 (1) and (7) and 8-14
Omit "the Water Advisory Council and" and "the Water Advisory Council
or" wherever occurring.
[6] Schedule 6, clause 3 (a)
Omit the paragraph.
[7] Schedule 6, clauses 5 (1) (b) and 7
Omit "the Council or" wherever occurring. Insert instead "the".
Page 17
Natural Resources Commission Bill 2003
Schedule 2 Amendment of other Acts and instruments
[8] Schedule 6, clause 7 (3), (4) and (6)
Omit "Water Advisory Council or" wherever occurring.
[9] Dictionary
Omit the definition of Water Advisory Council.
Page 18
Natural Resources Commission Bill 2003
Savings, transitional and other provisions Schedule 3
Schedule 3 Savings, transitional and other provisions
(Section 24)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Part 2 Abolition of existing advisory bodies
2 Abolition of existing bodies
(1) The following bodies are abolished:
Resource and Conservation Assessment Council (also called the
Resource Assessment and Advisory Council)
Healthy Rivers Commission
Coastal Council
State Catchment Management Co-ordinating Committee
Native Vegetation Advisory Council
Water Advisory Council
State Wetland Advisory Committee
State Weir Review Committee
Advisory Council on Fisheries Conservation
Fisheries Resource Conservation and Assessment Council
Page 19
Natural Resources Commission Bill 2003
Schedule 3 Savings, transitional and other provisions
(2) Any person holding office as a member of any such body
immediately before its abolition:
(a) ceases to hold office, and
(b) is not entitled to any compensation because of the loss of that
office.
(3) On the abolition of any such body, any assets or liabilities of the
body become the assets and liabilities of the Commission.
(4) A reference in any other Act, statutory instrument or document to
any such body is to be construed as a reference to the Commission.
Page 20
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