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This is a Bill, not an Act. For current law, see the Acts databases.
Rural Communities Impacts Bill 2004
No , 2004
A Bill for
An Act to require the preparation of rural communities impact statements and to
specify the circumstances in which they are required; and for other purposes.
Clause 1 Rural Communities Impacts Bill 2004
Part 1 Preliminary
1
The Legislature of New South Wales enacts:
Part 1 Preliminary 2
3
1 Name of Act
4
This Act is the Rural Communities Impacts Act 2004.
5
2 Commencement
6
This Act commences on the date of assent.
7
3 Meaning of "rural community"
8
(1) For the purposes of this Act, the part of the State that is outside the
9
following metropolitan areas comprises the rural community:
10
(a) the Sydney metropolitan area, that is, the area constituted by
11
the local government areas of Ashfield, Auburn, Bankstown,
12
Baulkham Hills, Blacktown, Botany Bay, Burwood, Camden,
13
Campbelltown, Canada Bay, Canterbury, Fairfield,
14
Hawkesbury, Holroyd, Hornsby, Hunters Hill, Hurstville,
15
Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool,
16
Manly, Marrickville, Mosman, North Sydney, Parramatta,
17
Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield,
18
Sutherland, Sydney, Warringah, Waverley, Willoughby and
19
Woollahra,
20
(b) the Newcastle metropolitan area, that is, the area constituted
21
by the local government areas of Lake Macquarie and
22
Newcastle,
23
(c) the Wollongong metropolitan area, that is, the area constituted
24
by the local government areas of Shellharbour and
25
Wollongong.
26
(2) The rural community consists of any number of recognised rural
27
communities in the State.
28
4 Other definitions
29
In this Act:
30
environmental planning instrument means:
31
(a) a State environmental planning policy, or
32
(b) a regional environmental plan, or
Page 2
Rural Communities Impacts Bill 2004 Clause 4
Preliminary Part 1
1
(c) a local environmental plan,
2
which all have the same meaning as in the Environmental Planning
3
and Assessment Act 1979.
4
Government Member of Parliament means a member of
5
Parliament who is a member of the one or more parties that make up
6
the Government.
7
Rural Communities Impact Assessment Unit means the branch of
8
the Cabinet Office established under section 21.
9
statutory rule means a regulation, by-law, rule or ordinance:
10
(a) that is made by the Governor, or
11
(b) that is made by a person or body other than the Governor, but
12
is required by law to be approved or confirmed by the
13
Governor.
Page 3
Clause 5 Rural Communities Impacts Bill 2004
Part 2 Requirements of rural communities impact statements
Part 2 Requirements of rural communities impact 1
statements 2
3
5 Rural communities impact statements must be written by Rural
4
Communities Impact Assessment Unit
5
A rural communities impact statement is not valid for the purposes
6
of this Act unless it is written by the Rural Communities Impact
7
Assessment Unit.
8
6 Matters that must be covered by a rural communities impact
9
statement
10
(1) A rural communities impact statement that is required to be
11
prepared by this Act in relation to a proposed Bill, statutory rule,
12
environmental planning instrument or decision is not valid for the
13
purposes of this Act unless it includes the following matters:
14
(a) a detailed description of any costs that are likely to be placed
15
on businesses in the rural community in order to comply with
16
the relevant legislation or decision (whether or not the same
17
costs would be imposed on any other community),
18
(b) an examination of the likely impact of those costs on
19
development and employment in the rural community
20
(whether or not there would be the same impact on any other
21
community),
22
(c) special emphasis on the modelling of the likely impact on the
23
rural community that would occur or remain 5 years after the
24
legislation or decision is made (whether or not there would be
25
the same impact on any other community),
26
(d) an examination of the likely impact of the proposed
27
legislation or decision on the social structures and well-being
28
of the rural community (whether or not there would be the
29
same impact on any other community),
30
(e) an examination of the likely impact of the proposed
31
legislation or decision on the availability of public transport,
32
health services, education facilities, policing, courts,
33
government advisory services and infrastructure provision in
34
the rural community (whether or not there would be the same
35
impact on any other community),
Page 4
Rural Communities Impacts Bill 2004 Clause 7
Requirements of rural communities impact statements Part 2
1
(f) an examination of the likely impact of the proposed
2
legislation or decision on the natural environment, having
3
regard to the need to balance economic and social well-being
4
with environmental sustainability.
5
(2) If any of the above matters is not applicable to the relevant
6
legislation or decision under consideration, a rural communities
7
impact statement complies with this section if it merely states that
8
the matter is not applicable.
9
7 Other matters may be included
10
In addition to the matters listed in section 6, a rural communities
11
impact statement may consider other aspects of the likely impact of
12
the proposed legislation or decision on the rural community.
13
8 A finding of "no likely impact" is acceptable
14
A rural communities impact statement may (if appropriate) merely
15
state that the relevant Bill, statutory rule, environmental planning
16
instrument or decision has "no likely impact" on the rural
17
community.
Page 5
Clause 9 Rural Communities Impacts Bill 2004
Part 3 Assessment of likely impact of proposed Acts on rural communities
Part 3 Assessment of likely impact of proposed 1
Acts on rural communities 2
3
9 Likely impact on rural communities must be assessed before a Bill
4
is considered by the Cabinet
5
A Minister, or a Government Member of Parliament, who intends to
6
introduce a Bill into either House of Parliament must ensure, before
7
the Bill is considered by the Cabinet:
8
(a) that a rural communities impact statement has been prepared
9
in relation to the Bill, which provides information about the
10
likely impact of the proposed Act on the rural community, and
11
(b) that the Minister or Member has given consideration as to
12
whether or not the proposed Act will have any likely impact
13
on the rural community by having regard to the rural
14
communities impact statement and any other submissions or
15
matters that the Minister or Member considers appropriate.
16
10 Likely impact on rural communities must be disclosed to Members
17
of Parliament before a Bill is considered by Parliament
18
A Minister, or a Government Member of Parliament, who
19
introduces a Bill into either House of Parliament must ensure that,
20
before the second reading of that Bill in that House, a copy of the
21
rural communities impact statement in relation to the Bill has been
22
tabled in that House of Parliament.
Page 6
Rural Communities Impacts Bill 2004 Clause 11
Assessment of likely impact of proposed statutory rules on rural Part 4
communities
Part 4 Assessment of likely impact of proposed 1
statutory rules on rural communities 2
3
11 Minister on whom this Part imposes obligations
4
The obligations under this Part are imposed on the Minister
5
administering the Act under which a statutory rule is or is proposed
6
to be made.
7
12 Likely impact on rural communities must be determined before a
8
statutory rule is submitted to Governor
9
A Minister who intends to submit a proposed statutory rule for
10
making by the Governor, or for the approval of or confirmation by
11
the Governor, must, before submitting the proposed statutory rule,
12
ensure:
13
(a) that a rural communities impact statement has been prepared
14
in relation to the statutory rule, which provides information
15
about the likely impact of the statutory rule on the rural
16
community, and
17
(b) that the Minister has given consideration as to whether or not
18
the proposed statutory rule will have a likely impact on the
19
rural community, by having regard to the rural communities
20
impact statement and any other submissions or matters that
21
the Minister considers appropriate.
22
13 Public notice of rural communities impact statement required before
23
certain statutory rules are made
24
(1) This section applies to a statutory rule in relation to which section 5
25
of the Subordinate Legislation Act 1989 requires a regulatory
26
impact statement to be prepared and made available or made
27
available for inspection.
28
(2) If this section applies, the regulatory impact statement must include
29
the rural communities impact statement for the proposed statutory
30
rule.
31
14 Tabling of rural communities impact statement required in relation
32
to all statutory rules
33
The Minister responsible for a statutory rule must ensure that the
34
notice of the making of a statutory rule that is required to be given
35
by section 40 of the Interpretation Act 1987 is accompanied by the
36
rural communities impact statement for the statutory rule.
Page 7
Clause 15 Rural Communities Impacts Bill 2004
Part 4 Assessment of likely impact of proposed statutory rules on rural
communities
15 Other public notice of rural communities impact statement required 1
2
in relation to all statutory rules
3
The Minister responsible for a statutory rule must ensure that notice
4
of the rural communities impact statement for the statutory rule, and
5
where it can be accessed both in print and electronically, is printed
6
in the same Gazette as that in which the statutory rule is published.
Page 8
Rural Communities Impacts Bill 2004 Clause 16
Assessment of likely impact of proposed environmental planning Part 5
instruments on rural communities
Part 5 Assessment of likely impact of proposed 1
environmental planning instruments on rural 2
communities 3
4
16 Likely impact on rural communities must be determined before a
5
proposed State environmental planning policy is recommended to
6
Governor
7
A Minister who intends to recommend to the Governor the making
8
of a proposed State environmental planning policy must, before
9
recommending the proposed policy, ensure:
10
(a) that a rural communities impact statement has been prepared
11
in relation to the proposed policy, which provides information
12
about the likely impact of the proposed policy on the rural
13
community, and
14
(b) that the rural communities impact statement was made
15
available to the public at the same time and in the same way
16
as the proposed policy was publicly exhibited under the
17
Environmental Planning and Assessment Act 1979, and
18
(c) that the Minister has given consideration as to whether or not
19
the policy will have a likely impact on the rural community by
20
having regard to the rural communities impact statement and
21
any other submissions or matters that the Minister considers
22
appropriate.
23
17 Likely impact on rural communities must be determined before
24
regional environmental plan is made
25
A Minister who intends to make a regional environmental plan in
26
relation to a local government area that is not in a metropolitan area
27
must ensure:
28
(a) that a rural communities impact statement has been prepared
29
in relation to the proposed plan, which provides information
30
about the likely impact of the proposed plan on the rural
31
community, and
32
(b) that the rural communities impact statement was made
33
available to the public at the same time and in the same way
34
as the proposed plan was publicly exhibited under the
35
Environmental Planning and Assessment Act 1979, and
36
(c) that the Minister has given consideration as to whether or not
37
the plan will have a likely impact on the rural community by
38
having regard to the rural communities impact statement and
Page 9
Clause 18 Rural Communities Impacts Bill 2004
Part 5 Assessment of likely impact of proposed environmental planning
instruments on rural communities
1
any other submissions or matters that the Minister considers
2
appropriate.
3
18 Likely impact on rural communities must be determined before local
4
environmental plan is made
5
A Minister who intends to make a local environmental plan in
6
relation to a local government area that is not in a metropolitan area
7
must ensure:
8
(a) that a rural communities impact statement has been prepared
9
in relation to the proposed plan, which provides information
10
about the likely impact of the proposed plan on the rural
11
community, and
12
(b) that the rural communities impact statement was made
13
available to the public at the same time and in the same way
14
as the proposed plan was publicly exhibited under the
15
Environmental Planning and Assessment Act 1979, and
16
(c) that the Minister has given consideration as to whether or not
17
the plan will have a likely impact on the rural community by
18
having regard to the rural communities impact statement and
19
any other submissions or matters that the Minister considers
20
appropriate.
Page 10
Rural Communities Impacts Bill 2004 Clause 19
Assessment of likely impact of proposed Cabinet decisions on rural Part 6
communities
Part 6 Assessment of likely impact of proposed 1
Cabinet decisions on rural communities 2
3
19 Likely impact on rural communities must be determined before
4
Cabinet decides on any matter
5
(1) This section applies to every decision that is put before the Cabinet
6
that:
7
(a) involves the proposed introduction of taxes, charges and fees
8
that are, or are likely to be, imposed on residents or businesses
9
in the rural community (whether or not they would also be
10
imposed on any other community), or
11
(b) involves the proposed increase of taxes, charges and fees that
12
are, or are likely to be, imposed on residents or businesses in
13
the rural community (whether or not they would also be
14
imposed on any other community), or
15
(c) otherwise could reasonably be expected to have an impact on
16
the rural community (whether or not it has the same impact on
17
any other community).
18
(2) The Premier must ensure that the Cabinet does not consider any
19
decision to which this section applies unless:
20
(a) a rural communities impact statement has been prepared in
21
relation to the proposed decision, which provides information
22
about the likely impact of the proposed decision on the rural
23
community, and
24
(b) a copy of the rural communities impact statement has been
25
circulated to each Cabinet member before the decision is
26
made.
27
(3) The Premier must ensure that, before the Cabinet makes a decision
28
on the matter, each Cabinet member has given consideration as to
29
whether or not the decision will have a likely impact on the rural
30
community by having regard to the rural communities impact
31
statement.
32
20 Part extends to legislation
33
This Part extends to the consideration of Bills, statutory rules or
34
environmental planning instruments and is in addition to, and not in
35
substitution for, Parts 3-5.
Page 11
Clause 21 Rural Communities Impacts Bill 2004
Part 7 Rural Communities Impact Assessment Unit
Part 7 Rural Communities Impact Assessment Unit 1
2
21 Establishment of Rural Communities Impact Assessment Unit
3
(1) The Rural Communities Impact Assessment Unit is established as a
4
branch of the Cabinet Office.
5
(2) The Rural Communities Impact Assessment Unit may arrange for
6
the use of the services of any staff (by secondment or otherwise) or
7
facilities of a Department for the purpose of writing one or more
8
particular rural communities impact statements. For the purposes of
9
this Act, a person whose services are made use of under this section
10
is a member of the staff of the Unit.
11
(3) The Rural Communities Impact Assessment Unit cannot be
12
abolished, renamed or removed from the Cabinet Office by order
13
under Chapter 4 of the Public Sector Employment and Management
14
Act 2002.
15
22 Liaison with Rural Communities Impact Assessment Unit
16
There is to be in each Department of the Public Service at least one
17
person whose duties involve, or include, liaising with the Rural
18
Communities Impact Assessment Unit of the Cabinet Office on
19
matters arising under this Act that concern the Department.
20
23 Electronic access to rural communities impact statements
21
The Rural Communities Impact Assessment Unit must maintain a
22
website that allows free public access to rural communities impact
23
statements as follows:
24
(a) statements in relation to proposed Bills must be posted on the
25
website on and from the day of the second reading of the Bill
26
up until the time that the Act is repealed,
27
(b) statements in relation to proposed statutory rules in relation to
28
which regulatory impact statements are required to be
29
publicly exhibited must be posted on the website on and from
30
the first day of exhibition of the regulatory impact statement
31
up until the time that the statutory rule is repealed,
32
(c) statements in relation to proposed statutory rules in relation to
33
which regulatory impact statements are not required to be
34
publicly exhibited must be posted on the website on and from
35
the date of their publication in the Gazette up until the time
36
that the statutory rule is repealed,
Page 12
Rural Communities Impacts Bill 2004 Clause 23
Rural Communities Impact Assessment Unit Part 7
1
(d) statements in relation to proposed environmental planning
2
instruments are to be posted on the website on and from the
3
first day of public exhibition of the proposed instrument up
4
until the time that the instrument is repealed.
Page 13
Clause 24 Rural Communities Impacts Bill 2004
Part 8 Miscellaneous
Part 8 Miscellaneous 1
2
24 Rural communities impact statement not necessary in certain
3
circumstances
4
(1) Subject to subsection (3), it is not necessary to comply with this Act
5
to the extent that the Premier certifies in writing that, in his or her
6
opinion in the special circumstances of the case, the public interest
7
requires that the Bill, statutory rule, environmental planing
8
instrument or Cabinet decision concerned should be introduced or
9
made without complying with this Act.
10
(2) Without limiting the special circumstances to which the Premier
11
may refer under this section, they include:
12
(a) the need to ensure the safety of people, the environment or
13
property in the case of an emergency, and
14
(b) the need to ensure the security of the State.
15
(3) If a Bill, statutory rule or environmental planning instrument is
16
introduced or made in the circumstances mentioned in subsection
17
(1), the requirements of this Act must:
18
(a) in the case of a Bill--be complied with within 10 sitting days
19
after the Bill is introduced, or
20
(b) in the case of a statutory rule or environmental planning
21
instrument--within 4 months after the rule or instrument is
22
made.
23
25 Speaker and President to report on non-compliance
24
The Speaker of the Legislative Assembly and the President of the
25
Legislative Council are each to inform their respective Houses of
26
any non-compliance with section 10 or 14, within 3 sitting days after
27
becoming aware of the non-compliance.
Page 14
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