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Commissioner for Environmental Sustainability
Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The Victorian Government is committed to balancing economic, social and
environmental goals and actions. It is encouraging an integrated approach--
a way of thinking, a way of working and a way of governing which starts by
valuing equally our economic, social and environmental goals.
Through this integrated policy approach the Victorian Government is striving
to deliver short and long term environmental, social and economic gains to
improve the quality of life of Victorian communities.
The establishment of a Commissioner for Environmental Sustainability forms
part of this approach in that the Commissioner will encourage ecologically
sustainable development to improve the quality of life for Victorians, both
now and in the future, in a way that maintains the ecological processes on
which life depends.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill and an outline of the Bill.
Clause 2 provides for commencement of the Bill.
Clauses 1 and 2 commence on the day after Royal Assent.
The remaining provisions come into operation on a day or days to
be proclaimed.
This allows time to appoint the Commissioner for Environmental
Sustainability prior to commencement of the substantive
provisions of the Bill.
If a provision has not commenced before 1 September 2003, it
will come into operation on that day.
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551007 BILL LA CIRCULATION 28/2/2003
Clause 3 defines the following terms--
� Administrative Office;
� Administrative Office Head;
� Agency;
� Agency Head;
� Commissioner;
� Department;
� Department Head;
� ecologically sustainable development (refer to clause 4
for detailed definition);
� environmental management system;
� public authority;
� public authority Head;
� Report on the State of the Environment of Victoria.
Clause 4 sets out the meaning of "ecologically sustainable development",
including the objectives of ecologically sustainable development
and the guiding principles of ecologically sustainable
development. Clause 4 reflects the meaning of ecologically
sustainable development defined in the National Strategy for
Ecologically Sustainable Development as endorsed by the
Council of Australian Governments in December 1992.
Clause 5 provides for the Act to bind the Crown in Victoria in all its
capacities, so far as the legislative power of the Parliament
permits.
PART 2THE COMMISSIONER FOR ENVIRONMENTAL
SUSTAINABILITY
Clause 6 provides for the appointment of the Commissioner for
Environmental Sustainability, the terms and conditions of
appointment and the grounds for removing the Commissioner
from Office. This clause also provides that the Commissioner is
not subject to the Public Sector Management and Employment
Act 1998.
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Clause 7 sets out the objectives of the Commissioner for Environmental
Sustainability.
Clause 8 sets out the functions of the Commissioner for Environmental
Sustainability.
The main functions of the Commissioner for Environmental
Sustainability are to report on the state of the Victorian
environment, undertake strategic audits of implementation of
environmental management systems by Agencies and public
authorities and audit public education programs relating to
ecologically sustainable development.
Clause 9 sets out the powers of the Commissioner for Environmental
Sustainability.
The Commissioner may do anything reasonably necessary or
convenient to enable it to carry out its functions and achieve its
objective, including requesting assistance from Agency Heads
and public authority Heads, establishing a Reference Group or
appointing committees.
Clause 10 sets out the principles which the Commissioner for
Environmental Sustainability must have regard to in performing
the functions and exercising powers under the Bill.
Clause 10 also provides for the Minister to issue specific written
instructions to the Commissioner for Environmental
Sustainability. The Minister must lay any specific written
direction given to the Commissioner for Environmental
Sustainability before each House of Parliament, within 10 sitting
days of the Minister issuing the instruction to the Commissioner.
If the specific written direction includes a requirement that the
Commissioner for Environmental Sustainability prepare a report,
the Minister must lay the report before each House of Parliament,
within 10 sitting days of the Minister receiving the report.
Clause 11 provides for the appointment of an Acting Commissioner for
Environmental Sustainability.
Clause 12 provides for the Commissioner for Environmental Sustainability
to employ staff under Part 3 of the Public Sector Management
and Employment Act 1998 and to second staff from an Agency
or public authority.
Clause 13 provides for the Commissioner for Environmental Sustainability
to engage consultants on terms and conditions set by the
Commissioner.
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Clause 14 provides for the Commissioner for Environmental Sustainability
to delegate his or her functions or powers under the Bill to staff,
other than the power of delegation.
Clause 15 provides for the Commissioner for Environmental Sustainability
to submit to the Minister for approval for each financial year a
draft business plan and budget. The Commissioner for
Environmental Sustainability is required to operate in accordance
with the business plan and budget as approved by the Minister or
as amended with the approval of the Minister.
Clause 16 requires the Commissioner for Environmental Sustainability to
include the following matters in the annual report for the
Commissioner:
� a brief summary of all activities completed, commenced
or conducted; and
� a statement of financial and other resources used in
preparing reports under Part 3 of the Bill.
This is in addition to the requirements which apply to the
Commissioner for Environmental Sustainability in respect of
annual reports under Part 7 of the Financial Management Act
1994.
PART 3REPORTS
Clause 17 requires the Commissioner for Environmental Sustainability to
prepare and submit to the Minister a periodical Report on the
State of the Environment of Victoria at intervals not exceeding
5 years or shorter periods specified in the framework.
These reports must be prepared in accordance with a framework
for environmental reporting developed by the Commissioner for
Environmental Sustainability and approved by the Minister.
The Minister must lay before each House of Parliament a copy of
the framework for environmental reporting approved by the
Minister and a copy of any Report on the State of Environment of
Victoria submitted to the Minister by the Commissioner for
Environmental Sustainability, within 10 sitting days of the
Minister receiving the report.
The Minister must cause a Government response to be laid before
each House of Parliament if a report contains recommendations.
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Clause 18 requires the Commissioner for Environmental Sustainability to
submit to the Minister a report on the implementation of
environmental management systems by Agencies and public
authorities on an annual basis.
The report must include an analysis of progress in meeting the
objectives and targets for the implementation of environmental
management systems by Agencies and public authorities.
The objectives and targets against which Agencies and public
authorities must be assessed are the targets and objectives as
determined by the Government of Victoria.
The report may also include advice and recommendations in
relation to the implementation of international best practice in
environmental management systems.
The Minister must lay before each House of Parliament any
report on environmental management systems submitted to the
Minister by the Commissioner for Environmental Sustainability,
within 10 sitting days of the Minister receiving the report.
Clause 19 requires the Commissioner for Environmental Sustainability,
when preparing a report under Part 3 of the Bill, to consult with
any Agency or public authority in relation to factual information
to be contained in the report concerning the responsibilities of the
Agency or public authority.
Clause 20 allows the Commissioner for Environmental Sustainability to
publish statements and guidelines relating to the performance of
the functions and the exercise of powers of the Commissioner.
Clause 21 requires the Commissioner for Environmental Sustainability to
ensure that copies of certain documents laid before each House of
Parliament under the Bill and any statements and guidelines are
publicly available and published on the Internet.
PART 4CONSEQUENTIAL AMENDMENT
Clause 22 inserts new section 16(1)(g) into the Public Sector Management
and Employment Act 1998 to allow the Commissioner for
Environmental Sustainability to have the functions of an Agency
Head under that Act in relation to employees.
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