Details of the Financial Framework (Supplementary Powers) Amendment
(Agriculture, Water and the Environment Measures No. 1) Regulations 2021
Section 1 - Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Agriculture, Water and the Environment
Measures No. 1) Regulations 2021.
Section 2 - Commencement
This section provides that the Regulations commence on the day after the instrument is registered on the Federal Register of Legislation.
Section 3 - Authority
This section provides that the Regulations are made under the Financial Framework (Supplementary Powers) Act 1997.
Section 4 - Schedules
This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedule to the Regulations.
Schedule 1 - Amendments
Financial Framework (Supplementary Powers) Regulations 1997
Item 1 - In the appropriate position in Part 4 of Schedule 1AB (table)
This item adds four new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on certain activities that will be administered by the Department of Agriculture, Water and the Environment (the department).
New table item 471 establishes legislative authority for government spending on the Murray-Darling Healthy Rivers Program (the program), which will provide grants to support community-led, on-ground projects that improve the health and ecological condition of rivers and wetlands in the Murray-Darling Basin. The program forms part of the Government's Murray-Darling Communities Investment Package (the Package), which seeks to re-engage communities in the work to restore the ecological health of the Murray-Darling Basin whilst also supporting economic development and jobs. The Package was announced by the Minister for Resources, Water and Northern Australia, the Hon Keith Pitt MP, on 4 September 2020. The media release is available at https://minister.awe.gov.au/pitt/media-release/new-chapter-mdbp.
This program also partially addresses Recommendations 1b, 2c and 7 of the Final Report: Independent assessment of social and economic conditions in the Murray-Darling Basin (Sefton Report) relating to community engagement with complementary river health programs. The Sefton Report is available at https://www.mdba.gov.au/publications/independent-reports/independent-assessment-social-economic-conditions-basin.
The intended outcomes of the program are:
* improved health and ecological condition of rivers and wetlands in the Murray-Darling Basin that build on water recovered through the Murray-Darling Basin Plan;
* improved community involvement in restoring the environmental health of the Murray-Darling Basin; and
* increased economic activity and employment in Basin communities as a result of grant funding.
The Murray-Darling Basin Plan came into effect in 2012 to give communities and industries certainty by limiting the volume of water that could be taken from the Basin. Since 2012, significant progress on implementing key elements of the Basin Plan has been made. The program will support environmental outcomes whilst remaining water recovery occurs to achieve the Basin Plan target of 450 gigalitres of additional water through efficiency measures by 2024. The program will not recover water for the environment and will not reduce farmers' access to water. This means that purchase of water entitlements or allocations will not be eligible for funding under the program.
The program will be delivered through two open competitive grant streams administered by the Department of Social Services' Community Grants Hub: a small stream and a large stream.
The small grants stream will focus on farmers and small community organisations in the Murray-Darling Basin and provide grants from $5,000 to $50,000, with up to $10 million in total funding available. To ensure that small community organisations have a fair go at applying and receiving funding, the following organisations will be ineligible:
* an organisation, or if a project partner is an organisation, that is included on the National Redress Scheme's website on the list of 'Institutions that have not joined or signified their intent to join the Scheme' (further information is available at www.nationalredress.gov.au);
* Commonwealth government agencies;
* state and territory government agencies;
* local government agencies;
* the 56 regional natural resource management organisations;
* peak bodies (bodies that represent their members and have a charter of advancing their members in terms of development, research, process and advocacy);
* umbrella bodies (central coordinating organisations such as networks or collectives that represent smaller, independent bodies or organisations) or groups with a national or state/territory focus;
* political parties, political organisations and lobbyists; and
* international entities.
The large grants stream will provide grants from $50,001 to $2 million to a larger pool of eligible entities, with up to $10 million in total funding available. Recognising the large size of projects, only the following organisations will be ineligible:
* an organisation, or if a project partner is an organisation, that is included on the National Redress Scheme's website on the list of 'Institutions that have not joined or signified their intent to join the Scheme';
* Commonwealth government agencies;
* political parties, political organisations and lobbyists; and
* international entities.
The program will be administered in accordance with the National Redress Scheme for Institutional Child Sexual Abuse Grant Connected Policy.
Having the two streams allows the application, reporting and accountability mechanisms to be aligned more closely with the scale and complexity of the grants. Small grants will be more streamlined, removing red tape for those who participate in the program. It also recognises that entities applying for large grants will need more time to develop proposals and allows for more rigorous oversight commensurate to the larger size of the projects.
Projects funded under the program will support the following activities in the Murray-Darling Basin:
* conservation and protection of biodiversity along river courses and wetlands (diversity of native plant and animal species), including species and communities listed under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act);
* the protection of rivers or wetlands, including declared Ramsar wetlands under Section 17 of the EPBC Act;
* the protection of listed migratory species and their habitats as provided for under Section 209 of the EPBC Act; and
* combating desertification and mitigating the effects of drought on natural systems.
Eligible activities will include practical, on-ground actions that directly relate to the project, such as:
* activities that protect or enhance the natural environment and/or support recovery of native species/communities, including:
o actions identified in recovery plans or conservation advices for threatened species;
o Native Fish Recovery Strategy Outcomes 1 to 4:
§ recovery and persistence of native fish;
§ threats to native fish are identified and mitigated;
§ communities are actively involved in native fish recovery;
§ recovery actions are informed by best available knowledge and practice;
o Native Fish Recovery Strategy Investment Areas 1, 3 to 8 and 11:
§ threatened species actions and research;
§ continue rehabilitation of fish habitat;
§ install fish friendly infrastructure -screening pumps and offtakes;
§ improving connectivity and removing barriers;
§ promote the management of introduced fish;
§ address cold-water pollution;
§ community capacity building (must be linked to on-ground works);
§ understand and adapt to climate change impacts;
o collection and propagation of seed from native species;
o revegetation using locally appropriate native species (for example, to increase suitable habitat and available food sources for native animals, increase biodiversity or provide bio-linkages to reduce the impact of climate change);
o removal of barriers to native species traversing landscapes and waterways (for example, fish ladders);
o habitat support for native species (for example, provision of nesting boxes or artificial burrows);
o translocation of threatened species to or from a site where it would not pose a biosecurity threat;
* control of invasive species such as weeds, carp and other pests that threaten ecosystems, habitat and native species;
* protection and/or conservation of plant and animal species at risk;
* community engagement and capacity building, however, they must be combined with on-ground works;
* riverbank rehabilitation;
* habitat protection and rehabilitation;
* revegetation, including with species that are likely to be more tolerant of future, hotter and drier conditions;
* native fish re-stocking;
* improvement of floodplain ecosystems;
* interpretative signage, for example to inform visitors about the ecological values of the site and on-ground actions undertaken;
* restoration of rivers and wetlands;
* flora and/or fauna surveys, however, they must be combined with on-ground works;
* water quality measurement and assessment before and after on-ground activities to assess the efficacy of interventions; and
* activities that reduce threats and risks to the natural environment, such as:
o managing invasive weeds, pest animals or diseases that threaten ecosystems, habitat and native species (for example, construction of wash-down stations which allow plant and equipment to be decontaminated from debris and other materials that may lead to the spread of invasive species or otherwise present a biosecurity risk);
o fencing to support environmental protection and/or restoration (for example, control access to sensitive sites, remnant vegetation or revegetation sites, for the avoidance of doubt this includes grazing exclusion fences);
o management of access to sensitive areas, including installation of infrastructure, such as boardwalks, sand ladders, visitor access trails, gates and vehicle barriers;
o managing erosion (for example, to reduce impacts on environmentally sensitive areas/waterways and/or to directly improve the ecological condition of a site as well as contour banks to slow water run-off that is causing erosion); and
o reducing sediment, contaminant, and nutrient run-off to waterways.
The above list is not exhaustive and other activities may be considered on merit provided they contribute toward the program objective or one or more of the program outcomes. Project activities that expand, or supplement existing activities or programs funded by other government entities or programs, will also be considered.
Activities ineligible for funding under the program will include:
* purchase of land;
* purchase of water entitlements or allocations;
* retrospective costs;
* costs incurred in the preparation of a grant application or related documentation;
* subsidy of general ongoing administration of an organisation such as electricity, phone or rent expenses;
* overseas travel;
* research with no practical, on-ground actions; and
* activities for which other Commonwealth, state, territory or local government bodies have primary responsibility.
Projects will need to be completed within 12 months of the execution of a grant agreement. Following the grant period, an evaluation period of 12 months will commence.
Recognising the potential for extreme seasonal conditions to impact on the program delivery, the guidelines will allow for a further 12 month extension to the project completion deadline. This will be conditional on the grant recipient demonstrating there were factors outside their control which prevented the project from being completed within the allocated timeframe (for example, extreme weather events).
The program will be administered as an open competitive grant opportunity by the Community Grants Hub on behalf of the department. It will be subject to the requirements of the Commonwealth resource management framework, including the PGPA Act and the CGRGs.
Information about the program, including grant opportunity guidelines and sample grant agreements, will be published on the GrantConnect and the Community Grants Hub websites. The department will also publish information on its website as necessary at agriculture.gov.au/water/mdb/programs/basin-wide/healthy-rivers-program.
The program is expected to open for applications in early 2021. The Community Grants Hub will undertake a preliminary assessment of applications against the selection criteria as set out in the relevant grant opportunity guidelines. The preliminary assessment will provide an initial ranking of applications to inform the deliberations of the Selection Advisory Panel.
A Selection Advisory Panel will be appointed and may include a mix of employees from the department, experts from the natural resource management sector, and other Commonwealth officers with relevant specialist expertise. Any expert/advisor, who is not a Commonwealth official, will be required/expected to perform their duties in accordance with the CGRGs.
The Community Grants Hub and/or the department may provide secretariat support to the Selection Advisory Panel but will not participate in deliberations or decision making.
The Community Grants Hub's independent probity advisor attends all Selection Advisory Panel meetings.
The Selection Advisory Panel will assess whether the application represents value for money and make final recommendations to the decision maker by taking into account the following factors:
* the initial preliminary score against the assessment criteria;
* the extent that a reasonable spread of grant activities is achieved across the whole Basin;
* the overall objective/s to be achieved in providing the grant;
* whether the proposed project is in scope;
* the relative value of the grant sought;
* the extent to which the evidence in the application demonstrates that it will contribute to meeting the outcomes/objectives of the Program;
* how the grant activities will target groups or individuals;
* the risks (financial, fraud and other) that the applicant or project poses for the department; and
* the risks that the applicant or project poses for the Commonwealth.
The Selection Advisory Panel may seek additional information from the applicant to assist in making its final recommendations.
The Selection Advisory Panel will provide advice on the merits of each application to the Minister for Resources, Water and Northern Australia, who is the final decision maker. The decision maker will decide which grants to approve, informed by this advice and any further information that may become known, including the availability of grant funds for the purposes of the grant program.
Successful grants will be listed on the GrantConnect website 21 calendar days after the date of effect, as required by section 5.3 of the CGRGs.
Grant funding decisions made in connection with the program, including the approval of the grants, the grant funding amount to be awarded, and the terms and conditions of the grants, will not be subject to merits review.
The program is an eligibility-based grant program assessed against selection criteria in the grant opportunity guidelines which will be publicly available when finalised. Merits review will not be appropriate because the decisions relate to the allocation of finite resources between competing applicants, and an allocation already made to another party would be affected by overturning the original decision. The Administrative Review Council has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merit review?).
In addition, the review and audit process undertaken by the ANAO provides a mechanism to review the Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may also be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
The Basin Officials Committee, the Basin Community Committee, the Murray-Darling Basin Authority and the Commonwealth Environmental Water Office were involved in early discussions to inform the program design process. Discussions focussed on identifying:
* what a healthy river and wetland looks like;
* how a healthy river and wetland benefits people and communities;
* what outcomes should be pursued for the Program;
* how to maximise the Program's ability to support the objectives of the Murray-Darling Basin Plan; and
* how to encourage participation and ownership of the Program by Basin communities.
The Basin Officials Committee facilitates cooperation and coordination between the Commonwealth, the Basin states and the Murray-Darling Basin Authority in funding works and managing the Basin water and other natural resources. The Basin Community Committee provides a community perspective on a wide range of water resource, environmental, cultural and socioeconomic matters.
Feedback at this stage of the consultation process was supportive.
Public consultation on the program design, including draft grant opportunity guidelines, was conducted between 18 December 2020 and 22 January 2021. Consultation was important to ensure that communities are re-engaged as per the Government's commitment under the Murray-Darling Communities Investment Package. Additionally, the consultation provides assurance that the grants will deliver local, as well as Basin benefits. The department will publish feedback received from the community on its website shortly.
In total, 48 responses (including 10 written submissions) and an additional eight emails providing feedback were received. The responses were from across the Basin and from a range of different stakeholders. Supporting Murray-Darling communities is at the heart of the program. All the feedback received will guide decision making, administration and implementation of the grants so that local communities can enjoy the benefits of this program.
Funding of $24.5 million was included in the 2020-21 Budget under the measure 'Murray-Darling Communities Investment Package' for a period of two years commencing in
2020-21. Details are set out in Budget 2020-21, Budget Measures, Budget Paper No. 2 2020-21 at pages 52 to 53. This total funding amount includes $20 million in grant funding which will be available for allocation. The grant funding will be phased: $6 million will be available in 2020-21 and the remaining $14 million in 2021-22.
Funding for this item will come from Program 5.1: Water Reform, which is part of Outcome 5. Details are set out in the Portfolio Budget Statements 2020-21, Budget Related Paper No. 1.1, Agriculture, Water and Environment Portfolio at pages 89 to 90.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party.
Australia has obligations under several international environmental agreements which are relevant to the proposed expenditure. The kinds of activities proposed to be funded under the program align with these obligations, as discussed below.
Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment (JAMBA)
Articles III(1), IV(3), V and VI(a) of JAMBA place obligations on Parties to, respectively, take protective measures for the preservation of bird species in danger of extinction, to encourage the conservation of migratory birds and birds in danger of extinction, to endeavour to establish sanctuaries and other facilities for the management and protection of migratory birds in danger of extinction and their environment, and to take appropriate measures to preserve and enhance the natural environment of birds protected under JAMBA.
Agreement between the Government of Australia and the Government of the People's Republic of China for the Protection of Migratory Birds and their Environment (CAMBA)
Articles III(3) and IV of CAMBA oblige Parties to, respectively, encourage the conservation of migratory birds, especially those species in danger of extinction, and to endeavour to establish sanctuaries and other facilities for the management and protection of migratory birds and also of their environment, and to take appropriate measures to preserve and enhance the environment of migratory birds.
Agreement between the Government of Australia and the Government of the Republic of Korea on the Protection of Migratory Birds (ROKAMBA)
Articles 3(3), 4 and 5(a) and (b) of ROKAMBA oblige Parties to, respectively, encourage the conservation of migratory birds, to endeavour to manage and conserve the habitat of migratory birds through activities such as the designation of conservation areas in its territory, to endeavour to seek means to prevent damage to birds protected under ROKAMBA, and to control the impact of invasive animals and plants on the conservation of such birds and their environment.
Convention on Biological Diversity (CBD)
Article 8(d) of the CBD obliges Parties to promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings. Article 8(f) obliges Parties to rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, through the development of plans and other management strategies. Article 8(h) obliges Parties to prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitat or species.
The program proposes to fund activities which align with Australia's obligations under Articles 8(d), (f) and (h) of the CBD, such as activities directed toward the protection and enhancement of the natural environment and recovery of native species and communities (including threatened species and communities listed under the Environment Protection and Biodiversity Conservation Act 1999), habitat protection and rehabilitation, and the management of invasive weeds, pest animals and diseases.
Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention)
The obligations placed on Parties by Article III of the Bonn Convention include to conserve and restore the habitats of species which are of importance in removing the species from the danger of extinction, to prevent, remove or minimise adverse effects that seriously impede or prevent the migration of species, and to prevent, reduce or control factors that are endangering or likely to further endanger migratory species.
The program proposes to fund activities which align with these obligations of Australia under the JAMBA, CAMBA, ROKAMBA and the Bonn Convention. These include activities that seek to support the recovery of native species (particularly the removal of barriers to native species traversing landscapes and waterways, and revegetation to promote bio-linkages), to control invasive species, to protect and/or conserve plant and animal species at risk, and to reduce threats to the natural environment.
Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention)
Article 3(1) of the Ramsar Convention obliges Parties to formulate and implement their planning so as to promote the conservation of the wetlands included in the List of Wetlands of International Importance, and as far as possible the wise use of wetlands in their territory. Article 4(4) obliges Parties to endeavour through management to increase waterfowl populations on appropriate wetlands.
The program proposes to fund activities which align with Australia's obligations under Articles 3(1) and 4(4) of the Ramsar Convention, such as those that seek to restore wetlands, and support the recovery of native species/communities (such as waterfowl populations).
United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, particularly in Africa (UNCCD)
Australia is an affected country Party to the UNCCD as a country affected by desertification (defined by the United Nations as land degradation in arid, semi-arid and/or sub-humid areas).
Article 4(2)(a) of the UNCCD obliges Parties to adopt an integrated approach addressing the physical, biological and socio-economic aspects of the processes of desertification and drought. Article 5(a) obliges affected country Parties to give due priority to combating desertification and mitigating the effects of drought, and allocate adequate resources in accordance with their circumstances and capabilities. Article 5(d) obliges affected country Parties to promote awareness and facilitate the participation of local populations, particularly women and youth, with the support of nongovernmental organisations, in efforts to combat desertification and mitigate the effects of drought.
The program proposes to fund activities which align with Australia's obligations under Articles 4(2)(a) and 5(a) and (d) of the UNCCD, such as activities that seek to protect or enhance the natural environment, undertake riverbank and floodplain rehabilitation and which are directed to restoring rivers and wetlands.
New table item 472 establishes (and renews) legislative authority for government spending on the Immediate Assistance Fund (IAF) to provide grants of financial assistance to state and territory governments and industry to improve their capacity to respond to an exotic plant or animal, pest or disease incursion. The IAF is designed to enhance the Australian Government's capacity to provide early support for the rapid establishment of arrangements to contain and eradicate exotic plants and animals, pests and diseases when first detected. Examples of such pests and diseases include, but are not limited to, khapra beetle, citrus canker, karnal bunt, African horse sickness, rabies, Asian green mussel, Didymosphenia geminata, and crayfish plague.
The IAF also augments existing preparedness activities, including the development of standard operating procedures, training of personnel and rapid response capability. The IAF does not replace existing commitments or activities undertaken by the Australian Government and states and territories. This program addresses a gap between national emergency response funding arrangements and critical first-response obligations of state and territory governments and industries by providing funding to respond to a new pest or disease incursion.
The IAF was initially established as part of the Agricultural Competitiveness White Paper, which set out a comprehensive roadmap for delivering a more competitive and profitable agriculture sector supported by a $4 billion funding package. Funding of $50 million was allocated to the IAF to boost the emergency pest and disease eradication and national response capability. The White Paper, which was released in July 2015, is available at https://www.agriculture.gov.au/ag-farm-food/agriculture-white-paper.
The IAF further strengthens the Australian Government's commitment to existing national response arrangements that help protect farmers' profitability by preventing the establishment of exotic plant pest and animal disease in Australia, helping maintain access to export markets and protecting the environment.
Types of projects funded under the IAF include:
* provision of immediately available resources to facilitate rapid response and containment of pest and disease incursions (for example, support for the leasing of remotely operated vehicles for underwater surveillance during a marine pest incursion);
* deployment of and access to national and international experts (for example, appointment of biosecurity liaison officers in industry associations during a response, or meeting the travel costs for an international expert to visit Australia and provide advice on the response to the affected jurisdiction and industry);
* access to specialised equipment required for responses to biosecurity incidents and/or pest and disease eradication (for example, supporting the development of scent lures for use by detector dogs or development of mobile phone applications);
* provision of improved information to inform decision making (for example, supporting the development of accessible identification materials for use in-field); and
* undertaking of emergency preparedness activities (for example, the development and delivery of industry specific training and resources for detecting key pests and diseases for that industry).
The nature of emergency responses is unpredictable, and to ensure availability of funds when a response is needed, the IAF is administered as an ad hoc, eligibility-based grant program, with no formal rounds. Proposed funding activities must meet the IAF guidelines, which provide a basis for decision making to ensure that the IAF funds are used for eligible emergency response or preparedness activities, and are provided to state and territory governments and industry bodies on request. The current guidelines were approved by the then Minister for Agriculture and Water Resources, the Hon Barnaby Joyce MP, in 2016. They are expected to be updated by July 2021 and be made publicly available at that time.
Funding under the IAF to state and territory government is classified as 'grants of financial assistance', which are taken not to be grants for the purpose of the CGRGs (refer paragraph 2.6(g) 'financial assistance provided to a State in accordance with section 96 of the Australian Constitution'). Grants to industry bodies are administered consistently with the requirements of the CGRGs. Grants awarded are reported on GrantConnect at www.grants.gov.au.
The Minister for Agriculture, Drought and Emergency Management (the responsible Minister) approves expenditure under the IAF on the advice of the department. State and territory governments or industry bodies seek approval for funding to respond to a new pest or disease incursion, through an application to the department. This involves the provision of a detailed application form that covers the purpose of the required funding, the assistance requested, a statement of reasons as to how the request aligns with the IAF guidelines, and an explanation as to why this incursion is not able to be dealt with under the existing commitments. State and territory governments or industry bodies may also identify key preparedness activities through their annual and strategic planning processes, and if so may contact the department at that time to seek the IAF funding.
The Biosecurity Strategy and Reform Office (part of the department) assesses the eligibility of applications against the IAF guidelines, in consultation with the Legal Division and Finance Division of the department. Applications are assessed on a case-by-case basis, and a recommendation is provided to the responsible Minister for consideration. Following the responsible Minister's approval, the department administers the funding allocation for successful projects with the Department of the Treasury for funding to states or territories, or the Community Grants Hub for funding to industry. Where appropriate, a departmental or media release is issued, with details of funding awarded for the IAF projects.
Funding decisions made in connection with the IAF are not considered suitable for independent merits review, as these decisions relate to the allocation of finite resources between competing applicants and an allocation already made to a party would be affected by overturning the original decision. The Administrative Review Council has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merit review?).
In addition, the review and audit process undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
As the IAF is an existing program which provides capacity and rapid assistance to state and territory governments and industry to respond to a pest or disease incursion, public consultation regarding the legislative authority for spending on the IAF was not deemed necessary. Under the IAF, funding can only be granted to states and territories and/or industry bodies.
At the time the IAF was being established to boost the emergency pest and disease eradication and national response capability as part of the Agricultural Competitiveness White Paper, the department identified and engaged with a range of internal and external stakeholders including state and territory governments, national plant and animal industry bodies, Plant Health Australia and Animal Health Australia.
During the assessment of funding applications, the department may seek advice on the proposed projects from relevant experts. Funding recipients are required to provide regular reports on the progress of funded projects. As part of the application process, applicants are also asked to identify other affected stakeholders and detail how they will be engaged in project activities.
Funding for the IAF of $10.1 million for a period of three years commencing in 2020-21 comes from Program 4.2: Plant and Animal Health, which is part of Outcome 4. Details are set out in the Portfolio Budget Statements 2020-21, Budget Related Paper No. 1.1, Agriculture, Water and Environment Portfolio at pages 85 to 86. Funding for the IAF is ongoing.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:
* the trade and commerce power (section 51(i));
* the quarantine power (section 51(ix));
* the external affairs power (section 51(xxix));
* the express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect;
* the power to grant financial assistance to States (section 96); and
* the Territories power (section 122).
Trade and commerce power
Section 51(i) of the Constitution empowers the Parliament to make laws with respect to 'trade and commerce with other countries, and among the states'.
Certain funding to industry under the IAF will relate to biosecurity incursions involving diseases and pests that affect products that are (almost) exclusively grown for export, or disease and pests that pose a major threat to Australian exports.
Quarantine power
Section 51(ix) of the Constitution empowers the Parliament to make laws with respect to quarantine.
Certain funding to industry under the IAF will relate to biosecurity incursions involving diseases and pests that cause disease or that infest humans, animals or plants.
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party.
Australia is a party to the Convention on Biological Diversity, which obliges each Contracting Party under Article 8(h) to prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species.
Certain funding under the IAF will assist with measures directed to responding to biosecurity incursions involving exotic diseases and pests that threaten native ecosystems, habitats and species.
Executive power and express incidental power, including the nationhood aspect
The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. Section 61 of the Constitution supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.
Certain funding under the IAF will be for the rapid response and emergency preparedness activities for biosecurity incidents that are of national significance and require a national response.
Power to grant financial assistance to States
Section 96 of the Constitution empowers the Parliament to 'grant financial assistance to any State on such terms and conditions as the Parliament thinks fit'.
The IAF will enable the Commonwealth to provide financial assistance to the states on terms and conditions that rapid response and emergency preparedness activities be delivered by the states in those jurisdictions. Such funding to the states can also include indirect funding to industry through the states.
Territories power
Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'.
The IAF will enable the Commonwealth to provide funding to the territories as grants of financial assistance on the same terms and conditions as grants of assistance to the states under section 96 of the Constitution.
New table item 473 establishes legislative authority for government spending on the Great Artesian Basin (GAB) Lynn Brake Scholarship Grant Program (the program), which will provide scholarships to students to support research related to the GAB.
In March 2020, the GAB Senior Officials Committee (GABSOC) agreed to establish the program in honour of the work and achievements of Mr Lynn Brake, Senior Research Fellow with the University of South Australia and his contributions to water management in the GAB. The program honours Mr Lynn Brake's legacy in the area of water resources in Australia, aims to support the development of future scientists and researchers, and helps foster the links between academia, the wider community and governments.
The GABSOC consists of senior officials of the relevant departments for the GAB matters from the Commonwealth and the basin jurisdictions of New South Wales, Queensland, South Australia and the Northern Territory. The GABSOC undertakes activities to support the GAB Strategic Management Plan (SMP), as well as provide adequate resources to implement it. The GAB SMP is available at www.agriculture.gov.au/water/national/great-artesian-basin/strategic-management-plan.
The GAB SMP, launched on 27 June 2020, was developed by basin governments in consultation with water users and other stakeholders and is a framework for basin governments, communities and industry to manage and use the water resources of the GAB in a collaborative and judicious way. The GAB SMP builds on the outcomes and actions of the first SMP agreed in 2000 by the jurisdictions of New South Wales, Queensland, South Australia, the Northern Territory and the Commonwealth. The plan takes a principles based approach to guiding governments, industry and the community in managing this water.
The SMP provides a framework to guide the actions of governments, Aboriginal and Torres Strait Islanders, water users and other interests in their endeavour to achieve economic, environmental, cultural and social outcomes for the GAB and its users. Implementation of the SMP will assist all parties to identify and respond to the risks, issues, challenges and opportunities associated with use of the GAB water.
The program is aimed at supporting the objectives of the GAB SMP, including to improve the information and knowledge of the basin resources, support the development of future scientists, help foster links between academia, the wider community and governments, and research and monitoring within the GAB to support informed decision making by government. The successful applicant will undertake research relevant to supporting the objectives of the GAB SMP.
Eligible research activities must have a primary focus within the GAB area. Eligible research activities may include site visits, industry visits such as travel and accommodation, purchase of research materials, publishing, purchase of audio/visual recording equipment, and purchase of research subscriptions to access relevant information.
The program is designed to fit into the broader context of managing natural resources for the wellbeing of present and future generations of Australians. The program supports further understanding of sustainable groundwater and surface water management. This is critical to the long-term productivity and profitability of the GAB's economy, the viability of rural communities and the protection of associated biodiversity, cultural and heritage values.
The target group for the program is primarily postgraduate students enrolled at a public or private Australian tertiary institution. Students who apply would need to satisfy eligibility and assessment criteria in order to be eligible for being awarded the grant. Applicants should be undertaking eligible research that directly relates to the GAB and its future and be linked to the GAB SMP. Further eligibility criteria are contained in the program guidelines.
The program will be administered as an eligibility-based, open competitive grants process by the Community Grants Hub, in accordance with the Commonwealth resource management framework including the PGPA Act and the CGRGs.
The program guidelines will be developed in accordance with the CGRGs and available on GrantConnect (www.grants.gov.au). The program guidelines will provide potential applicants with information about the grant, eligibility criteria, the selection process, eligible expenditure and how to apply. Applicants who satisfy eligibility and assessment criteria outlined in the program guidelines are able to apply through GrantConnect. Applicants for the program will be evaluated on merit against the selection criteria by a panel consisting of a scientific expert, representative from the GABSOC and a representative from the department. The successful grant recipients will be responsible for delivering primary components of the activity under the grant agreement.
All relevant program information including program guidelines, frequently asked questions, grant agreement templates, administrative forms and information regarding the awarding of grants will be available through GrantConnect. Information about the program will also be published on the Community Grants Hub website (www.communitygrants.gov.au/grants) and departmental website (www.awe.gov.au).
The grant agreement will be between the Commonwealth as represented by the department and the grantee, which is the tertiary institution where the applicant is enrolled. The delegate of the Secretary of the department will be responsible for final decisions about the Commonwealth expenditure.
Funding decisions made in connection with the program are not considered suitable for independent merits review, as these decisions relate to the allocation of finite resources between competing applicants and an allocation already made to a party would be affected by overturning the original decision. The Administrative Review Council has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merit review?).
In addition, the review and audit process undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
In March 2020, the GABSOC agreed to establish the program. The Projects Working Group is established under the GABSOC to review and prioritise the current list of GAB projects. The Commonwealth consulted with the Projects Working Group members during development of the program guidelines, who indicated broad support for them prior to finalisation.
The program is intended to be offered from 2020 to 2025 based on the GABSOC budget being approved for each financial year. The program will deliver an annual grant of $20,000 (GST exclusive), paid to the grant recipient.
Funding for the program comes from Program 5.1: Water Reform, which is part of Outcome 5. Details are set out in the Portfolio Budget Statements 2020-21, Budget Related Paper No 1.1, Agriculture, Water and the Environment Portfolio at page 90 (Water Resources Special Account).
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the social welfare power (section 51(xxiiiA)) of the Constitution.
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits including benefits to students. The program provides benefits to eligible students in the form of grants that are designed to assist students undertaking studies in relation to the GAB.
The program aims to achieve the objective of the GAB SMP, by supporting students to undertake research relevant to the GAB.
New table item 474 establishes legislative authority for government spending on the Lake Eyre Basin (LEB) Justin Costelloe Scholarship Grant Program (the program), which will provide scholarships to students to support research and understanding related to the LEB Agreement Area, as defined by the LEB Intergovernmental Agreement (LEB IGA) made on 21 October 2000, as in force immediately before the commencement of this item.
In 2018, the LEB Ministerial Forum agreed to establish the program in honour of Dr Justin Costelloe's significant contribution to the LEB community. Dr Costelloe was a Senior Research Fellow at the Department of Infrastructure Engineering at the University of Melbourne and held a member position on the LEB Scientific Advisory Panel for a number of years providing hydrological and ecological advice to matters relating to the condition of the LEB rivers.
The LEB Ministerial Forum was established under the LEB IGA between the Commonwealth, Queensland, South Australian and Northern Territory governments. Its role is to implement the LEB IGA by developing or adopting policies and strategies for the management of the LEB Agreement Area as defined by the LEB IGA, and in accordance with the purpose, objectives and principles set out in the agreement. The Ministerial Forum may also adopt management plans prepared by participating state and territory jurisdictions, if those plans are consistent with the LEB IGA and policies developed or adopted by the Ministerial Forum. The LEB IGA is available on the departmental website and can be accessed at https://www.agriculture.gov.au/water/national/lake-eyre-basin/agreement.
The program is aimed at supporting the objectives of the LEB IGA by encouraging and promoting research and monitoring to improve understanding and support informed decision making by government in the LEB Agreement Area. This is to provide for the development or adoption, and implementation of policies and strategies concerning water and related natural resources in the LEB Agreement Area to avoid or eliminate so far as reasonably practicable adverse cross-border impacts. The successful applicant will undertake research relevant to supporting these objectives.
Applicants should be undertaking eligible research which:
* contributes to water related knowledge of the LEB;
* focuses on hydrology, ecology or sociology related to water or related natural resources; and
* relevant to the LEB vision and strategic objectives as outlined in the LEB IGA.
The program aims to foster research related to the LEB including current and emerging challenges and issues that may affect both water quantity and quality, hydrology, ecology, surface management of springs, water resource management and the heritage and cultural values of the LEB.
Eligible research activities must have a primary focus within the LEB Agreement Area. Eligible research activities may include site visits, industry visits such as travel and accommodation, purchase of research materials, publishing, purchase of audio/visual recording equipment, and purchase of research subscriptions to access relevant information.
The program is designed to fit into the broader context of managing natural resources for the wellbeing of present and future generations of Australians. The program supports further understanding of sustainable groundwater and surface water management. This is critical to the long-term productivity and profitability of the LEB's economy, the viability of rural communities and the protection of associated biodiversity, cultural and heritage values.
The target group for the program is primarily postgraduate students enrolled at a public or private Australian tertiary institution. Students who apply would need to satisfy eligibility and assessment criteria in order to be eligible for being awarded the grant. Further eligibility criteria are contained in the program guidelines.
The program will be administered as an eligibility-based, open competitive grants process by the Community Grants Hub, in accordance with the Commonwealth resource management framework including the PGPA Act and the CGRGs.
The program guidelines will be developed and made available on GrantConnect. The program guidelines will provide potential applicants with information about the grant, eligibility criteria, the selection process, eligible expenditure and how to apply. Applicants who satisfy eligibility and assessment criteria outlined in the program guidelines are able to apply through GrantConnect. Applicants for the program will be evaluated on merit against the selection criteria by a panel consisting of the Chair and members of the LEB Scientific Advisory Panel and basin jurisdiction representatives, as well as independent evaluators from the department. The successful grant recipients will be responsible for delivering primary components of the activity under the grant agreement.
All relevant program information including program guidelines, frequently asked questions, grant agreement templates, administrative forms and information regarding the awarding of grants will be available through GrantConnect. Information about the program will also be published on the Community Grants Hub website (www.communitygrants.gov.au/grants) and departmental website (www.awe.gov.au).
The grant agreement will be between the Commonwealth as represented by the department and the grantee, which is the tertiary institution where the applicant is enrolled. The delegate of the Secretary of the department will be responsible for final decisions about the Commonwealth expenditure.
Funding decisions made in connection with the program are not considered suitable for independent merits review, as these decisions relate to the allocation of finite resources between competing applicants and an allocation already made to a party would be affected by overturning the original decision. The Administrative Review Council has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merit review?).
In addition, the review and audit process undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
The members of the LEB Scientific Advisory Panel, the LEB Community Advisory Committee and Water Ministers responsible for the LEB have been consulted and provided support for the program.
The LEB Scientific Advisory Panel was established by the LEB Ministerial Forum to obtain scientific and/or technical advice in relation to the identification of requirements for the effective monitoring of the condition of the rivers and catchments within the LEB Agreement Area and the establishment of programs to meet those requirements. The Panel comprises seven member positions.
The LEB Community Advisory Committee was established by the Ministerial Forum to provide community advice on implementation of the LEB IGA, and to ensure continuing community participation in the LEB IGA. The principal function of the Committee is to develop and provide high quality, relevant and timely advice to the Ministerial Forum on matters relevant to the management of water and related natural resources within the LEB Agreement Area consistent with the spirit and intent of the LEB IGA.
The program is intended to be offered from 2020 to 2025 based on the budget being approved for each financial year. The program will deliver an annual grant of $20,000 (GST exclusive), paid to the grant recipient.
Funding for the program comes from Program 5.1: Water Reform, which is part of Outcome 5. Details are set out in the Portfolio Budget Statements 2020-21, Budget Related Paper No 1.1, Agriculture, Water and the Environment Portfolio at page 90 (Water Resources Special Account).
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the social welfare power (section 51(xxiiiA)) of the Constitution.
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits including benefits to students. The program provides benefits to eligible students in the form of grants that are designed to assist students undertaking studies in relation to the LEB.
The primary purpose of the program is to encourage and promote research and monitoring to improve understanding and support informed decision making in relation to the LEB Agreement Area.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Financial Framework (Supplementary Powers) Amendment (Agriculture, Water and the Environment Measures No. 1) Regulations 2021
This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. The powers in the FF(SP) Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.
The Financial Framework (Supplementary Powers) Amendment (Agriculture, Water and the Environment Measures No. 1) Regulations 2021 amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for the government spending on certain activities administered by the Department of Agriculture, Water and the Environment (the department).
This instrument adds the following table items to Part 4 of Schedule 1AB:
* table item 471 for the Murray-Darling Healthy Rivers Program;
* table item 472 for the Immediate Assistance Fund;
* table item 473 for the Great Artesian Basin Lynn Brake Scholarship Grant Program; and
* table item 474 for the Lake Eyre Basin Justin Costelloe Scholarship Grant Program.
Table item 471 - Murray-Darling Healthy Rivers Program
Table item 471 establishes legislative authority for government spending on the Murray-Darling Healthy Rivers Program (the program), which will provide grants to support community-led, on-ground projects that improve the health and ecological condition of rivers and wetlands in the Murray-Darling Basin. The program forms part of the Government's Murray-Darling Communities Investment Package, which seeks to re-engage communities in the work to restore the ecological health of the Murray-Darling Basin whilst also supporting economic development and jobs.
This program also partially addresses Recommendations 1b, 2c and 7 of the Final Report: Independent assessment of social and economic conditions in the Murray-Darling Basin (Sefton Report) relating to community engagement with complementary river health programs.
The intended outcomes of the program are:
* improved health and ecological condition of rivers and wetlands in the Murray-Darling Basin that build on water recovered through the Murray-Darling Basin Plan;
* improved community involvement in restoring the environmental health of the Murray-Darling Basin; and
* increased economic activity and employment in Basin communities as a result of grant funding.
The Murray-Darling Basin Plan came into effect in 2012 to give communities and industries certainty by limiting the volume of water that could be taken from the Basin. Since 2012, significant progress on implementing key elements of the Basin Plan has been made. The program will support environmental outcomes whilst remaining water recovery occurs to achieve the Basin Plan target of 450 gigalitres of additional water through efficiency measures by 2024. The program will not recover water for the environment and will not reduce farmers' access to water. This means that purchase of water entitlements or allocations will not be eligible for funding under the program.
The program will be delivered through two open competitive grant streams administered by the Community Grants Hub: a small stream and a large stream. The small grants stream will focus on farmers and small community organisations in the Murray-Darling Basin and provide grants from $5,000 to $50,000, with up to $10 million in total funding available. The large grants stream will provide grants from $50,001 to $2 million to a larger pool of eligible entities, with up to $10 million in total funding available.
Projects funded under the program will support the following activities in the Murray-Darling Basin:
* conservation and protection of biodiversity along river courses and wetlands (diversity of native plant and animal species), including species and communities listed under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act);
* the protection of rivers or wetlands, including declared Ramsar wetlands under Section 17 of the EPBC Act;
* the protection of listed migratory species and their habitats as provided for under Section 209 of the EPBC Act; and
* combating desertification and mitigating the effects of drought on natural systems.
Projects will need to be completed within 12 months of the execution of a grant agreement. Following the grant period, an evaluation period of 12 months will commence.
However, recognising the potential for extreme seasonal conditions to impact on the program delivery, the guidelines will allow for a further 12-month extension to the project completion deadline. This will be conditional on the grant recipient demonstrating there were factors outside their control which prevented the project from being completed within the allocated timeframe (for example, extreme weather events).
Human rights implications
Table item 471 does not engage any of the applicable rights or freedoms.
Conclusion
Table item 471 is compatible with human rights as it does not raise any human rights issues.
Table item 472 - Immediate Assistance Fund
Table item 472 establishes (and renews) legislative authority for government spending on the Immediate Assistance Fund (IAF) to provide grants of financial assistance to state and territory governments and industry to improve their capacity to respond to an exotic plant or animal, pest or disease incursion. The IAF is designed to enhance the Australian Government's capacity to provide early support for the rapid establishment of arrangements to contain and eradicate exotic plants and animals, pests and diseases when first detected.
The IAF also augments existing preparedness activities, including the development of standard operating procedures, training of personnel and rapid response capability. The IAF does not replace existing commitments or activities undertaken by the Australian Government and states and territories. This program addresses a gap between national emergency response funding arrangements and critical first-response obligations of state and territory governments and industries by providing funding to respond to a new pest or disease incursion.
The IAF was initially established as part of the Agricultural Competitiveness White Paper, which set out a comprehensive roadmap for delivering a more competitive and profitable agriculture sector supported by a $4 billion funding package. Funding of $50 million was allocated to the IAF to boost the emergency pest and disease eradication and national response capability.
Types of projects funded under the IAF include:
* provision of immediately available resources to facilitate rapid response and containment of pest and disease incursions (for example, support for the leasing of remotely operated vehicles for underwater surveillance during a marine pest incursion);
* deployment of and access to national and international experts (for example, appointment of biosecurity liaison officers in industry associations during a response, or meeting the travel costs for an international expert to visit Australia and provide advice on the response to the affected jurisdiction and industry);
* access to specialised equipment required for responses to biosecurity incidents and/or pest and disease eradication (for example, supporting the development of scent lures for use by detector dogs or development of mobile phone applications);
* provision of improved information to inform decision making (for example, supporting the development of accessible identification materials for use in-field); and
* undertaking of emergency preparedness activities (for example, the development and delivery of industry specific training and resources for detecting key pests and diseases for that industry).
Human rights implications
Table item 472 engages the following right:
* the right to health - Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), read with Article 2.
Article 2(1) of the ICESCR recognises that 'each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures'.
Article 12(1) states that 'States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health'. Under Article 12(2)(c), steps to be taken to achieve the full realisation of the right to health include those steps necessary for the prevention, treatment and control of epidemic, endemic, occupational and other diseases.
Table item 472 engages the right to health by providing funding to states and territories, or directly to industry, to improve Australia's capacity to respond to pest and disease incursions. The right to health is promoted to the extent that funding can include projects in relation to preventing the introduction or spread of diseases or pests that cause diseases in humans.
Conclusion
Table item 472 is compatible with human rights as it promotes the right to health under the ICESCR.
Table item 473 - Great Artesian Basin Lynn Brake Scholarship Grant Program
Table item 473 establishes legislative authority for government spending on the Great Artesian Basin (GAB) Lynn Brake Scholarship Grant Program (the program), which will provide scholarships to students to support research related to the GAB.
In March 2020, the GAB Senior Officials Committee (GABSOC) agreed to establish the program in honour of the work and achievements of Mr Lynn Brake, Senior Research Fellow with the University of South Australia and his contributions to water management in the GAB. The program is aimed at supporting the objectives of the GAB Strategic Management Plan (SMP), including to improve the information and knowledge of the basin resources, support the development of future scientists, help foster links between academia, the wider community and governments, and research and monitoring within the GAB to support informed decision making by government. The successful applicant will undertake research relevant to supporting the objectives of the GAB SMP.
Eligible research activities may include site visits, industry visits such as travel and accommodation, purchase of research materials, publishing, purchase of audio/visual recording equipment, and purchase of research subscriptions to access relevant information.
The program is designed to fit into the broader context of managing natural resources for the wellbeing of present and future generations of Australians. The program supports further understanding of sustainable groundwater and surface water management. This is critical to the long-term productivity and profitability of the GAB's economy, the viability of rural communities and the protection of associated biodiversity, cultural and heritage values.
The target group for the program is primarily postgraduate students enrolled at a public or private Australian tertiary institution. Students who apply would need to satisfy eligibility and assessment criteria in order to be eligible for being awarded the grant. Applicants should be undertaking eligible research that directly relates to the GAB and its future and be linked to the GAB SMP.
Human rights implications
Table item 473 engages the following right:
* the right to education - Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2.
Article 2 of the ICESCR requires States Parties to take steps to progressively achieve the full realisation of the rights recognised in the ICESCR by all appropriate means.
Article 13(1) of the ICESCR states that States Parties 'recognise the right of everyone to education' and Article 13(2)(c) of the ICESCR states that 'higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education'.
The program will support the right of Australians to equal access to higher education and enable scholars to undertake postgraduate study in relation to the GAB area. In addition, the program will support greater access to higher education for those who may otherwise be unable to afford it.
Table item 473 promotes the right to education by supporting students to undertake research related to the GAB.
Conclusion
Table item 473 is compatible with human rights as it promotes the right to education under the ICESCR.
Table item 474 - Lake Eyre Basin Justin Costelloe Scholarship Grant Program
Table item 474 establishes legislative authority for government spending on the Lake Eyre Basin (LEB) Justin Costelloe Scholarship Grant Program (the program), which will provide scholarships to students to support research and understanding related to the LEB Agreement Area, as defined by the LEB Intergovernmental Agreement (LEB IGA) made on 21 October 2000, as in force immediately before the commencement of this item.
In 2018, the LEB Ministerial Forum agreed to establish the program in honour of Dr Justin Costelloe's significant contribution to the LEB community. Dr Costelloe was a Senior Research Fellow at the Department of Infrastructure Engineering at the University of Melbourne and held a member position on the LEB Scientific Advisory Panel for a number of years providing hydrological and ecological advice to matters relating to the condition of the LEB rivers.
The program is aimed at supporting the objectives of the LEB IGA by encouraging and promoting research and monitoring to improve understanding and support informed decision making by government in the LEB Agreement Area. This is to provide for the development or adoption, and implementation of policies and strategies concerning water and related natural resources in the LEB Agreement Area to avoid or eliminate so far as reasonably practicable adverse cross-border impacts. The successful applicant will undertake research relevant to supporting these objectives.
Applicants should be undertaking eligible research which:
* contributes to water related knowledge of the LEB;
* focuses on hydrology, ecology or sociology related to water or related natural resources; and
* relevant to the LEB vision and strategic objectives as outlined in the LEB IGA.
The program aims to foster research related to the LEB including current and emerging challenges and issues that may affect both water quantity and quality, hydrology, ecology, surface management of springs, water resource management and the heritage and cultural values of the LEB.
Eligible research activities must have a primary focus within the LEB Agreement Area. Eligible research activities may include site visits, industry visits such as travel and accommodation, purchase of research materials, publishing, purchase of audio/visual recording equipment, and purchase of research subscriptions to access relevant information.
The program is designed to fit into the broader context of managing natural resources for the wellbeing of present and future generations of Australians. The program supports further understanding of sustainable groundwater and surface water management. This is critical to the long-term productivity and profitability of the LEB's economy, the viability of rural communities and the protection of associated biodiversity, cultural and heritage values.
The target group for the program is primarily postgraduate students enrolled at a public or private Australian tertiary institution. Students who apply would need to satisfy eligibility and assessment criteria in order to be eligible for being awarded the grant. Further eligibility criteria are contained in the program guidelines.
Human rights implications
Table item 474 engages the following right:
* the right to education - Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2.
Article 2 of the ICESCR requires States Parties to take steps to progressively achieve the full realisation of the rights recognised in the ICESCR by all appropriate means.
Article 13(1) of the ICESCR states that States Parties 'recognise the right of everyone to education' and Article 13(2)(c) of the ICESCR states that 'higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education'.
The program will support the right of Australians to equal access to higher education and enable scholars to undertake postgraduate study in relation to the LEB area. In addition, the program will support greater access to higher education for those who may otherwise be unable to afford it.
Table item 474 promotes the right to education by supporting students to undertake research related to the Lake Eyre Basin.
Conclusion
Table item 474 is compatible with human rights as it promotes the right to education under the ICESCR.
Senator the Hon Simon Birmingham
Minister for Finance
Commonwealth Numbered Regulations - Explanatory Statements