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ENVIRONMENTAL RESTORATION AND REHABILITATION
TRUST BILL 1990*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The following Bills are cognate with this Bill:
Environmental Research Trust Bill 1990;
Environmental Education Trust Bill 1990.
The object of this Bill is to constitute an Environmental Restoration and
Rehabilitation Trust to be funded by 70 per cent of payments to the Water Board
for trade waste disposal permissions from 1 January 1990 to 1 July 2000 and 100 per
cent of those payments after 1 July 2000.
The Trust's main object is to promote restoration and rehabilitation projects in
the public and private sectors that will or are likely to reduce pollution, the
waste-stream or environmental degradation, within the area of the Water Board and
the Trust can make grants to individuals or organisations for that purpose.
PART 1 - PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 defines certain expressions for the purposes of the proposed Act.
PART 2 - ENVIRONMENTAL RESTORATION AND REHABILITATION
TRUST
Clause 4 constitutes the Environmental Restoration and Rehabilitation Trust as
a body corporate.
Clause 5 provides for the Trust to consist of 7 members and specifies who the
members are to be.
* Amended in committee - see table at end of volume.
Environmental Restoration and Rehabilitation Trust 1990
Clause 6 states the object of the Trust (as referred to above).
Clause 7 states that the functions of the Trust are to make grants for the purpose
of promoting its object, supervise the expenditure of grants, expend money on
pollution clean-up operations and engage in other activities approved by the
Minister.
Clause 8 requires the Trust to establish a Technical Committee and. allows it to
establish other committees.
PART 3 - GRANTS ETC.
Clause 9 requires the Trust to refer each application for a grant to the Technical
Commit tee.
Clause 10 states that grants can be made only out of the income derived from
investment of money in the Environmental Restoration and Rehabilitation Trust
Fund established under clause 16.
Clause 11 limits the amount of each grant to no more than 10 per cent of the
Trust's income during the previous financial year. Each grant is to be expended
within 2 years. The Trust may waive those requirements in special cases but must
include details of its decision to do so in its next annual report.
Clause 12 enables the Trust to make grants out of the capital of the Fund in
special cases but only if the decision is supported unanimously by Trust members.
In such cases, the Trust may waive the requirements of clauses 10 and 11.
Clause 13 requires the Minister to lay before each House of Parliament copies of
the minutes of a meeting at which the Trust decided to make a grant under clause
12.
Clause 14 allows the Trust to expend up to 20 per cent of its income from
investments on funding clean-up operations of serious pollution. If the Crown
recovers the expenses of such operations, the Trust is to be reimbursed,
Clause 15 enables the Trust to recover grants that have not been properly applied.
PART 4 - FINANCE
Clause 16 provides for the establishment in the Special Deposits Account in the
Treasury of an Environmental Restoration and Rehabilitation Trust Fund.
The main source of funding consists of 70 per cent of payments to the Water
Board from 1 January 1990 to 1 July 2000 for the benefit of permissions relating to
the discharge of trade waste into any service of the Board and 100 per cent of those
payments after 1 July 2000.
The Trust may use only the income from investment of money in the Fund.
Clause 17 requires the Trust to invest money in the Fund in accordance with the
Public Authorities (Financial Arrangements) Act 1987 or in a manner approved by
the Treasurer.
PART 5 - ADMINISTRATION
Clause 18 enables the Trust, with the approval of the Minister, to use the staff and
facilities of government departments and authorities.
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PART 6 - MISCELLANEOUS
Clause 20 specifies the financial year of the Trust.
Clause 21 provides that proof of certain matters relating to the Trust is not
required in legal proceedings.
Clause 22 enables regulations to be made by the Governor-in-Council for the
purposes of the Act.
Clause 23 amends the Public Finance and Audit Act 1983 to apply the auditing
and accounting provisions of that Act to the Trust.
SCHEDULE 1 - PROVISIONS RELATING TO MEMBERS AND
PROCEDURE OF THE TRUST
Schedule 1 contains provisions relating to the members and procedure of the
Trust, including provisions dealing with terms of office, vacation of office, general
procedure, presiding member and voting.
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