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This is a Bill, not an Act. For current law, see the Acts databases.


ENVIRONMENT CONSERVATION COUNCIL BILL 1997

                 PARLIAMENT OF VICTORIA

        Environment Conservation Council Act 1997
                                 Act No.


                     TABLE OF PROVISIONS
Clause                                                            Page

PART 1--ESTABLISHMENT OF COUNCIL                                      1
  1.     Purposes                                                    1
  2.     Commencement                                                2
  3.     Definitions                                                 2
  4.     Establishment of Council                                    3
  5.     Constitution and membership of the Council                  3
  6.     Functions                                                   4
  7.     Powers                                                      4
  8.     Terms of appointment                                        4
  9.     Chairperson                                                 5
  10.    Fees and allowances                                         5
  11.    Resignation and removal                                     5
  12.    Vacancies                                                   5
  13.    Meeting procedure                                           5
  14.    Validity of decisions                                       6
  15.    Committees of the Council                                   7
  16.    Report on operations                                        7

PART 2--INVESTIGATIONS                                                8
  17.    Minister to require investigation                            8
  18.    Requests, amendments and withdrawals to be laid before
         Parliament                                                   8
  19.    Secretary to approve resources for investigation             9
  20.    Matters to be taken into account in investigations           9
  21.    Notice of investigation                                     10
  22.    Submissions                                                 10
  23.    Report on the investigation                                 10
  24.    Extension of time                                           11

PART 3--SAVINGS AND TRANSITIONAL                                     12
  25.    Repeal of Land Conservation Act 1970                        12
  26.    Saving of recommendations                                   12
  27.    Amendment of Land Conservation (Vehicle Control) Act 1972   12
  28.    Amendment of Flora and Fauna Guarantee Act 1988             12


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531191B.I1-29/4/97

 


 

Clause Page 29. Amendment of Reference Areas Act 1978 12 NOTES 13 ii 531191B.I1-29/4/97

 


 

PARLIAMENT OF VICTORIA A BILL to establish an Environment Conservation Council, to make consequential amendments to other Acts and for other purposes. Environment Conservation Council Act 1997 The Parliament of Victoria enacts as follows: PART 1--ESTABLISHMENT OF COUNCIL 1. Purposes The purposes of this Act are to-- (a) establish an Environment Conservation 5 Council to conduct investigations into the use or development of public land within the 1 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 2 Act No. State or any flora, fauna or minerals on above or under that land or water flowing over that land; and (b) repeal the Land Conservation Act 1970; 5 and (c) make various consequential amendments to other Acts; and (d) make other related provisions. 2. Commencement 10 (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a 15 day or days to be proclaimed. (3) If a provision referred to in sub-section (2) has not come into operation before 1 February 1998, it comes into operation on that date. 3. Definitions 20 In this Act-- "additional member" means a person appointed under section 5(2); "Council" means the Environment Conservation Council established under this Act; 25 "member" means a person appointed under section 5(1) and includes the chairperson of the Council; "public land" means-- (a) any unalienated land of the Crown, 30 including, land temporarily or permanently reserved under the Crown Land (Reserves) Act 1978; 2 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 4 Act No. (b) state forest within the meaning of the Forests Act 1958; (c) park, within the meaning of the National Parks Act 1975; 5 (d) land under the management and control of Melbourne Parks and Waterways, established under the Water Industry Act 1994; (e) land vested in any public authority, 10 other than-- (i) a municipal council; or (ii) an Authority under the Water Act 1989, to the extent that the land vested in the Authority is within a 15 sewerage district listed in column 3 of Schedule 12 of the Act; "Secretary" has the same meaning as Director- General in the Conservation Forests and Lands Act 1987. 20 4. Establishment of Council There is established a Council to be called the "Environment Conservation Council". 5. Constitution and membership of the Council (1) The Council consists of 3 members appointed by 25 the Governor in Council on the recommendation of the Minister. (2) For the purposes of an investigation which has been referred to the Council, the Governor in Council, on the recommendation of the Minister, 30 may appoint a person or persons to be members of the Council. (3) The persons appointed to the Council are to be persons who, in the opinion of the Minister, have 3 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 6 Act No. the experience and knowledge necessary to enable the Council to carry out its functions. 6. Functions The functions of the Council are-- 5 (a) carry out those investigations that are requested by the Minister into the use or development of public land or any flora, fauna or minerals on above or under that land or water flowing over that land; and 10 (b) carry out any other functions conferred on the Council by this or any other Act. 7. Powers The Council may do anything necessary or convenient to enable it to carry out its functions. 15 8. Terms of appointment (1) A member of the Council holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment. (2) An additional member holds office for the period 20 of the investigation for which that member is appointed. (3) A member of the Council is eligible for re- appointment. (4) The instrument of appointment of a member and 25 an additional member may specify terms and conditions of appointment. (5) The Public Sector Management Act 1992 (except Part 9 or in accordance with Part 8) does not apply to a member or an additional member in 30 respect of the office of member or additional member. 4 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 9 Act No. 9. Chairperson The Governor in Council must appoint one of the members to be the chairperson of the Council. 10. Fees and allowances 5 Members and additional members who are not officers or employees of the public service are entitled to receive the fees, travelling and other allowances from time to time fixed by the Governor in Council for those members and 10 additional members. 11. Resignation and removal (1) Members and additional members may resign by writing signed by the person resigning and addressed to the Governor in Council. 15 (2) The Governor in Council may at any time remove a member or an additional member from office. 12. Vacancies If a member of the Council dies, resigns or is removed from office, the Governor in Council, in 20 accordance with this Act, may fill the vacant office. 13. Meeting procedure (1) The chairperson is to preside at any meeting of the Council at which he or she is present. 25 (2) If the chairperson is absent from a meeting of the Council, the members present at the meeting must elect one of those present to preside at the meeting. (3) Subject to sub-section (2), meetings of the 30 Council are to be held at such times and places as the chairperson determines. 5 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 14 Act No. (4) The chairperson may at any time convene a meeting, but must do so when requested by a member. (5) A majority of the members for the time being 5 constitutes a quorum of the Council. (6) A question arising at a meeting must be determined by a majority of votes of members present and voting on that question and, if the voting is equal, the person presiding has a casting 10 vote as well as a deliberative vote. (7) The person presiding must ensure that minutes are kept of each of its meetings. (8) Subject to this section, the Council may regulate its own proceedings. 15 14. Validity of decisions (1) An act or decision of the Council is not invalid merely because of-- (a) a defect or irregularity in, or in connection with, the appointment of a member; or 20 (b) a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint an original member. (2) Anything done by or in relation to a person purporting to act as chairperson or as a member is 25 not invalid merely because-- (a) the occasion for the appointment had not risen; or (b) there was a defect or irregularity in relation to the appointment; or 30 (c) the appointment had ceased to have effect. 6 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 15 Act No. 15. Committees of the Council (1) For the purposes of this Act, the Council may appoint any committees that it considers necessary and may abolish any such committee. 5 (2) The membership of a committee is not restricted to the membership of the Council. (3) The Council may determine the procedure of each committee. 16. Report on operations 10 (1) The Council must submit a report on its operation to the Minister on or before 31 October in each year. (2) A report under sub-section (1) must include a report on each investigation completed, 15 commenced or carried out during the year and a statement of the resources used in carrying out each investigation. (3) The Minister must cause a copy of the report to be laid before each House of Parliament, within 7 20 sitting days after the report has been submitted to the Minister. _______________ 7 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 17 Act No. PART 2--INVESTIGATIONS 17. Minister to require investigation (1) The Minister may require the Council to carry out an investigation into the use or development of 5 public land or any flora, fauna or minerals on, above or under that land or water flowing over that land. (2) A request must be in writing and must specify the time within which the Council is to report on the 10 request. (3) The Minister may, at any time during the course of an investigation-- (a) direct the Council on any matters it is to take into consideration; 15 (b) withdraw or amend a request. 18. Requests, amendments and withdrawals to be laid before Parliament (1) The Minister must cause a copy of a request-- (a) to be laid before each House of Parliament, 20 within 14 sitting days after the request is made; and (b) to be published in the Government Gazette, within 14 days after the request is made. (2) The Minister must cause a copy of an amendment 25 or withdrawal of a request-- (a) to be laid before each House of Parliament, within 14 sitting days after the amendment or withdrawal is made; and (b) to be published in the Government Gazette, 30 within 14 days after the amendment or withdrawal is made. 8 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 19 Act No. 19. Secretary to approve resources for investigation (1) The Council must, within 30 days after receiving a request from the Minister, submit a plan for the investigation to the Secretary. 5 (2) A plan must include an estimate of the resources needed to carry out the investigation. (3) The Secretary must consult with the Council over the estimate of the resources and must make available those resources which the Secretary and 10 Council agree are required to effectively carry out the investigation. 20. Matters to be taken into account in investigations In carrying out an investigation under this Act the Council must have regard to-- 15 (a) the ability of any existing or proposed development or use of the land or resources to be ecologically and economically sustainable; (b) the economic and social value of any 20 existing or proposed development or use of the land or resources; (c) the existence of and the need to conserve and preserve any areas of ecological or historical interest or natural beauty on the land; 25 (d) the need for the creation and preservation of parks, reserves and other places of leisure within the State; (e) any international obligations entered into by the Commonwealth and any national 30 agreements entered into with or obligations undertaken in conjunction with the Commonwealth and the other States and Territories which relate to the subject matter of the investigation. 9 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 21 Act No. 21. Notice of investigation (1) The Council must cause notice of an investigation to be published in a newspaper circulating generally throughout the State. 5 (2) A notice under sub-section (1)-- (a) must include a statement of the subject of the investigation; and (b) set out an address where a copy of the Minister's request may be obtained; and 10 (c) must state the fact that submissions may be made; and (d) set out the time within which submissions must be made and form and the manner in which they may be made. 15 22. Submissions (1) Any persons may make submissions an investigation to the Council. (2) A submission must be made-- (a) within 30 days of the publication of a notice 20 under section 21; or (b) if another time is specified in the notice, the time specified in the notice; or (c) in the case of a submission made by a person or class of persons for which the Council 25 allows an extension of time, within the time allowed by the Council. (3) A submission must be made in the form and manner specified in the notice. 23. Report on the investigation 30 (1) The Council must present a written report on the outcome of its investigation to the Minister on or 10 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 24 Act No. before the date specified as the date on which the report is to be made. (2) The report must specify all the proposals made in submissions to the Council and the reasons for 5 which the Council had accepted, rejected or modified those proposals. (3) The Minister must cause a copy of the report to be laid before each House of Parliament, within 7 sitting days after the report has been presented to 10 the Minister. 24. Extension of time (1) The Council may request an extension of time to complete an investigation. (2) A request must be in writing addressed to the 15 Minister. (3) The Minister may either grant or refuse the Council's request. (4) The Minister must advise the Council in writing of his or her decision under sub-section (3) and, if 20 the request is granted, must specify a new time within which the Council is to report on the request. _______________ 11 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 s. 25 Act No. PART 3--SAVINGS AND TRANSITIONAL 25. Repeal of Land Conservation Act 1970 The Land Conservation Act 1970 is repealed. 26. Saving of recommendations 5 (1) The repeal of the Land Conservation Act 1970 does not affect the continuing operation of-- (a) any recommendation made under Act (whether or not notice has been given of that recommendation under section 10(3) of that 10 Act); and (b) any act matter or thing done to give effect to such a recommendation. (2) Any recommendation to which sub-section (1) applies may be amended or revoked by the 15 Governor in Council on the recommendation of the Minister. 27. Amendment of Land Conservation (Vehicle Control) Act 1972 In section 2 of the Land Conservation (Vehicle 20 Control) Act 1972 for "Land Conservation Act 1970" substitute "Environment Conservation Council Act 1997". 28. Amendment of Flora and Fauna Guarantee Act 1988 In section 37 of the Flora and Fauna Guarantee 25 Act 1988, paragraph (e) is repealed. 29. Amendment of Reference Areas Act 1978 In section 2 of the Reference Areas Act 1978, after "Land Conservation Act 1970" insert "as in force immediately before its repeal". 30 12 531191B.I1-29/4/97

 


 

Environment Conservation Council Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 13 531191B.I1-29/4/97

 


 

 


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