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


PARLIAMENTARY PRECINCTS BILL 2001

                 PARLIAMENT OF VICTORIA

 Victorian Environmental Assessment Council Act
                     2000
                                  Act No.


                      TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         1
  1.     Purpose and outline of Act                                         1
  2.     Commencement                                                       3
  3.     Definitions                                                        3

PART 2--VICTORIAN ENVIRONMENTAL ASSESSMENT
COUNCIL                                                                     4
  4.     Establishment of Council                                           4
  5.     Objectives of Council                                              4
  6.     Functions                                                          4
  7.     Powers                                                             4
  8.     Constitution and membership of the Council                         5
  9.     Terms and conditions of office of members                          6
  10.    Proceedings of the Council                                         7
  11.    Validity of decisions                                              8
  12.    Committees of the Council                                          8
  13.    Community Reference Groups                                         9
  14.    Report on operations                                               9

PART 3--INVESTIGATIONS                                                     11
  15.    Minister to request investigation                                 11
  16.    Requests, amendments and withdrawals to be laid before the
         Parliament                                                        12
  17.    Minister to approve resources for investigation                   12
  18.    Matters to be taken into account in investigations and
         recommendations                                                   13
  19.    Role of Departments and public authorities                        14
  20.    Notice of investigation                                           14
  21.    Notice of preparation of discussion paper and draft proposals
         paper                                                             15
  22.    Submissions                                                       15
  23.    Report on the investigation                                       16



                                      i
541137B.A1-2/3/2001                                   BILL LA AS SENT 2/3/2001

 


 

Clause Page 24. Extension of time 17 25. Government response 18 26. Implementation 18 PART 4--MISCELLANEOUS AND TRANSITIONAL 19 27. Repeal of Environment Conservation Council Act 1997 19 28. Saving of recommendations 19 29. Amendment of Land Conservation (Vehicle Control) Act 1972 20 ENDNOTES 21 INDEX 22 ii 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 1 November 2000 As amended by Assembly 1 March 2001 A BILL to establish the Victorian Environmental Assessment Council, to repeal the Environment Conservation Council Act 1997 and for other purposes. Victorian Environmental Assessment Council Act 2000 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose and outline of Act1 (1) The purpose of this Act is to establish the Victorian Environmental Assessment Council to 5 conduct investigations and make recommendations relating to the protection and ecologically sustainable management of the 1 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 1 Act No. environment and natural resources of the State of Victoria. (2) In outline this Act-- · establishes the Victorian Environmental 5 Assessment Council with 5 members appointed by the Governor in Council; · enables the appointment of additional members of the Council for particular investigations; · provides for the Council to establish 10 Committees and Community Reference Groups; · requires the Council to report on its operations; · sets out the process for requesting 15 investigations to be carried out by the Council; · sets out the considerations the Council is to have regard to in investigations and recommendations; · sets out the process for public submissions; 20 · requires reports on investigations to be tabled in Parliament and made publicly available; · requires a statement of the response of the Government to recommendations to be tabled 25 in Parliament and made publicly available; · requires the Government to implement recommendations to the extent that they are accepted by the Government; · repeals the Environment Conservation Act 30 1997. 2 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 2 Act No. (3) Sub-section (2) is intended only as a guide to readers as to the general scheme and effect of this Act. 2. Commencement 5 (1) Section 1 and this section come into operation on the day after 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 10 day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 31 December 2001, it comes into operation on that day. 3. Definitions 15 In this Act-- "additional member" means a person appointed under section 8(4); "Council" means the Victorian Environmental Assessment Council established under this 20 Act; "investigation" means an investigation requested by the Minister under section 15; "member" means a person appointed under section 8(1) and includes the Chairperson of 25 the Council; "request" means a request for an investigation. _______________ 3 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 4 Act No. PART 2--VICTORIAN ENVIRONMENTAL ASSESSMENT COUNCIL 4. Establishment of Council There is established a Council to be called the 5 "Victorian Environmental Assessment Council". 5. Objectives of Council The objectives of the Council are to-- (a) provide independent and strategic advice to the Government of Victoria on matters 10 relating to the protection and ecologically sustainable management of the environment and natural resources of the State of Victoria; and (b) ensure that it performs its functions in a 15 manner that facilitates the objectives of this Act. 6. Functions The functions of the Council are to-- (a) carry out investigations that are requested by 20 the Minister on matters relating to the protection and ecologically sustainable management of the environment and natural resources of the State of Victoria; and (b) carry out any other functions that are 25 conferred on the Council by this or any other Act. 7. Powers (1) Subject to this Act, the Council may do anything reasonably necessary or convenient to enable it to 30 carry out its functions. (2) Without limiting its other powers, the Council may-- 4 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 8 Act No. (a) appoint committees in accordance with section 12; and (b) with the consent of the Minister administering the relevant Department, make 5 use of the services of any person employed in the Department. 8. Constitution and membership of the Council (1) The Council consists of 5 members appointed by the Governor in Council on the recommendation 10 of the Minister. (2) In making a recommendation under sub-section (1), the Minister must have regard to the need for the Council to collectively have experience, skills and knowledge in the following areas-- 15 (a) environment protection and conservation; (b) natural resources management; (c) economics and business management; (d) rural and regional affairs; (e) issues relating to indigenous peoples; 20 (f) local government; (g) social and community affairs; (h) community consultation and participation. (3) The Governor in Council must, on the recommendation of the Minister, appoint one of 25 the members to be the Chairperson of the Council. (4) For the purposes of a particular investigation, the Governor in Council, on the recommendation of the Minister, may appoint one or more additional members of the Council. 30 (5) In making a recommendation under sub-section (4), the Minister must have regard to the need for the Council to have experience, skills and 5 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 9 Act No. knowledge in the areas most directly related to the particular investigation. 9. Terms and conditions of office of members (1) Subject to this section, a member holds office for 5 a term not exceeding 3 years as is specified in the instrument of appointment. (2) A member is eligible for re-appointment. (3) An additional member holds office for the period of the investigation for which that member is 10 appointed. (4) The instrument of appointment of a member may specify terms and conditions of appointment not inconsistent with this Act. (5) A member is not subject to the Public Sector 15 Management and Employment Act 1998 in respect of the office of member. (6) A member who is not an employee in the public service is entitled to the remuneration and allowances (if any) fixed by the Minister. 20 (7) If a member is ill or absent, the Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of that member during the period of illness or absence. (8) A member may resign in writing addressed to the 25 Governor in Council. (9) The office of a member becomes vacant if the member retires, resigns or dies. (10) The Governor in Council, on the recommendation of the Minister, may remove a member from 30 office if the member has-- (a) refused, neglected or failed to carry out his or her duties; or 6 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 10 Act No. (b) demonstrated inefficiency or misbehaviour in carrying out his or her duties. (11) If a member is removed from office under sub- section (10), the Minister must cause to be laid 5 before each House of the Parliament a full statement of the grounds of the removal within 7 sitting days of that House after the removal. (12) If there is a vacancy in the office of a member under sub-section (9) or (10), the vacancy must be 10 filled in accordance with section 8. (13) In sub-sections (4) to (12) a reference to a member includes a reference to an additional member. 10. Proceedings of the Council (1) The Chairperson is to preside at any meeting of 15 the Council at which he or she is present. (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. 20 (3) Subject to sub-section (2), meetings of the Council are to be held at such times and places as the Chairperson determines. (4) The Chairperson may at any time convene a meeting, but must do so when requested by a 25 member. (5) A majority of the members and additional members for the time being constitutes a quorum of the Council. (6) A question arising at a meeting must be 30 determined by a majority of votes of members and additional members present and voting on that question. 7 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 11 12 Act No. (7) If the voting is equal, subject to sub-section (9), the person presiding has a casting vote as well as a deliberative vote. (8) An additional member is eligible to vote only in 5 respect of a question directly relating to the investigation in respect of which he or she is appointed. (9) If the person presiding is an additional member, he or she does not have a casting vote or a 10 deliberative vote in respect of any question not directly relating to the investigation in respect of which he or she is appointed. (10) The person presiding at a meeting must ensure that minutes of the meeting are kept. 15 (11) Subject to this section, the Council may regulate its own proceedings. 11. Validity of decisions (1) An act or decision of the Council is not invalid merely because of-- 20 (a) a defect or irregularity in, or in connection with, the appointment of a member; or (b) a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint an original member. 25 (2) Anything done by or in relation to a person purporting to act as Chairperson or as a member is not invalid merely because-- (a) the occasion for the appointment had not risen; or 30 (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment had ceased to have effect. 12. Committees of the Council 8 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 14 Act No. (1) For the purposes of this Act, the Council may appoint any committees that it considers necessary and may abolish any such committee. (2) The membership of a committee is not restricted 5 to the membership of the Council. (3) The Council may determine the procedure of each committee. 13. Community Reference Groups (1) The Council must establish a Community 10 Reference Group in respect of each investigation for the purpose of providing advice to the Council. (2) The members of a Community Reference Group should include representatives who have an 15 interest relevant to the investigation, including, but not limited to, representatives from the following-- (a) environment protection and conservation groups; 20 (b) industry; (c) farmers; (d) unions; (e) indigenous peoples; (f) local government; 25 (g) other community interests. (3) The Council may determine the procedure of each Community Reference Group. 14. Report on operations (1) The Council must submit a report on its operation 30 to the Minister on or before 31 October in each year. 9 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 Act No. (2) A report under sub-section (1) must include-- (a) a report on each investigation completed, commenced or conducted during the preceding financial year; 5 (b) 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 the Parliament within 7 sitting days of that House after the report has 10 been submitted to the Minister. _______________ 10 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 15 Act No. PART 3--INVESTIGATIONS 15. Minister to request investigation (1) The Minister may request the Council to carry out an investigation for the purposes of this Act. 5 (2) A request-- (a) must be in writing; (b) must specify the time within which the Council is to report on the completed investigation; 10 (c) must specify that the Council is to prepare a discussion paper and a draft proposals paper, unless sub-section (3) applies; (d) may give the Council directions as to the number of public submission periods to be 15 held and the length of time to be allowed for public submissions. (3) Despite sub-section (2)(c), the Minister may in respect of a particular investigation specify in the request any or all of the following-- 20 (a) that a discussion paper is not to be prepared; (b) that a draft proposals paper is not to be prepared; (c) that one or more other stages or processes as identified in the request are to be undertaken 25 during the investigation. (4) 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; 30 (b) amend or withdraw the request. 11 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 16 Act No. 16. Requests, amendments and withdrawals to be laid before the Parliament The Minister must cause a copy of a request, amendment or withdrawal-- 5 (a) to be laid before each House of the Parliament, within 7 sitting days of that House; (b) to be published in the Government Gazette, within 7 days; 10 (c) to be published on the internet, within 7 days-- after the request, amendment or withdrawal is made. 17. Minister to approve resources for investigation 15 (1) The Council must, within the specified period after receiving a request from the Minister, submit a business plan and budget for the investigation to the Minister. (2) In sub-section (1), "specified period" means-- 20 (a) 30 days; or (b) any longer period specified in writing by the Minister. (3) A plan must include an estimate of the financial and other resources needed to carry out the 25 investigation. (4) The Minister must-- (a) consult with the Council over the estimate of the resources; (b) ensure that the Department Head of the 30 Department of Natural Resources and Environment makes available those resources which the Minister considers are 12 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 18 Act No. required to effectively carry out the investigation. 18. Matters to be taken into account in investigations and recommendations 5 The Council must have regard to the following considerations in carrying out an investigation and in making recommendations to the Minister-- (a) the principles of ecologically sustainable development; 10 (b) the need to conserve and protect biological diversity; (c) the need to conserve and protect any areas which have ecological, natural, landscape or cultural interest or significance, recreational 15 value or geological or geomorphological significance; (d) the need to provide for the creation and preservation of a comprehensive, adequate and representative system of parks and 20 reserves within the State of Victoria; (e) the existence of any international treaty ratified by the Commonwealth of Australia which is relevant to the investigation; (f) any agreement at a national, inter-state or 25 local government level into which the Government of Victoria has entered, or under which the Government of Victoria has undertaken any obligation in conjunction with the Commonwealth, a State, Territory 30 or municipal council, which relates to the subject matter of the investigation; (g) the potential environmental, social and economic consequences of implementing the proposed recommendations; 13 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 19 Act No. (h) any existing or proposed use of the environment or natural resources. 19. Role of Departments and public authorities (1) The Council must confer with any Department or 5 public authority which may be affected by the conduct or results of an investigation. (2) Departments and public authorities must give practicable assistance to the Council in carrying out an investigation. 10 20. Notice of investigation (1) The Council must cause notice of an investigation to be published. (2) If, at any time during the course of an investigation, the Council proposes to receive 15 further submissions on the investigation, the Council must cause notice that it is to receive further submissions on the investigation to be published. (3) A notice under sub-section (1) or (2) must-- 20 (a) be published-- (i) in a newspaper circulating generally throughout the State; and (ii) on the internet; (b) include a statement of the subject of the 25 investigation; (c) specify an address and the address of the internet site where a copy of the Minister's request may be obtained; (d) state that submissions may be made; 30 (e) specify-- 14 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 21 22 Act No. (i) the period of time; and (ii) the form and the manner-- in which submissions can be made. 21. Notice of preparation of discussion paper and draft 5 proposals paper (1) After the Council has prepared a discussion paper on an investigation, the Council must cause notice of the preparation of the discussion paper to be published. 10 (2) After the Council has prepared a draft proposals paper on an investigation, the Council must cause notice of the preparation of the draft proposals paper to be published. (3) A notice under sub-section (1) or (2) must-- 15 (a) be published-- (i) in a newspaper circulating generally throughout the State; and (ii) on the internet; (b) include a statement of the subject of the 20 investigation; (c) specify an address and the address of the internet site where a copy of the paper may be obtained; (d) state that submissions may be made; 25 (e) specify-- (i) the period of time; and (ii) the form and the manner-- in which submissions can be made. 22. Submissions 15 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 Act No. (1) Any person or body is entitled to make a submission to the Council on-- (a) an investigation; (b) a discussion paper; 5 (c) a draft proposals paper. (2) A submission must be made within the specified time of the publication of a notice under section 20 or 21. (3) Despite anything to the contrary in section 20 or 10 section 21 or this section, the Council may allow an extension of the specified time for a particular submission or class of submissions. (4) In this section, "specified time" means the period of time specified in the notice under section 20 or 15 21 being-- (a) the time, if any, specified by the Minister in the request; or (b) if the Minister did not specify a time, within 60 days or a longer period determined by the 20 Council. 23. Report on the investigation (1) The Council must submit a written report on the results of its investigation to the Minister within the time specified by the Minister in the request. 25 (2) The report must specify-- (a) any recommendations resulting from the investigation; (b) a detailed rationale for each of the recommendations; 30 (c) the main proposals made in submissions to the Council and the reasons why the Council 16 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 24 Act No. accepted, rejected or modified those proposals. (3) The report must be accompanied by a copy of each submission received in relation to the 5 investigation. (4) The Council must provide the Minister with copies of the report to be made publicly available. (5) The Minister must cause a copy of the report-- (a) to be laid before each House of the 10 Parliament, within 7 sitting days of that House; (b) to be available for public perusal, within 7 days; (c) to be published on the internet, within 15 7 days-- after the report has been presented to the Minister. 24. Extension of time (1) The Council may apply for an extension of time to complete an investigation. 20 (2) An application must-- (a) be made not later than 30 days before the date on which the Council is required to submit the report; (b) be in writing addressed to the Minister; 25 (c) explain the reasons why an extension of time is necessary. (3) The Minister must either grant or refuse the application. (4) The Minister must-- 17 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 25 Act No. (a) advise the Council in writing of his or her decision; and (b) if the application is granted, must specify a new time within which the Council is to 5 report on the investigation. 25. Government response (1) The Minister must, not later than the first sitting day after the period of 6 months since the sitting day on which the report of the Council was laid 10 before each House of the Parliament, cause a statement of the response of the Government to the report to be laid before each House specifying the action (if any) proposed to be taken by the Government with respect to each recommendation 15 of the Council. (2) Within 7 days after the statement of the response of the Government has been laid before each House of the Parliament, the Minister must ensure that a copy of the statement is published-- 20 (a) in the Government Gazette; (b) on the internet. 26. Implementation If the statement of the response of the Government specifies that the Government wholly 25 or partly accepts a recommendation of the Council, the Government must ensure that appropriate actions are taken to implement the recommendation to the extent that it has been accepted. 30 _______________ 18 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 27 Act No. PART 4--MISCELLANEOUS AND TRANSITIONAL 27. Repeal of Environment Conservation Council Act 1997 The Environment Conservation Council Act 5 1997 is repealed. 28. Saving of recommendations (1) The repeal of the Environment Conservation Council Act 1997 does not affect the continuing operation of-- 10 (a) any recommendation made under the Environment Conservation Council Act 1997; (b) any act, matter or thing done to give effect to a recommendation referred to in 15 paragraph (a); (c) any recommendation made under the Land Conservation Act 1970 (whether or not notice had been given of that recommendation under section 10(3) of that 20 Act); and (d) any act, matter or thing done to give effect to a recommendation referred to in paragraph (c). (2) Any recommendation to which sub-section (1)(c) 25 applies may be amended or revoked by the Governor in Council on the recommendation of the Minister. (3) Any recommendation to which sub-section (1)(a) applies is deemed to be a recommendation of the 30 Council and this Act applies accordingly. 19 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 s. 29 Act No. 29. Amendment of Land Conservation (Vehicle Control) Act 1972 For section 2 of the Land Conservation (Vehicle Control) Act 1972 substitute-- 5 '2. Definition In this Act-- "public land" means-- (a) any unalienated land of the Crown, including land temporarily 10 or permanently reserved under the Crown Land (Reserves) Act 1978; (b) State forest within the meaning of the Forests Act 1958; 15 (c) park, within the meaning of the National Parks Act 1975; (d) land under the ownership or control of Melbourne Parks and Waterways, established under the 20 Water Industry Act 1994; (e) land vested in any public authority, other than-- (i) a municipal council; or (ii) an Authority under the 25 Water Act 1989, to the extent that the land vested in the Authority is within a sewerage district listed in column 3 of Schedule 12 of 30 that Act.'. 20 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 Endnotes Act No. ENDNOTES 1 The index attached to this Act does not form part of this Act and is provided for convenience of reference only. By Authority. Government Printer for the State of Victoria. 21 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 Act No. INDEX Subject Section Act amendments to other Acts 29 commencement 2 purpose and outline 1 repeals 27 saving of recommendations under other Acts 28 13 Community Reference Groups Definitions additional member 3 Council 3 investigation 3 member 3 request 3 specified period 17 specified time 22 Investigations amendments of requests for 15, 16 business plans and budgets for 17 Community Reference Groups 13 discussion papers 15, 21, 22 draft proposals 15, 21, 22 extension of time 24 government response to recommendations 25 implementation of recommendations 26 matters to be taken into account 15, 18 notice of 20 recommendations 23, 25-26 reports on 14, 23 requests by Minister for 15-16 resources for 14, 17 role of departments and public authorities 19 submissions 15, 20, 21, 22, 23 withdrawal of requests for 15, 16 Victorian Environmental Assessment Council additional members 8, 9, 10 chairperson 8, 10 committees 12 community reference groups established by 13 constitution and membership 8 establishment 4 functions 6 objectives 5 22 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

Victorian Environmental Assessment Council Act 2000 Act No. Subject Section powers 7 proceedings 10 reports on operations 14 terms and conditions of office 9 validity of decisions 11 23 541137B.A1-2/3/2001 BILL LA AS SENT 2/3/2001

 


 

 


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