Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Victorian Environmental Assessment Council
Bill
As Sent Print
EXPLANATORY MEMORANDUM
Clause 1 states the purpose and provides an outline of the Bill.
Clause 2 provides for the commencement of the Bill. Clauses 1 and 2
come into operation on the day after Royal Assent.
The remaining clauses will come into operation on a day or days
to be proclaimed but no later than 31 December 2001.
Clause 3 defines the terms "additional member", "Council",
"investigation", "member" and "request" for the purpose of the
Bill.
Clause 4 establishes the Victorian Environmental Assessment Council.
Clause 5 states the objectives of the Council.
Clause 6 states the functions of the Council. The main function of the
Council is to carry out investigations requested by the Minister
on any matter relating to the protection and ecologically
sustainable management of the environment and natural
resources of the State of Victoria. This function is not confined
to public land.
Clause 7 provides that the Council may do anything reasonably necessary
or convenient to enable it to carry out its functions, including the
appointment of committees.
Clause 8 provides for a Council of 5 members, appointed by the Governor
in Council on the recommendation of the Minister, with
collective knowledge, skills and experience in various areas that
are relevant to the functions of the Council. This clause also
provides for the appointment of additional members of the
Council for the purpose of particular investigations.
541137 BILL LA AS SENT 2/3/2001
1
Clause 9 provides for the appointment of members of the Council, for the
appointment of additional members of the Council for the
purpose of particular investigations, for the reappointment of
members, for the removal and resignation of members, for the
appointment of acting members, for instruments specifying the
terms and conditions of appointment, for the filling of vacancies
on the Council, for the payment of remuneration and allowances
to members and for the tabling in Parliament of a statement of
reasons where a member is removed. This clause also provides
that a member of the Council is not subject to the Public Sector
Management and Employment Act 1998.
Clause 10 provides for the proceedings of the Council including who is to
preside, voting entitlements and the limited role of additional
members of the Council (who may vote only on matters directly
relating to the investigation in respect of which they were
appointed).
Clause 11 provides that an act or decision of the Council is not to be invalid
simply because of a vacancy in the membership of the Council or
because of a defect or irregularity in relation to the appointment
of a member. This clause also provides that something done by
or in relation to a person purporting to act as the Chairperson or a
member of the Council is not to be invalid simply because of
various problems with their appointment.
Clause 12 provides for the Council to appoint and abolish committees, for
the Council to determine the procedure of each committee and
for non-Council members to be members of committees.
Clause 13 provides for the Council to appoint for each investigation a
Community Reference Group that includes representatives with
interests relevant to the investigation.
Clause 14 provides for the Council to submit an annual report to the
Minister regarding its investigations for the previous financial
year and for the tabling of the report in Parliament.
Clause 15 provides for the Minister in writing to request the Council to
carry out an investigation, for the Minister to specify or give
directions to the Council regarding various aspects of the
investigation and for a request to be amended or withdrawn.
Under this clause, the Minister will have the ability to increase or
2
reduce the usual three opportunities for the community to make
submissions.
Clause 16 provides for a request and an amendment or withdrawal of a
request to be tabled in Parliament within 7 sitting days and
published in the Government Gazette and the internet within
7 days after it has been made.
Clause 17 provides that after receiving a request from the Minister, the
Council is required to prepare a business plan including the
resources required for the investigation. The Minister must
consult with the Council and ensure that the necessary resources
are made available by the Department Head of the Department of
Natural Resources and Environment.
Clause 18 provides that in carrying out an investigation the Council must
have regard to certain matters, foremost being the principles of
ecologically sustainable development.
Clause 19 provides that the Council must confer with a Department or
public authority which may be affected by an investigation and
those bodies to assist the Council in the investigation.
Clause 20 provides that the Council must publish notice of an investigation
which indicates where copies of the Minister's request may be
obtained, and giving details of the opportunity for and manner of
making submissions.
Clause 21 provides for the Council to publish notice of a discussion paper
or draft recommendations which indicates where a copy of the
discussion paper or draft proposals may be obtained, and giving
details of the opportunity for and manner of making submissions.
Clause 22 provides that any person or body is entitled to make a submission
on an investigation, a discussion paper and a draft proposals
paper.
Clause 23 provides that the Council must submit a report to be tabled in
Parliament by the Minister of an investigation setting out a
detailed rationale for each of its recommendations and stating
reasons why it accepted, rejected or modified the main proposals
made in submissions on the investigation. The report must be
accompanied by a copy of each submission made in relation to
the investigation.
3
Clause 24 provides that the Council may request the Minister for an
extension of time to complete an investigation and for the
Minister to grant or refuse such a request.
Clause 25 provides for the Government to respond to a report of an
investigation by the first sitting day which occurs after six
months from the day of the tabling of the investigation report and
for the Government's statement of response to be published
within 7 days of being laid before each House of the Parliament.
Clause 26 provides that if a statement of response of the Government
accepts or partly accepts a recommendation of the Council, the
Government must ensure that to that extent the recommendation
is implemented.
Clause 27 repeals the Environment Conservation Council Act 1997.
Clause 28 provides that the repeal of the Environment Conservation
Council Act 1997 does not affect the continuing operation of
any recommendations made by the Land Conservation Council
or the Environment Conservation Council or affect anything
done to give effect to such recommendations. This clause also
provides for a recommendation of the Land Conservation
Council to be amended or revoked by the Governor in Council
on the recommendation of the Minister and for any
recommendation of the Environment Conservation Council to be
deemed to be a recommendation of the Victorian Environment
Assessment Council.
Clause 29 provides for a definition of "public land" to be inserted into the
Land Conservation (Vehicle Control) Act 1972 that will be
required on the repeal of the Environment Conservation
Council Act 1997. The Land Conservation (Vehicle Control)
Act 1972 currently adopts the definition of "public land" in the
Environment Conservation Council Act 1997.
4