Australian Capital Territory Numbered Acts

COMMISSIONER FOR THE ENVIRONMENT ACT (NO 37 OF 1993)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Commissioner for the Environment Act 1993.  

   PART II--OFFICE OF COMMISSIONER FOR THE ENVIRONMENT

   5.      Subject to this Act, the Commissioner holds office for the period (not exceeding 5 years) specified in the instrument of appointment but is eligible for reappointment.  
   6.      The Commissioner shall be paid such remuneration and allowances as are determined by instrument by the Minister.  
   7.      The Minister may grant leave of absence to the Commissioner upon such terms and conditions as to remuneration or otherwise as the Minister by instrument determines.  
   8.      The Commissioner may resign from office by signed notice given to the Minister.  
   10.     The Minister may, by instrument and with the consent of the Commissioner, retire the Commissioner on the grounds of physical or mental incapacity from such date and upon such terms and conditions as the Minister determines.  
   11.     The Commissioner may, by signed instrument, delegate to a public servant all or any of his or her powers under this Act.  

   PART III--FUNCTIONS AND POWERS OF THE COMMISSIONER FOR THE ENVIRONMENT

   13.     A person may make a complaint, in the manner or form approved by the Commissioner, to the Commissioner regarding the management of the environment of the Territory by the Territory or a Territory authority.  
   16.     (1) For the purposes of an investigation under this Act the Commissioner or an authorised person may, at any reasonable time of the day, enter any place occupied by an agency and may carry on the investigation at that place.  
   18.     Where—  

   PART IV--REPORTS STATE OF THE ENVIRONMENT REPORT

   20.     The Commissioner shall, as soon as practicable, and in any event by each 31 August, submit to the Minister for presentation to the Legislative Assembly, a report of the operations of the Commissioner during the year that ended on the preceding 30 June.  
   21.     Where—  
   22.     Where the Commissioner submits any report to the Minister, the Minister shall cause that report to be laid before the Legislative Assembly within 15 sitting days of the Legislative Assembly after its receipt by the Minister.  

   PART V--MISCELLANEOUS AGENCIES' ANNUAL REPORT OBLIGATIONS

   23.     The principal officer of an agency shall include in the annual report of that agency—  
   24.     Neither the Commissioner, a person to whom the Commissioner has delegated any or all of his or her powers, nor a person acting under the Commissioner's direction or authority is liable to an action, suit or proceeding in relation to any act done or omitted to be done in good faith in the exercise or purported exercise of any power or authority conferred by this Act.  
   25.     Where the Commissioner forms the opinion that a complaint falls within the jurisdiction of the Ombudsman, the Commissioner shall, whether or not he or she has commenced an inquiry, refer the complaint, together with relevant documents and information, to the Ombudsman.  
   27.     A person shall not—  
   28.     The Executive may make regulations not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.