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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Catchment Management Authorities
Bill 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 3
5 State-wide standards and targets 3
Part 2 Establishment of authorities
6 Catchment management authorities 4
7 Area of operations of authorities 4
8 Boards of authorities 4
9 Ministerial control 5
10 General manager and other staff 5
11 Abolition, establishment or change of name or area of
operations of authorities 5
Catchment Management Authorities Bill 2003
Contents
Page
12 Efficiency and effectiveness review 6
13 Appointment of administrator 6
Part 3 Functions of authorities
14 General functions 7
15 Specific functions 7
16 Functions to be exercised in area of operations 7
17 Annual reports 8
18 Delegation of functions 8
Part 4 Catchment action plans
19 Preparation of draft plans 9
20 Contents of draft plans 9
21 Consultation on draft plan 9
22 Submission of draft plans for approval 10
23 Approval of plans 10
24 Publication of plans 11
25 Amendment, replacement or revocation of plans 11
26 Periodic review and auditing of plans 11
Part 5 Annual implementation programs
27 Preparation of annual implementation programs 12
28 Approval of program 12
29 Carrying out of program 12
Part 6 Financial
30 Funds of authorities 13
31 Investment powers 13
32 Fees for services etc 13
33 Catchment contributions 14
Part 7 Miscellaneous
34 Act binds the Crown 15
35 Acquisition of land 15
36 Entry on land for inspections and construction of works 15
37 Proof of certain matters not required 16
38 Civil proceedings against authorities 16
39 Proceedings for offences 16
40 Regulations 16
41 Amendment of other Acts 17
42 Repeals 17
Contents page 2
Catchment Management Authorities Bill 2003
Contents
Page
43 Savings, transitional and other provisions 17
44 Review of Act 17
Schedule 1 List of catchment management authorities 18
Schedule 2 Areas of operations of authorities 19
Schedule 3 Provisions relating to boards of authorities 20
Schedule 4 Catchment contributions 26
Schedule 5 Amendment of other Acts 32
Schedule 6 Savings, transitional and other provisions 34
Contents page 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Catchment Management Authorities
Bill 2003
Act No , 2003
An Act to establish catchment management authorities and to devolve to them
certain natural resource management functions in their regions; to repeal the
Catchment Management Act 1989 and to amend various Acts consequentially;
and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Catchment Management Authorities Bill 2003
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Catchment Management Authorities Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Objects of Act
The objects of this Act are as follows:
(a) to establish authorities for the purpose of devolving
operational, investment and decision-making natural resource
functions to catchment levels,
(b) to provide for proper natural resource planning at a catchment
level,
(c) to ensure that decisions about natural resources take into
account appropriate catchment issues,
(d) to require decisions taken at a catchment level to take into
account State-wide standards and to involve the Natural
Resources Commission in catchment planning where
appropriate,
(e) to involve communities in each catchment in decision making
and to make best use of catchment knowledge and expertise,
(f) to ensure the proper management of natural resources in the
social, economic and environmental interests of the State,
(g) to apply sound scientific knowledge to achieve a fully
functioning and productive landscape,
(h) to provide a framework for financial assistance and incentives
to landholders in connection with natural resource
management.
Page 2
Catchment Management Authorities Bill 2003 Clause 4
Preliminary Part 1
4 Definitions
(1) In this Act:
annual implementation program means an annual implementation
program of an authority that has been approved by the Minister
under Part 5.
authority means a catchment management authority established
under Part 2.
catchment action plan means a catchment action plan of an
authority that has been approved by the Minister under Part 4.
catchment activities means activities relating to natural resource
management in an area (including the planting of trees, the removal
of weeds or obstructions, the carrying out of works and education or
training).
exercise a function includes perform a duty.
function includes a power, authority or duty.
government agency means any public or local authority, and
includes:
(a) a government department, State owned corporation and
council of a local government area, and
(b) the head of a government agency.
natural resource management has the same meaning it has in
section 5 of the Natural Resources Commission Act 2003.
Natural Resources Commission means the Natural Resources
Commission established under Part 2 of the Natural Resources
Commission Act 2003.
(2) Notes included in this Act do not form part of this Act.
5 State-wide standards and targets
For the purposes of this Act, State-wide natural resource
management standards and targets are the State-wide standards
and targets for natural resource management issues that have been
adopted by the Government for the purposes of this Act.
Note. Section 13 of the Natural Resources Commission Act 2003 provides that
the Natural Resources Commission may make recommendations on such
standards and targets.
Page 3
Clause 6 Catchment Management Authorities Bill 2003
Part 2 Establishment of authorities
Part 2 Establishment of authorities
6 Catchment management authorities
(1) The authorities listed in Schedule 1 from time to time are
established by this Act as catchment management authorities.
(2) An authority is a body corporate with the corporate name specified
in Schedule 1.
(3) An authority is a statutory body representing the Crown.
7 Area of operations of authorities
The area of operations of an authority is the area described or
referred to in Schedule 2.
8 Boards of authorities
(1) There is to be a board for each authority, called the "[Name of
authority] Board".
(2) The affairs of an authority are to be controlled by the board of the
authority. Any act, matter or thing done in the name of, or on behalf
of, an authority by the board of the authority is taken to have been
done by the authority.
(3) The board of an authority is to consist of such members (being not
less than 5 and not more than 7) as are appointed by the Minister.
(4) The members of the board of an authority are to be persons who
together have, in the opinion of the Minister, skills and knowledge
in the following areas:
(a) primary production,
(b) environmental, social and economic analysis,
(c) State and local government administration,
(d) negotiation and consultation,
(e) business administration,
(f) community leadership,
(g) biodiversity conservation,
(h) cultural heritage,
(i) water quality.
Page 4
Catchment Management Authorities Bill 2003 Clause 9
Establishment of authorities Part 2
(5) The Minister is to ensure that, as far as practicable, the persons
appointed as members of the board of an authority reside in the area
of operations of the authority.
(6) The Minister is to appoint one member of the board of an authority
as the chairperson of the board and another member as the deputy
chairperson of the board.
(7) Schedule 3 has effect with respect to the members and procedure of
boards of authorities.
9 Ministerial control
(1) An authority is, in the exercise of its functions, subject to the control
and direction of the Minister.
(2) An authority is to provide the Minister with such information and
material as the Minister may require in relation to its policies,
programs and procedures.
10 General manager and other staff
(1) A general manager and other staff of an authority are to be
employed under Chapter 2 of the Public Sector Employment and
Management Act 2002.
(2) An authority may arrange for the use of the services of any staff or
facilities of a government agency.
(3) For the purposes of this Act, a person employed under subsection
(1) or whose services are made use of under subsection (2) is a
member of staff of the authority concerned.
(4) An authority may engage consultants to assist it in the exercise of its
functions.
11 Abolition, establishment or change of name or area of operations of
authorities
(1) The Minister may, by order published in the Gazette, amend
Schedules 1 and 2 for the purpose of:
(a) establishing an authority, or
(b) abolishing an authority, or
(c) changing the name of an authority, or
(d) changing the area of operations of an authority.
(2) Any such order may contain savings and transitional provisions.
Page 5
Clause 12 Catchment Management Authorities Bill 2003
Part 2 Establishment of authorities
(3) The area of operations of an authority may be described in Schedule
2 by reference to a local government area or in any other manner
(including by reference to a map or other description).
12 Efficiency and effectiveness review
(1) The Minister may appoint a person to investigate and review the
efficiency of an authority in exercising its functions and the
effectiveness of the authority in achieving its objectives.
(2) The Minister may direct that the authority is to bear the whole or any
part of the costs of an investigation and review under this section.
13 Appointment of administrator
(1) The Minister may, by order published in the Gazette, appoint an
administrator to exercise all the functions, or specified functions, of
an authority if the Minister is satisfied that the authority has failed
to comply with its obligations under this Act, that the property of the
authority has not been properly applied or managed or that the board
has ceased to function effectively in managing the affairs of the
authority.
(2) An administrator has, during his or her term of office and to the
exclusion of the board of the authority, the functions the
administrator was appointed to exercise.
(3) The general manager and other staff of the authority are required:
(a) to provide accommodation for the administrator and his or her
assistants at the offices of the authority if requested to do so
by the administrator, and
(b) to assist, and to refrain from obstructing, the administrator in
the exercise of his or her functions.
Page 6
Catchment Management Authorities Bill 2003 Clause 14
Functions of authorities Part 3
Part 3 Functions of authorities
14 General functions
(1) An authority has the general function of carrying out or funding
catchment activities in accordance with this Act.
(2) An authority has such other functions as are conferred or imposed
on it by or under this or any other Act (including any environmental
planning instrument).
Note. Authorities are, for example, to have the functions under the Native
Vegetation Act 2003 and may have threatened species or other functions
conferred in future under other Acts. Authorities have the capacity to be
appointed as the consent authority for development under the Environmental
Planning and Assessment Act 1979.
15 Specific functions
An authority has the following functions:
(a) to develop catchment action plans and to give effect to any
such approved plans through annual implementation
programs,
(b) to provide loans, grants, subsidies or other financial assistance
for the purposes of the catchment activities it is authorised to
fund,
(c) to enter contracts or do any work for the purposes of the
catchment activities it is authorised to carry out,
(d) to assist landholders to further the objectives of its catchment
action plan (including providing information about native
vegetation),
(e) to provide educational and training courses and materials in
connection with natural resource management,
(f) to exercise any other function relating to natural resource
management as is prescribed by the regulations.
16 Functions to be exercised in area of operations
(1) The functions of an authority may only be exercised in or in relation
to its area of operations.
(2) However, subsection (1) does not prevent an authority exercising
functions jointly with another authority in the combined area of
operations of the authorities or assisting another authority or
government agency in carrying out functions of the other authority
or agency within or outside its area of operations.
Page 7
Clause 17 Catchment Management Authorities Bill 2003
Part 3 Functions of authorities
17 Annual reports
(1) The annual report of an authority under the Annual Reports
(Statutory Bodies) Act 1984 is to include the following information
in relation to the reporting year:
(a) progress on achieving the results set out in its catchment
action plan (including information on the catchment activities
in its annual implementation program that have been
undertaken),
(b) progress in achieving compliance with State-wide natural
resource management standards and targets,
(c) any other matter the Minister directs.
(2) The annual reports of authorities may be combined with each other
or with the annual report of another government agency.
18 Delegation of functions
An authority may delegate any of its functions, other than this power
of delegation, to:
(a) a member of the board of the authority or a committee of such
members, or
(b) the general manager or another member of staff of the
authority, or
(c) a person of a class prescribed by the regulations.
Page 8
Catchment Management Authorities Bill 2003 Clause 19
Catchment action plans Part 4
Part 4 Catchment action plans
19 Preparation of draft plans
Each authority is to prepare a draft catchment action plan as soon as
practicable after the commencement of this Act and submit it for
approval by the Minister under this Part.
20 Contents of draft plans
(1) A draft catchment action plan of an authority must include the
following:
(a) the results that are expected to be achieved by the
implementation of the plan and the time frames for achieving
those results,
(b) for the purposes of annual implementation programs, the
priorities for the funding or carrying out of catchment
activities in the area of operations of the authority,
(c) any other matter that the Minister may direct to be included in
the plan.
(2) In formulating a draft plan, the authority is to have regard to:
(a) the provisions of any environmental planning instrument
under the Environmental Planning and Assessment Act 1979
that applies to land within its area of operations, and
(b) other existing natural resource management plans (including
any such plans in the course of preparation) for its area of
operations, and
(c) the need for the plan to comply with any State-wide natural
resource management standards and to promote any such
State-wide targets.
Note. Section 23 (2) provides that the Minister is not to approve a draft plan
unless it complies with State-wide natural resource management standards,
and promotes the achievement of State-wide targets, so far as they relate to the
area of operations of the relevant authority.
21 Consultation on draft plan
The authority is to consult widely on a draft catchment action plan,
by giving such public notice of the preparation of the plan and
undertaking such public exhibition of the plan as is required by the
regulations or the Minister.
Page 9
Clause 22 Catchment Management Authorities Bill 2003
Part 4 Catchment action plans
22 Submission of draft plans for approval
(1) When its draft catchment action plan has been prepared, the
authority is to refer a copy of the draft plan to:
(a) the Minister, and
(b) the Natural Resources Commission.
(2) The Minister is to seek the advice of the Natural Resources
Commission in assessing a draft plan. The Minister is to take into
account any advice provided by the Commission within the time
requested by the Minister.
(3) The Minister may seek and take into account the advice of any other
person or body in assessing a draft plan.
(4) If a draft plan requires a person or body other than the authority
concerned to carry out any activity, the authority is to provide the
Minister with evidence that the person or body has agreed to carry
out that activity.
23 Approval of plans
(1) The Minister may:
(a) approve a draft catchment action plan submitted by an
authority, without alteration or with such alteration as the
Minister thinks fit, or
(b) refer the draft plan back to the authority for further
consideration.
(2) The Minister is not to approve a draft catchment action plan unless
the Minister is satisfied (having regard to the advice of the Natural
Resources Commission) that:
(a) the plan complies with State-wide natural resource
management standards, and
(b) the plan promotes the achievement of State-wide natural
resource management targets,
so far as they relate to the area of operations of the authority.
(3) Before making any alterations to the draft plan, the Minister must
consult the authority.
Page 10
Catchment Management Authorities Bill 2003 Clause 24
Catchment action plans Part 4
24 Publication of plans
(1) As soon as practicable after a catchment action plan of an authority
is approved under this Part:
(a) the authority is to publish the plan in such manner as in the
opinion of the authority will cause it to be readily accessible
to persons in its area of operations, and
(b) the Minister is to arrange for a copy of the plan to be placed
on the website of the Department of Infrastructure, Planning
and Natural Resources.
(2) The Minister may make any other arrangements that the Minister
considers necessary to ensure that catchment action plans are
readily accessible to the public.
25 Amendment, replacement or revocation of plans
(1) A catchment action plan may be amended or replaced by a
subsequent catchment action plan prepared and approved in
accordance with this Part.
(2) A catchment action plan may also be amended by the Minister, but
only in the circumstances, in relation to the matters and to the extent
the plan provides.
(3) The Minister may revoke a catchment action plan, wholly or in part.
(4) The amendment or revocation of a catchment action plan by the
Minister under this section takes effect when notice of the
amendment or repeal is published by the Minister or on a later date
specified in the notice.
26 Periodic review and auditing of plans
(1) An authority is to keep its catchment action plan under regular and
periodic review and, in particular, is to review the plan if the
Minister so directs.
(2) The Minister is to ensure that a catchment action plan is audited, at
intervals of not more than 5 years, to ascertain whether its
provisions are being given effect to.
(3) An audit under this section is to be carried out by the Natural
Resources Commission or by an independent audit panel appointed
by the Minister.
Page 11
Clause 27 Catchment Management Authorities Bill 2003
Part 5 Annual implementation programs
Part 5 Annual implementation programs
27 Preparation of annual implementation programs
(1) An authority is required to prepare and submit to the Minister each
year an implementation program setting out the catchment activities
the authority proposes to carry out during each financial year of the
authority (the annual implementation program of the authority).
(2) A program is to seek to give effect to any catchment action plan of
the authority.
(3) If a program requires a person or body other than the authority
concerned to carry out any activity, the authority is to provide the
Minister with evidence that the person or body has agreed to carry
out that activity.
(4) The Minister may approve of the first program of an authority being
prepared for a period that is not a single financial year of the
authority.
28 Approval of program
(1) An annual implementation program may be approved by the
Minister with or without alteration.
(2) The Minister may seek the advice of the Natural Resources
Commission on any program submitted to the Minister for approval.
29 Carrying out of program
(1) An annual implementation program approved by the Minister:
(a) empowers the relevant authority to undertake or fund the
catchment activities set out in the program, and
(b) as far as practicable, is to be carried out by the authority.
(2) Nothing in this section affects the operation of the Environmental
Planning and Assessment Act 1979 or any other Act.
Page 12
Catchment Management Authorities Bill 2003 Clause 30
Financial Part 6
Part 6 Financial
30 Funds of authorities
(1) An authority is to establish a Fund, to be called "[Name of authority]
Fund".
(2) The money in a Fund may be kept in one or more financial
institutions (including in the Special Deposits Accounts). A Fund
does not form part of the Consolidated Fund.
(3) There is to be paid into a Fund all money received by or on account
of the relevant authority.
(4) There is to be paid from a Fund all amounts required to meet
expenditure incurred by the relevant authority in the exercise of its
functions.
31 Investment powers
(1) An authority has, in respect of its funds, the investment powers
conferred on the authority by Part 3 of the Public Authorities
(Financial Arrangements) Act 1987.
(2) If Part 3 of that Act does not confer investment powers on an
authority in respect of its funds or any particular funds, the authority
may invest those funds:
(a) in any manner authorised for the investment of trust funds, or
(b) in any other manner approved by the Minister with the
concurrence of the Treasurer.
32 Fees for services etc
(1) Where under the provisions of any Act, regulation or other statutory
instrument, an authority:
(a) supplies any service (including any product, commodity or
publication), or
(b) furnishes any information, or
(c) receives any application for its approval or permission, or
(d) gives an approval or permission,
the authority may demand and recover such fees as are prescribed
by the regulations or as determined in accordance with the
regulations, including as determined by a person specified in the
regulations.
Page 13
Clause 33 Catchment Management Authorities Bill 2003
Part 6 Financial
(2) In any such regulation, provisions may be made requiring a deposit
or prepayment in respect of any such fee.
(3) A fee due to an authority under this section is to be paid to the
authority by the person to whom, or at whose request, the service,
information, approval or permission is supplied, furnished or given,
or from whom the application is received, as the case may be.
(4) Any fee due to an authority under this section may be recovered as
a debt in a court of competent jurisdiction.
(5) Nothing in this section authorises any fee contrary to the provisions
of any Act, regulation or other statutory instrument.
33 Catchment contributions
Schedule 4 has effect.
Note. Schedule 4 continues revenue raising provisions under the Catchment
Management Act 1989 relating to catchment management trusts (which are
replaced by authorities under this Act).
Page 14
Catchment Management Authorities Bill 2003 Clause 34
Miscellaneous Part 7
Part 7 Miscellaneous
34 Act binds the Crown
This Act binds the Crown, not only in right of New South Wales but
also, so far as the legislative power of Parliament permits, the
Crown in all its other capacities.
35 Acquisition of land
(1) An authority may, for the purposes of this Act, acquire land
(including an interest in land) by agreement or by compulsory
process in accordance with the Land Acquisition (Just Terms
Compensation) Act 1991.
(2) For the purposes of the Public Works Act 1912, any such acquisition
of land is taken to be for an authorised work and the authority is, in
relation to that authorised work, taken to be the Constructing
Authority.
(3) An authority may not give a proposed acquisition notice under the
Land Acquisition (Just Terms Compensation) Act 1991 without the
approval of the Minister.
36 Entry on land for inspections and construction of works
(1) In this section:
construct includes repair or maintain.
work includes any building or structure.
(2) An authority may, by its employees and other persons, enter and
inspect any land (other than a dwelling) for the purpose of
exercising its functions, and there construct any work in its annual
implementation program that it is authorised to construct on the
land.
(3) A person must not, without reasonable excuse, obstruct or hinder the
authority acting under this section.
Maximum penalty: 10 penalty units.
(4) In relation to land entered or works constructed, an authority:
(a) is to do as little damage as possible in exercising its functions
under this section, and
(b) is to compensate all persons who suffer damage by the
exercise of those functions.
Page 15
Clause 37 Catchment Management Authorities Bill 2003
Part 7 Miscellaneous
(5) Compensation may be made by reinstatement or repair, by
construction of works or by payment.
(6) A claim for compensation:
(a) is ineffective unless made in writing not later than one year
after the damage was suffered, and
(b) in the absence of agreement on the compensation, is to be
dealt with as if it were a claim for compensation for the
compulsory acquisition of land under this Act.
Note: This section continues entry and construction powers under the
Catchment Management Act 1989 relating to catchment management trusts
(which are replaced by catchment management authorities under this Act).
37 Proof of certain matters not required
In any legal proceedings, proof is not required (unless evidence is
given to the contrary) of:
(a) the constitution of an authority, or
(b) any resolution of the board of an authority, or
(c) the appointment of, or the holding of office by, a member of
the board of an authority, or
(d) the presence of a quorum at a meeting of the board of an
authority.
38 Civil proceedings against authorities
No action or proceeding may be brought:
(a) to compel an authority to carry out its functions, or
(b) to recover any penalty or damages from an authority in
respect of a failure to carry out its functions.
39 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to
be dealt with summarily before a Local Court.
40 Regulations
(1) The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
Page 16
Catchment Management Authorities Bill 2003 Clause 41
Miscellaneous Part 7
(2) In particular, the regulations may make provision for or with respect
to the following:
(a) the business and proceedings of the board of an authority,
(b) any matter relating to catchment management contributions
including refunds, objections and appeals,
(c) the control, management and expenditure of the funds of
authorities,
(d) any matter relating to catchment action plans.
(3) A regulation may create an offence punishable by a penalty not
exceeding 100 penalty units.
41 Amendment of other Acts
The Acts specified in Schedule 5 are amended as set out in that
Schedule.
42 Repeals
(1) The Catchment Management Act 1989 is repealed.
(2) The Catchment Management Regulation 1999 is repealed.
(3) The Hunter Catchment Management Trust Regulation 1997 is
repealed.
(4) Different days may be appointed for the commencement of a
provision of this section for the purposes of repealing different
provisions of any such Act or regulation on different days.
43 Savings, transitional and other provisions
Schedule 6 has effect.
44 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of 5
years.
Page 17
Catchment Management Authorities Bill 2003
Schedule 1 List of catchment management authorities
Schedule 1 List of catchment management authorities
(Section 6)
Border Rivers-Gwydir Catchment Management Authority
Central West Catchment Management Authority
Hawkesbury-Nepean Catchment Management Authority
Hunter-Central Rivers Catchment Management Authority
Lachlan Catchment Management Authority
Lower Murray-Darling Catchment Management Authority
Murray Catchment Management Authority
Murrumbidgee Catchment Management Authority
Namoi Catchment Management Authority
Northern Rivers Catchment Management Authority
Southern Rivers Catchment Management Authority
Sydney Metropolitan Catchment Management Authority
Western Catchment Management Authority
Page 18
Catchment Management Authorities Bill 2003
Areas of operations of authorities Schedule 2
Schedule 2 Areas of operations of authorities
(Section 7)
The area of operations of an authority is the area shown for that
authority on the map marked "Catchment Management
Authorities--Areas of Operation", catalogue number CMA001,
dated 11 November 2003, copies of which are deposited in the head
office of the authority and the Department of Infrastructure,
Planning and Natural Resources.
Note. General map of areas of operations of authorities.
Page 19
Catchment Management Authorities Bill 2003
Schedule 3 Provisions relating to boards of authorities
Schedule 3 Provisions relating to boards of authorities
(Section 8 (7))
Part 1 General
1 Definitions
In this Schedule:
chairperson means the chairperson of the board of an authority.
deputy chairperson means the deputy chairperson of the board of an
authority.
member means a member of the board of an authority.
Part 2 Members
2 Terms of office of members
Subject to this Schedule and the regulations, a member holds office
for such period (not exceeding 3 years) as is specified in the
member's instrument of appointment, but is eligible (if otherwise
qualified) for re-appointment.
3 Basis of office
The office of a member is a part-time office.
4 Remuneration
A member is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Minister may from
time to time determine in respect of the member.
5 Deputies
(1) The Minister may, from time to time, appoint a person to be the
deputy of a member, and may revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if available,
act in the place of the member.
(3) While acting in the place of a member, a person has all the functions
of the member and is taken to be a member.
Page 20
Catchment Management Authorities Bill 2003
Provisions relating to boards of authorities Schedule 3
(4) This clause does not operate to confer on the deputy of a member
who is the chairperson or deputy chairperson the member's
functions as chairperson or deputy chairperson.
6 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Minister under this clause, or
(e) is absent from 3 consecutive meetings of the board of the
authority of which reasonable notice has been given to the
member personally or by post, except on leave granted by the
board or unless the member is excused by the board for
having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of his or her
remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence
so punishable.
(2) The Minister may remove a member from office for any or no
reason and without notice.
7 Filling of vacancy in office of member
If the office of a member becomes vacant, a person is, subject to this
Act and the regulations, to be appointed to fill the vacancy.
8 Chairperson and deputy chairperson
(1) The chairperson or deputy chairperson vacates office as chairperson
or deputy chairperson if he or she:
(a) is removed from that office by the Minister under this clause,
or
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Catchment Management Authorities Bill 2003
Schedule 3 Provisions relating to boards of authorities
(b) resigns that office by instrument in writing addressed to the
Minister, or
(c) ceases to be a member of the board of the relevant authority.
(2) The Minister may at any time remove the chairperson or deputy
chairperson from office as chairperson or deputy chairperson.
9 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of the
board of an authority, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the interest
at a meeting of the board.
(2) A disclosure by a member at a meeting of the board of an authority
that the member:
(a) is a member, or is in the employment, of a specified company
or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be
recorded by the board in a book kept for the purpose and that book
must be open at all reasonable hours to inspection by any person on
payment of the fee determined by the board.
(4) After a member has disclosed the nature of an interest in any matter,
the member must not, unless the Minister or the board of the
relevant authority otherwise determines:
(a) be present during any deliberation of the board with respect to
the matter, or
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Catchment Management Authorities Bill 2003
Provisions relating to boards of authorities Schedule 3
(b) take part in any decision of the board with respect to the
matter.
(5) For the purposes of the making of a determination by a board under
subclause (4), a member who has a direct or indirect pecuniary
interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the board for the purpose
of making the determination, or
(b) take part in the making by the board of the determination.
(6) A contravention of this clause does not invalidate any decision of
the board of an authority.
10 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management Act
2002 does not apply to or in respect of the appointment of a member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office,
or
(b) prohibiting the person from engaging in employment outside
the duties of that office,
the provision does not operate to disqualify the person from holding
that office and also the office of a member or from accepting and
retaining any remuneration payable to the person under this Act as
a member.
11 Personal liability
A matter or thing done or omitted to be done by an authority, the
board of an authority, a member of the board or a person acting
under the direction of an authority or the board does not, if the
matter or thing was done or omitted to be done in good faith for the
purpose of executing this or any other Act, subject a member or a
person so acting personally to any action, liability, claim or demand.
Part 3 Procedure
12 General procedure
The procedure for the calling of meetings of the board of an
authority and for the conduct of business at those meetings is,
subject to this Act and the regulations, to be as determined by the
board.
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Catchment Management Authorities Bill 2003
Schedule 3 Provisions relating to boards of authorities
13 Quorum
The quorum for a meeting of the board of an authority is a majority
of its members for the time being (including the chairperson or
deputy chairperson).
14 Presiding member
(1) The chairperson of a board (or, in the absence of the chairperson, the
deputy chairperson) is to preside at a meeting of the board.
(2) The presiding member has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
15 Voting
A decision supported by a majority of the votes cast at a meeting of
the board of an authority at which a quorum is present is the decision
of the board.
16 Transaction of business outside meetings or by telephone
(1) The board of an authority may, if it thinks fit, transact any of its
business by the circulation of papers among all the members of the
board for the time being, and a resolution in writing approved in
writing by a majority of those members is taken to be a decision of
the board.
(2) The board of an authority may, if it thinks fit, transact any of its
business at a meeting at which members (or some members)
participate by telephone, closed-circuit television or other means,
but only if any member who speaks on a matter before the meeting
can be heard by the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the chairperson of the board and each member of the board have the
same voting rights as they have at an ordinary meeting of the board.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
board of the relevant authority.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the information
in the papers concerned.
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Catchment Management Authorities Bill 2003
Provisions relating to boards of authorities Schedule 3
17 General manager may attend meetings
The general manager of an authority is entitled to attend (but not
vote at) meetings of the board of the authority. However, the board
may exclude the general manager from any deliberations of the
board that relate to the general manager.
18 First meeting
The Minister may call the first meeting of the board of an authority
in such manner as the Minister thinks fit.
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Catchment Management Authorities Bill 2003
Schedule 4 Catchment contributions
Schedule 4 Catchment contributions
(Section 33)
1 Definitions
In this Schedule:
catchment contribution means a catchment contribution under this
Schedule.
catchment contribution area means an area of land declared by an
order in force under this Schedule to be a catchment contribution
area.
charging year, in relation to an authority, means:
(a) the period of 12 months declared by an order in force under
this Schedule to be the charging year for the authority, or
(b) if the charging year is changed under this Schedule by a
further order--the period between the end of one charging
year and the beginning of the next.
owner has the same meaning as in the Water Management Act 2000.
2 Authority may levy catchment contributions
(1) An authority may, in accordance with this Schedule and the
regulations, levy a catchment contribution on any land within its
area of operations declared to be a catchment contribution area
under this Schedule.
(2) A catchment contribution may only be levied under this Schedule:
(a) to fund any shortfall in available funding for the catchment
activities in the annual implementation programs of the
authority, and
(b) if specifically authorised by the regulations.
Note. This Schedule continues revenue raising provisions under the Catchment
Management Act 1989 relating to catchment management trusts (which are
replaced by authorities under this Act).
3 Orders for purposes of levying catchment contributions
(1) The Minister may, by order published in the Gazette, declare any
land described in the order (being the whole or any part of the area
of operations of an authority) to be a catchment contribution area for
the purposes of this Schedule.
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Catchment Management Authorities Bill 2003
Catchment contributions Schedule 4
(2) The Minister may, by order published in the Gazette, declare a
period of 12 months to be the charging year for an authority.
4 Basis of levying catchment contributions
(1) The regulations are to specify the basis or bases according to which
an authority may levy catchment contributions.
(2) Without limiting the generality of subclause (1), the regulations may
provide that an authority may levy catchment contributions
according to any one or more of the following factors:
(a) the land value of land within the meaning of the Valuation of
Land Act 1916,
(b) the area of the land,
(c) the degree of benefit that accrues to land as a result of the
authority's programs.
5 Estimates of income and expenditure to be prepared
(1) An authority is to prepare and submit to the Minister at least 2
months before the beginning of each charging year of the authority
estimates in respect of:
(a) the income of the authority for the charging year from all
sources including the total amount to be obtained by way of
catchment contributions, and
(b) the expenditure to be incurred during the charging year.
(2) The estimates are to be in such form as the Minister requires and are
to contain particulars in respect of each item of expenditure and the
catchment contributions to be levied.
6 Determinations relating to catchment contributions
(1) Not later than one month before the beginning of a charging year, an
authority that proposes to levy a catchment contribution is to
determine, in accordance with the regulations:
(a) the amount of money that it proposes to raise by way of
catchment contributions, and
(b) the land within its catchment contribution area that is to be
levied, and
(c) the basis or bases of the catchment contribution to be levied,
and
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Catchment Management Authorities Bill 2003
Schedule 4 Catchment contributions
(d) the rate of the catchment contribution,
for the next charging year.
(2) An authority may make separate determinations under subclause (1)
in respect of bases or rates, or both, for different lands within its
catchment contribution area.
(3) A determination under this clause:
(a) is subject to clause 2, and
(b) is required to be approved by the Minister and does not have
effect unless it is so approved, and
(c) is to be published in the Gazette before the commencement of
the charging year to which it relates, and
(d) is to take effect on the commencement of the charging year to
which it relates.
(4) A determination does not fail merely because it is not published in
the Gazette before the commencement of the charging year to which
it relates but, in that event, a person is not liable for payment of the
catchment contribution to which the determination relates until the
determination is published in the Gazette.
(5) A catchment contribution determined under this clause is levied on
publication of the determination in the Gazette.
(6) If, for any reason:
(a) a determination under this clause is not made before the
charging year to which it relates, or
(b) there is any irregularity or alleged irregularity in the making
of any such determination,
the Minister may extend the time for making the determination
(whether or not that time has expired) and may authorise the
authority concerned to do anything necessary to cure any
irregularity and to make a valid determination.
7 Assessment of catchment contributions
(1) After making a determination under clause 6 an authority must, in
accordance with the determination:
(a) classify each parcel of land within its catchment contribution
area in respect of which a catchment contribution is to be
levied, and
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Catchment Management Authorities Bill 2003
Catchment contributions Schedule 4
(b) assess the catchment contribution payable for each such
parcel of land.
(2) After it makes an assessment under this clause an authority is, in
accordance with the regulations, to cause a notice to be served on the
owner of each parcel of land in respect of which a catchment
contribution has been levied.
(3) On the service of such a notice, the owner of the land to which the
notice relates becomes liable for payment of the catchment
contribution specified in the notice.
8 Reassessment of catchment contributions
(1) An authority may reassess a catchment contribution, levied on the
basis of land value, if the value of the land for any charging year
differs from the value used to assess the contribution.
(2) A catchment contribution may only be reassessed as from the date
the revised value of the land has effect.
(3) The owner of the land to which the reassessment relates becomes
liable for payment of the revised catchment contribution on the
service of a notice notifying the reassessment.
9 Collection etc of catchment contributions on behalf of authorities
(1) In this clause:
appropriate local agency, in relation to an authority, means:
(a) the council of a local government area within which any part
of the catchment contribution area of the authority is situated,
or
(b) the Sydney Water Corporation, the Hunter Water Corporation
or any Water Supply Authority within whose area of
operations any part of the catchment contribution area of the
authority is situated, or
(c) a statutory authority prescribed by the regulations or approved
by the Minister for the purposes of this clause.
(2) An authority may, with the approval of the Minister, enter into an
arrangement with an appropriate local agency for the following
functions of the authority under this Schedule to be exercised by that
agency on behalf of the authority:
(a) the assessment or reassessment of catchment contributions
levied by the authority,
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Catchment Management Authorities Bill 2003
Schedule 4 Catchment contributions
(b) the collection of those catchment contributions,
(c) the recovery of those catchment contributions,
(d) the issue of certificates as to any catchment contributions due
to the authority.
(3) Any such arrangement may provide for the payment of commission
to the appropriate local agency.
(4) For the purposes of any such arrangement, the appropriate local
agency may deal with the authority's catchment contributions in
connection with its rates and charges, so long as the catchment
contribution is separately identified.
(5) For the purposes of subclause (4), an appropriate local agency may
issue joint assessments and notices, take joint action for collection
and recovery and issue joint certificates.
10 Catchment contributions a charge on land
A catchment contribution for payment of which a person is liable is
a charge on the land to which the catchment contribution relates.
11 Interest on overdue catchment contributions
(1) An authority may charge interest on overdue catchment
contributions at a rate not exceeding the rate prescribed by the
regulations for the purposes of this clause.
(2) The interest charged forms a part of the catchment contribution for
the purposes of this Schedule.
12 Recovery of catchment contributions
(1) A catchment contribution due to an authority under this Act may be
recovered in any court of competent jurisdiction as a debt due to the
Crown.
(2) An unsatisfied judgment or order of any court for the recovery of a
catchment contribution from any person is not a bar to the recovery
of the contribution from any other person who is liable under this
Act for the payment of the contribution.
(3) The regulations may authorise the waiving of payment of catchment
contributions in the case of hardship.
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Catchment Management Authorities Bill 2003
Catchment contributions Schedule 4
13 Land exempted from the levy of catchment contributions
The regulations may provide for certain lands to be exempted from
the levy of catchment contributions.
14 Certificate as to amount due
(1) An authority must, on written application being made to it and
payment of the prescribed fee, issue to the applicant a certificate:
(a) containing particulars of the amounts payable to the authority
in respect of a parcel of separately assessed land, or
(b) to the effect that there are no such amounts.
(2) An application for a certificate must specify the name and address
of the applicant and identify the land to which the application
relates.
(3) Such a certificate is conclusive proof, in favour of a purchaser in
good faith and for value of the land to which the certificate relates
that, at the date of its issue, no amounts were payable to the authority
in respect of the land other than such amounts as are specified in the
certificate.
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Catchment Management Authorities Bill 2003
Schedule 5 Amendment of other Acts
Schedule 5 Amendment of other Acts
(Section 41)
5.1 Lake Illawarra Authority Act 1987 No 285
Section 6 The Authority
Omit "Chairperson of the Illawarra Catchment Management Committee
established under the Catchment Management Act 1989" from section 6
(4) (b3).
Insert instead "chairperson of the board of the catchment management
authority under the Catchment Management Authorities Act 2003 whose
area of operations includes Lake Illawarra".
5.2 Land and Environment Court Act 1979 No 204
Section 18 Class 2--local government and miscellaneous appeals
and applications
Omit section 18 (c2).
5.3 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Hunter Catchment Management Trust".
Insert instead in alphabetical order "A catchment management authority
under the Catchment Management Authorities Act 2003".
5.4 Snowy Hydro Corporatisation Act 1997 No 99
Section 57 Snowy Scientific Committee
Omit "Snowy Genoa Catchment Management Committee" from section
57 (6) (c).
Insert instead "catchment management authority under the Catchment
Management Authorities Act 2003 whose area of operations includes the
Snowy Mountains area".
Page 32
Catchment Management Authorities Bill 2003
Amendment of other Acts Schedule 5
5.5 Water Management Act 2000 No 92
[1] Section 36 Notification of certain persons and bodies
Omit "each catchment management committee and catchment
management trust" from section 36 (2) (b).
Insert instead "each catchment management authority under the
Catchment Management Authorities Act 2003".
[2] Sections 254 Definitions
Omit the definition of Hunter Catchment Management Trust.
Insert instead in alphabetical order:
Hunter-Central Rivers Catchment Management Authority
means the Hunter-Central Rivers Catchment Management
Authority established under the Catchment Management
Authorities Act 2003.
[3] Sections 258263, 267 and 268
Omit "Hunter Catchment Management Trust" and "Hunter Catchment
Management Trust's" wherever occurring.
Insert instead "Hunter-Central Rivers Catchment Management Authority"
and "Hunter-Central Rivers Catchment Management Authority's"
respectively.
[4] Section 289 Area of operations
Omit section 289 (4) (b).
Insert instead:
(b) the function is exercised by a catchment management
authority under the Catchment Management
Authorities Act 2003, or
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Catchment Management Authorities Bill 2003
Schedule 6 Savings, transitional and other provisions
Schedule 6 Savings, transitional and other provisions
(Section 43)
Part 1 General
1 Definition
In this Schedule:
former Act means the Catchment Management Act 1989.
2 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act
3 Abolition of existing bodies
(1) Each catchment management committee or catchment management
trust established under the former Act is abolished.
(2) Any person holding office as a member of any such body
immediately before its abolition:
(a) ceases to hold office, and
(b) is not entitled to any compensation because of the loss of that
office.
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Catchment Management Authorities Bill 2003
Savings, transitional and other provisions Schedule 6
(3) On the abolition of any such catchment management committee or
trust, any assets or liabilities of the committee or trust become the
assets and liabilities of the catchment management authority under
this Act whose area of operations includes the majority of the area
of operations of the committee or trust under the former Act.
4 Saving of catchment contributions of Hunter Catchment
Management Trust
(1) The repeal of the former Act and the regulations under that Act does
not affect any catchment contribution levied under the former Act
and regulations before their repeal by this Act.
(2) During the period of 12 months after the commencement of this
clause, catchment contributions may (until the regulations under
this Act otherwise provide) continue to be levied by the Hunter-
Central Rivers Catchment Management Authority in the catchment
contribution area of the Hunter Catchment Management Trust under
the former Act.
(3) The relevant provisions of the former Act and regulations continue
to have effect for the purposes of subclause (2).
Page 35
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