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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Rural Communities Impacts Bill 2007
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Meaning of "rural community" 2
4 Other definitions 2
Part 2 Requirements of rural communities impact
statements
5 Rural communities impact statements must be written by
Rural Communities Impact Assessment Unit 4
6 Matters that must be covered by a rural communities
impact statement 4
7 Other matters may be included 5
8 A finding of "no likely impact" is acceptable 5
b2003-430-35.d02
Rural Communities Impacts Bill 2007
Contents
Page
Part 3 Assessment of likely impact of proposed Acts
on rural communities
9 Likely impact on rural communities must be assessed before
a Bill is considered by the Cabinet 6
10 Likely impact on rural communities must be disclosed to
Members of Parliament before a Bill is considered by
Parliament 6
Part 4 Assessment of likely impact of proposed
statutory rules on rural communities
11 Minister on whom this Part imposes obligations 7
12 Likely impact on rural communities must be determined
before a statutory rule is submitted to Governor 7
13 Public notice of rural communities impact statement
required before certain statutory rules are made 7
14 Tabling of rural communities impact statement required in
relation to all statutory rules 7
15 Other public notice of rural communities impact statement
required in relation to all statutory rules 8
Part 5 Assessment of likely impact of proposed
environmental planning instruments on rural
communities
16 Likely impact on rural communities must be determined
before a proposed State environmental planning policy is
recommended to Governor 9
17 Likely impact on rural communities must be determined
before regional environmental plan is made 9
18 Likely impact on rural communities must be determined
before local environmental plan is made 10
Part 6 Assessment of likely impact of proposed
Cabinet decisions on rural communities
19 Likely impact on rural communities must be determined
before Cabinet decides on any matter 11
20 Part extends to legislation 11
Part 7 Rural Communities Impact Assessment Unit
21 Establishment of Rural Communities Impact Assessment
Unit 12
22 Liaison with Rural Communities Impact Assessment Unit 12
23 Electronic access to rural communities impact statements 12
Contents page 2
Rural Communities Impacts Bill 2007
Contents
Page
Part 8 Miscellaneous
24 Rural communities impact statement not necessary in
certain circumstances 14
25 Speaker and President to report on non-compliance 14
Contents page 3
New South Wales
Rural Communities Impacts Bill 2007
No , 2007
A Bill for
An Act to require the preparation of rural communities impact statements and to
specify the circumstances in which they are required; and for other purposes.
Clause 1 Rural Communities Impacts Bill 2007
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Rural Communities Impacts Act 2007. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Meaning of "rural community" 7
(1) For the purposes of this Act, the part of the State that is outside the 8
following metropolitan areas comprises the rural community: 9
(a) the Sydney metropolitan area, that is, the area constituted by the 10
local government areas of Ashfield, Auburn, Bankstown, 11
Baulkham Hills, Blacktown, Botany Bay, Burwood, Camden, 12
Campbelltown, Canada Bay, Canterbury, Fairfield, Hawkesbury, 13
Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah, 14
Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, 15
Marrickville, Mosman, North Sydney, Parramatta, Penrith, 16
Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland, 17
Sydney, Warringah, Waverley, Willoughby and Woollahra, 18
(b) the Newcastle metropolitan area, that is, the area constituted by 19
the local government areas of Lake Macquarie and Newcastle, 20
(c) the Wollongong metropolitan area, that is, the area constituted by 21
the local government areas of Shellharbour and Wollongong. 22
(2) The rural community consists of any number of recognised rural 23
communities in the State. 24
4 Other definitions 25
In this Act: 26
environmental planning instrument means: 27
(a) a State environmental planning policy, or 28
(b) a regional environmental plan, or 29
(c) a local environmental plan, 30
which all have the same meaning as in the Environmental Planning and 31
Assessment Act 1979. 32
Government Member of Parliament means a member of Parliament 33
who is a member of the one or more parties that make up the 34
Government. 35
Page 2
Rural Communities Impacts Bill 2007 Clause 4
Preliminary Part 1
Rural Communities Impact Assessment Unit means the branch of the 1
Department of Premier and Cabinet established under section 21. 2
statutory rule means a regulation, by-law, rule or ordinance: 3
(a) that is made by the Governor, or 4
(b) that is made by a person or body other than the Governor, but is 5
required by law to be approved or confirmed by the Governor. 6
Page 3
Clause 5 Rural Communities Impacts Bill 2007
Part 2 Requirements of rural communities impact statements
Part 2 Requirements of rural communities impact 1
statements 2
5 Rural communities impact statements must be written by Rural 3
Communities Impact Assessment Unit 4
A rural communities impact statement is not valid for the purposes of 5
this Act unless it is written by the Rural Communities Impact 6
Assessment Unit. 7
6 Matters that must be covered by a rural communities impact statement 8
(1) A rural communities impact statement that is required to be prepared by 9
this Act in relation to a proposed Bill, statutory rule, environmental 10
planning instrument or decision is not valid for the purposes of this Act 11
unless it includes the following matters: 12
(a) a detailed description of any costs that are likely to be placed on 13
businesses in the rural community in order to comply with the 14
relevant legislation or decision (whether or not the same costs 15
would be imposed on any other community), 16
(b) an examination of the likely impact of those costs on 17
development and employment in the rural community (whether 18
or not there would be the same impact on any other community), 19
(c) special emphasis on the modelling of the likely impact on the 20
rural community that would occur or remain 5 years after the 21
legislation or decision is made (whether or not there would be the 22
same impact on any other community), 23
(d) an examination of the likely impact of the proposed legislation or 24
decision on the social structures and well-being of the rural 25
community (whether or not there would be the same impact on 26
any other community), 27
(e) an examination of the likely impact of the proposed legislation or 28
decision on the availability of public transport, health services, 29
education facilities, policing, courts, government advisory 30
services and infrastructure provision in the rural community 31
(whether or not there would be the same impact on any other 32
community), 33
(f) an examination of the likely impact of the proposed legislation or 34
decision on the natural environment, having regard to the need to 35
balance economic and social well-being with environmental 36
sustainability. 37
Page 4
Rural Communities Impacts Bill 2007 Clause 7
Requirements of rural communities impact statements Part 2
(2) If any of the above matters is not applicable to the relevant legislation 1
or decision under consideration, a rural communities impact statement 2
complies with this section if it merely states that the matter is not 3
applicable. 4
7 Other matters may be included 5
In addition to the matters listed in section 6, a rural communities impact 6
statement may consider other aspects of the likely impact of the 7
proposed legislation or decision on the rural community. 8
8 A finding of "no likely impact" is acceptable 9
A rural communities impact statement may (if appropriate) merely state 10
that the relevant Bill, statutory rule, environmental planning instrument 11
or decision has "no likely impact" on the rural community. 12
Page 5
Clause 9 Rural Communities Impacts Bill 2007
Part 3 Assessment of likely impact of proposed Acts on rural communities
Part 3 Assessment of likely impact of proposed Acts 1
on rural communities 2
9 Likely impact on rural communities must be assessed before a Bill is 3
considered by the Cabinet 4
A Minister, or a Government Member of Parliament, who intends to 5
introduce a Bill into either House of Parliament must ensure, before the 6
Bill is considered by the Cabinet: 7
(a) that a rural communities impact statement has been prepared in 8
relation to the Bill, which provides information about the likely 9
impact of the proposed Act on the rural community, and 10
(b) that the Minister or Member has given consideration as to 11
whether or not the proposed Act will have any likely impact on 12
the rural community by having regard to the rural communities 13
impact statement and any other submissions or matters that the 14
Minister or Member considers appropriate. 15
10 Likely impact on rural communities must be disclosed to Members of 16
Parliament before a Bill is considered by Parliament 17
A Minister, or a Government Member of Parliament, who introduces a 18
Bill into either House of Parliament must ensure that, before the debate 19
on that Bill in that House, a copy of the rural communities impact 20
statement in relation to the Bill has been tabled in that House of 21
Parliament. 22
Page 6
Rural Communities Impacts Bill 2007 Clause 11
Assessment of likely impact of proposed statutory rules on rural Part 4
communities
Part 4 Assessment of likely impact of proposed 1
statutory rules on rural communities 2
11 Minister on whom this Part imposes obligations 3
The obligations under this Part are imposed on the Minister 4
administering the Act under which a statutory rule is or is proposed to 5
be made. 6
12 Likely impact on rural communities must be determined before a 7
statutory rule is submitted to Governor 8
A Minister who intends to submit a proposed statutory rule for making 9
by the Governor, or for the approval of or confirmation by the 10
Governor, must, before submitting the proposed statutory rule, ensure: 11
(a) that a rural communities impact statement has been prepared in 12
relation to the proposed statutory rule, which provides 13
information about the likely impact of the proposed statutory rule 14
on the rural community, and 15
(b) that the Minister has given consideration as to whether or not the 16
proposed statutory rule will have any likely impact on the rural 17
community by having regard to the rural communities impact 18
statement and any other submissions or matters that the Minister 19
considers appropriate. 20
13 Public notice of rural communities impact statement required before 21
certain statutory rules are made 22
(1) This section applies to a statutory rule in relation to which section 5 of 23
the Subordinate Legislation Act 1989 requires a regulatory impact 24
statement to be prepared and made available or made available for 25
inspection. 26
(2) If this section applies, the regulatory impact statement must include the 27
rural communities impact statement for the proposed statutory rule. 28
14 Tabling of rural communities impact statement required in relation to all 29
statutory rules 30
The Minister responsible for a statutory rule must ensure that the notice 31
of the making of a statutory rule that is required to be given by section 32
40 of the Interpretation Act 1987 is accompanied by the rural 33
communities impact statement for the statutory rule. 34
Page 7
Clause 15 Rural Communities Impacts Bill 2007
Part 4 Assessment of likely impact of proposed statutory rules on rural
communities
15 Other public notice of rural communities impact statement required in 1
relation to all statutory rules 2
The Minister responsible for a statutory rule must ensure that notice of 3
the rural communities impact statement for the statutory rule, and where 4
it can be accessed both in print and electronically, is printed in the same 5
Gazette as that in which the statutory rule is published. 6
Page 8
Rural Communities Impacts Bill 2007 Clause 16
Assessment of likely impact of proposed environmental planning Part 5
instruments on rural communities
Part 5 Assessment of likely impact of proposed 1
environmental planning instruments on rural 2
communities 3
16 Likely impact on rural communities must be determined before a 4
proposed State environmental planning policy is recommended to 5
Governor 6
A Minister who intends to recommend to the Governor the making of a 7
proposed State environmental planning policy must, before 8
recommending the proposed policy, ensure: 9
(a) that a rural communities impact statement has been prepared in 10
relation to the proposed policy, which provides information 11
about the likely impact of the proposed policy on the rural 12
community, and 13
(b) that the rural communities impact statement was made available 14
to the public at the same time and in the same way as the proposed 15
policy was publicly exhibited under the Environmental Planning 16
and Assessment Act 1979, and 17
(c) that the Minister has given consideration as to whether or not the 18
policy will have a likely impact on the rural community by 19
having regard to the rural communities impact statement and any 20
other submissions or matters that the Minister considers 21
appropriate. 22
17 Likely impact on rural communities must be determined before regional 23
environmental plan is made 24
A Minister who intends to make a regional environmental plan in 25
relation to a local government area that is not in a metropolitan area 26
must ensure: 27
(a) that a rural communities impact statement has been prepared in 28
relation to the proposed plan, which provides information about 29
the likely impact of the proposed plan on the rural community, 30
and 31
(b) that the rural communities impact statement was made available 32
to the public at the same time and in the same way as the proposed 33
plan was publicly exhibited under the Environmental Planning 34
and Assessment Act 1979, and 35
(c) that the Minister has given consideration as to whether or not the 36
plan will have a likely impact on the rural community by having 37
regard to the rural communities impact statement and any other 38
submissions or matters that the Minister considers appropriate. 39
Page 9
Clause 18 Rural Communities Impacts Bill 2007
Part 5 Assessment of likely impact of proposed environmental planning
instruments on rural communities
18 Likely impact on rural communities must be determined before local 1
environmental plan is made 2
A Minister who intends to make a local environmental plan in relation 3
to a local government area that is not in a metropolitan area must ensure: 4
(a) that a rural communities impact statement has been prepared in 5
relation to the proposed plan, which provides information about 6
the likely impact of the proposed plan on the rural community, 7
and 8
(b) that the rural communities impact statement was made available 9
to the public at the same time and in the same way as the proposed 10
plan was publicly exhibited under the Environmental Planning 11
and Assessment Act 1979, and 12
(c) that the Minister has given consideration as to whether or not the 13
plan will have a likely impact on the rural community by having 14
regard to the rural communities impact statement and any other 15
submissions or matters that the Minister considers appropriate. 16
Page 10
Rural Communities Impacts Bill 2007 Clause 19
Assessment of likely impact of proposed Cabinet decisions on rural Part 6
communities
Part 6 Assessment of likely impact of proposed 1
Cabinet decisions on rural communities 2
19 Likely impact on rural communities must be determined before Cabinet 3
decides on any matter 4
(1) This section applies to every decision that is put before the Cabinet that: 5
(a) involves the proposed introduction of taxes, charges and fees that 6
are, or are likely to be, imposed on residents or businesses in the 7
rural community (whether or not they would also be imposed on 8
any other community), or 9
(b) involves the proposed increase of taxes, charges and fees that are, 10
or are likely to be, imposed on residents or businesses in the rural 11
community (whether or not they would also be imposed on any 12
other community), or 13
(c) otherwise could reasonably be expected to have an impact on the 14
rural community (whether or not it has the same impact on any 15
other community). 16
(2) The Premier must ensure that the Cabinet does not consider any 17
decision to which this section applies unless: 18
(a) a rural communities impact statement has been prepared in 19
relation to the proposed decision, which provides information 20
about the likely impact of the proposed decision on the rural 21
community, and 22
(b) a copy of the rural communities impact statement has been 23
circulated to each Cabinet member before the decision is made. 24
(3) The Premier must ensure that, before the Cabinet makes a decision on 25
the matter, each Cabinet member has given consideration as to whether 26
or not the decision will have a likely impact on the rural community by 27
having regard to the rural communities impact statement. 28
20 Part extends to legislation 29
This Part extends to the consideration of Bills, statutory rules or 30
environmental planning instruments and is in addition to, and not in 31
substitution for, Parts 35. 32
Page 11
Clause 21 Rural Communities Impacts Bill 2007
Part 7 Rural Communities Impact Assessment Unit
Part 7 Rural Communities Impact Assessment Unit 1
21 Establishment of Rural Communities Impact Assessment Unit 2
(1) The Rural Communities Impact Assessment Unit is established as a 3
branch of the Department of Premier and Cabinet. 4
(2) The Rural Communities Impact Assessment Unit may arrange for the 5
use of the services of any staff (by secondment or otherwise) or facilities 6
of a Department for the purpose of writing one or more particular rural 7
communities impact statements. For the purposes of this Act, a person 8
whose services are made use of under this section is a member of the 9
staff of the Unit. 10
(3) The Rural Communities Impact Assessment Unit cannot be abolished, 11
renamed or removed from the Department of Premier and Cabinet by 12
order under Chapter 4 of the Public Sector Employment and 13
Management Act 2002. 14
22 Liaison with Rural Communities Impact Assessment Unit 15
There is to be in each Department of the Public Service at least one 16
person whose duties involve, or include, liaising with the Rural 17
Communities Impact Assessment Unit on matters arising under this Act 18
that concern the Department. 19
23 Electronic access to rural communities impact statements 20
The Rural Communities Impact Assessment Unit must maintain a 21
website that allows free public access to rural communities impact 22
statements as follows: 23
(a) statements in relation to proposed Bills must be posted on the 24
website on and from the day of the second reading of the Bill up 25
until the time that the Act is repealed, 26
(b) statements in relation to proposed statutory rules in relation to 27
which regulatory impact statements are required to be publicly 28
exhibited must be posted on the website on and from the first day 29
of exhibition of the regulatory impact statement up until the time 30
that the statutory rule is repealed, 31
(c) statements in relation to proposed statutory rules in relation to 32
which regulatory impact statements are not required to be 33
publicly exhibited must be posted on the website on and from the 34
date of their publication in the Gazette up until the time that the 35
statutory rule is repealed, 36
Page 12
Rural Communities Impacts Bill 2007 Clause 23
Rural Communities Impact Assessment Unit Part 7
(d) statements in relation to proposed environmental planning 1
instruments are to be posted on the website on and from the first 2
day of public exhibition of the proposed instrument up until the 3
time that the instrument is repealed. 4
Page 13
Clause 24 Rural Communities Impacts Bill 2007
Part 8 Miscellaneous
Part 8 Miscellaneous 1
24 Rural communities impact statement not necessary in certain 2
circumstances 3
(1) Subject to subsection (3), it is not necessary to comply with this Act to 4
the extent that the Premier certifies in writing that, in his or her opinion 5
in the special circumstances of the case, the public interest requires that 6
the Bill, statutory rule, environmental planing instrument or Cabinet 7
decision concerned should be introduced or made without complying 8
with this Act. 9
(2) Without limiting the special circumstances to which the Premier may 10
refer under this section, they include: 11
(a) the need to ensure the safety of people, the environment or 12
property in the case of an emergency, and 13
(b) the need to ensure the security of the State. 14
(3) If a Bill, statutory rule or environmental planning instrument is 15
introduced or made in the circumstances mentioned in subsection (1), 16
the requirements of this Act must: 17
(a) in the case of a Bill--be complied with within 10 sitting days 18
after the Bill is introduced, or 19
(b) in the case of a statutory rule or environmental planning 20
instrument--within 4 months after the rule or instrument is made. 21
25 Speaker and President to report on non-compliance 22
The Speaker of the Legislative Assembly and the President of the 23
Legislative Council are each to inform their respective Houses of any 24
non-compliance with section 10 or 14, within 3 sitting days after 25
becoming aware of the non-compliance. 26
Page 14
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