Catchment Management Authorities
Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

This Bill is cognate with the Natural Resources Commission Bill 2003.

Overview of Bill

The object of this Bill is to devolve to regional communities certain program
delivery and other natural resource management functions.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 sets out the object of the proposed Act (as set out in the Overview).

Clause 4 defines certain words and expressions used in the proposed Act. In
particular:

catchment activities is defined to mean 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).

natural resource management has the same wide meaning it has in the proposed
Natural Resources Commission Act 2003.

Clause 5 defines the term State-wide natural resource management standards
and targets as those adopted by the Government for the purposes of the proposed
Act (the proposed Natural Resources Commission has the function of
recommending such standards and targets).

Part 2 Establishment of authorities
Clause 6 provides for the establishment of the authorities listed in Schedule 1 as
catchment management authorities.

Clause 7 provides that the area of operations of an authority is the area described
or referred to in Schedule 2.

Clause 8 makes provision for the establishment and appointment of a board of
an authority to control the affairs of the authority. Appointments to a board are
to be based on certain skills and knowledge. In addition, the Minister is to ensure
that, as far as practicable, the persons appointed reside in the area of operations
of the authority.

Clause 9 provides that an authority is subject to the control and direction of the
Minister.

Clause 10 makes provision for the employment of a general manager and other
staff of an authority under the Public Sector Employment and Management Act
2002.

Clause 11 provides that the Minister may establish or abolish an authority or
change the name or area of operations of an authority.

Clause 12 permits the Minister to appoint a person to investigate and review the
efficiency and effectiveness of an authority.

Clause 13 permits the Minister to appoint an administrator to exercise the
functions of an authority in certain circumstances, including if the authority has
failed to comply with its obligations under the proposed Act.

Part 3 Functions of authorities
Clause 14 provides that an authority has the general function of carrying out or
funding catchment activities in accordance with the proposed Act, and the
functions conferred by or under any other legislation. Authorities are, for
example, to have the functions under the proposed 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.

Clause 15 specifies particular functions of an authority. They include catchment
action planning and implementation through annual implementation programs,
provision of financial assistance for catchment activities, entering contracts and
doing work for catchment activities, assistance to landholders and education and
training.

Clause 16 provides that the functions of an authority may only be exercised in
or in relation to its area of operations, but permits an authority to act jointly with
another authority or to assist other government agencies.

Clause 17 provides for the inclusion in an authority’s annual report of
information on progress in achieving planned results and compliance with Statewide
standards and targets.

Clause 18 provides that an authority may delegate its functions.

Part 4 Catchment action plans
Clause 19 provides that each authority is to prepare a draft catchment action
plan as soon as practicable after the commencement of the proposed Act and
submit the plan to the Minister for approval.

Clause 20 provides that a draft catchment action plan must include the results
that are expected to be achieved by the implementation of the plan and the time
frames for achieving those results, the priorities for the funding or carrying out
of catchment activities and any other matter directed by the Minister. An
authority is required to have regard to the provisions of any environmental
planning instrument or other existing natural resource management plans when
preparing a plan.

Clause 21 requires wide public consultation in the preparation of draft plans in
accordance with the requirements of the regulations and the Minister.

Clause 22 makes provision for the referral of a draft catchment action plan to the
Minister for approval and to the proposed Natural Resources Commission. The
Minister is to seek the advice of the Commission in assessing the draft plan and
take such advice into account.

Clause 23 provides that the Minister may approve a draft catchment action plan
with or without alteration or may refer the draft plan back to the authority.

However, the Minister is not to approve a draft plan unless the Minister is
satisfied (having regard to the advice of the proposed Natural Resources
Commission) that the plan complies with State-wide natural resource
management standards, and promotes the achievement of State-wide natural
resource management targets.

Clause 24 requires an authority to make an approved catchment action plan
readily accessible to persons in its area of operations, and requires the Minister
to place the plan on the website of the Department of Infrastructure, Planning
and Natural Resources.

Clause 25 provides for the amendment, replacement or revocation of catchment
action plans.

Clause 26 requires the regular and periodic review of catchment action plans by
authorities and the auditing of such plans (at least once every 5 years) at the
direction of the Minister.

Part 5 Annual implementation programs
Clause 27 provides that an authority is required to prepare and submit to the
Minister each year an implementation program seeking to give effect to any
catchment action plan of the authority.

Clause 28 provides for Ministerial approval of the annual program.

Clause 29 empowers and requires the authority to undertake the catchment
activities set out in an approved annual program.

Part 6 Financial
Clause 30 requires an authority to establish a Fund for receipts and expenditures
by the authority and provides that the Fund does not form part of the
Consolidated Fund.

Clause 31 makes provision for the investment of funds by an authority.

Clause 32 empowers the regulations to prescribe or provide for the fees that an
authority may demand in relation to the services and other activities of the
authority.

Clause 33 gives effect to proposed Schedule 4 which continues existing powers
of catchment management trusts (replaced by authorities under the proposed
Act) to levy a catchment contribution in accordance with proposed Schedule 4
and the regulations.

Part 7 Miscellaneous
Clause 34 provides that the proposed Act binds the Crown.

Clause 35 provides that an authority may acquire land by agreement or (with
Ministerial approval) by compulsory process in accordance with the Land
Acquisition (Just Terms Compensation) Act 1991.

Clause 36 provides for the entry on land by an authority for inspections and the
construction of authorised works.

Clause 37 provides that proof of certain matters is not required in legal
proceedings unless evidence is given to the contrary.

Clause 38 provides that no action or proceeding may be brought to compel an
authority to carry out its functions or to recover any penalty or damages from an
authority in respect of a failure to carry out its functions.

Clause 39 provides that proceedings for an offence against the proposed Act or
the regulations are to be dealt with summarily before a Local Court.

Clause 40 contains the general regulation-making power.

Clause 41 is a formal provision giving effect to the Schedule of amendments of
other Acts.

Clause 42 provides for the repeal of the Catchment Management Act 1989, the
Catchment Management Regulation 1999 and the Hunter Catchment
Management Trust Regulation 1997.

Clause 43 is a formal provision giving effect to the Schedule of savings and
transitional provisions.

Clause 44 provides for a standard review of the proposed Act.

Schedule 1 List of catchment management authorities
Schedule 1 contains a list of the catchment management authorities on the
commencement of the proposed Act.

Schedule 2 Areas of operations of authorities
Schedule 2 describes the area of operations for each authority. The Schedule
contains a map that generally depicts the areas concerned.

Schedule 3 Provisions relating to boards of authorities
Schedule 3 contains standard provisions relating to the members and procedures
of boards of authorities, including terms of office and vacation of office of
members, disclosure of pecuniary interests and meeting procedures.

Schedule 4 Catchment contributions
Schedule 4 continues the existing provisions relating to the levying of
catchment contributions to raise certain shortfalls in revenue, including the basis
for levying catchment contributions, the assessment of such contributions, their
approval by the Minister, and the collection and recovery of catchment
contributions by an authority.

Schedule 5 Amendment of other Acts
Schedule 5 contains consequential amendments to other Acts. In particular, an
amendment to the Public Finance and Audit Act 1983 applies provisions for the
auditing of the accounts of an authority by the Auditor-General and the
submission of annual reports to Parliament.

Schedule 6 Savings, transitional and other provisions
Schedule 6 enables savings and transitional regulations to be made consequent
on the enactment of the proposed Act and contains other specific savings and
transitional provisions (including the abolition of existing catchment
management bodies).

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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