New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
ENVIRONMENTAL RESEARCH TRUST BILL 1990*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
This Bill is cognate with the Environmental Restoration and Rehabilitation Trust
Bill 1990.
The object of this Bill is to constitute an Environmental Research Trust to be
funded by 20 per cent of payments to the Water Board for trade waste disposal
permissions from 1 January 1990 to 1 July 2000.
The Trust's main object is to promote research in the public and private sectors
into environmental problems and the Trust can make grants to individuals or
organisations for that purpose.
PART 1 - PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 defines certain. expressions for the purposes of the proposed Act.
PART 2 - ENVIRONMENTAL RESEARCH TRUST
Clause 4 constitutes the Environmental Research Trust as a body corporate.
Clause 5 provides for the Trust to consist of 7 members and specifies who the
members are to be.
Clause 6 states the object of the Trust (as referred to above).
Clause 7 states that the functions of the Trust arc to make grants for the purpose
of promoting its object, supervise the expenditure of grants and engage in other
activities approved by the Minister.
Clause 8 requires the Trust to establish a Technical Committee and allows it to
establish other committees.
* Amended in committee - see table at end of volume.
Clause 9 requires the Trust to refer each application for a grant to the Technical
Committee.
Clause 10 states that grants can be made only out of the income derived from
investment of money in the Environmental Research Trust Fund established under
clause 13.
Clause 11 limits the amount of each grant to no more than 10 per cent of the
Trust's income during the previous financial year. Each grant is to be expended
within 2 years. The Trust may waive those requirements in special cases but must
include details of its decision to do so in its next annual report.
Clause 12 enables the Trust to recover grants that have not been properly applied.
PART 4 - FINANCE
Clause 13 provides for the establishment in the Special Deposits Account in the
Treasury of an Environmental Research Trust Fund.
The main source of funding consists of 20 per cent of payments to the Water
Board from 1 January 1990 to 1 July 2000 for the benefit of permissions relating to
the discharge of trade waste into any service of the Board.
The Trust may use only the income from investment of money in the Fund.
Clause 14 requires the Trust to invest money in the Fund in accordance with the
Public Authorities (Financial Arrangements) Act 1987 or in a manner approved by
the Treasurer.
PART 5 - ADMINISTRATION
Clause 15 enables the Trust, with the approval of the Minister, to use the staff and
facilities of government departments and authorities.
Clause 16 allows the Trust to delegate its functions.
PART 6 - MISCELLANEOUS
Clause 17 specifies the financial year of the Trust.
Clause 18 provides that proof of certain matters relating to the Trust is not
required in legal proceedings.
Clause 19 enables regulations to be made by the Governor-in-Council for the
purposes of the Act.
Clause 20 amends the Public Finance and Audit Act 1983 to apply the auditing
and accounting provisions of that Act to the Trust.
SCHEDULE 1 - PROVISIONS RELATING TO MEMBERS AND
PROCEDURE OF THE TRUST
Schedule 1 contains provisions relating to the members and procedure of the
Trust, including provisions dealing with terms of office, vacation of office, general
procedure, presiding member and voting.
2