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

Overview of Bill

The objects of this Bill are as follows:

(a) to improve the co-ordination and implementation of management strategies in
relation to the health of the Hawkesbury-Nepean river system,

(b) to improve public access to information about management strategies in
relation to the health of the Hawkesbury-Nepean river system,

(c) to provide increased opportunities for public involvement in the development
of management strategies in relation to the health of the Hawkesbury-Nepean
river system,

(d) to improve the management of development in the Hawkesbury-Nepean
waters (in-stream development).

For that purpose, this Bill establishes the Office of the Hawkesbury-Nepean (the
Office), as a statutory corporation, and confers functions on the Office in connection
with maintaining or improving the health of the Hawkesbury-Nepean river system
and the management of in-stream development.

Other public authorities with functions in relation to the Hawkesbury-Nepean river
system will be required to co-operate with the Office.

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Hawkesbury-Nepean River Bill 2009
Explanatory note
This Bill also amends the Public Finance and Audit Act 1983 consequentially.

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 provides for the objects of the proposed Act, as described in the Overview.

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

A management strategy, in relation to the health of the Hawkesbury-Nepean river
system, means:

(a) any policy, program or plan of the New South Wales Government or a public
authority devised, adopted or implemented for the purposes of improving or
maintaining the health of the Hawkesbury-Nepean river system, or

(b) any agreement or arrangement entered into by the New South Wales
Government with the Commonwealth or a local council for the purposes of
improving or maintaining the health of the Hawkesbury-Nepean river system.

The health of the Hawkesbury-Nepean river system includes:

(a) the quality and quantity of the waters within the Hawkesbury-Nepean river
system, and

(b) the management of aquatic weeds in the Hawkesbury-Nepean river system,
and

(c) the health of river dependent ecosystems and their components, and

(d) such other matters relating to the Hawkesbury-Nepean river system as may be
prescribed by the regulations.

The Hawkesbury-Nepean waters are the waters described in Schedule 1. This is the
area in which the Office may exercise its functions with respect to in-stream
development.

Clause 5 enables the Governor, by order, to alter or replace the description of the
Hawkesbury-Nepean waters in Schedule 1 to the proposed Act.

Part 2 Establishment of Office of Hawkesbury-Nepean
Clause 6 establishes the Office of the Hawkesbury-Nepean as a corporation.

Clause 7 provides that the Office is a NSW Government agency.

Clause 8 provides that the Office is subject to the control and direction of the
Minister.

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Hawkesbury-Nepean River Bill 2009
Explanatory note
Clause 9 makes the Director of the Office responsible for the day-to-day
management of the affairs of the Office.

Clause 10 establishes an Advisory Board for the Office, consisting of
representatives from a number of public authorities with existing functions with
respect to the Hawkesbury-Nepean river system.

Clause 11 enables the Office to delegate its functions.

Part 3 Functions of Office
Clause 12 confers on the Office the function of co-ordinating and assisting with the
implementation of management strategies in relation to the health of the
Hawkesbury-Nepean river system. In particular, the Office may liaise with public
authorities, and establish arrangements or procedures, for the purposes of
co-ordinating works to manage aquatic weeds in the Hawkesbury-Nepean river
system and managing the implementation of any arrangements agreed between the
State and the Commonwealth or a local council for the recovery of the
Hawkesbury-Nepean river system.

Clause 13 confers on the Office the function of acting as a single point of public
access to information and advice about management strategies in relation to the
health of the Hawkesbury-Nepean river system. For that purpose, the Office may
provide information and advice to the public in relation to management strategies.

Clause 14 requires the Office to provide opportunities to the public to be involved in
the development of management strategies in relation to the health of the
Hawkesbury-Nepean river system. For that purpose, the Office may consult with the
public about management strategies and report or provide advice to the Minister or
any public authority about the results of its public consultation.

Clause 15 requires the Office to promote the effective management of in-stream
development. For that purpose, the Office may liaise with planning authorities for the
purpose of ensuring that they exercise their functions with respect to in-stream
development in an integrated and efficient manner and provide information or
assistance to the public in connection with in-stream development.

Clause 16 provides for supplementary functions of the Office.

Part 4 Interaction with other public authorities
Clause 17 requires other public authorities to co-operate with the Office in the
exercise of its functions.

Clause 18 enables the Office to enter into agreements or other arrangements with
other public authorities for the purpose of achieving the objects of the proposed Act.

Part 5 Miscellaneous
Clause 19 confers a protection from personal liability on persons who exercise
functions under the proposed Act.

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Hawkesbury-Nepean River Bill 2009
Explanatory note
Clause 20 requires the annual report of the Office to be included in the annual report
to Parliament of the Department of Water and Energy.

Clause 21 enables the Office to make special reports (in addition to annual reports).

Clause 22 provides for the seal of the Office.

Clause 23 enables regulations to be made under the proposed Act.

Clause 24 provides for a review of the proposed Act after it has been in operation for
5 years.

Schedule 1 Hawkesbury-Nepean waters
Schedule 1 contains a geographical description of the Hawkesbury-Nepean waters.

Schedule 2 Amendment of Public Finance and Audit
Act 1983 No 152
Schedule 2 makes a consequential amendment to the Public Finance and Audit Act
1983.

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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