Rural Communities Impacts Bill 2004

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

Overview of Bill

The object of this Bill is to require Ministers to consider the likely impact of
certain legislation and other government proposals on rural communities.

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 the date of
assent.

Clause 3 sets out the scope of the proposed Act by defining rural community as
being the part of the State that is outside the Sydney, Newcastle and Wollongong
metropolitan areas.

Clause 4 defines other terms used in the proposed Act.

Part 2 Requirements of rural communities impact
statements
Clause 5 provides that a rural communities impact statement is not valid for the
purposes of the proposed Act unless it is written by the Rural Communities
Impact Assessment Unit in the Cabinet Office.

Clause 6 specifies some of the matters that must be covered by a rural
communities impact statement.

Clause 7 makes it clear that additional matters may be included in a rural
communities impact statement.

Clause 8 provides that a rural communities impact statement may (if
appropriate) merely state that the relevant Bill, statutory rule, environmental
planning instrument or decision has “no likely impact” on the rural community.

Part 3 Assessment of likely impact of proposed
Acts on rural communities
Clause 9 provides that a Minister or Government Member who intends to
introduce a Bill into Parliament must ensure, before the Bill is considered by the
Cabinet, that a rural communities impact statement has been prepared which
provides information about the likely impact of the proposed Act on the rural
community and that the Minister or Member has given consideration to that
likely impact.

Clause 10 requires the tabling in Parliament of a rural communities impact
statement in relation to a Bill before the Bill is read a second time.

Part 4 Assessment of likely impact of proposed
statutory rules on rural communities
Clause 11 specifies that the proposed Part imposes obligations on the Minister
administering the Act under which a statutory rule is or is proposed to be made.

Clause 12 requires a Minister who intends to submit a proposed statutory rule to
the Governor to ensure, before the proposed statutory rule is submitted, that a
rural communities impact statement has been prepared in relation to the statutory
rule and that the Minister has given consideration to it.

Clause 13 requires a copy of the rural communities impact statement for a
statutory rule to be included with any regulatory impact statement required in
relation to the statutory rule.

Clause 14 requires the tabling in Parliament of a rural communities impact
statement.

Clause 15 requires notice to be given to the public as to where a rural
communities impact statement can be accessed.

Part 5 Assessment of likely impact of proposed
environmental planning instruments on rural
communities
Clause 16 requires a Minister who intends to recommend the making of a State
environmental planning policy to the Governor to ensure, before the proposed
policy is recommended, that a rural communities impact statement has been
prepared in relation to the policy and has been publicly exhibited and that the
Minister has given consideration to it.

Clause 17 requires a Minister who intends to make a regional environmental
plan to ensure, before the proposed plan is made, that a rural communities impact
statement has been prepared in relation to the plan and has been publicly
exhibited and that the Minister has given consideration to it.

Clause 18 requires a Minister who intends to make a local environmental plan
to ensure, before the proposed plan is made, that a rural communities impact
statement has been prepared in relation to the plan and has been publicly
exhibited and that the Minister has given consideration to it.

Part 6 Assessment of likely impact of proposed
Cabinet decisions on rural communities
Clause 19 requires rural communities impact statements to be prepared in
relation to certain decisions before the Cabinet and to be distributed to Cabinet
Ministers and considered by them before any decision is made.

Clause 20 makes it clear that the proposed obligations extend to the Cabinet’s
consideration of Bills, proposed statutory rules and proposed environmental
planning instruments.

Part 7 Rural Communities Impact Assessment Unit
Clause 21 establishes the Rural Communities Impact Assessment Unit in the
Cabinet Office.

Clause 22 imposes a requirement that there be in each Department at least one
person whose duties involve, or include, liaising with the Unit.

Clause 23 requires the Unit to maintain a website on which rural communities
impact statements are to be posted.

Part 8 Miscellaneous
Clause 24 provides for the Premier to certify that the requirements of the
proposed Act do not have to be complied with, for instance, in an emergency.

Clause 25 requires the Speaker of the Legislative Assembly and the President of
the Legislative Council to report on non-compliance with tabling requirements
under the proposed Act.

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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