Northern Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
ENVIRONMENT PROTECTION AUTHORITY BILL 2007
Serial 114
Environment Protection
Authority Bill 2007
Ms
Lawrie
AN ACT
to
establish the Environment Protection Authority, and for related
purposes
NORTHERN TERRITORY OF
AUSTRALIA
ENVIRONMENT PROTECTION AUTHORITY ACT
2007
____________________
Act No. [ ] of 2007
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2007
____________________
AN ACT
[Assented to [ ]
2007]
[Second reading [ ]
2007]
The Legislative Assembly of the Northern Territory enacts
as follows:
PART
1 – PRELIMINARY MATTERS
Short title
This Act may be cited as the Environment Protection
Authority Act 2007.
Commencement
This Act commences on the date fixed by the Administrator
by Gazette notice.
Definitions
In this Act:
"Authority" means the Environment Protection Authority
established by section ;
"chairperson" means the chairperson of the
Authority;
"environment" means all aspects of the surroundings of
humans, including the physical, biological, economic, cultural and social
aspects;
"Government Business Division", see the Financial
Management Act;
"member" means a member of the Authority.
PART
2 – ENVIRONMENT PROTECTION AUTHORITY
Division
1 – Establishment, functions, powers and
independence
Establishment
The Environment Protection Authority is
established.
Functions
(1) The Authority's functions are to give advice and make
recommendations to the Territory, businesses and the community about
ecologically sustainable development:
(a) on a reference made by the Minister; or
(b) on a reference:
(i) made by someone else in accordance with criteria and
arrangements agreed with the Minister; and
(ii) accepted by the Authority; or
(c) on its own initiative in accordance with criteria and
arrangements agreed with the Minister.
(2) The following are examples of matters about which the
advice or recommendation may be given or made:
(a) achieving best practice environmental policy and
management;
(b) setting objectives, targets and standards for the public
and private sectors;
(c) reviewing practices and procedures of the public and
private sectors;
(d) legislation and its administration;
(e) issues affecting the Territory's capacity to achieve
ecologically sustainable development;
(f) emerging environmental issues;
(g) monitoring and evaluating cumulative impacts of
development in the Territory.
Powers
(1) The Authority may do all things necessary or convenient
to enable it to perform its functions.
(2) Without limiting subsection (1), the Authority may do
the following:
(a) conduct the inquiries it considers
appropriate;
(b) require the Chief Executive Officer of an Agency (other
than a Government Business Division) to give it relevant
information;
(c) ask a Government Business Division or non-government
entity to give it relevant information.
(3) The Authority may ask a person having special knowledge
or experience relevant to a particular inquiry to help it conduct the
inquiry.
How Authority acts
(1) In exercising its powers and performing its functions,
the Authority must consult with Agencies, businesses and the community in the
way it considers appropriate.
(2) In addition, the Authority must have regard to the
following:
(a) the principles of ecologically sustainable
development;
(b) the need to adopt objectives, targets and standards for
environmental management that are:
(i) soundly and scientifically based; and
(ii) consistent with best practices;
(c) the need to promote integration, certainty and reduce
duplication of government processes;
(d) the principle that decision making processes and
frameworks should effectively integrate both long-term and short-term economic,
environmental and social equity considerations;
(e) the need to consider:
(i) the global dimension of environmental impacts of actions
and policies; and
(ii) regional variations in the
environment;
(f) the need to develop a strong, growing and diversified
economy and a well informed and engaged private sector that can enhance the
capacity for protection of the environment;
(g) the need to maintain and enhance international
competitiveness in an environmentally sound way;
(h) the need to adopt cost effective and flexible policy
instruments, including, for example, improved valuation, pricing and incentive
mechanisms;
(i) the need to facilitate community involvement (reflecting
the diversity of the community) relating to issues affecting the
community;
(j) the need to be transparent in information availability
and decision making and to monitor and report on outputs and
outcomes;
(k) government economic policies and priorities for the
Territory.
Independence
(1) The Authority is not subject to the Minister's
direction.
(2) In particular, the Authority is not subject to the
Minister's direction in relation to the preparation and contents of any advice
or recommendation of the Authority.
Composition
The Authority consists of at least 4 members but not more
than 7 members.
Appointment
(1) The Administrator may, by Gazette notice,
appoint a person to be a member.
(2) The Administrator may appoint a person to be a member
only if satisfied the person holds qualifications or experience that will help
the Authority perform its functions.
(3) In making an appointment, the Administrator must have
regard to the following:
(a) the person's skills and knowledge, including skills and
knowledge relating to regional and indigenous issues;
(b) the person's experience of environmental or business
issues;
(c) the person's experience in working with the
community.
Duration of appointment
A member holds office for the period, not exceeding
3 years, stated in the instrument of appointment.
Conditions of appointment
A member holds office on the conditions stated in the
instrument of appointment.
Chairperson
The Minister must appoint a member to be the
chairperson.
When member ceases to hold office
(1) A member ceases to hold office if:
(a) the member resigns by giving written notice of
resignation to the Minister; or
(b) the member's term of office comes to an end and the
member is not re-appointed; or
(c) the member is convicted of an indictable offence or
sentenced to imprisonment for an offence; or
(d) the member is absent, except on leave granted by the
Authority, from 3 consecutive meetings of the Authority; or
(e) the member is removed from office under subsection
(2).
(2) The Administrator may remove a member from office
for:
(a) mental or physical incapacity to carry out official
duties satisfactorily; or
(b) neglect of duty; or
(c) breach of a condition of appointment;
or
(d) dishonest or dishonourable conduct.
Division
3 – Conduct of business
Holding meetings
(1) The Authority must meet as often as is necessary for
the exercise of its powers and the performance of its
functions.
(2) However, the Authority must meet at least 4 times in
each year.
(3) The chairperson must make appropriate arrangements for
the Authority to meet.
Presiding member at meetings
(1) The chairperson must preside at all meetings of the
Authority at which he or she is present.
(2) If the chairperson is absent from a meeting, the
members present must elect a member to preside.
Procedures at meetings
(1) A quorum of the Authority consists of a majority of
members.
(2) A question arising for decision at a meeting must be
resolved according to the opinion of a majority of the members present at the
meeting and, if they are equally divided in opinion, the chairperson has a
casting vote.
(3) The Authority must keep proper minutes of its
proceedings and decisions.
(4) Subject to this Part, the Authority may decide its own
procedures.
Disclosure of interest
(1) If
a member has a direct or indirect interest in a matter being considered or about
to be considered by the Authority, the member must disclose the nature of the
interest at an Authority meeting as soon as practicable after the relevant facts
come to the member's knowledge.
(2) The disclosure must be recorded in the Authority's
minutes.
(3) The member must not, while having the
interest:
(a) take part in any deliberation or decision of the
Authority relating to the matter; or
(b) form part of the quorum of the Authority in any
deliberation or decision of the Authority relating to the
matter.
(4) However, subsection (3) does not apply if the Authority
resolves the subsection does not apply to the member.
(5) Despite the resolution, the member may decline to take
part in any deliberation or decision of the Authority relating to the
matter.
Division
4 – Authority staff
Status
Staff of the Authority must be public sector
employees.
Staff subject to direction of members
Staff of the Authority are subject to the direction of a
member in the performance of their duties.
Guidelines
(1) The chairperson may make guidelines about the
Authority's administrative practices and procedures.
(2) Without limiting subsection (1), the guidelines may
provide for dealing with culturally sensitive or commercial
information.
(3) The guidelines must not be inconsistent with this
Act.
Annual report
(1) The Authority must, within 3 months after the end of
each financial year, report to the Minister on the administration of this Act
for the year.
(2) The Minister must, within 6 sitting days after
receiving the report, table a copy of it in the Legislative
Assembly.
Protection from liability
(1) A person is not civilly or criminally liable for an act
done or omitted to be done by the person in good faith:
(a) in the exercise or purported exercise of a power as a
member; or
(b) in the performance or purported performance of a
function as a member.
(2) Subsection (1) does not affect any liability the
Territory would, apart from that subsection, have for the act or
omission.
PART
3 – INFORMATION AVAILABILITY
Availability of advice or recommendation
(1) When the Authority gives advice or makes a
recommendation, it must give a copy of it to the Minister and make it available
to the public in the way the Authority considers appropriate.
(2) However, the Authority may withhold information if it
is satisfied there are reasonable grounds for doing so.
(3) In addition, before making the advice or recommendation
available to the public, the Authority must give the Minister reasonable notice
of its intention to do so.
Minister to notify Authority of decision on advice or
recommendation
If the Authority gives advice or makes a recommendation to
the Territory, the Minister must, as soon as practicable after a decision is
taken on the advice or recommendation, give written notice to the Authority of
the decision.
PART
4 – MISCELLANEOUS MATTERS
Review of Act
The Minister must, within 5 years after the commencement of
this Act:
(a) review the operation of this Act; and
(b) table a copy of the report of the review in the
Legislative Assembly.
Regulations
The Administrator may make regulations under this
Act.
[Index]
[Search]
[Download]
[Related Items]
[Help]