Northern Territory Explanatory Statements

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ENVIRONMENT PROTECTION AUTHORITY BILL 2007


2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR NATURAL RESOURCES, ENVIRONMENT & HERITAGE

ENVIRONMENT PROTECTION AUTHORITY BILL
SERIAL NO. 114

EXPLANATORY STATEMENT


GENERAL OUTLINE

This Bill establishes an Environment Protection Authority in the Northern Territory.

The purpose of the Bill is to establish an independent Environment Protection Authority to give advice to the Territory Government, businesses and community about matters related to ecologically sustainable development. The Bill sets out the functions and powers of the Authority and establishes its membership, staff and reporting arrangements.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Environment Protection Authority Act 2007.

Clause 2. Commencement

The Act will commence on a date fixed by the Administrator through a notice in the Gazette.


Clause 3. Definitions

This clause defines the terms Authority, chairperson, environment, Government business division and member.

Clause 4. Establishment

This clause establishes the Environment Protection Authority.

Clause 5. Functions

The clause establishes that the Authority’s functions are to give advice and make recommendations to Territory government, businesses and community about matters related to ecologically sustainable development that are referred to it. Referals can be from the Minister, on the Authority’s own initiative or by any other person, provided that the referrals are in accordance with criteria and arrangements agreed between the Authority and the Minister. The Authority must take referrals from the Minister but has discretion about whether or not to act on those from other people.

Sub-clause (2) gives examples of matters that the Authority may make advice and recommendations about.

Clause 6. Powers

This clause indicates that the Authority may do all things necessary or convenient to enable it to perform its functions. These include, but are not limited to, the Authority conducting inquiries; requiring Chief Executive Officers of government agencies to provide information; and asking non-government entities or Government Business Divisions to give it information.

Sub-clause (3) enables the Authority to ask a person with special knowledge or experience to assist it with an inquiry.


Clause 7. How Authority acts

Sub-clause (1) indicates that in exercising its powers and performing its functions, the Authority must consult with Government, business and the community in appropriate ways.

Sub-clause (2) lists principles that the Authority must have regard to in exercising its powers and performing its functions. The principles will guide the Authority in its work and include: ecologically sustainable development; the need to for objectives, standards and targets to be based on sound science and to be consistent with best practice; the need to promote integration, certainty and to reduce duplication of government processes; the need to consider global dimensions and regional variation; the need to develop a strong economy with a well informed private sector that has the capacity to protect the environment; the need to facilitate community involvement and to be transparent in information availability and decision making; and having regard to government’s economic policies and priorities for the Northern Territory.

Clause 8. Independence

This clause underpins the Authority’s independence, by ensuring that the Authority is not subject to the Minister’s direction in relation to the exercise of its powers or performance of its functions, and in particular is not subject to ministerial direction in relation to the preparation and contents of advice or recommendations.

Clause 9. Composition

This clause establishes that there can be between 4 and 7 members of the Authority.

Clause 10. Appointment

This clause enables the Administrator to appoint suitably qualified persons to be members of the Authority by Gazette notice, and sets out criteria for consideration by the Adminstrator in making the appointment of a member.


Clause 11. Duration of appointment

This clause provides for a member to be appointed for up to three years.

Clause 12. Conditions of appointment

This clause indicates that a member holds office on conditions stated in the instrument of appointment.

Clause 13. Chairperson

This clause requires the Minister to appoint a chairperson from within the members of the Authority.

Clause 14. When member ceases to hold office

This clause identifies the circumstances under which a member ceases to hold office, or under which the Administrator may remove a member from office.

Clause 15. Holding meetings

This clause enables the Authority to meet as often as necessary, with a minimum requirement of 4 meetings per year. The Chairperson is responsible for making arrangements for meetings.

Clause 16. Presiding member at meetings

This clause requires that the Chairperson preside at all meetings when he or she is present, and for members to elect a member to preside if the Chairperson is absent from a meeting.

Clause 17. Procedures at meetings

This clause establishes that the majority of members form a quorum for the Authority. It also provides that the Authority makes decisions by majority, gives the Chairperson a casting vote, and requires the Authority to keep proper minutes of its proceedings and decisions. Subject to these matters, the Authority is authorised to decide its own procedures.

Clause 18. Disclosure of interest

This clause requires a member with a direct or indirect interest in a matter being or to be considered by the Authority, to disclose the interest, and for that disclosure to be minuted. While a member has an interest, they must not take part in any deliberation or decision relating to the matter or form part of the quorum for considering the matter, unless the Authority resolves otherwise. Even if such a resolution is passed, the member can refuse to take part in deliberation or decision relating to the matter.

Clause 19. Status

This clause requires staff of the Authority to be public sector employees.

Clause 20. Staff subject to direction of members

Under this clause, staff are subject to the direction of an Authority member in performing their duties.

Clause 21. Guidelines

This clause enables the chairperson to make guidelines about administrative practices and procedures which are not inconsistent with the Act.

Clause 22. Annual report

This clause requires the Authority to prepare an annual report within three months of the end of each financial year and for the Minister to table the report in the Legislative Assembly within six sitting days of receiving it.

Clause 23. Protection from liability

This clause protects a person from civil or criminal liability for an act done, or omitted to be done, in good faith when the person has exercised their powers or performed their functions as an Authority member.

Clause 24. Advice or recommendation to be made public

This clause requires the Authority to make its advice and recommendations available to the public in the way it considers appropriate. The Authority may withhold information if it is satisfied there are reasonable grounds for doing so. The Authority is required to give reasonable notice to the Minister of its intention to make its recommendations or advice available to the public and to provide the Minister with copies of its advice or recommendations.

Clause 25. Minister to notify Authority of decision on advice or recommendation

This clause requires the Minister to respond in writing to the Authority’s advice or recommendation, where that advice or recommendation is directed to the Territory Government.

Clause 26. Review of Act

This clause requires the Minister to review the operation of the Act within five years of its commencement and to table the review in the Legislative Assembly.

Clause 27. Regulations

This clause enables the Administrator to make regulations under the Act.

 

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