ENVIRONMENT PROTECTION ACT 1993 - SECT 24

ENVIRONMENT PROTECTION ACT 1993 - SECT 24

24—Environment Protection Fund

        (1)         The Environment Protection Fund is established.

        (2)         The Fund must be kept as directed by the Treasurer.

        (3)         The Fund is to consist of the following money:

            (a)         the prescribed percentage of fees (other than expiation fees) paid under this Act;

            (b)         expiation fees and the prescribed percentage of penalties recovered in respect of offences against this Act (other than expiation fees or penalties to which a council is entitled);

            (ba)         the prescribed percentage of amounts recovered by the Authority, by negotiation or as a result of civil proceedings, in respect of a contravention of this Act;

            (c)         any money required to be paid into the Fund by way of a financial assurance under Division 5 of Part 6;

            (d)         any amount paid to the Authority, or the value of anything forfeited to the Authority, as a result of exercise of the power of seizure under Division 1 of Part 10;

            (e)         the prescribed percentage of money paid to the Authority by way of a levy under Part 15;

            (ea)         any amount paid to the Authority that is required under Part 15 to be paid into the Fund;

            (f)         any money appropriated by Parliament for the purposes of the Fund;

            (g)         any money paid into the Fund at the direction or with the approval of the Minister and the Treasurer;

            (h)         any money received by way of grant, gift or bequest for the purposes of the Fund;

                  (i)         any income from investment of money belonging to the Fund;

            (j)         any money paid into the Fund under any other Act.

        (4)         The Fund may be applied by the Minister or by the Authority with the approval of the Minister (without further appropriation than this subsection)—

            (a)         in making any payment required in connection with a financial assurance under Division 5 of Part 6; or

            (b)         in making any payment required by the terms of an environment performance agreement under Part 7; or

            (c)         in making payments for or towards the cost of action taken to deal with an environmental emergency or its effects; or

            (d)         for the purposes of education and training programmes in relation to the protection, restoration or enhancement of the environment; or

            (e)         for the purposes of any investigations, research, pilot programmes or other projects relating to the protection, restoration or enhancement of the environment; or

            (f)         towards the costs of administration of this Act.

        (6)         The Authority may, with the approval of the Treasurer, invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as is approved by the Treasurer.