Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
NATURAL RESOURCE MANAGEMENT BILL
(No. 2) 2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Interaction with other Acts
PART 2 TASMANIAN NATURAL RESOURCE
MANAGEMENT COUNCIL
5. Establishment of Council
6. Membership of Council
7. General functions and powers of Council
8. Annual report
PART 3 REGIONAL COMMITTEES
Division 1 Establishment
9. Regional committees
10. General functions and powers of regional committees
11. Annual report
[Bill 68]-V
PART 4 REGIONAL STRATEGIES
12. Preparation of draft regional strategy
13. Draft regional strategy
14. Accreditation of regional strategy
15. Accreditation criteria
16. Review
PART 5 MISCELLANEOUS
17. Natural resource management principles
18. Priorities for natural resource management
19. Disclosure of interest
20. Review of Act
21. Regulations
22. Administration of Act
SCHEDULE 1 OBJECTIVES OF THE RESOURCE
MANAGEMENT AND PLANNING SYSTEM OF
TASMANIA
SCHEDULE 2 MEMBERSHIP AND MEETINGS OF
COUNCIL
2
NATURAL RESOURCE MANAGEMENT BILL
(No. 2) 2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to establish the Tasmanian Natural Resource
Management Council and regional committees for
natural resource management and to provide for the
development of regional strategies for natural
resource management
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Natural Resource
Management Act 2002.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. In this Act
[Bill 68] 3
s. 3 No. Natural Resource Management (No. 2) 2002
"accreditation criteria" means criteria relating to
regional strategies as approved by the
Minister under section 15;
"Council" means the Tasmanian Natural Resource
Management Council established under
section 5;
"draft regional strategy" means a draft regional
strategy prepared under section 12;
"managing body" means
(a) in the case of an incorporated
association, the committee of that
association; or
(b) in the case of a body corporate, the board
of management or the board of directors
of that body corporate;
"Ministerial Council" means the Ministerial
Council established by the Council of
Australian Governments with respect to
natural resource management;
"natural resource management" means
management of any activity that uses,
develops or conserves
(a) air, water, land, plants, animals and
micro-organisms; and
(b) the systems they form;
"natural resource management principles"
means the principles of natural resource
management as determined by the Minister
under section 17;
4
2002 Natural Resource Management (No. 2) No. s. 3
"objectives" means the objectives of the resource
management and planning system of
Tasmania as specified in Schedule 1;
"priorities for natural resource management"
means the priorities as determined by the
Minister under section 18;
"public land manager" means
(a) the Hydro-Electric Corporation as
continued under the Hydro-Electric
Corporation Act 1995; and
(b) the Forestry corporation established
under the Forestry Act 1920;
"region" means
(a) the northern area and any adjacent
State waters; and
(b) the north-western area and any adjacent
State waters; and
(c) the southern area and any adjacent
State waters;
"regional committee" means a regional committee
for natural resource management
(a) as declared under section 9(2); or
(b) established by the Minister under
section 9(5);
"regional strategy" means a draft regional
strategy accredited by the Minister under
section 14;
5
s. 4 No. Natural Resource Management (No. 2) 2002
"State waters" means State waters within the
meaning of the Living Marine Resources
Management Act 1995.
Interaction with other Acts
4. (1) This Act is in addition to, and does not limit, or
derogate from, any other Act.
(2) A person who performs a function or exercises a
power under this Act must do so in a manner that furthers
the objectives.
6
2002 Natural Resource Management (No. 2) No. s. 5
PART 2 TASMANIAN NATURAL RESOURCE
MANAGEMENT COUNCIL
Establishment of Council
5. There is established the Tasmanian Natural Resource
Management Council.
Membership of Council
6. (1) The Council consists of not more than 16 persons
appointed by the Minister of whom
(a) one is the Secretary of the responsible
Department; and
(b) one is a person nominated by the regional
committee of the northern area; and
(c) one is a person nominated by the regional
committee of the north-western area; and
(d) one is a person nominated by the regional
committee of the southern area; and
(e) the remainder are persons with experience,
skills and knowledge in natural resource
management selected from nominations as the
Minister may determine.
(2) The membership of the Council
(a) is to provide a balance of natural resource
management interests in the State; and
(b) is to comprise equal numbers of males and
females as may be practicable.
7
s. 7 No. Natural Resource Management (No. 2) 2002
(3) The Minister is to appoint one of the members of
the Council as the chairperson.
(4) Schedule 2 has effect in respect of the
membership and meetings of the Council.
General functions and powers of Council
7. (1) The functions of the Council are to advise the
Minister on the following:
(a) the priorities for natural resource
management for the State;
(b) the priorities for funding relating to natural
resource management;
(c) the implementation and administration of
national and State programs relating to
natural resource management;
(d) the accreditation criteria;
(e) the effective means of ensuring consistency
and coordination in natural resource
management throughout the State;
(f) the effective means of increasing community
capacity to undertake natural resource
management;
(g) the effectiveness and efficiency of activities
carried out under regional strategies;
(h) any other matter referred to it by the Minister.
(2) In performing its functions, the Council is to take
account of the natural resource management principles.
8
2002 Natural Resource Management (No. 2) No. s. 8
(3) The Council may do anything necessary or
convenient to perform any of its functions.
Annual report
8. (1) The Council, on or before 31 October in each year, is
to forward to the Minister a report on its activities for the
year ending on the preceding 30 June.
(2) The Minister is to table a copy of the report
before each House of Parliament within 10 sitting days
after receiving the report.
9
s. 9 No. Natural Resource Management (No. 2) 2002
PART 3 REGIONAL COMMITTEES
Division 1 Establishment
Regional committees
9. (1) A body of persons in each region may establish an
incorporated association or a body corporate for natural
resource management.
(2) The Minister, by order and subject to any terms
and conditions the Minister determines, may declare any
of the following to be a regional committee:
(a) the managing body of an incorporated
association or a body corporate established
under subsection (1);
(b) a committee established by an incorporated
association or a body corporate for the purpose
of this Act.
(3) The Minister is not to declare a managing body
or a committee referred to in subsection (2) to be a regional
committee unless satisfied that it
(a) consists of not more than 15 persons with
experience, skills and knowledge in natural
resource management; and
(b) includes representation from the following:
(i) Aboriginal community interests;
(ii) State and local governments;
(iii) one or more public land managers;
(iv) community interests;
(v) conservation interests;
10
2002 Natural Resource Management (No. 2) No. s. 10
(vi) industries in the region; and
(c) provides a balance of geographical areas and of
natural resource management interests in the
region; and
(d) comprises equal numbers of males and females
as far as practicable.
(4) The Minister, by order, may revoke a declaration
made under subsection (2) if satisfied that
(a) the managing body or committee referred to in
that subsection no longer complies with
subsection (3); or
(b) it is appropriate to do so.
(5) If a regional committee is not declared under this
section in respect of any region, the Minister is to establish
a regional committee in that region.
(6) The Minister is to appoint a member of each
regional committee as chairperson of that regional
committee.
General functions and powers of regional
committees
10. (1) The functions of a regional committee are as
follows:
(a) to identify the priorities for natural resource
management for the region;
(b) to prepare a draft regional strategy for the
region;
(c) to facilitate the implementation of the regional
strategy;
11
s. 11 No. Natural Resource Management (No. 2) 2002
(d) to promote the natural resource management
principles;
(e) to facilitate the integration of natural resource
management and planning activities for the
region;
(f) to seek, manage and allocate funds according
to the regional strategy;
(g) to coordinate the region's participation in
national and State programs relating to
natural resource management;
(h) to monitor and evaluate the implementation of
the regional strategy;
(i) to develop and implement processes to ensure
appropriate education and training in natural
resource management.
(2) A regional committee may do anything necessary
or convenient to perform any of its functions.
Annual report
11. (1) A regional committee is to prepare an annual
report for each financial year.
(2) The annual report is to include the following
information and documents:
(a) the financial statements of the regional
committee for the financial year;
(b) a report on the operations of the regional
committee during that financial year;
(c) a report on the implementation of the regional
strategy;
12
2002 Natural Resource Management (No. 2) No. s. 11
(d) any further information the Minister may
require;
(e) any other information the regional committee
considers is appropriate or necessary.
(3) A regional committee is to provide the annual
report to the Minister and the Council on or before 30
September in each year.
(4) The Minister is to table a copy of the report
before each House of Parliament at the same time as the
report under section 8(2) is tabled.
13
s. 12 No. Natural Resource Management (No. 2) 2002
PART 4 REGIONAL STRATEGIES
Preparation of draft regional strategy
12. (1) A regional committee is to prepare a draft regional
strategy for its region within 12 months after the
commencement of this Act.
(2) In preparing a draft regional strategy, a regional
committee is to consult with
(a) the Council; and
(b) the community in the region; and
(c) State and local governments; and
(d) the public land managers; and
(e) the industries in the region; and
(f) any other relevant association or body.
Draft regional strategy
13. (1) A draft regional strategy is to include the
following:
(a) the aims of the draft regional strategy;
(b) the priorities for natural resource
management for the region;
(c) processes for encouraging participation by the
community in natural resource management
in the region.
(2) A draft regional strategy is to
14
2002 Natural Resource Management (No. 2) No. s. 14
(a) take account of
(i) the priorities for natural resource
management for the State; and
(ii) existing policies, plans and strategies
relevant to natural resource
management in the region; and
(iii) the social, economic and environmental
circumstances of the region; and
(b) be in accordance with the accreditation
criteria.
Accreditation of regional strategy
14. (1) A regional committee is to submit its draft regional
strategy to the Council as soon as practicable after it has
prepared it.
(2) The Council is to recommend to the Minister
that
(a) a draft regional strategy be accredited if
satisfied that it conforms to the accreditation
criteria; or
(b) a draft regional strategy not be accredited if
not so satisfied.
(3) The Minister may
(a) accredit a draft regional strategy; or
(b) refuse to accredit a draft regional strategy.
(4) If the Minister refuses to accredit a draft
regional strategy
(a) the Minister is to
15
s. 15 No. Natural Resource Management (No. 2) 2002
(i) return it to the regional committee; and
(ii) give reasons in writing for not
accrediting it; and
(b) the regional committee is to resubmit it to the
Council taking into account any reasons given
under paragraph (a)(ii).
Accreditation criteria
15. (1) In advising the Minister as to the accreditation
criteria, the Council is to take account of national
accreditation criteria as determined by the Ministerial
Council.
(2) The Minister may
(a) approve any accreditation criteria after
considering advice from the Council; and
(b) make any changes to any accreditation
criterion as the Minister determines.
Review
16. A regional committee is to review its regional
strategy
(a) at least once every 5 years; or
(b) sooner if required to do so by the Minister.
16
2002 Natural Resource Management (No. 2) No. s. 17
PART 5 MISCELLANEOUS
Natural resource management principles
17. (1) The Minister is to
(a) determine the principles of natural resource
management; and
(b) advise the Council and regional committees
accordingly.
(2) The Minister may amend any principle of natural
resource management.
(3) Before amending any principle of natural
resource management, the Minister is to consult with the
Council.
Priorities for natural resource management
18. The Minister, after seeking advice from the Council, is
to
(a) determine the priorities for natural resource
management for the State; and
(b) advise the Council and regional committees
accordingly.
Disclosure of interest
19. (1) A member of the Council or a regional committee
who has a direct or indirect interest in a matter under
consideration by the Council or regional committee, as
appropriate
17
s. 19 No. Natural Resource Management (No. 2) 2002
(a) must disclose full and accurate details of the
interest; and
(b) must not vote in relation to the matter; and
(c) must be absent while voting in relation to the
matter is taking place.
(2) Subsection (1) does not apply with respect to an
interest in a matter that is held in common with other
persons within the State.
(3) The quorum requirements specified in
Schedule 2 do not apply if a quorum has been lost because
of the operation of subsection (1).
(4) A disclosure under subsection (1) is to be
recorded in the minutes.
(5) A member has an interest in a matter if the
member or a close associate of the member would, if the
matter were decided in a particular manner, receive, have
an expectation of receiving or be likely to receive a
pecuniary benefit or pecuniary detriment.
(6) A person is a close associate of a member if that
person is
(a) a proprietary company in which the member is
a shareholder; or
(b) a public company in which the member is
directly or indirectly a substantial
shareholder; or
(c) a beneficiary under a trust or an object of a
discretionary trust of which the member is a
trustee; or
(d) a partner of the member; or
(e) the employer or an employee of the member; or
18
2002 Natural Resource Management (No. 2) No. s. 20
(f) a person from whom the member has received,
or might reasonably be expected to receive, a
fee, commission or other reward for providing
professional or other services in relation to a
matter being dealt with or to be dealt with by
the Council or regional committee; or
(g) the spouse or de facto spouse of the member or
of the member's son or daughter; or
(h) the son, daughter, brother, sister, mother or
father of the member or their spouse or de
facto spouse.
Review of Act
20. Not later than 5 years after the commencement of this
Act and every 5 years after that, the Minister is to review
this Act to
(a) determine the effectiveness of regional
strategies; and
(b) evaluate the effectiveness of the accreditation
criteria; and
(c) determine whether the functions of the
Council and the regional committees continue
to be appropriate for the purpose of this Act.
Regulations
21. The Governor may make regulations for the purpose of
this Act.
19
s. 22 No. Natural Resource Management (No. 2) 2002
Administration of Act
22. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Primary Industries, Water
and Environment; and
(b) the department responsible to the Minister for
Primary Industries, Water and Environment
in relation to the administration of this Act is
the Department of Primary Industries, Water
and Environment.
20
2002 Natural Resource Management (No. 2) No. sch. 1
SCHEDULE 1 OBJECTIVES OF THE RESOURCE
MANAGEMENT AND PLANNING SYSTEM OF
TASMANIA
Section 3
1. The objectives of the resource management and
planning system of Tasmania are
(a) to promote the sustainable development of
natural and physical resources and the
maintenance of ecological processes and
genetic diversity; and
(b) to provide for the fair, orderly and sustainable
use and development of air, land and water;
and
(c) to encourage public involvement in resource
management and planning; and
(d) to facilitate economic development in
accordance with the objectives set out in
paragraphs (a), (b) and (c); and
(e) to promote the sharing of responsibility for
resource management and planning between
the different spheres of Government, the
community and industry in Tasmania.
2. In clause 1(a), "sustainable development" means
managing the use, development and protection of natural
and physical resources in a way, or at a rate, which
enables people and communities to provide for their social,
economic and cultural wellbeing and for their health and
safety while
(a) sustaining the potential of natural and
physical resources to meet the reasonably
foreseeable needs of future generations; and
21
sch. 1 No. Natural Resource Management (No. 2) 2002
(b) safeguarding the life-supporting capacity of
air, water, soil and ecosystems; and
(c) avoiding, remedying or mitigating any adverse
effects of activities on the environment.
22
2002 Natural Resource Management (No. 2) No. sch. 2
SCHEDULE 2 MEMBERSHIP AND MEETINGS OF
COUNCIL
Section 6(4)
Interpretation
1. In this Schedule, "member" means a member of the
Council, other than the member referred to in
section 6(1)(a).
Term of office
2. (1) A member is to be appointed for the period, not
exceeding 3 years, specified in the instrument of
appointment.
(2) A member is eligible to be reappointed for one
further term of office only.
Conditions of appointment
3. (1) A member is entitled to be paid any remuneration
and allowances the Minister determines.
(2) A member holds office on any conditions specified
in the instrument of appointment.
Holding other office
4. The holder of an office who is required under any Act to
devote the whole time to the duties of that office is not
disqualified from
(a) holding that office in conjunction with the
office of a member; or
23
sch. 2 No. Natural Resource Management (No. 2) 2002
(b) accepting any remuneration payable to a
member.
Resignation
5. A member may resign by signed notice given to the
Minister.
Removal of member
6. The Minister may remove a member from office
(a) if the member is convicted of an indictable
offence or an offence elsewhere which, if
committed in Tasmania, would be an
indictable offence; or
(b) if the member becomes bankrupt, applies to
take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds
with the member's creditors or makes an
assignment of the member's remuneration or
estate for their benefit; or
(c) if the Minister considers that the member is
unable to perform adequately or competently
the functions of the member's office; or
(d) if the member has been absent for 3
consecutive meetings of the Council without
the permission of the Council; or
(e) for any other just cause or excuse.
Filling of vacancies
7. (1) A member vacates office if the member
24
2002 Natural Resource Management (No. 2) No. sch. 2
(a) dies; or
(b) resigns; or
(c) is removed from office under clause 6.
(2) If the office of a member becomes vacant, the
Minister may appoint a suitable person to the vacant office
for the remainder of that member's term of office.
Defect not to invalidate appointment
8. An appointment of a person as a member is not invalid
merely because of a defect or irregularity in relation to the
appointment.
Presumptions
9. In any proceedings by or against the Council, unless
evidence is given to the contrary, proof is not required of
(a) the constitution of the Council; or
(b) any resolution of the Council; or
(c) the appointment of any member; or
(d) the presence of a quorum at any meeting of the
Council.
Convening of meetings
10. A meeting of the Council is to be convened
(a) by the chairperson of the Council; or
(b) by any 3 members by notice in writing to all
other members.
25
sch. 2 No. Natural Resource Management (No. 2) 2002
Presiding at meetings
11. (1) The chairperson of the Council presides at all
meetings of the Council at which he or she is present.
(2) If the chairperson of the Council is not present at
a meeting of the Council, a member chosen by the
members present at the meeting is to preside.
Quorum and voting at meetings
12. (1) A quorum at any duly convened meeting of the
Council is a simple majority of the members.
(2) At a meeting of the Council
(a) the member presiding has a deliberative vote
only; and
(b) a question is decided
(i) by a majority of votes of the members
present and voting; or
(ii) in the negative if there is an equality of
votes of the members present and
voting.
Minutes
13. The Council is to
(a) cause full and accurate minutes to be kept of
its proceedings at meetings; and
(b) submit to the Minister a copy of the minutes of
each meeting within 14 days after the date on
which the meeting is held.
26
2002 Natural Resource Management (No. 2) No. sch. 2
Conduct of meetings
14. Subject to this Act, the Council may regulate the
calling of, and the conduct of business at, its meetings as it
considers appropriate.
Validity of proceedings
15. (1) Any act or proceeding of the Council or of a person
acting under the direction of the Council is not invalid by
reason only that, at the time when the act or proceeding
was done, taken or commenced, there was a vacancy in the
membership of the Council.
(2) Any act or proceeding of the Council or of a
person acting under the direction of the Council is valid
even if
(a) the appointment of a member of the Council
was defective; or
(b) a person appointed as a member of the Council
was disqualified from acting as, or incapable of
being, such a member.
Immunity of members
16. A member incurs no liability for an honest act or
omission in the performance or exercise or purported
performance or exercise of functions or powers under this
Act.
Government Printer, Tasmania 27