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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Commissioner for Environmental Sustainability
Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose and outline of Act 1
2. Commencement 2
3. Definitions 3
4. What is ecologically sustainable development? 4
5. Crown to be bound 5
PART 2--THE COMMISSIONER FOR ENVIRONMENTAL
SUSTAINABILITY 6
6. The Commissioner 6
7. Objectives of the Commissioner 7
8. Functions of the Commissioner 8
9. Powers of the Commissioner 8
10. Accountability of the Commissioner 9
11. Acting Commissioner 10
12. Staff 11
13. Consultants 12
14. Delegation 12
15. Business plan and budget 12
16. Annual report 13
PART 3--REPORTS 14
17. Reports on the State of the Environment of Victoria 14
18. Reports on environmental management systems 15
19. Consultation 16
20. Commissioner may publish statements and guidelines 16
21. Public availability 16
PART 4--CONSEQUENTIAL AMENDMENTS 18
22. Public Sector Management and Employment Act 1998 18
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Clause Page
ENDNOTES 19
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PARLIAMENT OF VICTORIA
Initiated in Assembly 26 February 2003
A BILL
to provide for a Commissioner for Environmental Sustainability, to
facilitate a periodical Report on the State of the Environment of
Victoria and annual reporting on the implementation of environmental
management systems, to consequentially amend the Public Sector
Management and Employment Act 1998 and for other purposes.
Commissioner for Environmental
Sustainability Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose and outline of Act
(1) The purpose of this Act is to provide for the
appointment and objectives, functions and powers
5 of the Commissioner for Environmental
Sustainability.
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(2) In outline this Act--
· provides for the appointment of the
Commissioner for Environmental
Sustainability and an Acting Commissioner
5 for Environmental Sustainability;
· sets out the objectives, functions and powers
of the Commissioner for Environmental
Sustainability and for the accountability of
the Commissioner for Environmental
10 Sustainability;
· provides for the staffing and operation of the
office of the Commissioner for
Environmental Sustainability;
· provides for the preparation of a periodical
15 Report on the State of the Environment of
Victoria;
· provides for annual reporting on the
implementation of environmental
management systems;
· requires the Commissioner for
20
Environmental Sustainability to make reports
and information available publicly and on
the Internet.
(3) Sub-section (2) is intended only as a guide to
25 readers as to the general scheme of this Act.
2. Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
the Royal Assent.
30 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
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(3) If a provision referred to in sub-section (2) does
not come into operation before 1 September 2003,
it comes into operation on that day.
3. Definitions
5 In this Act--
"Administrative Office" means a body or group
existing as an Administrative Office in
relation to a Department by virtue of an
order made under section 11 of the Public
10 Sector Management and Employment Act
1998;
"Administrative Office Head" means a person
employed as an Administrative Office Head
under section 12 of the Public Sector
15 Management and Employment Act 1998;
"Agency" means--
(a) a Department; or
(b) an Administrative Office;
"Agency Head" means--
20 (a) in relation to a Department, the Head of
that Department; or
(b) in relation to an Administrative Office,
the Head of that Administrative Office;
"Commissioner" means the Commissioner for
25 Environmental Sustainability;
"Department" means a Department existing by
virtue of an Order made under section 10 of
the Public Sector Management and
Employment Act 1998;
30 "Department Head" means a Department Head
under section 12 of the Public Sector
Management and Employment Act 1998;
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"ecologically sustainable development" means
the concept set out in section 4;
"environmental management system" means
the organisational structure, policies,
5 practices, processes and procedures for
implementing environmental management,
including systems for designating
responsibility for and allocating resources to,
environmental management;
10 "public authority" has the meaning given by
section 5 of the Public Sector Management
and Employment Act 1998;
"public authority Head" means chief executive
officer (by whatever name called) of a public
15 authority;
"Report on the State of the Environment of
Victoria" means the report prepared under
section 17.
4. What is ecologically sustainable development?
20 (1) Ecologically sustainable development is
development that improves the total quality of
life, both now and in the future, in a way that
maintains the ecological processes on which life
depends.
25 (2) The objectives of ecologically sustainable
development are--
(a) to enhance individual and community well-
being and welfare by following a path of
economic development that safeguards the
30 welfare of future generations;
(b) to provide for equity within and between
generations;
(c) to protect biological diversity and maintain
essential ecological processes and life-
35 support systems.
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(3) The following are to be considered as guiding
principles of ecologically sustainable
development--
(a) that decision making processes should
5 effectively integrate both long-term and
short-term economic, environmental, social
and equity considerations;
(b) if there are threats of serious or irreversible
environmental damage, lack of full scientific
10 certainty should not be used as a reason for
postponing measures to prevent
environmental degradation;
(c) the need to consider the global dimension of
environmental impacts of actions and
15 policies;
(d) the need to develop a strong, growing and
diversified economy which can enhance the
capacity for environment protection;
(e) the need to maintain and enhance
20 international competitiveness in an
environmentally sound manner;
(f) the need to adopt cost effective and flexible
policy instruments such as improved
valuation, pricing and incentive mechanisms;
25 (g) the need to facilitate community involvement
in decisions and actions on issues that affect
the community.
5. Crown to be bound
This Act binds the Crown, not only in right of
30 Victoria but also, so far as the legislative power of
the Parliament permits, the Crown in all its other
capacities.
__________________
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Part 2--The Commissioner for Environmental Sustainability
s. 6
PART 2--THE COMMISSIONER FOR ENVIRONMENTAL
SUSTAINABILITY
6. The Commissioner
(1) The Governor in Council may appoint an officer
5 to be called the Commissioner for Environmental
Sustainability.
(2) Subject to this section, the Commissioner holds
office for a term not exceeding 5 years as is
specified in the instrument of appointment.
10 (3) The Commissioner is eligible for re-appointment.
(4) The Commissioner is to be appointed on such
terms and conditions, not inconsistent with this
Act, as the Governor in Council determines.
(5) The Commissioner is entitled to be paid the
15 remuneration and allowances determined by the
Governor in Council.
(6) The Public Sector Management and
Employment Act 1998 does not apply to the
Commissioner in respect of the office of
20 Commissioner.
(7) The Commissioner must not directly or indirectly
engage in any paid employment outside the duties
of the Commissioner.
(8) The office of the Commissioner becomes vacant if
25 the Commissioner is convicted of an indictable
offence, or of an offence which, if committed in
Victoria, would be an indictable offence.
(9) The Commissioner may resign by notice in
writing signed and addressed to the Governor in
30 Council.
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Part 2--The Commissioner for Environmental Sustainability
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(10) The Governor in Council, on the recommendation
of the Minister, may remove the Commissioner
from office if the Commissioner has--
(a) refused, neglected or failed to carry out the
5 duties of the office; or
(b) demonstrated inefficiency or misbehaviour
in carrying out the duties.
(11) If the Commissioner is removed from office under
sub-section (10), the Minister must cause to be
10 laid before each House of the Parliament a full
statement of the grounds of the removal within
10 sitting days of that House after the removal.
(12) An act or decision of the Commissioner is not
invalid merely because of a defect or irregularity
15 in, or in connection with, the appointment of the
Commissioner.
7. Objectives of the Commissioner
The objectives of the Commissioner are to--
(a) report on matters relating to the condition of
20 the natural environment of Victoria;
(b) encourage decision making that facilitates
ecologically sustainable development;
(c) enhance knowledge and understanding of
issues relating to ecologically sustainable
25 development and the environment;
(d) encourage sound environmental practices
and procedures to be adopted by the
Government of Victoria and local
government as a basis for ecologically
30 sustainable development.
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s. 8
8. Functions of the Commissioner
The functions of the Commissioner are to--
(a) prepare the Report on the State of the
Environment of Victoria;
5 (b) conduct annual strategic audits of, and
prepare reports on, the implementation of
environmental management systems by
Agencies and public authorities;
(c) audit public education programs relating to
10 ecologically sustainable development and
advise the Minister as to the effectiveness of
the programs in encouraging the community
to adopt ecologically sustainable
development principles and practices;
15 (d) advise the Minister in relation to any matter
relating to ecologically sustainable
development referred to the Commissioner
by the Minister under section 10(2);
(e) administer this Act.
20 9. Powers of the Commissioner
(1) Subject to this Act, the Commissioner has power
to do all things necessary or convenient to be done
for or in connection with the performance of the
Commissioner's functions and to enable the
25 Commissioner to achieve the objectives of the
Commissioner under this Act.
(2) Without limiting the generality of sub-section (1),
the Commissioner may--
(a) make formal requests to Agency Heads and
30 public authority Heads for assistance and the
provision of information for the purposes of
this Act;
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(b) subject to the approval of the Minister,
establish a Reference Group for the purpose
of providing advice to the Commissioner in
respect of the performance of the functions
5 of the Commissioner under this Act;
(c) subject to the approval of the Minister,
appoint committees for the purpose of
providing advice to the Commissioner on
specific matters.
10 10. Accountability of the Commissioner
(1) In performing the functions and exercising the
powers under this Act, the Commissioner must
have regard to the following principles--
(a) the effective integration of economic, social
15 and environmental considerations with the
need to improve community well-being and
the benefit of future generations;
(b) that actions should add value and be targeted
to achieving the most benefit for the people
20 of Victoria;
(c) that decision making should focus on
developing solutions and achieving
improvements;
(d) the need to ensure impartiality, openness,
25 transparency and accountability.
(2) The Commissioner must perform the functions
and exercise the powers under this Act subject to
any specific written directions given by the
Minister to the Commissioner.
30 (3) The Minister must cause a copy of any specific
written direction to be laid before each House of
the Parliament within 10 sitting days of that
House after the specific written direction has been
given to the Commissioner.
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(4) If a specific written direction includes a
requirement that the Commissioner prepare a
report for the Minister, the Minister must cause a
copy of the report to be laid before each House of
5 the Parliament within 10 sitting days of that
House after the report has been presented to the
Minister.
11. Acting Commissioner
(1) The Minister may appoint a person to act in the
10 office of Commissioner--
(a) during a vacancy in that office; or
(b) during any period, or during all periods,
when the person holding that office is absent
from duty or is, for any other reason, unable
15 to perform the functions of that office--
but a person so appointed to act during a vacancy
must not continue so to act for more than
6 months.
(2) An appointment of a person under sub-section (1)
20 may be expressed to have effect only in such
circumstances as are specified in the instrument of
appointment.
(3) The Minister--
(a) subject to this section, may determine the
25 terms and conditions of appointment of a
person acting in the office of Commissioner;
and
(b) may terminate such an appointment at any
time.
30 (4) If a person is acting in the office of Commissioner
in accordance with sub-section (1)(b) and that
office becomes vacant while that person is so
acting, that person may continue so to act until--
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Part 2--The Commissioner for Environmental Sustainability
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(a) the Minister otherwise directs; or
(b) the vacancy is filled; or
(c) a period of 6 months from the date on which
the vacancy occurred expires--
5 whichever first happens.
(5) While a person is acting in the office of
Commissioner in accordance with sub-section (1),
the person has, and may exercise, all the powers,
and perform all the functions of that office under
10 this Act.
(6) The validity of anything done by or in relation to a
person purporting to act in the office of
Commissioner under an appointment made under
sub-section (1) is not to be called in question on
15 the ground that--
(a) the occasion for the appointment has not
arisen; or
(b) there is a defect or irregularity in or in
connection with the appointment; or
20 (c) the appointment has ceased to have effect; or
(d) the occasion to act had not arisen or had
ceased.
12. Staff
(1) Any employees that are necessary for the purposes
25 of this Act may be employed under Part 3 of the
Public Sector Management and Employment
Act 1998.
(2) The Commissioner may enter into agreements or
arrangements for the use of the services of any
30 staff of an Agency or public authority.
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13. Consultants
(1) The Commissioner may engage persons with
suitable qualifications and experience as
consultants.
5 (2) An engagement under sub-section (1) may be on
any terms and conditions the Commissioner
considers appropriate.
14. Delegation
The Commissioner may by instrument delegate to
10 a person referred to in section 12 any function or
power of the Commissioner under this Act other
than this power of delegation.
15. Business plan and budget
(1) The Commissioner must not later than 30 June in
15 each year submit a draft business plan and budget
for the next financial year to the Minister for
approval.
(2) The draft business plan and budget must--
(a) specify the proposed activities of the
20 Commissioner; and
(b) include an estimate of the financial and other
resources required to perform each of the
functions of the Commissioner.
(3) In preparing the draft business plan and budget,
25 the Commissioner must consult with--
(a) the Minister; and
(b) the Department Head of the Department
responsible for administering the
Commissioner's budget.
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(4) The Commissioner must operate in accordance
with--
(a) the business plan and budget as approved by
the Minister; or
5 (b) the business plan and budget as amended
with the approval of the Minister.
16. Annual report
The Commissioner must include--
(a) a brief summary of all activities completed,
10 commenced or conducted; and
(b) a statement of the financial and other
resources used in preparing reports under
Part 3--
during the financial year in the relevant annual
15 report of operations under Part 7 of the Financial
Management Act 1994.
__________________
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Act No.
Part 3--Reports
s. 17
PART 3--REPORTS
17. Reports on the State of the Environment of Victoria
(1) The Commissioner must prepare and submit to the
Minister a periodical Report on the State of the
5 Environment of Victoria prepared at intervals not
exceeding--
(a) 5 years; or
(b) if the framework for environmental reporting
specifies a shorter period, the shorter period.
10 (2) A Report on the State of the Environment of
Victoria must be prepared in accordance with a
framework for environmental reporting developed
by the Commissioner and approved by the
Minister.
15 (3) The Minister must cause a copy of the framework
for environmental reporting developed under sub-
section (2) to be laid before each House of the
Parliament within 10 sitting days of that House
after the framework for environmental reporting
20 has been approved by the Minister.
(4) The Minister must cause a copy of a Report on the
State of the Environment of Victoria to be laid
before each House of the Parliament within
10 sitting days of that House after the Report on
25 the State of the Environment of Victoria has been
given to the Minister.
(5) If a Report on the State of the Environment of
Victoria includes recommendations made by the
Commissioner, the Minister must, not later than
30 the first sitting day after the period of 12 months
since the sitting day on which the Report on the
State of the Environment of Victoria was laid
before each House of the Parliament, cause a
statement of the response of the Government to be
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Part 3--Reports
s. 18
laid before each House specifying the action (if
any) proposed to be taken by the Government
with respect to the recommendations.
18. Reports on environmental management systems
5 (1) Subject to sub-section (3), the Commissioner must
not later than 31 January in each year submit a
report on the implementation of environmental
management systems by Agencies and public
authorities to the Minister.
10 (2) A report on environmental management
systems--
(a) must include an analysis of progress in
meeting the objectives and targets for the
implementation of environmental
15 management systems by Agencies and public
authorities as determined by the Government
of Victoria; and
(b) may include advice and recommendations in
relation to the implementation of
20 international best practice in environmental
management systems.
(3) If this section has not been in operation for at least
6 months as at the 31 January first occurring after
the commencement of this section, the first report
25 under this section is not required until the
following 31 January.
(4) The Minister must cause a copy of a report on
environmental management systems to be laid
before each House of the Parliament within
30 10 sitting days of that House after the report on
environmental management systems has been
given to the Minister.
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Part 3--Reports
s. 19
19. Consultation
The Commissioner must in preparing a report
under this Part consult with any Agency or public
authority in relation to factual information
5 concerning the responsibilities of the Agency or
public authority to be contained in the report.
20. Commissioner may publish statements and guidelines
The Commissioner may publish statements and
guidelines relating to the performance of the
10 functions and the exercise of the powers of the
Commissioner under this Act.
21. Public availability
(1) This section applies to--
(a) the following documents after a copy has
15 been laid before each House of the
Parliament--
(i) any specific written direction given to
the Commissioner under section 10(2);
(ii) any report prepared by the
20 Commissioner to meet a requirement in
a specific written direction;
(iii) the framework for environmental
reporting approved under section 17(2);
(iv) a Report on the State of the
25 Environment of Victoria;
(v) a report on environmental management
systems; and
(b) any document containing statements and
guidelines under section 20.
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Part 3--Reports
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(2) The Commissioner must ensure that copies of
documents to which this section applies are--
(a) publicly available; and
(b) published on the Internet.
__________________
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Commissioner for Environmental Sustainability Act 2003
Act No.
Part 4--Consequential Amendments
s. 22
PART 4--CONSEQUENTIAL AMENDMENTS
22. Public Sector Management and Employment Act 1998
After section 16(1)(g) of the Public Sector
Management and Employment Act 1998
5 insert--
"(ga) the Commissioner in relation to the office of
the Commissioner under the Commissioner
for Environmental Sustainability Act
2003;".
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Commissioner for Environmental Sustainability Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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