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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Conservation Council Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--ESTABLISHMENT OF COUNCIL 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Establishment of Council 3
5. Constitution and membership of the Council 3
6. Functions 4
7. Powers 4
8. Terms of appointment 4
9. Chairperson 5
10. Fees and allowances 5
11. Resignation and removal 5
12. Vacancies 5
13. Meeting procedure 5
14. Validity of decisions 6
15. Committees of the Council 7
16. Report on operations 7
PART 2--INVESTIGATIONS 8
17. Minister to require investigation 8
18. Requests, amendments and withdrawals to be laid before
Parliament 8
19. Secretary to approve resources for investigation 9
20. Matters to be taken into account in investigations 9
21. Notice of investigation 10
22. Submissions 10
23. Report on the investigation 10
24. Extension of time 11
PART 3--SAVINGS AND TRANSITIONAL 12
25. Repeal of Land Conservation Act 1970 12
26. Saving of recommendations 12
27. Amendment of Land Conservation (Vehicle Control) Act 1972 12
28. Amendment of Flora and Fauna Guarantee Act 1988 12
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Clause Page
29. Amendment of Reference Areas Act 1978 12
NOTES 13
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PARLIAMENT OF VICTORIA
A BILL
to establish an Environment Conservation Council, to make
consequential amendments to other Acts and for other purposes.
Environment Conservation Council Act
1997
The Parliament of Victoria enacts as follows:
PART 1--ESTABLISHMENT OF COUNCIL
1. Purposes
The purposes of this Act are to--
(a) establish an Environment Conservation
5 Council to conduct investigations into the
use or development of public land within the
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Environment Conservation Council Act 1997
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State or any flora, fauna or minerals on
above or under that land or water flowing
over that land; and
(b) repeal the Land Conservation Act 1970;
5 and
(c) make various consequential amendments to
other Acts; and
(d) make other related provisions.
2. Commencement
10 (1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
15 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) has not
come into operation before 1 February 1998, it
comes into operation on that date.
3. Definitions
20 In this Act--
"additional member" means a person appointed
under section 5(2);
"Council" means the Environment Conservation
Council established under this Act;
25 "member" means a person appointed under
section 5(1) and includes the chairperson of
the Council;
"public land" means--
(a) any unalienated land of the Crown,
30 including, land temporarily or
permanently reserved under the
Crown Land (Reserves) Act 1978;
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Environment Conservation Council Act 1997
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Act No.
(b) state forest within the meaning of the
Forests Act 1958;
(c) park, within the meaning of the
National Parks Act 1975;
5 (d) land under the management and control
of Melbourne Parks and Waterways,
established under the Water Industry
Act 1994;
(e) land vested in any public authority,
10 other than--
(i) a municipal council; or
(ii) an Authority under the Water Act
1989, to the extent that the land
vested in the Authority is within a
15 sewerage district listed in column
3 of Schedule 12 of the Act;
"Secretary" has the same meaning as Director-
General in the Conservation Forests and
Lands Act 1987.
20 4. Establishment of Council
There is established a Council to be called the
"Environment Conservation Council".
5. Constitution and membership of the Council
(1) The Council consists of 3 members appointed by
25 the Governor in Council on the recommendation
of the Minister.
(2) For the purposes of an investigation which has
been referred to the Council, the Governor in
Council, on the recommendation of the Minister,
30 may appoint a person or persons to be members of
the Council.
(3) The persons appointed to the Council are to be
persons who, in the opinion of the Minister, have
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Environment Conservation Council Act 1997
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Act No.
the experience and knowledge necessary to enable
the Council to carry out its functions.
6. Functions
The functions of the Council are--
5 (a) carry out those investigations that are
requested by the Minister into the use or
development of public land or any flora,
fauna or minerals on above or under that
land or water flowing over that land; and
10 (b) carry out any other functions conferred on
the Council by this or any other Act.
7. Powers
The Council may do anything necessary or
convenient to enable it to carry out its functions.
15 8. Terms of appointment
(1) A member of the Council holds office for the
period, not exceeding 3 years, specified in the
instrument of his or her appointment.
(2) An additional member holds office for the period
20 of the investigation for which that member is
appointed.
(3) A member of the Council is eligible for re
appointment.
(4) The instrument of appointment of a member and
25 an additional member may specify terms and
conditions of appointment.
(5) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
not apply to a member or an additional member in
30 respect of the office of member or additional
member.
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Act No.
9. Chairperson
The Governor in Council must appoint one of the
members to be the chairperson of the Council.
10. Fees and allowances
5 Members and additional members who are not
officers or employees of the public service are
entitled to receive the fees, travelling and other
allowances from time to time fixed by the
Governor in Council for those members and
10 additional members.
11. Resignation and removal
(1) Members and additional members may resign by
writing signed by the person resigning and
addressed to the Governor in Council.
15 (2) The Governor in Council may at any time remove
a member or an additional member from office.
12. Vacancies
If a member of the Council dies, resigns or is
removed from office, the Governor in Council, in
20 accordance with this Act, may fill the vacant
office.
13. Meeting procedure
(1) The chairperson is to preside at any meeting of the
Council at which he or she is present.
25 (2) If the chairperson is absent from a meeting of the
Council, the members present at the meeting must
elect one of those present to preside at the
meeting.
(3) Subject to sub-section (2), meetings of the
30 Council are to be held at such times and places as
the chairperson determines.
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Act No.
(4) The chairperson may at any time convene a
meeting, but must do so when requested by a
member.
(5) A majority of the members for the time being
5 constitutes a quorum of the Council.
(6) A question arising at a meeting must be
determined by a majority of votes of members
present and voting on that question and, if the
voting is equal, the person presiding has a casting
10 vote as well as a deliberative vote.
(7) The person presiding must ensure that minutes are
kept of each of its meetings.
(8) Subject to this section, the Council may regulate
its own proceedings.
15 14. Validity of decisions
(1) An act or decision of the Council is not invalid
merely because of--
(a) a defect or irregularity in, or in connection
with, the appointment of a member; or
20 (b) a vacancy in the membership of the Council,
including a vacancy arising from the failure
to appoint an original member.
(2) Anything done by or in relation to a person
purporting to act as chairperson or as a member is
25 not invalid merely because--
(a) the occasion for the appointment had not
risen; or
(b) there was a defect or irregularity in relation
to the appointment; or
30 (c) the appointment had ceased to have effect.
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Environment Conservation Council Act 1997
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Act No.
15. Committees of the Council
(1) For the purposes of this Act, the Council may
appoint any committees that it considers necessary
and may abolish any such committee.
5 (2) The membership of a committee is not restricted
to the membership of the Council.
(3) The Council may determine the procedure of each
committee.
16. Report on operations
10 (1) The Council must submit a report on its operation
to the Minister on or before 31 October in each
year.
(2) A report under sub-section (1) must include a
report on each investigation completed,
15 commenced or carried out during the year and a
statement of the resources used in carrying out
each investigation.
(3) The Minister must cause a copy of the report to be
laid before each House of Parliament, within 7
20 sitting days after the report has been submitted to
the Minister.
_______________
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Environment Conservation Council Act 1997
s. 17
Act No.
PART 2--INVESTIGATIONS
17. Minister to require investigation
(1) The Minister may require the Council to carry out
an investigation into the use or development of
5 public land or any flora, fauna or minerals on,
above or under that land or water flowing over
that land.
(2) A request must be in writing and must specify the
time within which the Council is to report on the
10 request.
(3) The Minister may, at any time during the course
of an investigation--
(a) direct the Council on any matters it is to take
into consideration;
15 (b) withdraw or amend a request.
18. Requests, amendments and withdrawals to be laid
before Parliament
(1) The Minister must cause a copy of a request--
(a) to be laid before each House of Parliament,
20 within 14 sitting days after the request is
made; and
(b) to be published in the Government Gazette,
within 14 days after the request is made.
(2) The Minister must cause a copy of an amendment
25 or withdrawal of a request--
(a) to be laid before each House of Parliament,
within 14 sitting days after the amendment
or withdrawal is made; and
(b) to be published in the Government Gazette,
30 within 14 days after the amendment or
withdrawal is made.
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Environment Conservation Council Act 1997
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Act No.
19. Secretary to approve resources for investigation
(1) The Council must, within 30 days after receiving a
request from the Minister, submit a plan for the
investigation to the Secretary.
5 (2) A plan must include an estimate of the resources
needed to carry out the investigation.
(3) The Secretary must consult with the Council over
the estimate of the resources and must make
available those resources which the Secretary and
10 Council agree are required to effectively carry out
the investigation.
20. Matters to be taken into account in investigations
In carrying out an investigation under this Act the
Council must have regard to--
15 (a) the ability of any existing or proposed
development or use of the land or resources
to be ecologically and economically
sustainable;
(b) the economic and social value of any
20 existing or proposed development or use of
the land or resources;
(c) the existence of and the need to conserve and
preserve any areas of ecological or historical
interest or natural beauty on the land;
25 (d) the need for the creation and preservation of
parks, reserves and other places of leisure
within the State;
(e) any international obligations entered into by
the Commonwealth and any national
30 agreements entered into with or obligations
undertaken in conjunction with the
Commonwealth and the other States and
Territories which relate to the subject matter
of the investigation.
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Environment Conservation Council Act 1997
s. 21
Act No.
21. Notice of investigation
(1) The Council must cause notice of an investigation
to be published in a newspaper circulating
generally throughout the State.
5 (2) A notice under sub-section (1)--
(a) must include a statement of the subject of the
investigation; and
(b) set out an address where a copy of the
Minister's request may be obtained; and
10 (c) must state the fact that submissions may be
made; and
(d) set out the time within which submissions
must be made and form and the manner in
which they may be made.
15 22. Submissions
(1) Any persons may make submissions an
investigation to the Council.
(2) A submission must be made--
(a) within 30 days of the publication of a notice
20 under section 21; or
(b) if another time is specified in the notice, the
time specified in the notice; or
(c) in the case of a submission made by a person
or class of persons for which the Council
25 allows an extension of time, within the time
allowed by the Council.
(3) A submission must be made in the form and
manner specified in the notice.
23. Report on the investigation
30 (1) The Council must present a written report on the
outcome of its investigation to the Minister on or
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Act No.
before the date specified as the date on which the
report is to be made.
(2) The report must specify all the proposals made in
submissions to the Council and the reasons for
5 which the Council had accepted, rejected or
modified those proposals.
(3) The Minister must cause a copy of the report to be
laid before each House of Parliament, within 7
sitting days after the report has been presented to
10 the Minister.
24. Extension of time
(1) The Council may request an extension of time to
complete an investigation.
(2) A request must be in writing addressed to the
15 Minister.
(3) The Minister may either grant or refuse the
Council's request.
(4) The Minister must advise the Council in writing
of his or her decision under sub-section (3) and, if
20 the request is granted, must specify a new time
within which the Council is to report on the
request.
_______________
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Environment Conservation Council Act 1997
s. 25
Act No.
PART 3--SAVINGS AND TRANSITIONAL
25. Repeal of Land Conservation Act 1970
The Land Conservation Act 1970 is repealed.
26. Saving of recommendations
5 (1) The repeal of the Land Conservation Act 1970
does not affect the continuing operation of--
(a) any recommendation made under Act
(whether or not notice has been given of that
recommendation under section 10(3) of that
10 Act); and
(b) any act matter or thing done to give effect to
such a recommendation.
(2) Any recommendation to which sub-section (1)
applies may be amended or revoked by the
15 Governor in Council on the recommendation of
the Minister.
27. Amendment of Land Conservation (Vehicle Control)
Act 1972
In section 2 of the Land Conservation (Vehicle
20 Control) Act 1972 for "Land Conservation Act
1970" substitute "Environment Conservation
Council Act 1997".
28. Amendment of Flora and Fauna Guarantee Act 1988
In section 37 of the Flora and Fauna Guarantee
25 Act 1988, paragraph (e) is repealed.
29. Amendment of Reference Areas Act 1978
In section 2 of the Reference Areas Act 1978,
after "Land Conservation Act 1970" insert "as
in force immediately before its repeal".
30
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Environment Conservation Council Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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