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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Victorian Environmental Assessment Council Act
2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose and outline of Act 1
2. Commencement 3
3. Definitions 3
PART 2--VICTORIAN ENVIRONMENTAL ASSESSMENT
COUNCIL 4
4. Establishment of Council 4
5. Objectives of Council 4
6. Functions 4
7. Powers 4
8. Constitution and membership of the Council 5
9. Terms and conditions of office of members 6
10. Proceedings of the Council 7
11. Validity of decisions 8
12. Committees of the Council 8
13. Community Reference Groups 9
14. Report on operations 9
PART 3--INVESTIGATIONS 11
15. Minister to request investigation 11
16. Requests, amendments and withdrawals to be laid before the
Parliament 12
17. Minister to approve resources for investigation 12
18. Matters to be taken into account in investigations and
recommendations 13
19. Role of Departments and public authorities 14
20. Notice of investigation 14
21. Notice of preparation of discussion paper and draft proposals
paper 15
22. Submissions 15
23. Report on the investigation 16
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Clause Page
24. Extension of time 17
25. Government response 18
26. Implementation 18
PART 4--MISCELLANEOUS AND TRANSITIONAL 19
27. Repeal of Environment Conservation Council Act 1997 19
28. Saving of recommendations 19
29. Amendment of Land Conservation (Vehicle Control)
Act 1972 20
ENDNOTES 21
INDEX 22
ii
541137B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
A BILL
to establish the Victorian Environmental Assessment Council, to
repeal the Environment Conservation Council Act 1997 and for
other purposes.
Victorian Environmental Assessment
Council Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose and outline of Act1
(1) The purpose of this Act is to establish the
Victorian Environmental Assessment Council to
5 conduct investigations and make
recommendations relating to the protection and
ecologically sustainable management of the
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Victorian Environmental Assessment Council Act 2000
s. 1
Act No.
environment and natural resources of the State of
Victoria.
(2) In outline this Act--
· establishes the Victorian Environmental
5 Assessment Council with 5 members
appointed by the Governor in Council;
· enables the appointment of additional
members of the Council for particular
investigations;
· provides for the Council to establish
10
Committees and Community Reference
Groups;
· requires the Council to report on its
operations;
· sets out the process for requesting
15
investigations to be carried out by the Council;
· sets out the considerations the Council is to
have regard to in investigations and
recommendations;
· sets out the process for public submissions;
20
· requires reports on investigations to be tabled
in Parliament and made publicly available;
· requires a statement of the response of the
Government to recommendations to be tabled
25 in Parliament and made publicly available;
· requires the Government to implement
recommendations to the extent that they are
accepted by the Government;
· repeals the Environment Conservation Act
30 1997.
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Victorian Environmental Assessment Council Act 2000
s. 2
Act No.
(3) Sub-section (2) is intended only as a guide to
readers as to the general scheme and effect of this
Act.
2. Commencement
5 (1) Section 1 and this section come into operation on
the day after 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
10 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2001, it
comes into operation on that day.
3. Definitions
15 In this Act--
"additional member" means a person appointed
under section 8(4);
"Council" means the Victorian Environmental
Assessment Council established under this
20 Act;
"investigation" means an investigation requested
by the Minister under section 15;
"member" means a person appointed under
section 8(1) and includes the Chairperson of
25 the Council;
"request" means a request for an investigation.
_______________
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Victorian Environmental Assessment Council Act 2000
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PART 2--VICTORIAN ENVIRONMENTAL ASSESSMENT
COUNCIL
4. Establishment of Council
There is established a Council to be called the
5 "Victorian Environmental Assessment Council".
5. Objectives of Council
The objectives of the Council are to--
(a) provide independent and strategic advice to
the Government of Victoria on matters
10 relating to the protection and ecologically
sustainable management of the environment
and natural resources of the State of
Victoria; and
(b) ensure that it performs its functions in a
15 manner that facilitates the objectives of this
Act.
6. Functions
The functions of the Council are to--
(a) carry out investigations that are requested by
20 the Minister on matters relating to the
protection and ecologically sustainable
management of the environment and natural
resources of the State of Victoria; and
(b) carry out any other functions that are
25 conferred on the Council by this or any other
Act.
7. Powers
(1) Subject to this Act, the Council may do anything
reasonably necessary or convenient to enable it to
30 carry out its functions.
(2) Without limiting its other powers, the Council
may--
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(a) appoint committees in accordance with
section 12; and
(b) with the consent of the Minister
administering the relevant Department, make
5 use of the services of any person employed
in the Department.
8. Constitution and membership of the Council
(1) The Council consists of 5 members appointed by
the Governor in Council on the recommendation
10 of the Minister.
(2) In making a recommendation under sub-section
(1), the Minister must have regard to the need for
the Council to collectively have experience, skills
and knowledge in the following areas--
15 (a) environment protection and conservation;
(b) natural resources management;
(c) economics and business management;
(d) rural and regional affairs;
(e) issues relating to indigenous peoples;
20 (f) local government;
(g) social and community affairs;
(h) community consultation and participation.
(3) The Governor in Council must, on the
recommendation of the Minister, appoint one of
25 the members to be the Chairperson of the Council.
(4) For the purposes of a particular investigation, the
Governor in Council, on the recommendation of
the Minister, may appoint one or more additional
members of the Council.
30 (5) In making a recommendation under sub-section
(4), the Minister must have regard to the need for
the Council to have experience, skills and
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knowledge in the areas most directly related to the
particular investigation.
9. Terms and conditions of office of members
(1) Subject to this section, a member holds office for
5 a term not exceeding 3 years as is specified in the
instrument of appointment.
(2) A member is eligible for re-appointment.
(3) An additional member holds office for the period
of the investigation for which that member is
10 appointed.
(4) The instrument of appointment of a member may
specify terms and conditions of appointment not
inconsistent with this Act.
(5) A member is not subject to the Public Sector
15 Management and Employment Act 1998 in
respect of the office of member.
(6) A member who is not an employee in the public
service is entitled to the remuneration and
allowances (if any) fixed by the Minister.
20 (7) If a member is ill or absent, the Governor in
Council, on the recommendation of the Minister,
may appoint a person to act in the office of that
member during the period of illness or absence.
(8) A member may resign in writing addressed to the
25 Governor in Council.
(9) The office of a member becomes vacant if the
member retires, resigns or dies.
(10) The Governor in Council, on the recommendation
of the Minister, may remove a member from
30 office if the member has--
(a) refused, neglected or failed to carry out his
or her duties; or
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Victorian Environmental Assessment Council Act 2000
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Act No.
(b) demonstrated inefficiency or misbehaviour
in carrying out his or her duties.
(11) If a member is removed from office under sub-
section (10), the Minister must cause to be laid
5 before each House of the Parliament a full
statement of the grounds of the removal within
7 sitting days of that House after the removal.
(12) If there is a vacancy in the office of a member
under sub-section (9) or (10), the vacancy must be
10 filled in accordance with section 8.
(13) In sub-sections (4) to (12) a reference to a member
includes a reference to an additional member.
10. Proceedings of the Council
(1) The Chairperson is to preside at any meeting of
15 the Council at which he or she is present.
(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.
20 (3) Subject to sub-section (2), meetings of the
Council are to be held at such times and places as
the Chairperson determines.
(4) The Chairperson may at any time convene a
meeting, but must do so when requested by a
25 member.
(5) A majority of the members and additional
members for the time being constitutes a quorum
of the Council.
(6) A question arising at a meeting must be
30 determined by a majority of votes of members and
additional members present and voting on that
question.
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Act No.
(7) If the voting is equal, subject to sub-section (9),
the person presiding has a casting vote as well as a
deliberative vote.
(8) An additional member is eligible to vote only in
5 respect of a question directly relating to the
investigation in respect of which he or she is
appointed.
(9) If the person presiding is an additional member,
he or she does not have a casting vote or a
10 deliberative vote in respect of any question not
directly relating to the investigation in respect of
which he or she is appointed.
(10) The person presiding at a meeting must ensure
that minutes of the meeting are kept.
15 (11) Subject to this section, the Council may regulate
its own proceedings.
11. Validity of decisions
(1) An act or decision of the Council is not invalid
merely because of--
20 (a) a defect or irregularity in, or in connection
with, the appointment of a member; or
(b) a vacancy in the membership of the Council,
including a vacancy arising from the failure
to appoint an original member.
25 (2) Anything done by or in relation to a person
purporting to act as Chairperson or as a member is
not invalid merely because--
(a) the occasion for the appointment had not
risen; or
30 (b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment had ceased to have effect.
12. Committees of the Council
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Act No.
(1) For the purposes of this Act, the Council may
appoint any committees that it considers necessary
and may abolish any such committee.
(2) The membership of a committee is not restricted
5 to the membership of the Council.
(3) The Council may determine the procedure of each
committee.
13. Community Reference Groups
(1) The Council must establish a Community
10 Reference Group in respect of each investigation
for the purpose of providing advice to the
Council.
(2) The members of a Community Reference Group
should include representatives who have an
15 interest relevant to the investigation, including,
but not limited to, representatives from the
following--
(a) environment protection and conservation
groups;
20 (b) industry;
(c) farmers;
(d) unions;
(e) indigenous peoples;
(f) local government;
25 (g) other community interests.
(3) The Council may determine the procedure of each
Community Reference Group.
14. Report on operations
(1) The Council must submit a report on its operation
30 to the Minister on or before 31 October in each
year.
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(2) A report under sub-section (1) must include--
(a) a report on each investigation completed,
commenced or conducted during the
preceding financial year;
5 (b) 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 the Parliament within
7 sitting days of that House after the report has
10 been submitted to the Minister.
_______________
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Victorian Environmental Assessment Council Act 2000
s. 15
Act No.
PART 3--INVESTIGATIONS
15. Minister to request investigation
(1) The Minister may request the Council to carry out
an investigation for the purposes of this Act.
5 (2) A request--
(a) must be in writing;
(b) must specify the time within which the
Council is to report on the completed
investigation;
10 (c) must specify that the Council is to prepare a
discussion paper and a draft proposals paper,
unless sub-section (3) applies;
(d) may give the Council directions as to the
number of public submission periods to be
15 held and the length of time to be allowed for
public submissions.
(3) Despite sub-section (2)(c), the Minister may in
respect of a particular investigation specify in the
request any or all of the following--
20 (a) that a discussion paper is not to be prepared;
(b) that a draft proposals paper is not to be
prepared;
(c) that one or more other stages or processes as
identified in the request are to be undertaken
25 during the investigation.
(4) 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;
30 (b) amend or withdraw the request.
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Victorian Environmental Assessment Council Act 2000
s. 16
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16. Requests, amendments and withdrawals to be laid
before the Parliament
The Minister must cause a copy of a request,
amendment or withdrawal--
5 (a) to be laid before each House of the
Parliament, within 7 sitting days of that
House;
(b) to be published in the Government Gazette,
within 7 days;
10 (c) to be published on the internet, within
7 days--
after the request, amendment or withdrawal is
made.
17. Minister to approve resources for investigation
15 (1) The Council must, within the specified period
after receiving a request from the Minister, submit
a business plan and budget for the investigation to
the Minister.
(2) In sub-section (1), "specified period" means--
20 (a) 30 days; or
(b) any longer period specified in writing by the
Minister.
(3) A plan must include an estimate of the financial
and other resources needed to carry out the
25 investigation.
(4) The Minister must--
(a) consult with the Council over the estimate of
the resources;
(b) ensure that the Department Head of the
30 Department of Natural Resources and
Environment makes available those
resources which the Minister considers are
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required to effectively carry out the
investigation.
18. Matters to be taken into account in investigations and
recommendations
5 The Council must have regard to the following
considerations in carrying out an investigation and
in making recommendations to the Minister--
(a) the principles of ecologically sustainable
development;
10 (b) the need to conserve and protect biological
diversity;
(c) the need to conserve and protect any areas
which have ecological, natural, landscape or
cultural interest or significance, recreational
15 value or geological or geomorphological
significance;
(d) the need to provide for the creation and
preservation of a comprehensive, adequate
and representative system of parks and
20 reserves within the State of Victoria;
(e) the existence of any international treaty
ratified by the Commonwealth of Australia
which is relevant to the investigation;
(f) any agreement at a national, inter-state or
25 local government level into which the
Government of Victoria has entered, or
under which the Government of Victoria has
undertaken any obligation in conjunction
with the Commonwealth, a State, Territory
30 or municipal council, which relates to the
subject matter of the investigation;
(g) the potential environmental, social and
economic consequences of implementing the
proposed recommendations;
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(h) any existing or proposed use of the
environment or natural resources.
19. Role of Departments and public authorities
(1) The Council must confer with any Department or
5 public authority which may be affected by the
conduct or results of an investigation.
(2) Departments and public authorities must give
practicable assistance to the Council in carrying
out an investigation.
10 20. Notice of investigation
(1) The Council must cause notice of an investigation
to be published.
(2) If, at any time during the course of an
investigation, the Council proposes to receive
15 further submissions on the investigation, the
Council must cause notice that it is to receive
further submissions on the investigation to be
published.
(3) A notice under sub-section (1) or (2) must--
20 (a) be published--
(i) in a newspaper circulating generally
throughout the State; and
(ii) on the internet;
(b) include a statement of the subject of the
25 investigation;
(c) specify an address and the address of the
internet site where a copy of the Minister's
request may be obtained;
(d) state that submissions may be made;
30 (e) specify--
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s. 21
22
Act No.
(i) the period of time; and
(ii) the form and the manner--
in which submissions can be made.
21. Notice of preparation of discussion paper and draft
5 proposals paper
(1) After the Council has prepared a discussion paper
on an investigation, the Council must cause notice
of the preparation of the discussion paper to be
published.
10 (2) After the Council has prepared a draft proposals
paper on an investigation, the Council must cause
notice of the preparation of the draft proposals
paper to be published.
(3) A notice under sub-section (1) or (2) must--
15 (a) be published--
(i) in a newspaper circulating generally
throughout the State; and
(ii) on the internet;
(b) include a statement of the subject of the
20 investigation;
(c) specify an address and the address of the
internet site where a copy of the paper may
be obtained;
(d) state that submissions may be made;
25 (e) specify--
(i) the period of time; and
(ii) the form and the manner--
in which submissions can be made.
22. Submissions
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(1) Any person or body is entitled to make a
submission to the Council on--
(a) an investigation;
(b) a discussion paper;
5 (c) a draft proposals paper.
(2) A submission must be made within the specified
time of the publication of a notice under section
20 or 21.
(3) Despite anything to the contrary in section 20 or
10 section 21 or this section, the Council may allow
an extension of the specified time for a particular
submission or class of submissions.
(4) In this section, "specified time" means the period
of time specified in the notice under section 20 or
15 21 being--
(a) the time, if any, specified by the Minister in
the request; or
(b) if the Minister did not specify a time, within
60 days or a longer period determined by the
20 Council.
23. Report on the investigation
(1) The Council must submit a written report on the
results of its investigation to the Minister within
the time specified by the Minister in the request.
25 (2) The report must specify--
(a) any recommendations resulting from the
investigation;
(b) a detailed rationale for each of the
recommendations;
30 (c) the main proposals made in submissions to
the Council and the reasons why the Council
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accepted, rejected or modified those
proposals.
(3) The report must be accompanied by a copy of
each submission received in relation to the
5 investigation.
(4) The Council must provide the Minister with
copies of the report to be made publicly available.
(5) The Minister must cause a copy of the report--
(a) to be laid before each House of the
10 Parliament, within 7 sitting days of that
House;
(b) to be available for public perusal, within
7 days;
(c) to be published on the internet, within
15 7 days--
after the report has been presented to the Minister.
24. Extension of time
(1) The Council may apply for an extension of time to
complete an investigation.
20 (2) An application must--
(a) be made not later than 30 days before the
date on which the Council is required to
submit the report;
(b) be in writing addressed to the Minister;
25 (c) explain the reasons why an extension of time
is necessary.
(3) The Minister must either grant or refuse the
application.
(4) The Minister must--
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(a) advise the Council in writing of his or her
decision; and
(b) if the application is granted, must specify a
new time within which the Council is to
5 report on the investigation.
25. Government response
(1) The Minister must, not later than the first sitting
day after the period of 6 months since the sitting
day on which the report of the Council was laid
10 before each House of the Parliament, cause a
statement of the response of the Government to
the report to be laid before each House specifying
the action (if any) proposed to be taken by the
Government with respect to each recommendation
15 of the Council.
(2) Within 7 days after the statement of the response
of the Government has been laid before each
House of the Parliament, the Minister must ensure
that a copy of the statement is published--
20 (a) in the Government Gazette;
(b) on the internet.
26. Implementation
If the statement of the response of the
Government specifies that the Government wholly
25 or partly accepts a recommendation of the
Council, the Government must ensure that
appropriate actions are taken to implement the
recommendation to the extent that it has been
accepted.
30 _______________
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Victorian Environmental Assessment Council Act 2000
s. 27
Act No.
PART 4--MISCELLANEOUS AND TRANSITIONAL
27. Repeal of Environment Conservation Council Act
1997
The Environment Conservation Council Act
5 1997 is repealed.
28. Saving of recommendations
(1) The repeal of the Environment Conservation
Council Act 1997 does not affect the continuing
operation of--
10 (a) any recommendation made under the
Environment Conservation Council Act
1997;
(b) any act, matter or thing done to give effect to
a recommendation referred to in
15 paragraph (a);
(c) any recommendation made under the Land
Conservation Act 1970 (whether or not
notice had been given of that
recommendation under section 10(3) of that
20 Act); and
(d) any act, matter or thing done to give effect to
a recommendation referred to in
paragraph (c).
(2) Any recommendation to which sub-section (1)(c)
25 applies may be amended or revoked by the
Governor in Council on the recommendation of
the Minister.
(3) Any recommendation to which sub-section (1)(a)
applies is deemed to be a recommendation of the
30 Council and this Act applies accordingly.
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Victorian Environmental Assessment Council Act 2000
s. 29
Act No.
29. Amendment of Land Conservation (Vehicle Control)
Act 1972
For section 2 of the Land Conservation (Vehicle
Control) Act 1972 substitute--
5 '2. Definition
In this Act--
"public land" means--
(a) any unalienated land of the
Crown, including land temporarily
10 or permanently reserved under the
Crown Land (Reserves) Act
1978;
(b) State forest within the meaning of
the Forests Act 1958;
15 (c) park, within the meaning of the
National Parks Act 1975;
(d) land under the ownership or
control of Melbourne Parks and
Waterways, established under the
20 Water Industry Act 1994;
(e) land vested in any public
authority, other than--
(i) a municipal council; or
(ii) an Authority under the
25 Water Act 1989, to the
extent that the land vested in
the Authority is within a
sewerage district listed in
column 3 of Schedule 12 of
30 that Act.'.
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Victorian Environmental Assessment Council Act 2000
Endnotes
Act No.
ENDNOTES
1
The index attached to this Act does not form part of this Act and is
provided for convenience of reference only.
By Authority. Government Printer for the State of Victoria.
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Victorian Environmental Assessment Council Act 2000
Act No.
INDEX
Subject Section
Act
amendments to other Acts 29
commencement 2
purpose and outline 1
repeals 27
saving of recommendations under other Acts 28
13
Community Reference Groups
Definitions
additional member 3
Council 3
investigation 3
member 3
request 3
specified period 17
specified time 22
Investigations
amendments of requests for 15, 16
business plans and budgets for 17
Community Reference Groups 13
discussion papers 15, 21, 22
draft proposals 15, 21, 22
extension of time 24
government response to recommendations 25
implementation of recommendations 26
matters to be taken into account 15, 18
notice of 20
recommendations 23, 2526
reports on 14, 23
requests by Minister for 1516
resources for 14, 17
role of departments and public authorities 19
submissions 15, 20, 21, 22, 23
withdrawal of requests for 15, 16
Victorian Environmental Assessment Council
additional members 8, 9, 10
chairperson 8, 10
committees 12
community reference groups established by 13
constitution and membership 8
establishment 4
functions 6
objectives 5
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Act No.
Subject Section
powers 7
proceedings 10
reports on operations 14
terms and conditions of office 9
validity of decisions 11
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