Commissioner for Environmental Sustainability Act 2003

i Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 TABLE OF PROVISIONS Section 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 ═══════════════ -- 1 of 21 -- Section Page ii ENDNOTES 19 -- 2 of 21 -- 1 Commissioner for Environmental Sustainability Act 2003 † [Assented to 13 May 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 of the Commissioner for Environmental Sustainability. Victoria No. 15 of 2003 -- 3 of 21 -- Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 2 (2) In outline this Act— • provides for the appointment of the Commissioner for Environmental Sustainability and an Acting Commissioner 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 Sustainability; • provides for the staffing and operation of the office of the Commissioner for Environmental Sustainability; • provides for the preparation of a periodical Report on the State of the Environment of Victoria; • provides for annual reporting on the implementation of environmental management systems; • requires the Commissioner for Environmental Sustainability to make reports and information available publicly and on the Internet. (3) Sub-section (2) is intended only as a guide to 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. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. s. 2 -- 4 of 21 -- Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 3 (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 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 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 Management and Employment Act 1998; "Agency" means— (a) a Department; or (b) an Administrative Office; "Agency Head" means— (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 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; "Department Head" means a Department Head under section 12 of the Public Sector Management and Employment Act 1998; s. 3 -- 5 of 21 -- Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 4 "ecologically sustainable development" means the concept set out in section 4; "environmental management system" means the organisational structure, policies, practices, processes and procedures for implementing environmental management, including systems for designating responsibility for and allocating resources to, environmental management; "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 authority; "Report on the State of the Environment of Victoria" means the report prepared under section 17. 4. What is ecologically sustainable development? (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. (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 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- support systems. s. 4 -- 6 of 21 -- Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 5 (3) The following are to be considered as guiding principles of ecologically sustainable development— (a) that decision making processes should 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 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 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 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; (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 Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. __________________ s. 5 -- 7 of 21 -- Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 6 PART 2—THE COMMISSIONER FOR ENVIRONMENTAL SUSTAINABILITY 6. The Commissioner (1) The Governor in Council may appoint an officer 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. (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 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 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 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 Council. s. 6 -- 8 of 21 -- Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 7 (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 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 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 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 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 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 sustainable development. s. 7 -- 9 of 21 -- Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 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; (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 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; (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. 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 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 public authority Heads for assistance and the provision of information for the purposes of this Act; s. 8 -- 10 of 21 -- Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 9 (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 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. 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 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 of Victoria; (c) that decision making should focus on developing solutions and achieving improvements; (d) the need to ensure impartiality, openness, 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. (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. s. 10 -- 11 of 21 -- Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 10 (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 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 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 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) 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 terms and conditions of appointment of a person acting in the office of Commissioner; and (b) may terminate such an appointment at any time. (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— s. 11 -- 12 of 21 -- Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 11 (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— 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 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 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 (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 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 staff of an Agency or public authority. s. 12 -- 13 of 21 -- Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 12 13. Consultants (1) The Commissioner may engage persons with suitable qualifications and experience as consultants. (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 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 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 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, the Commissioner must consult with— (a) the Minister; and (b) the Department Head of the Department responsible for administering the Commissioner's budget. s. 13 -- 14 of 21 -- Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 13 (4) The Commissioner must operate in accordance with— (a) the business plan and budget as approved by the Minister; or (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, 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 report of operations under Part 7 of the Financial Management Act 1994. __________________ s. 16 -- 15 of 21 -- Part 3—Reports Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 14 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 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. (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. (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 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 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 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 s. 17 -- 16 of 21 -- Part 3—Reports Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 15 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 (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. (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 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 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 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 10 sitting days of that House after the report on environmental management systems has been given to the Minister. s. 18 -- 17 of 21 -- Part 3—Reports Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 16 19. Consultation The Commissioner must in preparing a report under this Part consult with any Agency or public authority in relation to factual information 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 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 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 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 Environment of Victoria; (v) a report on environmental management systems; and (b) any document containing statements and guidelines under section 20. s. 19 -- 18 of 21 -- Part 3—Reports Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 17 (2) The Commissioner must ensure that copies of documents to which this section applies are— (a) publicly available; and (b) published on the Internet. __________________ s. 21 -- 19 of 21 -- Part 4—Consequential Amendments Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 18 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 insert— "(ga) the Commissioner in relation to the office of the Commissioner under the Commissioner for Environmental Sustainability Act 2003;". ═══════════════ s. 22 -- 20 of 21 -- Commissioner for Environmental Sustainability Act 2003 Act No. 15/2003 19 ENDNOTES † Minister's second reading speech— Legislative Assembly: 27 February 2003 Legislative Council: 8 April 2003 The long title for the Bill for this Act was "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." Endnotes -- 21 of 21 --