Water (Victorian Water Trust Advisory Council) Act 2003

i Water (Victorian Water Trust Advisory Council) Act 2003 Act No. 35/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. New Part 14A inserted 2 PART 14A—VICTORIAN WATER TRUST ADVISORY COUNCIL 2 305AA. Definition 2 305BB. Establishment of Victorian Water Trust Advisory Council 2 305CC. Functions of the Council 2 305DD. Powers of the Council 3 305EE. Constitution of the Council 3 305FF. Terms and conditions of appointment of members 4 305GG. Temporary vacancies 5 305HH. Meetings 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Water (Victorian Water Trust Advisory Council) Act 2003 † [Assented to 27 May 2003] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Water Act 1989 to establish an advisory council to be called the Victorian Water Trust Advisory Council. Victoria No. 35 of 2003 -- 2 of 7 -- Act No. 35/2003 Water (Victorian Water Trust Advisory Council) Act 2003 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 1 December 2003, it comes into operation on that day. 3. New Part 14A inserted After Part 14 of the Water Act 1989 insert— 'PART 14A—VICTORIAN WATER TRUST ADVISORY COUNCIL 305AA. Definition In this Part, "Council" means the Victorian Water Trust Advisory Council established in accordance with this Part. 305BB. Establishment of Victorian Water Trust Advisory Council There is established an advisory council to be called the Victorian Water Trust Advisory Council. 305CC. Functions of the Council The functions of the Council are— (a) to advise the Minister on the allocation of funds (from money appropriated by the Parliament for the purpose) for initiatives— (i) to enhance the health and sustainability of the water resources of Victoria, including rivers; (ii) to provide greater security for meeting the future water needs of Victorians; s. 2 See Act No. 80/1989. Reprint No. 6 as at 4 April 2002 and amending Act Nos 11/2002, 23/2002 and 48/2002. LawToday: www.dms. dpc.vic. gov.au -- 3 of 7 -- Act No. 35/2003 Water (Victorian Water Trust Advisory Council) Act 2003 3 (iii) to encourage the increased re-use and recycling of water in Victoria; (iv) to improve efficiencies in the use of water across Victoria; (b) to advise the Minister on additional sources of funding for initiatives referred to in paragraph (a); (c) to advise the Minister on any other related matter that the Minister may request; (d) to provide information to the public on procedures for applying for funding for initiatives referred to in paragraph (a); (e) to promote public awareness of the activities of the Council. 305DD. Powers of the Council The Council has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions. 305EE. Constitution of the Council (1) The Council shall consist of not more than 5 members and not fewer than 3 members appointed by the Minister. (2) In making an appointment under sub-section (1), the Minister must ensure that the members are chosen from persons who, in the opinion of the Minister, are experienced in the environment, sustainability, finance, water infrastructure, community service or another field appropriate to the functions of the Council. (3) The Minister must appoint a member of the Council to be Chairperson of the Council. s. 3 -- 4 of 7 -- Act No. 35/2003 Water (Victorian Water Trust Advisory Council) Act 2003 4 305FF. Terms and conditions of appointment of members (1) Each member must be appointed for the term, not exceeding 3 years, that is fixed by the Minister in the instrument of appointment but is eligible for re- appointment. (2) The Minister may in the instrument of appointment of a member specify the terms and conditions of appointment. (3) The Minister may at any time remove a member from office. (4) The office of a member becomes vacant— (a) if the member resigns his or her office by writing addressed and delivered to the Minister; (b) if the member is removed from office in accordance with sub-section (3); (c) if the member becomes an insolvent under administration within the meaning of the Corporations Act; (d) if the member becomes incapable of performing his or her duties; (e) if the member is absent from 3 consecutive meetings of the Council without permission of the Chairperson; (f) if the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence. (5) A member is entitled to be paid any remuneration and allowances fixed from time to time by the Minister. s. 3 -- 5 of 7 -- Act No. 35/2003 Water (Victorian Water Trust Advisory Council) Act 2003 5 (6) The Public Sector Management and Employment Act 1998 does not apply to a member of the Council in respect of the office of member. 305GG. Temporary vacancies (1) If the office of a member of the Council is vacant or a member of the Council is unable, whether because of illness or otherwise, to perform the duties of office of member, the Minister may appoint a person to act as a member while the office is vacant or during that period of inability. (2) A person appointed to act as a member of the Council has, while so acting, the rights, powers and duties of the member for whom he or she acts. (3) A person appointed to act as a member is entitled to receive any remuneration and allowances fixed for that member by the Minister. 305HH. Meetings (1) A majority of the members of the Council for the time being constitute a quorum of the Council. (2) The Minister may make guidelines about the proceedings of the Council. (3) Subject to this Act and any guidelines made under sub-section (2), the Council may regulate its own proceedings.'. ═══════════════ s. 3 -- 6 of 7 -- Act No. 35/2003 Water (Victorian Water Trust Advisory Council) Act 2003 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 April 2003 Legislative Council: 20 May 2003 The long title for the Bill for this Act was "to amend the Water Act 1989 to establish the Victorian Water Trust Advisory Council and for other purposes." Endnotes -- 7 of 7 --