Commissioner for Sustainability and the Environment Act 1993

This Act is the Commissioner for Sustainability and the Environment Act 1993.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

The objects of this Act are to—

ensure regular and consistent reporting on matters relating to the condition and management of the environment in the Territory; and

ensure regular reporting on progress towards ecologically sustainable development by the Territory and territory authorities; and

encourage decision-making that facilitates ecologically sustainable development; and

enhance knowledge and understanding of issues relating to ecologically sustainable development and the environment; and

encourage sound environmental practices and procedures to be adopted by the Territory and territory authorities as a basis for ecologically sustainable development.

For this Act, an unincorporated body established under an enactment for the purpose of assisting, or exercising functions connected with, a prescribed authority is not taken to be a prescribed authority but action taken by the body, or by a person for the body, is taken to be action by the prescribed authority.

Examples—bodies

a board, council and committee

Note Body includes any group of people joined together for a common purpose (see Legislation Act, dict, pt 1).

For this Act, a person is not taken to be a prescribed authority only because the person holds or performs the duties of a specified office, but any action taken by or for the person is taken to have been taken by the agency or body concerned.

Note Agency includes a prescribed authority (see dictionary).

In this section:

specified office means—

an office the duties of which the person performs as employment duties as an officer of an agency; or

an office of a member of a body; or

an office established by an enactment for a prescribed authority; or

an office prescribed by regulation.

The Minister must appoint a person as the Commissioner for Sustainability and the Environment.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

The commissioner holds office on the terms not provided by this Act that are decided in writing.

Subject to this Act, the commissioner must not be appointed for a term of longer than 5 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

The Minister may grant leave of absence to the commissioner on the terms and conditions in relation to remuneration or otherwise as the Minister decides in writing.

The Executive may remove the commissioner from office on an address praying for the commissioner’s removal on the ground of misbehaviour or physical or mental incapacity being presented to the Executive by the Legislative Assembly.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

The Executive may suspend the commissioner from office on the ground of misbehaviour or physical or mental incapacity.

If the Executive suspends the commissioner from office, the Minister must present a statement of the grounds of the suspension to the Legislative Assembly within 7 sitting days after the day of the suspension.

If a statement under subsection (3) has been presented to the Legislative Assembly, the Legislative Assembly may, within 15 sitting days after the day the statement was presented to it, by resolution, declare that the commissioner should be removed from office and, if the Legislative Assembly passes the resolution, the Executive must remove the commissioner from office.

If, at the end of 15 sitting days after the day the statement was presented, the Legislative Assembly has not passed the resolution, the suspension ends.

The Executive must end the commissioner's appointment if the commissioner becomes bankrupt or personally insolvent.

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

The commissioner must not be removed or suspended from office except as provided by this section.

The suspension of the commissioner from office does not affect any entitlement of the commissioner to be paid remuneration and allowances.

The Minister may, in writing with the consent of the commissioner, retire the commissioner on the grounds of physical or mental incapacity from the date and on the terms and conditions the Minister decides.

The commissioner may delegate to a public servant the commissioner’s functions under this Act.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

The commissioner has the following functions:

investigating complaints about—

the management of the environment by the Territory or a territory authority; and

issues relating to ecologically sustainable development in the ACT;

conducting investigations as directed by the Minister;

conducting, on the commissioner’s own initiative, investigations into actions of an agency where those actions would have a substantial impact on the environment of the ACT;

preparing a state of the environment report for each reporting period.

Note 1 Function includes authority, duty and power (see Legislation Act, dict, pt 1).

Note 2 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

The commissioner is not authorised to investigate action taken by—

a judge or the associate judge; or

a magistrate or coroner for the ACT; or

a royal commission under the Royal Commissions Act 1991; or

a board of inquiry under the Inquiries Act 1991; or

a panel conducting an inquiry under the Planning Act 2023, division 6.3.9 (EIS inquiry panels); or

the ombudsman.

In this section:

associate judge means the Master of the Supreme Court under the Supreme Court Act 1933, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences.

Note The Courts Legislation Amendment Act 2023, s 23 omitted the Supreme Court Act 1933, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).

reporting period—see section 19 (7).