Clean Coal Administration Act 2008

This Act is the Coal Innovation Administration Act 2008.

This Act commences on the date of assent to this Act.

In this Act—

CINSW means Coal Innovation NSW established by this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

low emissions coal technologies means technologies for facilitating reduction of greenhouse gas emissions from the extraction, preparation or use of coal.

Minerals Council means the New South Wales Minerals Council Limited (ACN 002 500 316).

the Fund means the Coal Innovation NSW Fund established by this Act.

There is to be established in the Special Deposits Account a fund called the Coal Innovation NSW Fund.

The Fund is to be administered by the Minister.

The purposes of the Fund are as follows—

to provide funding for research into, and development of, low emissions coal technologies,

to provide funding to demonstrate low emissions coal technologies,

to provide funding to increase public awareness and acceptance of the importance of reducing greenhouse gas emissions through the use of low emissions coal technologies,

to provide funding for the commercialisation of low emissions coal technologies.

There is payable into the Fund—

all money advanced by the Treasurer for the Fund, and

all money appropriated by Parliament for the purposes of the Fund, and

the proceeds of the investment of money in the Fund, and

all money directed or authorised to be paid into the Fund by or under this or any other Act or law, and

all money received from voluntary contributions to the Fund made by any person or body.

A voluntary contribution to the Fund may be made on the condition that the contribution is to be used only for a specified purpose.

There is payable from the Fund—

payments approved by the Minister for the purposes of the Fund, and

administrative expenses incurred in relation to the Fund or CINSW, and

payments directed or authorised to be paid from the Fund by or under this or any other Act or law.

Any money paid into the Fund on the condition that it is to be used only for a specified purpose, including any proceeds of the investment of that money in the Fund, is only payable from the Fund for the specified purpose and a proportionate share of the administrative expenses payable from the Fund.

The Minister is to produce an annual report detailing fund allocations and the projects and other activities that received funding under this Act during the year.

The annual report is to include an evaluation of the effectiveness of each of the projects and other activities that received funding under this Act.

The annual report is to be tabled in each House of Parliament within 6 months after the end of the financial year to which it relates.

The Minister is to publish each annual report, so as to promote low emissions coal technologies to the NSW public.

The Minister may invest money in the Fund—

if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Minister is permitted to invest money under that Part, or

if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Treasurer.

There is established by this Act Coal Innovation NSW.

CINSW is to consist of the following members appointed by the Minister—

an independent person appointed by the Minister to be the Chairperson of CINSW,

2 persons, each of whom is employed in or by a government agency,

2 persons who are nominated jointly by the Australian Coal Association and the Minerals Council to represent the New South Wales black coal industry,

such other persons (up to a maximum of 4) as the Minister may appoint from time to time, being persons whom the Minister considers have qualifications or experience relevant to the functions of CINSW.

If either or both of the nominations required for the purposes of subsection (1) (c) are not made within such time or in such manner as may be specified by the Minister by notice to the Australian Coal Association and the Minerals Council, the Minister may appoint any person or persons so that 2 members are appointed to represent the New South Wales black coal industry.

Schedule 1 contains provisions relating to members of CINSW.

The functions of CINSW are as follows—

to give advice and make recommendations to the Minister concerning the funding from the Fund of projects and other activities for the purposes of the Fund, including advice about priorities for funding and recommendations concerning applications for funding,

to advise the Minister on policies to encourage the development and implementation of low emissions coal technologies,

to make recommendations to the Minister concerning opportunities for involvement by private and public sector entities in interstate, national and international research projects involving low emissions coal technologies,

to advise the Minister on such other matters concerning low emissions coal technologies as the Minister may refer to CINSW,

such other functions with respect to low emissions coal technologies as the Minister may from time to time direct.

CINSW may give its advice and make its recommendations either at the request of the Minister or without any such request.

CINSW has such other functions as are conferred or imposed on it by or under this or any other Act.

CINSW may do all things that are necessary or convenient to be done for or in connection with the exercise of its functions, and, in particular, may—

consult with appropriate persons and bodies, and

undertake or commission research, and

obtain technical or professional advice, and

provide information to the public, and

consult with relevant international, Commonwealth, State and Territory bodies, and

issue guidelines relating to the required form and content of applications for funding from the Fund.