Natural Resources Access Regulator Act 2017

This Act is the Natural Resources Access Regulator Act 2017.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

Board means the Board of the Regulator established under this Act.

enforcement powers, in relation to the natural resources management legislation, means any powers that may be exercised under that legislation in connection with the enforcement of that legislation, including—

powers that may be exercised for the purposes of determining whether there has been compliance with or a contravention of that legislation, or

the issuing of any notice, order or direction, or the imposition of any penalty or charge, under that legislation.

function includes a power, authority or duty, and exercise a function includes perform a duty.

natural resources management legislation means any of the following Acts and the regulations and other instruments made under those Acts—

this Act,

Water Management Act 2000,

Water Act 1912,

any other Act or part of an Act administered by a relevant Minister that is prescribed by the regulations.

Regulator means the Natural Resources Access Regulator constituted under this Act.

relevant Minister means any of the following—

the Minister for Primary Industries,

the Minister for Regional Water,

the Minister for Lands and Forestry.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Any regulation prescribing an Act or part of an Act for the purposes of the definition of natural resources management legislation may only be made with the concurrence of the relevant Minister administering that Act or part.

Notes included in this Act do not form part of this Act.

There is constituted by this Act a body corporate with the corporate name of the Natural Resources Access Regulator.

The Regulator is a NSW Government agency.

Note.

See section 13A of the Interpretation Act 1987 in relation to the status, privileges and immunities of statutory bodies declared to be NSW Government agencies.

The Regulator is not subject to the control and direction of the Minister except to the extent specifically provided for under this or any other Act.

There is to be a Board of the Regulator.

The Board is to consist of at least 3, but not more than 5, members appointed by the Minister.

The members of the Board are to be persons who together have experience and expertise in law, natural resources management, compliance and regulation and any other areas the Minister considers relevant.

The Board may establish committees to give advice and assistance to the Board in connection with any particular matter or function of the Board. It does not matter that some or all of the members of any committee are not members of the Board.

Schedule 1 contains provisions relating to the members and procedure of the Board.

Any decision relating to the functions of the Regulator is to be made by or under the authority of the Board.

Any act, matter or thing done in the name of, or on behalf of, the Regulator by or under the authority of the Board is taken to have been done by the Regulator.

The Minister may give the Regulator a written direction with respect to the functions of the Regulator if the Minister is satisfied that it is necessary to do so in the public interest.

A direction by the Minister may be of a general nature only and may not relate to a specific matter that is being considered or determined by the Regulator.

In particular, a direction by the Minister under this section may not be made in relation to the following—

the content of any advice or report given by the Regulator,

a decision by the Regulator to commence proceedings under the natural resources management legislation,

a determination by the Regulator about whether proceedings under the natural resources management legislation should be instituted by the Crown.

The Regulator must ensure that any direction given to it under this section is complied with.

Any direction given to the Regulator under this section is, as soon as practicable after it is given, to be published on the website of the Public Service agency in which persons are employed to enable the Regulator to exercise its functions. The Regulator must also include in its annual report particulars of each direction given under this section during the year to which the report relates.

The Chief Regulatory Officer of the Regulator is the person employed in the Public Service as the Chief Regulatory Officer.

The Chief Regulatory Officer—

is responsible for the day to day management of the activities of the Regulator, and

is to report to the Board on those activities.

The Chief Regulatory Officer is entitled to attend and to participate in discussions at meetings of the Board but is not entitled to vote at any such meeting.

Persons may be employed in the Public Service to enable the Regulator to exercise its functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Regulator makes use of) may be referred to as officers or employees, or members of staff, of the Regulator. Section 47A of the Constitution Act 1902 precludes the Regulator from employing staff.

The principal objectives of the Regulator are—

to ensure effective, efficient, transparent and accountable compliance and enforcement measures for the natural resources management legislation, and

to maintain public confidence in the enforcement of the natural resources management legislation.

The Regulator has the following functions—

to prepare strategies, policies and procedures relating to enforcement powers under the natural resources management legislation,

to advise and report to the Minister or any relevant Minister on any matter relating to the administration of the natural resources management legislation,

to provide the Minister or any relevant Minister with such other advice or reports as the Minister or relevant Minister may, by instrument in writing, request,

to commence and conduct proceedings for offences under, and contraventions of, the natural resources management legislation,

to publish details of convictions in prosecutions for offences under the natural resources management legislation,

such functions under the natural resources management legislation as are specified in Schedule 2,

any other functions conferred or imposed on the Regulator (including by way of delegation) by or under the natural resources management legislation or any other Act.

A function specified in Schedule 2 (a specified function) that is conferred on the Regulator by subsection (1) (e) may, despite that conferral, also be exercised by the person (the relevant person) on whom the function is conferred under the natural resources management legislation referred to in that Schedule.

The regulations may amend Schedule 2 by—

adding a function under the natural resources management legislation, or

amending or removing a specified function,

but only with the concurrence of the relevant Minister administering the natural resources management legislation (other than this Act) under which the function is conferred.

The regulations may make provision for dealing with matters that are incidental to or consequential on the conferral of a specified function on the Regulator.

In particular, the regulations may—

require a reference in the natural resources management legislation to the relevant person or any other person to be construed as (or as including) a reference to the Regulator, and

deal with matters arising in connection with the exercise of a specified function by both the Regulator and the relevant person.

If a person has a right to appeal against, or to apply for a review of, a decision of the relevant person in exercising a specified function, the right extends to any decision of the Regulator in exercising that function.

The Regulator determines whether the Crown should institute proceedings for offences under, or contraventions of, the natural resources management legislation.

(Repealed)

In this section, the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes any officer, employee or agent of the Crown.

Proceedings may not be challenged on the ground that they were instituted in contravention of this section.