Natural Resources Commission Act 2003

This Act is the Natural Resources Commission Act 2003.

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

The object of this Act is to establish an independent body with broad investigating and reporting functions for the purposes of establishing a sound evidence basis for the properly informed management of natural resources in the social, economic and environmental interests of the State.

In this Act—

Assistant Commissioner means an Assistant Commissioner for the Natural Resources Commission.

Commission means the Natural Resources Commission established under Part 2.

Commissioner means the Commissioner for the Natural Resources Commission.

exercise a function includes perform a duty.

function includes a power, authority or duty.

government agency means any public or local authority, and includes—

a Public Service agency, State owned corporation and council of a local government area, and

the head of a government agency.

natural resource management—see section 5.

Note—

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

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

For the purposes of this Act, natural resource management extends to the following matters relating to the management of natural resources—

water,

native vegetation,

salinity,

soil,

biodiversity,

coastal protection,

marine environment (except a matter arising under the Fisheries Management Act 1994),

forestry,

any other matter concerning natural resources prescribed by the regulations.

There is established by this Act a Natural Resources Commission. The Commission is a body corporate.

The functions of the Commission are exerciseable by the Commissioner, and any act, matter or thing done in the name of, or on behalf of, the Commission by the Commissioner, or with the authority of the Commissioner, is taken to have been done by the Commission.

The Governor may appoint a Commissioner for the Natural Resources Commission.

The Commissioner has the functions conferred or imposed on the Commissioner by or under this or any other Act.

The Commissioner may, with the concurrence of the Minister, appoint Assistant Commissioners for the Natural Resources Commission.

An Assistant Commissioner has the functions conferred or imposed on the Assistant Commissioner by or under this or any other Act.

An Assistant Commissioner is to assist the Commissioner, as the Commissioner requires.

Schedule 1 has effect with respect to the Commissioner and an Assistant Commissioner.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commission to exercise its functions.

Note—

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

The Commission is not subject to Ministerial control in respect of the preparation and contents of any advice or recommendation of the Commission, but in other respects is subject to the control and direction of the Minister.

The Minister may delegate any of the Minister’s functions under this Act (other than this power of delegation) to another Minister.

The Commission has the general function of providing the Government with independent advice on natural resource management.

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