2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Shane Rattenbury)
Commissioner for the Environment Amendment Bill 2012

Contents
	Page
	
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Long title	2
	5	Section 1	2
	6	New section 2B	3
	7	Section 4 heading	3
	8	Section 4 (1)	4
	9	Functions
Section 12 (1) (a)	4
	10	Complaints
Section 13 (1) and note	4
	11	State of the environment report
Section 19 (1)	5
	12	Section 19 (2) (c)	5
	13	Section 19 (3)	6
	14	Section 19 (4)	7
	15	New section 19 (4A)	7
	16	Section 19 (7), new definitions	7
	17	New section 21 (2) to (5)	7
	18	Section 22	9
	19	Dictionary, note 2	9
	20	Dictionary, definition of commissioner	9
	21	Dictionary, new definition of ecologically sustainable development	10
	22	Dictionary, new definitions	10
Schedule 1	Consequential amendments	11
Part 1.1	Environment Protection Act 1997	11
Part 1.2	Legislation Act 2001	11
Part 1.3	Ombudsman Act 1989	11

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Shane Rattenbury)
Commissioner for the Environment Amendment Bill 2012

A Bill for
An Act to amend the Commissioner for the Environment Act 1993, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Commissioner for the Environment Amendment Act 2012.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Commissioner for the Environment Act 1993.
Note	This Act also amends the following legislation (see sch 1);
·	Environment Protection Act 1997
·	Legislation Act 2001
·	Ombudsman Act 1989.
4	Long title
omit
Commissioner for the Environment
substitute
commissioner for sustainability and the environment
5	Section 1
substitute
1	Name of Act
This Act is the Commissioner for Sustainability and the Environment Act 1993.
6	New section 2B
insert
2B	Objects of Act
The objects of this Act are to—
	(a)	ensure independent, regular and consistent reporting on matters relating to the condition of the environment of the ACT; and
	(b)	ensure regular and independent reporting on progress towards ecologically sustainable development by the Territory and territory authorities; and
	(c)	encourage decision-making that facilitates ecologically sustainable development; and
	(d)	enhance knowledge and understanding of issues relating to ecologically sustainable development and the environment; and
	(e)	encourage sound environmental practices and procedures to be adopted by the Territory and territory authorities as a basis for ecologically sustainable development; and
	(f)	enable independent evaluation of programs and policies of the Territory and territory authorities relating to the environment and sustainability.
7	Section 4 heading
substitute
4	Commissioner for Sustainability and the Environment
8	Section 4 (1)
omit
Commissioner for the Environment
substitute
Commissioner for Sustainability and the Environment
9	Functions
Section 12 (1) (a)
substitute
	(a)	investigating complaints about—
	(i)	the management of the environment of the ACT by the Territory or a territory authority; and
	(ii)	issues relating to ecologically sustainable development in the ACT;
10	Complaints
Section 13 (1) and note
substitute
	(1)	A person may make a complaint to the commissioner about the following:
	(a)	the management of the environment of the ACT by the Territory or a territory authority; 
	(b)	issues relating to ecologically sustainable development in the ACT.
Note	If a form is approved under s 28 for this provision, the form must be used.
11	State of the environment report
Section 19 (1)
substitute
	(1)	The commissioner must prepare a state of the environment report for each reporting period.
	(1A)	The report must be prepared by the reporting day for the period.
12	Section 19 (2) (c)
substitute
	(c)	an assessment of the sustainability of the following:
	(i)	the energy, water and other resources used by the Territory and territory authorities;
	(ii)	the waste produced and recycling undertaken by the Territory and territory authorities;
	(iii)	the impact of the resources used by the Territory and territory authorities on biodiversity in the ACT; and
	(d)	an evaluation of the extent to which the Territory and territory authorities operate in a carbon neutral manner; and
	(e)	an assessment of the extent to which the Territory and territory authorities use sustainability decision-making tools in making decisions and developing policy; and
	(f)	an assessment of the extent to which the ACT community has made progress towards sustainability goals, including goals set in strategic plans published by the ACT government.
Example—strategic plan
The Canberra Plan
Note	An example is part of the Act is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(g)	any other matters, whether or not occurring within the triennium to which the report relates, that—
	(i)	the Minister states in written notice given to the commissioner; or
	(ii)	the commissioner considers relevant.
13	Section 19 (3)
substitute
	(3)	If the Legislative Assembly is sitting on the reporting day—
	(a)	the commissioner must give the report to the Speaker; and
	(b)	the Speaker must present the report to the Legislative Assembly on the next sitting day.
	(3A)	If the Legislative Assembly is not sitting on the reporting day—
	(a)	the commissioner must give the report, and a copy for each member of the Legislative Assembly, to the Speaker; and
	(b)	the report is taken for all purposes to have been presented to the Legislative Assembly on the reporting day; and
	(c)	publication of the report is taken to have been ordered by the Legislative Assembly on the reporting day; and
	(d)	the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the reporting day; and
	(e)	the Speaker may give directions for the printing and circulation, and in relation to the publication, of the report; and
	(f)	despite paragraph (b), the Speaker must present the report to the Legislative Assembly on the next sitting day.
14	Section 19 (4)
omit
within 12 months after the day the Minister presents a state of the environment report to the Legislative Assembly under section 22
substitute
within 12 months after a report is presented to the Legislative Assembly under this section
15	New section 19 (4A)
insert
	(4A)	Within 15 sitting days after receiving a recommendation under section 19 (4) the Minister must present the recommendation to the Legislative Assembly.
16	Section 19 (7), new definitions
insert
Speaker, for a report given to the Deputy Speaker or clerk under section 22 (Reports to be given to Speaker), means the Deputy Speaker or clerk.
sustainability decision-making tool includes triple bottom line reporting, sustainability assessment, climate change impact assessment and strategic environmental assessment.
17	New section 21 (2) to (5)
insert
	(2)	If the Legislative Assembly is sitting when the report is given to the Minister, the Minister must present the report to the Legislative Assembly on the next sitting day.
	(3)	If the Legislative Assembly is not sitting when the report is given to the Minister—
	(a)	the Minister must give the report, and a copy for each member of the Legislative Assembly, to the Speaker; and
	(b)	the report is taken for all purposes to have been presented to the Legislative Assembly on the reporting day; and
	(c)	publication of the report is taken to have been ordered by the Legislative Assembly on the reporting day; and
	(d)	the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the reporting day; and
	(e)	the Speaker may give directions for the printing and circulation, and in relation to the publication, of the report; and
	(f)	despite paragraph (b), the Speaker must present the report to the Legislative Assembly on the next sitting day.
	(4)	Within 6 months after the day a report is presented to the Legislative Assembly, the Minister must present to the Legislative Assembly a statement that sets out the response of the government to the report.
	(5)	In this section:  
Speaker, for a report given to the Deputy Speaker or clerk under section 22 (Reports to be given to Speaker), means the Deputy Speaker or clerk.
18	Section 22
substitute
22	Reports to be given to Speaker
	(1)	A report required by this Act to be given to the Speaker must—
	(a)	if the Speaker is unavailable—be given to the Deputy Speaker; or
	(b)	if both the Speaker and Deputy Speaker are unavailable—be given to the clerk of the Legislative Assembly.
	(2)	For subsection (1), the Speaker or Deputy Speaker is unavailable if—
	(a)	he or she is absent from duty; or
	(b)	there is a vacancy in the office.
22A	Minister to respond to report
Within 6 months after a report under section 19 (State of the environment report) is presented to the Legislative Assembly, the Minister must present to the Legislative Assembly a statement that sets out the government’s response to the report.  
19	Dictionary, note 2
insert
·	Speaker
·	the Territory
·	territory authority
20	Dictionary, definition of commissioner
substitute
commissioner means the Commissioner for Sustainability and the Environment appointed under section 4. 
21	Dictionary, new definition of ecologically sustainable development 
insert
ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles:
	(a)	the precautionary principle;
	(b)	the inter-generational equity principle;
	(c)	conservation of biological diversity and ecological integrity;
	(d)	improved valuation and pricing of environmental resources.
22	Dictionary, new definitions
insert
the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Environment Protection Act 1997
[1.1]	Section 2 (1) (k)
omit
commissioner for the environment
substitute
commissioner for sustainability and the environment
Part 1.2	Legislation Act 2001
[1.2]	Dictionary, part 1, definition of commissioner for the environment
substitute
commissioner for sustainability and the environment means the Commissioner for Sustainability and the Environment under the Commissioner for Sustainability and the Environment Act 1993.
Part 1.3	Ombudsman Act 1989
[1.3]	Section 5 (2) (g)
omit
commissioner for the environment
substitute
commissioner for sustainability and the environment
[1.4]	Section 6B (1) (a)
omit
commissioner for the environment
substitute
commissioner for sustainability and the environment
[1.5]	Dictionary, definition of prescribed authority, paragraph (c)
omit
commissioner for the environment
substitute
commissioner for sustainability and the environment

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 15 February 2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012