Bill returned from the Senate with amendments.

Ordered that the amendments be taken into consideration forthwith.

Senate's amendments—

(1)   Preamble, page 1 (line 6), omit "decline in Australia's natural environment", substitute "current decline, and to prevent further decline, in the quality of Australia's natural environment".

(2)   Preamble, page 2 (after line 2), after "resources.", insert:

   There is a need for the Commonwealth to provide national leadership and work in partnership with all levels of government and the whole community, recognising, among other things, that many environmental issues and problems are not limited by State and Territory borders.

(3)   Preamble, page 2 (line 4), omit "and sustainable development", substitute ", sustainable agriculture and natural resources management consistent with the principles of ecologically sustainable development".

(4)   Preamble, page 2 (lines 5 to 7), omit the paragraph.

(5)   Preamble, page 2 (after line 9), after "matters.", insert:

   The Commonwealth Government should work cooperatively with State governments to achieve effective outcomes in matters relating to environmental protection, natural resources management and sustainable agriculture. Those cooperative working relationships should involve entering into inter-governmental agreements which reflect the support of the States for the purposes of the Natural Heritage Trust of Australia Reserve and promote the       development of complementary policies and programs.

(6)   Preamble, page 2 (lines 10 to 12), omit the paragraph, substitute:

   Australia's rural community should have a key role in the ecologically sustainable management of Australia's natural resources.

(7)   Preamble, page 2 (lines 13 and 14), omit "Australia's natural environment is central to Australia's well-being and to Australia's future economic prosperity.", substitute "Australia's natural environment is central to Australia's and Australians' health and non-material well-being and to Australia's present and future economic prosperity.".

(8)   Clause 3, page 3 (line 10), after "to", insert "conserve,".

(9)   Clause 3, page 3 (after line 13), at the end of the outline, add:

(10)   Clause 9, page 6 (line 25), after "Telstra ", insert "and interest earned from the Trust ".

(11)   Clause 9, page 7 (lines 7 to 10), omit the note, substitute:

   (2)   Money in the Reserve that represents interest earned by the Trust may be debited for any purpose of the Reserve.

(12)   Clause 12, page 8 (line 1), after "indirect", insert "causes and".

(13)   Clause 12, page 8 (line 2), omit "on Australia's economy and".

(14)   Clause 12, page 8 (line 3), at the end of paragraph (a), add "and to estimate the effects of land and water degradation on Australia's economy".

(15)   Clause 14, page 8 (lines 17 and 18), omit paragraph (c), substitute:

   (c)   to ameliorate threats to Australia's marine biodiversity;

(16)   Clause 19, page 10 (lines 25 to 28), omit subclause (3), substitute:

(3)   An agreement under subsection (2) may be entered into:

   (a)   by either of the following Ministers on behalf of the Commonwealth:

      (i)   the Minister;

      (ii)   the Minister for Primary Industries and Energy; or

   (b)   jointly by both of the following Ministers on behalf of the Commonwealth:

      (i)   the Minister;

      (ii)   the Minister for Primary Industries and Energy.

(17)   Clause 19, page 10 (after line 28), after subclause (3), insert:

   (3A)   An agreement under subsection (2) may establish a framework under which the Commonwealth and the State are to work cooperatively to achieve both common and complementary outcomes in relation to:

      (a)   environmental protection; and

      (b)   natural resources management; and

      (c)   sustainable agriculture.

   (3B)   Subsection (3A) does not limit subsection (2).

(18)   Clause 20, page 11 (lines 12 to 15), omit subclause (3), substitute:

   (3)   An agreement under subsection (2) may be entered into:

      (a)   by either of the following Ministers on behalf of the Commonwealth:

         (i)   the Minister;

         (ii)   the Minister for Primary Industries and Energy; or

      (b)   jointly by both of the following Ministers on behalf of the Commonwealth:

         (i)   the Minister;

         (ii)   the Minister for Primary Industries and Energy.

(19)   Page 15 (after line 9), after Part 4, insert:

Part 4A—Natural Heritage Trust Advisory Committee

   29A    Establishment of Committee

   (1)   There is to be a Natural Heritage Trust Advisory Committee, which is to consist of the following members:

      (a)   a Chairman;

      (b)   not more than 9, but not fewer than 5, other members.

   (2)   Among the persons appointed as Committee members, there are to be at least 5 persons who appear to the Natural Heritage Ministerial Board to have knowledge of, or experience in, one or more of the following fields:

      (a)   biodiversity conservation;

      (b)   land and/or water management;

      (c)   native vegetation sciences;

      (d)   river and/or wetland ecology;

      (e)   coastal and/or marine systems.

29B Functions of Committee

   The functions of the Committee are as follows:

      (a)   to advise the Natural Heritage Ministerial Board about the integration of the objectives of environmental protection, natural resources management and sustainable agriculture;

      (b)   to advise the Natural Heritage Ministerial Board about the effectiveness of agreements entered into under subsection 19(2) in achieving integrated outcomes for the operations of the Reserve;

      (c)   when requested by the Natural Heritage Ministerial Board to do so—to advise the Natural Heritage Ministerial Board about other matters.

29C Appointment of Committee members

   (1)   The Committee members are to be appointed by the Natural Heritage Ministerial Board by written instrument.

   (2)   A Committee member is to be appointed for the period specified in the instrument of appointment. The period must not exceed 3 years.

   (3)   A Committee member holds office on a part-time basis.

   (4)   The performance of the functions of the Committee is not affected only because of there being a vacancy or vacancies in the membership of the Committee.

29D Procedures

   The Natural Heritage Ministerial Board may give the Committee written directions as to:

      (a)   the way in which the Committee is to carry out its functions; and

      (b)   procedures to be followed in relation to meetings.

29E Disclosure of interests

   (1)   A Committee member who has a material personal interest in a matter being considered by the Committee must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the Committee.

   (2)   A disclosure must be recorded in the minutes of the meeting and the Committee member must not, unless the Natural Heritage Ministerial Board otherwise determines:

      (a)   be present during any deliberation by the Committee about that matter; or

      (b)   take part in any decision of the Committee relating to that matter.

29F Remuneration and allowances

   (1)   A Committee member is to be paid such remuneration as is determined by the Remuneration Tribunal.

   (2)   If no determination of that remuneration is in operation, a Committee member is to be paid such remuneration as is prescribed.

   (3)   A Committee member is to be paid such allowances as are prescribed.

   (4)   This section has effect subject to the Remuneration Tribunal Act 1973.

29G Leave of absence

   The Natural Heritage Ministerial Board or the Chairman may grant leave to a Committee member to be absent from a meeting or meetings of the Committee.

29H Resignation

   A Committee member may resign by writing signed by the Committee member and sent to the Natural Heritage Ministerial Board.

29J Termination of appointment

   (1)   The Natural Heritage Ministerial Board may terminate the appointment of a Committee member if the Natural Heritage Ministerial Board is of the opinion that the performance of the Committee member has been unsatisfactory for a significant period of time.

   (2)   The Natural Heritage Ministerial Board may terminate the appointment of all of the Committee members if the Natural Heritage Ministerial Board is of the opinion that the performance of the Committee has been unsatisfactory for a significant period of time.

   (3)   The Natural Heritage Ministerial Board may terminate the appointment of a Committee member because of misbehaviour or physical or mental incapacity.

   (4)   If:

      (a)   a Committee member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

      (b)   a Committee member is absent, except on leave of absence, from 3 consecutive meetings of the Committee; or

      (c)   a Committee member fails, without reasonable excuse, to comply with section 29E;

      the Natural Heritage Ministerial Board may terminate the appointment of the Committee member.

29K Other terms and conditions

   A Committee member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Natural Heritage Ministerial Board.

(20)   Clause 30, page 16 (line 4), omit "Natural Heritage Board", substitute "Natural Heritage Ministerial Board".

Note:   The heading to clause 30 (page 16, line 3) is replaced by the heading "Natural Heritage Ministerial Board ".

(21)   Clause 30, page 16 (line 7), omit "Natural Heritage Board", substitute "Natural Heritage Ministerial Board".

(22)   Clause 30, page 16 (after line 11), at the end of subclause (2), add:

   ; (c)   to monitor the effectiveness of the administration of this Act in achieving:

      (i)   the primary objective of the National Vegetation Initiative; and

      (ii)   the primary objective of the Murray-Darling 2001 Project; and

      (iii)   the primary objectives of the National Land and Water Resources Audit; and

      (iv)   the primary objective of the National Reserve System; and

      (v)   the primary objectives of the Coasts and Clean Seas Initiative; and

      (vi)   environmental protection; and

      (vii)   sustainable agriculture; and

      (viii)   natural resources management.

(23)   Clause 31, page 16 (line 23), omit "Natural Heritage Board", substitute "Natural Heritage Ministerial Board".

(24)   Clause 31, page 16 (line 27), omit "Natural Heritage Board", substitute "Natural Heritage Ministerial Board".

(25)   Clause 31, page 17 (lines 1 and 2), omit "Natural Heritage Board", substitute "Natural Heritage Ministerial Board".

(26)   Clause 31, page 17 (line 4), omit "Natural Heritage Board", substitute "Natural Heritage Ministerial Board".

(27)   Clause 33, page 18 (line 10), at the end of subclause (1), add:

   ; and   (d)   a report on the effectiveness of the administration of this Act during the financial year ended on that date in achieving the outcomes sought in agreements entered into under subsection 19(2).

(28)   Clause 37, page 21 (after line 2), at the end of the clause, add:

   (2)   If:

      (a)   an advertisement solicits gifts or bequests for the purposes of the Reserve; and

      (b)   the advertisement is authorised by the Commonwealth;

      the advertisement must include a statement to the effect that the proceeds of the gift or bequest will be applied to a government program.

Note:   The heading to clause 37 (page 20, line 25) is altered by omitting "Commonwealth not to accept conditional " and substituting "Acceptance of ".

(29)   Clause 44, page 23 (after line 26), after the definition of Australia , insert:

Committee means the Natural Heritage Trust Advisory Committee established by section 29A.

Committee member means a member of the Committee.

(30)   Clause 44, page 24 (lines 8 and 9), omit the definition of Natural Heritage Board , substitute:

Natural Heritage Ministerial Board means the Natural Heritage Ministerial Board established by section 30.

(31)   Clause 44, page 25 (line 4), after "includes", insert "reduction of use,".