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Tuesday, 13 May 1997
Page: 3253


Senator LEES (Deputy Leader of the Australian Democrats)(5.51 p.m.) —by leave—I move:

(1)   Clause 3, page 3 (after line 13), at the end of the clause, add:

.   The Natural Heritage Trust Advisory Committee is established.

(17)   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.

(22)   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.

These amendments relate to the Natural Heritage Trust Advisory Committee. Very briefly, looking at the time, all I will say is that these amendments set up an advisory committee of between five and nine persons to advise the ministerial board. At least five of these persons must have expertise in biodiversity conservation, land and/or water management, native vegetation sciences, river and/or wetland ecology, coastal and/or marine systems.

While these amendments are a long way short of our original amendment, we are pleased that the government has agreed to move in this direction and to provide a level of independent advice. We are sure that this will make the trust more accountable and more open and give greater general public confidence in what the trust is doing.