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Great Barrier Reef Marine Park Amendment Bill 2007

Schedule 1 Amendments

   

Great Barrier Reef Marine Park Act 1975

1  Subsection 3(1) (definition of Committee )

Repeal the definition.

2  Subsection 3(1)

Insert:

Great Barrier Reef World Heritage Area means the area described in Schedule 1.

3  Paragraph 7(1)(cb)

Omit “for payment to the Authority”.

4  Subsection 7(3)

Repeal the subsection.

5  Paragraph 8(1)(a)

Repeal the paragraph, substitute:

                     (a)  subject to this section, enter into contracts, agreements, arrangements or understandings; and

6  At the end of paragraph 8(1)(b)

Add “and”.

7  Paragraph 8(1)(c)

Before “acquire”, insert “subject to this section,”.

8  At the end of paragraph 8(1)(c)

Add “and”.

9  Paragraph 8(1)(d)

Repeal the paragraph.

10  Subsection 8(2)

Repeal the subsection.

11  At the end of section 8

Add:

             (4)  Any contract, agreement, arrangement or understanding entered into by the Authority is to be entered into on behalf of the Commonwealth.

             (5)  Any real or personal property held by the Authority is held for and on behalf of the Commonwealth.

             (6)  Any money received by the Authority is received for and on behalf of the Commonwealth.

             (7)  The Authority cannot hold real or personal property or money on trust.

Note:          The Commonwealth may hold real or personal property or money on trust.

             (8)  To avoid doubt, a right to sue is taken not to be personal property for the purposes of subsection (5).

12  At the end of Part II

Add:

8A   The Authority’s liabilities are Commonwealth liabilities

             (1)  Any financial liabilities of the Authority are taken to be liabilities of the Commonwealth.

             (2)  In this section:

financial liability means a liability to pay a person an amount where the amount, or the method for working out the amount, has been determined.

8B   Chairperson not subject to direction by the Authority on certain matters

                   The Chairperson is not subject to direction by the Authority in relation to the Chairperson’s performance of functions, or exercise of powers, under:

                     (a)  the Financial Management and Accountability Act 1997 ; or

                     (b)  the Public Service Act 1999;

in relation to the Authority.

13  Subsection 9(1) (note)

Repeal the note.

14  Paragraphs 10(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  at least 2, but no more than 4, other members.

15  Paragraph 16(2)(e)

Repeal the paragraph, substitute:

                     (e)  fails, without reasonable excuse, to comply with section 16A or 16B;

16  Section 16A

Repeal the section, substitute:

16A   Disclosure of interests to the Minister

                   A member must give written notice to the Minister of all material personal interests that the member has or acquires and that could conflict with the proper performance of the member’s functions.

16B   Disclosure of interests to the Authority

             (1)  A member who has a material personal interest in a matter being considered or about to be considered by the Authority must disclose the nature of the interest to a meeting of the Authority.

             (2)  The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.

             (3)  The disclosure must be recorded in the minutes of the meeting of the Authority.

             (4)  Unless the Authority otherwise determines, the member:

                     (a)  must not be present during any deliberation by the Authority on the matter; and

                     (b)  must not take part in any decision of the Authority with respect to the matter.

             (5)  For the purposes of making a determination under subsection (4), the member:

                     (a)  must not be present during any deliberation of the Authority for the purpose of making the determination; and

                     (b)  must not take part in making the determination.

             (6)  A determination under subsection (4) must be recorded in the minutes of the meeting of the Authority.

17  Part IV

Repeal the Part.

18  At the end of paragraph 32(2)(a)

Add “and”.

19  Paragraph 32(2)(b)

Omit “1 month”, substitute “3 months”.

20  At the end of subsection 32(2)

Add:

             ; and (d)  specify that the following are publicly available and how a copy may be obtained:

                              (i)  principles approved under section 34;

                             (ii)  a statement prepared under subsection 35(1).

21  After subsection 32(6)

Insert:

          (6A)  The Authority must, in preparing the plan, have regard to the principles approved under section 34 in relation to the preparation of the plan.

22  At the end of paragraph 32(8)(a)

Add “and”.

23  Paragraph 32(8)(b)

Omit “1 month”, substitute “3 months”.

24  At the end of paragraph 32(8)(b)

Add “and”.

25  At the end of subsection 32(8)

Add:

             ; and (e)  specify that a statement prepared under subsection 35(2) is publicly available and how a copy may be obtained.

26  At the end of section 33

Add:

             (7)  Within the period of 60 days beginning on the day the notice under subsection (5) is published in the Gazette , the Authority must make publicly available a report that contains a statement of how the Authority, in preparing the plan, had regard to the principles approved under section 34 in relation to the plan.

Note:       The heading to section 33 is altered by adding at the end “ etc. ”.

27  After section 33

Insert:

34   Operational principles

             (1)  Before preparing a zoning plan in respect of an area, the Authority must, by writing, determine principles relating to the preparation of the proposed plan.

             (2)  The principles must cover the environmental, economic and social objectives of the proposed plan. The principles may cover other matters.

             (3)  The Authority must give the principles to the Minister for his or her approval.

             (4)  The Minister must:

                     (a)  approve the principles; or

                     (b)  refer the principles to the Authority, together with the Minister’s suggestions, for further consideration.

Process after principles are referred to the Authority

             (5)  If the principles are referred to the Authority, it must, as soon as practicable after the referral, give further consideration to the principles, having regard to the Minister’s suggestions.

             (6)  The Authority must again give the principles, with or without alterations, to the Minister, together with its comments on the Minister’s suggestions.

             (7)  If the principles are again given to the Minister, he or she must, as soon as practicable after receiving them:

                     (a)  approve them; or

                     (b)  approve them after making such alterations as the Minister thinks fit.

             (8)  If the Minister alters the principles under subsection (7), the Minister must prepare a report:

                     (a)  specifying the alterations; and

                     (b)  setting out any views expressed by the Authority in respect of the matters to which the alterations relate.

             (9)  The report must accompany the plan when it is laid before both Houses of the Parliament under section 33.

Principles to be publicly available

           (10)  The Authority must make the principles publicly available.

Principles are not a legislative instrument

           (11)  The principles are not a legislative instrument.

35   Environmental, economic and social assessments

             (1)  Before preparing a zoning plan in respect of an area, the Authority must, by writing, prepare a statement of the environmental, economic and social values of the area.

             (2)  After preparing a zoning plan in respect of an area, the Authority must, by writing, prepare a statement covering the expected environmental, economic and social effects of the plan.

             (3)  The Authority must make a statement prepared under this section publicly available.

             (4)  A statement prepared under this section is not a legislative instrument.

28  Section 37

Repeal the section, substitute:

37   Amendment or revocation of zoning plan—substantive changes

Amendment of zoning plan

             (1)  The Authority may amend a zoning plan (other than to correct typographical errors) in respect of an area only if:

                     (a)  the plan has been in operation for at least 7 years; or

                     (b)  if the plan has been previously amended under this section—the most recent of those amendments has been in operation for at least 7 years.

Note:          Section 37A deals with the amendment of a zoning plan to correct typographical errors.

             (2)  The Authority must not publish a notice under subsection 32(2) in relation to a proposed amendment of a zoning plan in respect of an area unless the Minister has approved the publication of the notice. The Minister’s approval cannot be sought until after the end of the period applicable under subsection (1) of this section.

Note:          Subsection 32(2) applies to this situation because of subsection (8) of this section.

Revocation of zoning plan

             (3)  The Authority may:

                     (a)  revoke a zoning plan (the existing plan ) in respect of an area; and

                     (b)  prepare a new zoning plan in respect of that area;

only if:

                     (c)  the existing plan has been in operation for at least 7 years; or

                     (d)  if the existing plan has been amended under this section—the most recent of those amendments has been in operation for at least 7 years.

The revocation does not take effect until the new plan comes into operation.

             (4)  The Authority must not publish a notice under subsection 32(2) in relation to:

                     (a)  the proposed revocation of a zoning plan in respect of an area; and

                     (b)  a proposed new zoning plan in respect of that area;

unless the Minister has approved the publication of the notice. The Minister’s approval cannot be sought until after the end of the period applicable under subsection (3) of this section.

Note:          Subsection 32(2) applies to this situation because of subsection (8) of this section.

Report

             (5)  The Authority must prepare a report setting out the reasons for the action it proposes to take under subsection (1) or (3). The report must refer to the relevant environmental, economic and social information on which those reasons were based.

Report to be publicly available

             (6)  The Authority must make the report publicly available.

Report is not a legislative instrument

             (7)  The report is not a legislative instrument.

Application of sections 32 to 35

             (8)  Subject to subsection (9) of this section, sections 32 to 35 apply in relation to action referred to in subsection (1) or (3) of this section in the same way as they apply to a zoning plan required to be prepared in accordance with section 32.

Additional obligation for amendment or revocation of zoning plan

             (9)  The notice published under subsection 32(2) in relation to action referred to in subsection (1) or (3) of this section must also specify that a report prepared under subsection (5) of this section is publicly available and how a copy may be obtained.

37A   Amendment of zoning plan—typographical errors

             (1)  The Authority may, with the Minister’s approval, amend a zoning plan in respect of an area to correct typographical errors.

             (2)  Subsections 33(1) to (3) and (5) and (6) apply in relation to the amendment in the same way as they apply to a zoning plan that has been accepted under section 32.

29  Section 39I

Repeal the section, substitute:

39I   Appropriation of amounts for the purposes of the Authority

             (1)  If an amount (the Commonwealth amount ) is received under section 39DA, subsection 39FA(2) or section 39FD or 39H, an amount equal to the Commonwealth amount is appropriated out of the Consolidated Revenue Fund for the purpose of the performance of the functions of the Authority.

             (2)  If the Commonwealth refunds the whole or a part of a Commonwealth amount, the amount appropriated under subsection (1) is reduced by the amount of the refund.

Note:          Subsection 28(2) of the Financial Management and Accountability Act 1997 is a standing appropriation for repayments of amounts received by the Commonwealth.

30  Section 39KA

Repeal the section.

31  After Division 5 of Part VA

Insert:

Division 5A Application of the Financial Management and Accountability Act 1997

39QA   Collected amounts etc.

             (1)   For the purposes of the Financial Management and Accountability Act 1997 , a collected amount does not become public money until it is received by the Authority on behalf of the Commonwealth.

             (2)  The Financial Management and Accountability Act 1997 does not apply in relation to:

                     (a)  interest, or other amounts, derived by holders of chargeable permissions from the custody or banking of collected amounts; and

                     (b)  payments covered by subsection 39PA(3).

Note:          One of the effects of this section is that holders of chargeable permissions will not be subject to the Financial Management and Accountability Act 1997 .

32  Part VII

Repeal the Part, substitute:

Part VII Finance and reporting requirements

Division 1 Great Barrier Reef Field Management Special Account

49   Great Barrier Reef Field Management Special Account

             (1)  The Great Barrier Reef Field Management Special Account is established by this section.

             (2)  The Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997 .

50   Credits to the Account

                   There must be credited to the Account amounts equal to the following:

                     (a)  amounts that, under an agreement referred to in paragraph 7(1)(cc), are paid by Queensland to the Authority for the purpose of the management, protection or maintenance of the Great Barrier Reef World Heritage Area;

                     (b)  amounts that, under such an agreement, the Commonwealth agrees to allocate for that purpose;

                     (c)  amounts received by the Authority in relation to property paid for with amounts debited from the Account;

                     (d)  amounts of any gifts given or bequests made for the purposes of the Account.

Note:          An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.

                   In particular, this mechanism could be used to credit amounts to the Great Barrier Reef Field Management Special Account for the purposes of paragraph (b).

51   Purposes of the Account

             (1)  This section sets out the purposes of the Account.

             (2)  Amounts standing to the credit of the Account may be debited for the following purposes:

                     (a)  the management, protection or maintenance of the Great Barrier Reef World Heritage Area;

                     (b)  purposes incidental to the management, protection or maintenance of the Great Barrier Reef World Heritage Area;

                     (c)  meeting the expenses of administering the Account.

52   Amounts paid by Queensland

                   If, under an agreement referred to in paragraph 7(1)(cc), amounts are paid by Queensland to the Authority for the purpose of the management, protection or maintenance of the Great Barrier Reef World Heritage Area, the Authority must expend those amounts in accordance with that agreement and not otherwise.

Division 2 Reporting requirements

53   Annual report

Annual report to be given to Minister

             (1)  The Chairperson must, as soon as practicable after 30 June in each financial year, prepare and give to the Minister a report on the Authority’s operations during that year.

Contents of annual report

             (2)  The Chairperson must include in the report the following:

                     (a)  particulars of all directions given during the year by the Minister under subsection 7(2) or 61A(4);

                     (b)  the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ;

                     (c)  an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 .

Annual report to be tabled in Parliament

             (3)  The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

54   Great Barrier Reef Outlook Report

             (1)  The Authority must prepare and give to the Minister a report in relation to the Great Barrier Reef Region every 5 years. The first report must be given to the Minister by 30 June 2009.

             (2)  The report must be prepared in accordance with the regulations (if any).

Content of report

             (3)  The report must contain the following matters:

                     (a)  an assessment of the current health of the ecosystem within the Great Barrier Reef Region and of the ecosystem outside that region to the extent it affects that region;

                     (b)  an assessment of the current biodiversity within that region;

                     (c)  an assessment of the commercial and non-commercial use of that region;

                     (d)  an assessment of the risks to the ecosystem within that region;

                     (e)  an assessment of the current resilience of the ecosystem within that region;

                      (f)  an assessment of the existing measures to protect and manage the ecosystem within that region;

                     (g)  an assessment of the factors influencing the current and projected future environmental, economic and social values of that region;

                     (h)  an assessment of the long-term outlook for the ecosystem within that region;

                      (i)  any other matter prescribed by the regulations for the purposes of this paragraph.

Peer-review

             (4)  The Minister must arrange for the content of the report to be peer-reviewed by at least 3 persons who, in the Minister’s opinion, possess appropriate qualifications to undertake the peer-review. The peer-review must occur before the report is given to the Minister.

Report to be tabled in Parliament

             (5)  The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

Definitions

             (6)  In this section:

biodiversity has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 .

ecosystem has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 .

Division 3 Exemption from taxation

55   Exemption from taxation

                   The Authority is not subject to taxation under the laws of the Commonwealth or of a State or Territory.

33  Subsection 61A(5)

Repeal the subsection.

34  Paragraph 66(2)(u)

After “granted or issued”, insert “(which may include a requirement to enter into an agreement with the Commonwealth)”.