Coorong Environmental Trust Bill

Final Stages

The Legislative Council disagreed to amendments Nos 1 and 3 made by the House of Assembly for the reason indicated in the following schedule and disagreed to amendment No. 2 but made an alternative amendment in lieu thereof:

SCHEDULE OF THE AMENDMENTS MADE BY THE HOUSE OF ASSEMBLY AND DISAGREED BY THE LEGISLATIVE COUNCIL

No. 1. Clause 2, page 3, line 2—Insert ‘Within’ after the word ‘operation’

No. 2. Clause 4, part 2, page 3, line 32—Insert after the word ‘established’ the words ‘to raise and administer philanthropic funds to support the ecological wellbeing of the Coorong.’

And after line 36—Insert:

The Minister will approve an initial set of rules relating to the membership, management and operations of the Trust.

Thereafter, the Trust will maintain the rules of the Trust.

The Trust must publish any variations it makes to the rules of the Trust in its Annual Report.

The Crown does not incur any liability for the Trusts / all costs associated with the Trust are to be met by the Trust.

No. 3. Clause 10, part 3, page 6, lines 6 and 7—To delete 10(1) and insert in lieu thereof:

(1) the Minister will appoint an initial board of management of the Trust to carry out the day to day operations of the Trust and to manage its general affairs. Thereafter, 2 voting members will be appointed by the Minister.

SCHEDULE OF THE REASON FOR DISAGREEING WITH THE FOREGOING AMENDMENTS

Because the Amendments were not drafted by Parliamentary Counsel and are nonsensical and the alternate Amendments do what the Minister intended to do.

SCHEDULE OF THE ALTERNATE AMENDMENTS MADE BY THE LEGISLATIVE COUNCIL IN LIEU OF AMENDMENT NO. 2 OF THE HOUSE OF ASSEMBLY

No. 1. New clause, page 6, after line 3—Insert:

9A—Trust rules

(1) The Trust must prepare, adopt and maintain a set of rules relating to the membership, management and operations of the Trust.

(2) The Trust must ensure that a copy of the Trust rules (as in force from time to time) be published on a website determined by the Trust.

No. 2. Clause 10, page 6, lines 6 to 8—Delete subclauses (1) and (2) and substitute:

(1) A board of management of the Trust will carry out the day to day operations of the Trust and manage its general affairs.

(2) The board will consist of 7 persons (who will be called directors) of whom—

(a) 5 will be members of the Trust holding office in accordance with this Act; and

(b) 2 will be persons appointed by the Minister for a term and on conditions determined by the Minister.

(2a) The Trust may initially appoint 5 members of the Trust as directors, who will hold office until directors are elected under section 11.

No. 3. Clause 10, page 6, line 9—Delete ‘The Trust must seek to ensure, as far as is reasonably practicable, that’ and substitute:

Appointments and elections of directors to the board must be conducted so as to ensure that

No. 4. Clause 11, page 6, line 30—After ‘a director’ insert ‘(other than a director appointed by the Minister)’

No. 5. Clause 11, page 7, line 1—Delete ‘subsections (4) and (5)’ and substitute ‘this section’

No. 6. Clause 11, page 7, line 12—Delete ‘by resolution of the Trust’ and substitute ‘under section 12’

No. 7. Clause 12, page 7, line 19—After ‘remove a director’ insert:

(other than a director appointed by the Minister)

No. 8. Clause 12, page 7, after line 23—Insert:

(2) The Minister may remove a director appointed by the Minister from office—

(a) for breach of, or non-compliance with, a condition of appointment; or

(b) for misconduct; or

(c) for failure or incapacity to carry out official duties satisfactorily.