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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-02-13 Daily Xml
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ENVIRONMENT PROTECTION (BOARD OF AUTHORITY) AMENDMENT BILL

Introduction and First Reading

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (20:09): Obtained leave and introduced a bill for an act to amend the Environment Protection Act 1993. Read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (20:10): I move:

That this bill be now read a second time.

The purpose of this bill is to separate the roles of the chief executive and the person who presides at meetings of the Board of the Environment Protection Authority.

This government introduced amendments to the Environment Protection Act 1993 in 2002 with the aim of strengthening the independence of the Environment Protection Authority. At the time the Premier said that the EPA had not been meeting the expectations of the community for some time. He stated that a fundamental part of the government's environment policy was strengthening the powers of the EPA to investigate and prosecute environmental offenders and that for this reason the authority was to be recast as a truly independent body. That remains the government's position today, and this bill will reinforce that independence by improving the authority's governance.

The bill will improve the governance of the EPA in line with current governance theory and reinforce the independence of the board and its power to direct the activities of the administrative unit which supports it in all matters relating to its statutory functions. The bill now before the council preserves the requirement for the chief executive to give effect to the board's policies and decisions related to its functions under the act but no longer gives him or her any vote on what those policies and decisions will be.

The bill provides for the board of the authority to continue to have up to nine voting members. One will be appointed by the Governor as the presiding member, and a deputy may also be appointed to preside in the absence of that person. The chief executive will be an additional member of the board so that he or she is available to contribute to discussions of the board. However, the chief executive will not have a vote on any resolutions.

A consequential amendment removes the requirement for the chief executive to preside at round-table conferences, which assist the minister and the authority to assess the views of interested persons. In future it may be that the chair of the board will want to preside at such functions, so the act is being made less prescriptive to allow for this. The act continues to require the chief executive or a member of the board to be present at round-table conferences. I commend the bill to members.

I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Environment Protection Act 1993

4—Amendment of section 3—Interpretation

This clause amends the definition of Chief Executive in the interpretation section in the principal Act. The amendment is consequential upon the substitution of section 14A.

5—Amendment of section 14—Powers of Authority

This clause amends paragraph (b) of section 14 of the principal Act to authorise the Authority to make use of the services of the employees and facilities of an administrative unit of the Public Service with the approval of the Minister administering the administrative unit. The amendment enables the Authority to make use of the services of the employees and facilities of more than 1 administrative unit with the approval of the relevant Ministers.

6—Substitution of section 14A

This clause deletes the existing section 14A to remove the requirement for a separate appointment of the Chief Executive of the Authority under this Act.

14A—Chief Executive

Proposed section 14A provides that if the Authority makes use of the services of the employees and facilities of an administrative unit and the Minister administering that administrative unit approves the application of the provision to the position of chief executive of that administrative unit then the person for the time being holding or acting in the position of chief executive of that administrative unit will be taken to be the Chief Executive of the Authority.

7—Amendment of section 14B—Board of Authority

This clause makes amendments to section 14B of the principal Act to facilitate the appointment of a presiding member and deputy presiding member of the Board of the Authority. This reflects the amendment to section 16(2) to provide that the Chief Executive of the Authority will no longer be the presiding member of the Board. The proposed amendments to section 14B(2) and 14B(3) provide that the Board is to consist of 7 to 9 members appointed by the Governor and the Chief Executive who is a member of the Board ex officio. Proposed section 14B(3a) and 14B(3b) respectively provide that 1 of the appointed members of the Board will be appointed by the Governor to be the presiding member of the Board and another appointed member will be appointed to be the deputy presiding member of the Board. Proposed section 14B(8) clarifies that a deputy of a member may act as a member of the Board during any period of absence of the member.

8—Amendment of section 16—Proceedings of Board

The proposed amendments to section 16(2) and 16(2a) are consequential upon the amendments to section 14B. The proposed amendment to section 16(6) is consequential upon the insertion of section 16(6a), which provides that the Chief Executive of the Authority is not entitled to vote at a meeting of the Board.

9—Amendment of section 19—Round table conference

This clause deletes section 19(5) and is consequential on the deletion of section 16(2).

Debate adjourned on motion of Hon. D.W. Ridgway.

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