2. This Act commences on the day on which it receives the Royal
Assent.
SECT 3 Interpretation
AHCA 91:17 IDX
3. Section 3 o ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974- Reprinted as
at 30 November 1990
*1*The Environment Protection (Impact of Proposals) Act 1974 as shown in this
reprint comprises Act No. 164, 1974 amended as indicated in the Tables below.
Table of Acts
EPIP 74/90(3) IDX
-------------------------------------------------------------------------------
-------------
Act number Date Date of
Application,
and year of Assent commencement
saving or
transitional
provisions
-------------------------------------------------------------------------------
-------------
Environment Protection (Impact of Proposals) Act 1974
164, 1974 17 Dec 1974 17 Dec 1974
Environment Protection (Impact of Proposals) Act 1975
36, 1975 19 May 1975 19 May 1975
-
Statute Law Revision Act 1981
61, 1981 12 June S. 115: Royal Assent (a)
-
1981
Statute Law (Miscellaneous Amendments) Act (No. 1) 1982
26, 1982 7 May 1982 Part XXI (ss. 150 and 151):
-
4 June 1982 (b)
as amended by
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
80, 1982 22 Sept Part LXXI (ss. 262 and 263):
-
1982 (c)
Environment Protection (Impact of Proposals) Amendment Act 1987
12, 1987 3 Apr 1987 1 June 1987 (see Gazette
-
1987, No. S106)
Conservation Legislation Amendment Act 1988
7, 1988 31 Mar 1988 31 Mar 1988
-
Statutory Instruments (Tabling and Disallowance) Legislation Amendment
Act 1988
99, 1988 2 Dec 1988
-------------------------------------------------------------------------------
-------------
(a) The Environment Protection (Impact of Proposals) Act 1974 was amended by
section 115 only of the Statute Law Revision Act 1981, subsection 2 (1) of whic
h
provides as follows:
'(1) Subject to this section, this Act shall come into operation on the day o
n
which it receives the Royal Assent.'
(b) The Environment Protection (Impact of Proposals) Act 1974 was amended
by Part XXI (sections 150 and 151) only of the Statute Law (Miscellaneous
Amendments) Act (No. 1) 1982, subsection 2 (12) of which provides as follows:
'(12) The remaining provisions of this Act shall come into operation on the
twenty-eighth day after the day on which this Act receives the Royal Assent.'
(c) The Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 was amended
by Part LXXI (sections 262 and 263) only of the Statute Law (Miscellaneous
Amendments) Act (No. 2) 1982, subsection 2 (11) of which provides as follows:
'(11) Parts XLIX and LXXI shall be deemed to have come into operation on 4
June 1982.'
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
-------------------------------------------------------------------------------
-------------
Provision
affected How affected
-------------------------------------------------------------------------------
-------------
Ss. 3, 4 am. No. 12, 1987
S. 4A ad. No. 7, 1988
S. 5 am. No. 36, 1975
S. 6 am. No. 12, 1987
S. 7 am. No. 26, 1982 (as am. by No. 80, 1982); No. 99, 1988
Ss. 7A-7C ad. No. 99, 1988
S. 8 am. No. 12, 1987
S. 9 am. No. 61, 1981
Ss. 10-12 am. No. 12, 1987
Ss. 15, 16 am. No. 12, 1987
Ss. 18-20 am. No. 12, 1987
Ss. 22, 23 am. No. 12, 1987
S. 24 rs. No. 36, 1975
am. No. 12, 1987
-------------------------------------------------------------------------------
-------------
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Extension to Territories
4A. Non-application in relation to certain heritage Acts
5. Object of Act
6. Approved procedures
7. Orders to be notified and may be disallowed
7A. Order not to be re-made while required to be tabled
7B. Order not to be re-made while subject to disallowance
7C. Disallowed order not to be re-made unless resolution rescinded
or House approves
8. Duties of Ministers
9. Modification of operation of laws
10. Minister to furnish certain information
11. Inquiries by Commissioners
12. Remuneration of Commissioners
13. Notice of inquiries
14. Procedure at inquiries
15. Power to summon witnesses
16. Failure of witness to attend
17. Power to administer oath or affirmation
18. Refusal to be sworn or to answer questions
19. Protection of Commissioners and witnesses
20. Contempt of court
21. Powers of Commission in relation to documents produced
22. Allowances to witnesses
23. Witness not to be prejudiced
24. Power to enter on land etc.
25. Regulations
LONG TITLE
EPIP 74/90(3) IDX
An Act to make provision for Protection of the Environment in relation
to Projects and Decisions of, or under the control of, the Australian
Government,
and for related purposes
SECT 1 Short title
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
1. This Act may be cited as the Environment Protection (Impact of
Proposals) Act 1974.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SECT 2 Commencement
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
2. This Act shall come into operation on the day on which it receives
the Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SECT 3 Interpretation
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
3. In this Act, unless the contrary intention appears:
'Australia' includes the Territories to which this Act extends;
'authority of Australia' does not include a court but includes an
authority of a Territory and all authorities and bodies (not being
companies or societies) established by or appointed under the laws of
Australia and of the Territories and also includes a company in which
the whole of the shares or stock, or shares or stock carrying more than
one-half of the voting power, is or are owned by or on behalf of
Australia;
'environment' includes all aspects of the surroundings of human
beings, whether affecting human beings as individuals or in social
groupings;
'Territory' means an internal Territory or an external Territory to
which this Act extends.
SECT 4 Extension to Territories
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
4. This Act extends to all the external Territories.
SECT 4A Non-application in relation to certain heritage Acts
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
4A.(1) Nothing in this Act applies in relation to:
(a) the doing of any thing under the World Heritage Properties
Conservation
Act 1983 or regulations under that Act; or
(b) the submission by the Commonwealth under Article 11 of the
Convention,
within the meaning of the World Heritage Properties Conservation Act
1983, of property to the World Heritage Committee as suitable for
inclusion in the World Heritage List provided for in paragraph 2 of that
Article.
(2) This section has effect as if it had commenced on the commencement
of the World Heritage Properties Conservation Act 1983.
SECT 5 Object of Act
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
5.(1) The object of this Act is to ensure, to the greatest extent that
is practicable, that matters affecting the environment to a significant
extent are fully examined and taken into account in and in relation to:
(a) the formulation of proposals;
(b) the carrying out of works and other projects;
(c) the negotiation, operation and enforcement of agreements and
arrangements (including agreements and arrangements with, and with
authorities of, the States);
(d) the making of, or the participation in the making of, decisions
and
recommendations; and
(e) the incurring of expenditure;
by, or on behalf of, the Australian Government and authorities of
Australia, either alone or in association with any other government,
authority, body or person.
(2) The matters referred to in subsection (1) extend to matters of
those kinds arising in relation to direct financial assistance granted,
or proposed to be granted, to the States.
SECT 6 Approved procedures
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
6.(1) The Governor-General may, from time to time, by order, approve,
and approve variations of, administrative procedures for the purpose of
achieving the object of this Act, being procedures that are consistent
with relevant laws, as affected by regulations under this Act.
(2) Without limiting the generality of subsection (1), the approved
procedures may provide for:
(a) enabling the Minister to require the supply of information for
the
purpose of consideration, by or on behalf of the Minister, of the
necessity for environmental impact statements or public environment
reports;
(b) authorizing the Minister to direct the preparation or
obtaining, and
the submission to the Minister, of statements to be known as
environmental impact statements;
(ba) authorizing the Minister to direct the preparation or
obtaining, and
the submission to the Minister, of reports to be known as public
environment reports;
(c) defining, or authorizing the Minister to determine, the matters
to be
dealt with by, and the form of, those statements and reports;
(d) the making of those statements and public environment reports
available, in cases or circumstances specified by or in accordance with
the procedures, for public comment;
(e) inquiries in accordance with this Act, and action to be taken
in
respect of reports resulting from such inquiries;
(f) the revision of those statements and public environment
reports;
(g) the examination of those statements and public environment
reports by
or on behalf of the Minister and the making by or on behalf of the
Minister of comments, suggestions or recommendations concerning the
matters to which those statements and public environment reports relate,
including suggestions or recommendations concerning conditions to which
approvals, agreements and other matters should be subject; and
(h) exemptions from all or any of the requirements of the
procedures.
SECT 7 Orders to be notified and may be disallowed
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
7.(1) Where an order is made by the Governor-General under section 6:
(a) notice shall be published in the Gazette of the order having
been made,
and of the place where copies of the order can be purchased;
(b) the order shall, subject to this section, take effect from the
date of
publication of the notice or, where another date is specified in the
order, from the date specified; and
(c) the order shall be laid before each House of the Parliament
within 15
sitting days of that House after the making of the order.
(2) If an order is not laid before each House of the Parliament in
accordance with subsection (1), it ceases to have effect.
(3) If either House of the Parliament, in pursuance of a motion of
which notice has been given within 15 sitting days after an order has
been laid before that House, passes a resolution disallowing the order
or part of the order, the order or that part of the order, thereupon
ceases to have effect.
(4) If, at the expiration of 15 sitting days after notice of a motion
to disallow an order or part of an order has been given in a House of
the Parliament, being notice given within 15 sitting days after the
order has been laid before that House:
(a) the notice has not been withdrawn and the motion has not been
called
on; or
(b) the motion has been called on, moved and seconded and has not
been
withdrawn or otherwise disposed of;
the order, or part of the order, specified in the motion shall thereupon
be deemed to have been disallowed.
(5) If, before the expiration of 15 sitting days after notice of a
motion to disallow an order or part of an order has been given in a
House of the Parliament:
(a) the House of Representatives is dissolved or expires, or the
Parliament
is prorogued; and
(b) at the time of the dissolution, expiry or prorogation, as the
case may
be:
(i) the notice has not been withdrawn and the motion has not been
called on; or
(ii) the motion has been called on, moved and seconded and has not
been withdrawn or otherwise disposed of;
the order or part of an order shall, for the purposes of subsections (3)
and (4), be deemed to have been laid before that first-mentioned House
on the first sitting day of that first-mentioned House after the
dissolution, expiry or prorogation, as the case may be.
(6) Where an order is disallowed, or is deemed to have been
disallowed, under this section or ceases to have effect by virtue of the
operation of subsection (2), the disallowance of the order or the
operation of subsection (2) in relation to the order, as the case may
be, has the same effect as a repeal of the order.
(7) Where:
(a) an order (in this subsection referred to as the
'relevant order') is disallowed, or is deemed to have been disallowed,
under this section or ceases to have effect by virtue of the operation
of subsection (2); and
(b) the relevant order repealed, in whole or in part, another order
that
was in force immediately before the relevant order came into operation;
the disallowance of the relevant order or the operation of subsection
(2) in relation to the relevant order, as the case may be, has the
effect of reviving that other order from and including the date of the
disallowance or the date on which the relevant order ceased to have
effect by virtue of that operation of subsection (2), as the case may
be, as if the relevant order had not been made.
(8) A reference in subsection (6) or (7) to an order shall be read as
including a reference to a part of an order.
SECT 7A Order not to be re-made while required to be tabled
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
7A.(1) Where an order (in this section called the 'original order')
has been made, no order containing a provision being the same in
substance as a provision of the original order shall be made during the
period defined by subsection (2) unless both Houses of the Parliament by
resolution approve the making of an order containing a provision the
same in substance as that provision of the original order.
(2) The period referred to in subsection (1) is the period starting on
the day on which the original order was made and ending at the end of 7
days after:
(a) if the original order has been laid, in accordance with
subsection 7
(1), before both Houses of the Parliament on the same day-that day;
(b) if the original order has been so laid before both Houses on
different
days-the later of those days; or
(c) if the original order has not been so laid before both
Houses-the last
day on which subsection 7 (1) could have been complied with.
(3) If a provision of an order is made in contravention of this
section, the provision has no effect.
SECT 7B Order not to be re-made while subject to disallowance
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
7B.(1) Where notice of a motion to disallow an order has been given in
a House of the Parliament within 15 sitting days after the order has
been laid before that House, no order containing a provision being the
same in substance as a provision of the first-mentioned order shall be
made unless:
(a) the notice has been withdrawn;
(b) the order is deemed to have been disallowed under subsection 7
(4);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 7 (5) has applied in relation to the order.
(2) Where:
(a) because of subsection 7 (5), an order is deemed to have been
laid
before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the order has been given in that
House
within 15 sitting days after that day;
no order containing a provision being the same in substance as a
provision of the first-mentioned order shall be made unless:
(c) the notice has been withdrawn;
(d) the order is deemed to have been disallowed under subsection 7
(4);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 7 (5) has applied again in relation to the order.
(3) If a provision of an order is made in contravention of this
section, the provision has no effect.
(4) This section does not limit the operation of section 7A or 7C.
(5) In this section:
'order' includes a part of an order.
SECT 7C Disallowed order not to be re-made unless resolution rescinded
or House approves
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
7C. If an order or a part of an order is disallowed, or is deemed to
have been disallowed, under section 7, and an order containing a
provision being the same in substance as a provision so disallowed, or
deemed to have been disallowed, is made within 6 months after the date
of the disallowance, that provision has no effect, unless:
(a) in the case of an order, or a part of an order, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an order, or a part of an order, deemed to have
been
disallowed-the House of the Parliament in which notice of the motion to
disallow the order or part was given has approved, by resolution, the
making of a provision the same in substance as the provision deemed to
have been disallowed.
SECT 8 Duties of Ministers
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
8. Each Minister shall give all such directions and do all such things
as, consistently with any relevant laws as affected by regulations under
this Act, can be given or done by the Minister:
(a) for ensuring that procedures for the time being approved under
this Act
are given effect to in and in connexion with matters dealt with by the
Department administered by the Minister and that any authority of
Australia in relation to which the Minister has ministerial
responsibilities observes, and assists in giving effect to, those
procedures; and
(b) for ensuring that any final environmental impact statement or
public
environment report formulated in accordance with those procedures, and
any suggestions or recommendations made in accordance with those
procedures, are taken into account, in matters to which they relate, in
the Department administered by the Minister and by any authority of
Australia in respect of which the Minister has ministerial
responsibilities.
SECT 9 Modification of operation of laws
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
9. Without prejudice to any right, power or duty of any authority of
Australia, apart from this Act, to take into account matters relating to
the environment in the exercise of any power or function, the
regulations may:
(a) make provision for or in relation to requiring or permitting a
prescribed authority of Australia to take into account, either generally
or in accordance with the regulations, matters affecting the environment
in the taking of any action or the making of any decision or
recommendation; and
(b) prescribe matters necessary or convenient to be prescribed as
incidental to provision so made, including matters relating to
procedures and times;
and regulations so made have effect notwithstanding any other law.
SECT 10 Minister to furnish certain information
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
10. In respect of a particular matter of a kind referred to in any of
the paragraphs of section 5, any person may, by notice in writing,
require the Minister to inform the person in writing as to what action,
if any, has been taken, or is proposed, for ensuring consideration of
the environmental aspects of the matter, and the Minister shall as soon
as practicable, and in any event within 3 months after the date of the
notice, inform the person in writing accordingly.
SECT 11 Inquiries by Commissioners
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
11.(1) For the purposes of procedures approved under this Act or for
achieving the object of this Act, the Minister may direct that an
inquiry be conducted in respect of all or any of the environmental
aspects of a matter referred to in any of the paragraphs of section 5,
whether or not an environmental impact statement or public environment
report has, in accordance with procedures under this Act, been furnished
to the Minister.
(2) The Minister shall appoint a Commissioner or Commissioners to be a
Commission to conduct an inquiry under this section and may appoint a
person or persons to advise the Commission.
(3) Where there is more than one Commissioner, the Minister shall
appoint one of the Commissioners to preside at the inquiry.
(3A) The Minister may direct a Commission to report its findings and
recommendations within a reasonable period as specified in the
direction.
(4) The Commission:
(a) shall report its findings and recommendations to the Minister;
(b) where a period has been specified under subsection (3A)-shall
so report
within that period; and
(c) after so reporting, but subject to subsection (5)-shall make
public
those findings and recommendations.
(5) The Commission shall not make public any evidence or matters in
respect of which directions have been given under paragraph 14 (2) (b)
or matters the publication of which is excepted from subsection 14 (5).
(6) Subject to subsections (1) and (3A), a Commission is not subject
to directions by the Minister, or otherwise by or on behalf of the
Australian Government, in or in relation to the conduct of an inquiry.
SECT 12 Remuneration of Commissioners
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
12.(1) A Commissioner shall be paid such remuneration as is determined
by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, the Commissioner shall be
paid such remuneration as is prescribed.
(2) A Commissioner shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act
1973.
SECT 13 Notice of inquiries
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
13. Before a Commission commences to hold an inquiry, the Commission
shall give reasonable notice, by advertisement published in the Gazette
and in such newspapers as it thinks necessary, of its intention to hold
the inquiry, the subject of the inquiry and the time and place at which
the inquiry is to be commenced.
SECT 14 Procedure at inquiries
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
14.(1) Subject to this section, an inquiry by a Commission shall be
held in public and evidence in the inquiry shall be taken in public on
oath or affirmation.
(2) Where a Commission is satisfied that it is desirable to do so in
the public interest by reason of the confidential nature of any evidence
or matter or for any other reason, the Commission may:
(a) direct that an inquiry or a part of an inquiry shall take place
in
private and give directions as to the persons who may be present; or
(b) give directions prohibiting or restricting the publication of
evidence
given before the Commission or of matters contained in documents lodged
with the Commission.
(3) A Commission may, if it thinks fit, permit a person appearing as a
witness before the Commission to give evidence by tendering, and
verifying by oath or affirmation, a written statement.
(4) Where a Commission considers that the attendance of a person as a
witness before the Commission would cause serious hardship to the
person, the Commission may permit the person to give evidence by sending
to the Commission a written statement, verified in such manner as the
Commission allows.
(5) Where evidence is given to a Commission by a written statement in
accordance with subsection (3) or (4), the Commission shall make
available to the public in such manner as the Commission thinks fit the
contents of the statement other than any matter as to which the
Commission is satisfied that its publication would be contrary to the
public interest by reason of its confidential nature or for any other
reason.
(6) Subject to this section, the regulations and orders under section
6:
(a) the procedure to be followed at an inquiry by a Commission is
within
the discretion of the Commission; and
(b) a Commission is not bound by the rules of evidence.
(7) Nothing in this section derogates from any law relating to Crown
privilege.
SECT 15 Power to summon witnesses
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
15. A Commissioner may, by writing signed by the Commissioner, summon
a person to appear before the Commission at a time and place specified
in the summons to give evidence and produce such books and documents (if
any) as are referred to in the summons.
SECT 16 Failure of witness to attend
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
16. A person served with a summons to appear as a witness at an
inquiry by a Commission shall not, without reasonable excuse:
(a) fail to attend as required by the summons; or
(b) fail to appear and report from day to day unless excused or
released
from further attendance by or on behalf of the Commission.
Penalty: $1,000 or imprisonment for 6 months.
SECT 17 Power to administer oath or affirmation
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
17. A Commissioner may administer an oath or affirmation to a person
appearing as a witness before the Commission.
SECT 18 Refusal to be sworn or to answer questions
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
18. A person appearing as a witness at an inquiry by a Commission
shall not, without reasonable excuse:
(a) refuse or fail to be sworn or to make an affirmation;
(b) refuse or fail to answer a question that the person is required
to
answer by the Commissioner presiding at the inquiry; or
(c) refuse or fail to produce a document that the person was
required to
produce by a summons under this Act served on the person.
Penalty: $1,000 or imprisonment for 6 months.
SECT 19 Protection of Commissioners and witnesses
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
19.(1) A Commissioner has, in the performance of the duties of a
Commissioner, the same protection and immunity as a Justice of the High
Court.
(2) Subject to this Act, a person appearing before a Commission as a
witness at an inquiry has the same protection, and is, in addition to
the penalties provided by this Act, subject to the same liabilities, in
any civil or criminal proceedings as a witness in proceedings in the
High Court.
SECT 20 Contempt of court
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
20. A person shall not:
(a) insult or disturb a Commissioner in the exercise of the powers
or the
performance of the functions or duties of a Commissioner;
(b) interrupt an inquiry by a Commission;
(c) use insulting language towards a Commissioner;
(d) create a disturbance, or take part in creating or continuing a
disturbance, in or near a place where a Commission is holding an
inquiry; or
(e) do any other act or thing that would, if a Commission were a
court of
record, constitute a contempt of that court.
Penalty: $1,000 or imprisonment for 6 months.
SECT 21 Powers of Commission in relation to documents produced
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
21.(1) A Commissioner, or a person assisting a Commission and
authorized by a Commissioner to do so, may inspect any books or
documents furnished to the Commission for the purposes of the
performance of its functions under this Act or produced at an inquiry
and may make copies of, or take extracts from, those books or documents.
(2) Books or documents so furnished may be retained by the Commission
for such reasonable period as the Commission thinks fit.
SECT 22 Allowances to witnesses
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
22. A witness summoned under this Act to appear at an inquiry by a
Commission is entitled to be paid by Australia such allowances for
travelling and other expenses as are prescribed.
SECT 23 Witness not to be prejudiced
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
23.(1) A person shall not:
(a) use violence to or inflict injury on;
(b) cause or procure violence, damage, loss or disadvantage to; or
(c) cause or procure the punishment of;
a person for or on account of the person's having appeared, or being
about to appear, as a witness at an inquiry by a Commission or for or on
account of any evidence given by the person before a Commission.
Penalty: $1,000 or imprisonment for 6 months.
(2) Without limiting the generality of subsection (1), an employer
shall not:
(a) dismiss an employee from his or her employment, or prejudice an
employee in his or her employment, by reason that the employee has
appeared as a witness, or has given any evidence, at an inquiry by a
Commission; or
(b) dismiss or threaten to dismiss an employee from his or her
employment
or prejudice, or threaten to prejudice an employee in his or her
employment, by reason that the employee proposes to appear as a witness
or to give evidence at an inquiry by a Commission.
Penalty: $1,000 or imprisonment for 6 months.
(3) In any proceedings arising out of subsection (2):
(a) if it is established that the employee was dismissed from, or
prejudiced in, his or her employment and that, before the employee was
so dismissed or prejudiced, the employee appeared as a witness, or gave
any evidence, at an inquiry by a Commission-the burden lies on the
employer of proving that the employee was not dismissed or prejudiced by
reason that the employee so appeared as a witness or gave evidence; or
(b) if it is established that the employee was dismissed, or
threatened
with dismissal, from his or her employment, or was prejudiced, or
threatened with prejudice, in his or her employment and that, before the
employee was so dismissed, threatened with dismissal, prejudiced or
threatened with prejudice, the employee proposed to appear as a witness,
or to give evidence, at an inquiry by a Commission-the burden lies on
the employer of proving that the employee was not so dismissed,
threatened with dismissal, prejudiced or threatened with prejudice by
reason that the employee proposed so to appear as a witness or to give
evidence.
(4) This section binds Australia as an employer, but does not render
Australia liable to prosecution.
SECT 24 Power to enter on land etc.
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
24.(1) A Commissioner, or a person acting with the authority of a
Commissioner, may, with the consent of the occupier of any land,
building or place, enter the land, building or place for the purposes of
an inquiry under this Act.
(2) Where a Commissioner has reason to believe that it is necessary or
desirable for the purposes of an inquiry under this Act for the
Commissioner, or a person authorized by the Commissioner, to enter any
land, building or place, the Commissioner may make application to a
Justice of the Peace for a warrant authorizing the Commissioner or that
person to enter the land, building or place for the purposes of the
inquiry.
(3) If, on an application under subsection (2), the Justice of the
Peace is satisfied by information on oath or affirmation that the issue
of the warrant is reasonably required for the purposes of this Act, the
Justice of the Peace may grant a warrant authorizing the Commissioner,
or that person, with such assistance as the Commissioner or that person
thinks necessary, to enter the land, building or place for the purposes
of the inquiry.
(4) A warrant under subsection (3) shall specify a date after which
the warrant ceases to have effect.
(5) Where a Commissioner, or a person acting with the authority of a
Commissioner, enters any land, building or place in pursuance of
subsection (1) or of a warrant granted under subsection (3) for the
purposes of an inquiry under this Act, the Commissioner or the person
may:
(a) inspect the land, building or place; and
(b) inspect any material on the land, or on or in the building or
place.
(6) A person shall not, without reasonable excuse, obstruct or hinder
a Commissioner, or a person authorized by a Commissioner, acting in
pursuance of a warrant granted under subsection (3) or in pursuance of
subsection (5).
Penalty: $200.
(7) In this section, 'occupier', in relation to land, a building or a
place, includes the person in charge of the land, building or place, as
the case may be.
SECT 25 Regulations
EPIP 74/90(3) IDX
EPIP 74/90(3) TOP
25. The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters that are required or permitted by this
Act to be prescribed or are necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
COMMONWEALTH STATUTES DISC V6.0
ACTS BEGINNING WITH E
ENVIRONMENT (FINANCIAL ASSISTANCE) ACT 1977- Reprinted as at 30 April 1991
Table of Acts
ENVIRONMENT (FINANCIAL ASSISTANCE) ACT 1977- Reprinted as at 30 April
1991
EFA 77/91(2) IDX
*1*The Environment (Financial Assistance) Act 1977 as shown in this reprint
comprises Act No. 150, 1977 amended as indicated in the Tables below. The
Environment (Financial Assistance) Act 1977 was modified by the A.C.T.
Self-Government (Consequential Provisions) Regulations as amended. (See Note
2.)
Table of Acts
EFA 77/91(2) IDX
-------------------------------------------------------------------------------
------------
Act Number Date Date of
Application,
and year of Assent commencement
saving or
transitional
provisions
-------------------------------------------------------------------------------
------------
Environment
(Financial
Assistance)
Act 1977 150, 1977 10 Nov 1977 10 Nov 1977
Administrative
Changes
(Consequential
Provisions) 36, 1978 12 June 12 June 1978
S. 8
Act 1978 1978
-------------------------------------------------------------------------------
-------------
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
___________________________________________________________________________
Provision affected How affected
---------------------------------------------------------------------------
Ss. 8-11 am. No. 36, 1978
---------------------------------------------------------------------------
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Agreement for financial assistance
5. Financial assistance
6. Agreements to be tabled in Parliament
7. Payments to the States
8. Advances
9. Evidence of expenditure
10. Conditions
11. Deduction of amount payable or repayable by State
12. (Not in operation -see Note 2)
LONG TITLE
EFA 77/91(2) IDX
An Act to grant financial assistance to the States in connexion with
projects
related to the environment, and for other purposes
SECT 1 Short title
EFA 77/91(2) IDX
EFA 77/91(2) TOP
1. This Act may be cited as the Environment (Financial Assistance) Act
1977.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SECT 2 Commencement
EFA 77/91(2) IDX
EFA 77/91(2) TOP
2. This Act shall come into operation on the day on which it receives
the Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SECT 3 Interpretation
EFA 77/91(2) IDX
EFA 77/91(2) TOP
3.*2* In this Act, unless the contrary intention appears:
'agreement' means an agreement in force under section 4;
'approved body' means a body approved by the Minister for the purposes
of this Act, being:
(a) an authority of a State;
(b) a local governing body; or
(c) any body corporate constituted for purposes other than the
acquisition
of gain by its individual members;
'environment' includes all aspects of the surroundings of man, whether
affecting him as an individual or in his social groupings.
*2*Section 3-The Environment (Financial Assistance) Act 1977 was modified by
regulation 2 and Schedule 1 of the A.C.T. Self-Government (Consequential
Provisions) Regulations as amended. The provision of Schedule 1 applicable to
the abovementioned Act quoted below is not incorporated in this reprint. Sectio
n
3
Add at the end the following definition:
"..State includes the Australian Capital Territory."
These Regulations shall be taken to have commenced on 21 December 1989.
SECT 4 Agreement for financial assistance
EFA 77/91(2) IDX
EFA 77/91(2) TOP
4.(1) The Minister may, from time to time, on behalf of the
Commonwealth, agree with a State upon financial assistance, whether by
way of loan or otherwise, to be provided by the Commonwealth to the
State under this Act in respect of amounts expended by the State or an
approved body in respect of projects related to the environment.
(2) An agreement with a State under subsection (1) shall be in writing
and may relate to projects approved, or to be approved, by the Minister
and the appropriate Minister of the State, acting jointly.
(3) An agreement with a State under subsection (1) may specify
conditions to which the grant of financial assistance in accordance with
the agreement is subject.
(4) An agreement with a State under subsection (1) may include
provision for:
(a) the review of the operation of the agreement; and
(b) the amendment of the agreement by a further agreement in
consequence of
such a review.
SECT 5 Financial assistance
EFA 77/91(2) IDX
EFA 77/91(2) TOP
5. Subject to this Act, financial assistance is payable to a State in
accordance with an agreement.
SECT 6 Agreements to be tabled in Parliament
EFA 77/91(2) IDX
EFA 77/91(2) TOP
6. The Minister shall cause a copy of every agreement, including every
amending agreement, to be laid before each House of the Parliament
within 15 sitting days of that House after the date on which the
agreement is made.
SECT 7 Payments to the States
EFA 77/91(2) IDX
EFA 77/91(2) TOP
7. A payment (including an advance) to a State under this Act shall be
made out of moneys available under an appropriation made by the
Parliament for the purpose.
SECT 8 Advances
EFA 77/91(2) IDX
EFA 77/91(2) TOP
8.(1) The Minister for Finance may, at such times as he thinks fit,
make advances to a State of such amounts as he thinks fit on account of
an amount that may become payable to the State under this Act.
(2) Without limiting the discretion of the Minister for Finance under
subsection (1), the Minister for Finance may refrain from making an
advance to a State under that subsection until the State has furnished
to the Minister for Finance such documents and other evidence to justify
the making of the advance to the State or to show how an amount, or part
of an amount, advanced to the State under that subsection has been used
or applied, as the Minister for Finance requests.
SECT 9 Evidence of expenditure
EFA 77/91(2) IDX
EFA 77/91(2) TOP
9. A State is not entitled to a payment of financial assistance under
section 5 in respect of any expenditure unless the State has furnished
the Minister for Finance with:
(a) a statement in respect of that expenditure, in accordance with
a form
approved by the Minister for Finance, accompanied by a certificate of
the Auditor-General of the State certifying that, in his opinion, the
amounts shown in the statement as having been expended were expended in
accordance with an agreement; and
(b) such further information (if any) as the Minister for Finance
requires
in respect of that expenditure.
SECT 10 Conditions
EFA 77/91(2) IDX
EFA 77/91(2) TOP
10.(1) Payment of an amount (including an advance) to a State under
this Act in accordance with an agreement is subject to the condition
that, if the Minister informs the Treasurer of the State that he is
satisfied that the State has failed to fulfil a condition in the
agreement, the State will repay the amount paid to the State under this
Act in accordance with the agreement, or such part of that amount as the
Minister specifies, to the Commonwealth.
(2) Payment of an amount (including an advance) to a State under this
Act is subject to the condition that the State will repay to the
Commonwealth, on demand by the Minister for Finance, the amount by
which, at the time of the demand, the total of the amounts paid to the
State under this Act exceeds the total of the amounts that have become
payable to the State under this Act.
SECT 11 Deduction of amount payable or repayable by State
EFA 77/91(2) IDX
EFA 77/91(2) TOP
11. The Minister for Finance may deduct any amount payable or
repayable by a State to the Commonwealth under this Act from an amount
payable by the Commonwealth to the State under this Act.
SECT 12
EFA 77/91(2) IDX
EFA 77/91(2) TOP
12. *3* * * * * * *
*3*S. 12-The amendment made by section 12 has been incorporated in the reprint
of the States Grants (Nature Conservation) Act 1974 which is published
separately.
