{"id":"commissioner-environmental-sustainability-act-2003","name":"Commissioner for Environmental Sustainability Act 2003","slug":"commissioner-for-environmental-sustainability-act-2003","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177691,"registerId":"vic-commissioner-environmental-sustainability-act-2003-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commissioner for Environmental Sustainability Act 2003","content":"Version No. 019\n\n**Commissioner for Environmental Sustainability Act 2003**\n\n**No. 15 of 2003**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose and outline of Act 1\n\n2 Commencement 2\n\n3 Definitions 2\n\n4 What is ecologically sustainable development? 5\n\n5 Crown to be bound 6\n\nPart 2—The Commissioner for Environmental Sustainability 7\n\n6 The Commissioner 7\n\n7 Objectives of the Commissioner 8\n\n8 Functions of the Commissioner 9\n\n9 Powers of the Commissioner 10\n\n10 Accountability of the Commissioner 11\n\n11 Acting Commissioner 12\n\n12 Staff 13\n\n13 Consultants 13\n\n14 Delegation 14\n\n15 Business plan and budget 14\n\n16 Annual report 14\n\nPart 3—Reports 16\n\n17 Reports on the State of the Environment of Victoria 16\n\n17A Reports on the environmental condition of Yarra River land 17\n\n17B Lead agency to provide assistance 18\n\n17C Reports on the environmental condition of the Great Ocean Road coast and parks 18\n\n18 Reports on environmental management systems 19\n\n18A Reports on implementation of MSA conservation outcomes 20\n\n19 Consultation 20\n\n20 Commissioner may publish statements and guidelines 21\n\n21 Public availability 21\n\nEndnotes 23\n\n1 General information 23\n\n2 Table of Amendments 25\n\n3 Explanatory details 27\n\n**Version No.** **019**\n\n**Commissioner for Environmental Sustainability Act 2003**\n\n**No. 15 of 2003**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purpose and outline of Act\n\n(1) The purpose of this Act is to provide for the appointment and objectives, functions and powers of the Commissioner for Environmental Sustainability.\n\nS. 1(2) amended by Nos 49/2017 s. 64, 1/2020 s. 135.\n\n(2) In outline this Act—\n\n• provides for the appointment of the Commissioner for Environmental Sustainability and an Acting Commissioner for Environmental Sustainability;\n\n• sets out the objectives, functions and powers of the Commissioner for Environmental Sustainability and for the accountability of the Commissioner for Environmental Sustainability;\n\n• provides for the staffing and operation of the office of the Commissioner for Environmental Sustainability;\n\n• provides for the preparation of a periodical Report on the State of the Environment of Victoria and for the preparation of a periodical report on the environmental condition of Yarra River land;\n\n• provides for annual reporting on the implementation of environmental management systems;\n\n• provides for the Commissioner for Environmental Sustainability to report on the MSA conservation outcomes once every 2 years;\n\n• requires the Commissioner for Environmental Sustainability to make reports and information available publicly and on the Internet.\n\n(3) Subsection (2) is intended only as a guide to readers as to the general scheme of this Act.\n\n\t2 Commencement\n\n(1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 1 September 2003, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *Adminis-trative Office* amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(a)).\n\n***Administrative Office*** means a body or group existing as an Administrative Office in relation to a Department by virtue of an order made under section 11 of the **Public Administration Act 2004**;\n\nS. 3 def. of *Adminis-trative Office Head* amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(a)).\n\n***Administrative Office Head*** means a person employed as an Administrative Office Head under section 12 of the **Public Administration Act 2004**;\n\n***Agency*** means—\n\n(a) a Department; or\n\n(b) an Administrative Office;\n\n***Agency Head*** means—\n\n(a) in relation to a Department, the Head of that Department; or\n\n(b) in relation to an Administrative Office, the Head of that Administrative Office;\n\n***Commissioner*** means the Commissioner for Environmental Sustainability;\n\nS. 3 def. of *Department* amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(a)).\n\n***Department*** means a Department existing by virtue of an Order made under section 10 of the **Public Administration Act 2004**;\n\nS. 3 def. of *Department Head* amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(a)).\n\n***Department Head*** means a Department Head under section 12 of the **Public Administration Act 2004**;\n\n***ecologically sustainable development*** means the concept set out in section 4;\n\n***environmental management system*** means the organisational structure, policies, practices, processes and procedures for implementing environmental management, including systems for designating responsibility for and allocating resources to, environmental management;\n\nS. 3 def. of *Great Ocean Road coast and parks* inserted by No. 42/2021 s. 24.\n\n***Great Ocean Road coast and parks***  has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road Coast and Parks Authority* inserted by No. 42/2021 s. 24.\n\n***Great Ocean Road Coast and Parks Authority*** means the Authority established under Part 5 of the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *lead agency* inserted by No. 49/2017 s. 65(2).\n\n***lead agency*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3 def. of *MSA conservation outcomes* inserted by No. 1/2020 s. 136.\n\n***MSA conservation outcomes*** means conservation outcomes within the meaning of the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**;\n\nS. 3 def. of *public authority* substituted by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(b)).\n\n***public authority*** has the same meaning as ***public entity*** has in section 5 of the **Public Administration Act 2004**;\n\n***public authority Head*** means chief executive officer (by whatever name called) of a public authority;\n\nS. 3 def. of *Report on the State of the Environment of Victoria* amended by No. 49/2017 s. 65(1).\n\n***Report on the State of the Environment of Victoria*** means the report prepared under section 17;\n\nS. 3 def. of *Yarra River land* inserted by No. 49/2017 s. 65(2).\n\n***Yarra River land***  has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**.\n\n\t4 What is ecologically sustainable development?\n\n(1) Ecologically sustainable development is development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends.\n\n(2) The objectives of ecologically sustainable development are—\n\n(a) to enhance individual and community well‑being and welfare by following a path of economic development that safeguards the welfare of future generations;\n\n(b) to provide for equity within and between generations;\n\n(c) to protect biological diversity and maintain essential ecological processes and life-support systems.\n\n(3) The following are to be considered as guiding principles of ecologically sustainable development—\n\n(a) that decision making processes should effectively integrate both long-term and short-term economic, environmental, social and equity considerations;\n\n(b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;\n\n(c) the need to consider the global dimension of environmental impacts of actions and policies;\n\n(d) the need to develop a strong, growing and diversified economy which can enhance the capacity for environment protection;\n\n(e) the need to maintain and enhance international competitiveness in an environmentally sound manner;\n\n(f) the need to adopt cost effective and flexible policy instruments such as improved valuation, pricing and incentive mechanisms;\n\n(g) the need to facilitate community involvement in decisions and actions on issues that affect the community.\n\n\t5 Crown to be bound\n\nThis Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPart 2—The Commissioner for Environmental Sustainability\n\n\t6 The Commissioner\n\n(1) The Governor in Council may appoint an officer to be called the Commissioner for Environmental Sustainability.\n\n(2) Subject to this section, the Commissioner holds office for a term not exceeding 5 years as is specified in the instrument of appointment.\n\n(3) The Commissioner is eligible for re-appointment.\n\n(4) The Commissioner is to be appointed on such terms and conditions, not inconsistent with this Act, as the Governor in Council determines.\n\n(5) The Commissioner is entitled to be paid the remuneration and allowances determined by the Governor in Council.\n\nS. 6(6) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 35.2), 80/2006 s. 26(Sch. item 17).\n\n(6) The **Public Administration Act 2004** (other than Part 3, except as provided by section 16, of that Act) applies to the Commissioner in respect of the office of Commissioner.\n\nS. 6(7) amended by No. 14/2025 s. 13.\n\n(7) The Commissioner must not directly or indirectly engage in any paid employment outside the duties of the Commissioner unless that employment has been approved by the Minister.\n\n(8) The office of the Commissioner becomes vacant if the Commissioner is convicted of an indictable offence, or of an offence which, if committed in Victoria, would be an indictable offence.\n\n(9) The Commissioner may resign by notice in writing signed and addressed to the Governor in Council.\n\n(10) The Governor in Council, on the recommendation of the Minister, may remove the Commissioner from office if the Commissioner has—\n\n(a) refused, neglected or failed to carry out the duties of the office; or\n\n(b) demonstrated inefficiency or misbehaviour in carrying out the duties.\n\n(11) If the Commissioner is removed from office under subsection (10), the Minister must cause to be laid before each House of the Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal.\n\n(12) An act or decision of the Commissioner is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner.\n\n\t7 Objectives of the Commissioner\n\nThe objectives of the Commissioner are to—\n\n(a) report on matters relating to the condition of the natural environment of Victoria;\n\n(b) encourage decision making that facilitates ecologically sustainable development;\n\n(c) enhance knowledge and understanding of issues relating to ecologically sustainable development and the environment;\n\n(d) encourage sound environmental practices and procedures to be adopted by the Government of Victoria and local government as a basis for ecologically sustainable development.\n\n\t8 Functions of the Commissioner\n\nThe functions of the Commissioner are to—\n\n(a) prepare the Report on the State of the Environment of Victoria;\n\nS. 8(ab) inserted by No. 49/2017 s. 66.\n\n(ab) prepare a report on—\n\n(i) the environmental condition of Yarra River land; and\n\n(ii) how the environmental condition of Yarra River land has changed since the last report on Yarra River land;\n\nS. 8(ac) inserted by No. 19/2020 s. 72.\n\n(ac) prepare a report on—\n\n(i) the environmental condition of the Great Ocean Road coast and parks; and\n\n(ii) how the environmental condition of the Great Ocean Road coast and parks has changed since the last report on the Great Ocean Road coast and parks;\n\nS. 8(b) substituted by No. 1/2020 s. 137(a).\n\n(b) conduct, once every 2 years, strategic audits of, and prepare reports on, the implementation of—\n\n(i) environmental management systems by Agencies and public authorities; and\n\nS. 8(b)(ii) amended by No. 41/2025 s. 4(Sch. 2 item 5.1).\n\n(ii) the MSA conservation outcomes by the Secretary to the Department of Energy, Environment and Climate Action;\n\n(c) audit public education programs relating to ecologically sustainable development and advise the Minister as to the effectiveness of the programs in encouraging the community to adopt ecologically sustainable development principles and practices;\n\nS. 8(d) amended by No. 1/2020 s. 137(b).\n\n(d) advise the Minister in relation to any matter relating to ecologically sustainable development or the implementation of the MSA conservation outcomes referred to the Commissioner by the Minister under section 10(2);\n\nS. 8(da) inserted by No. 26/2018 s. 88.\n\n(da) prepare and make a State of the Marine and Coastal Environment Report under the **Marine and Coastal Act 2018** if requested under that Act;\n\nS. 8(db) inserted by No. 28/2019 s. 47.\n\n(db) make a report on the progress of a Biodiversity Strategy under section 18D of the **Flora and Fauna Guarantee Act 1988**;\n\n(e) administer this Act.\n\n\t9 Powers of the Commissioner\n\n(1) Subject to this Act, the Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner's functions and to enable the Commissioner to achieve the objectives of the Commissioner under this Act.\n\n(2) Without limiting the generality of subsection (1), the Commissioner may—\n\n(a) make formal requests to Agency Heads and public authority Heads for assistance and the provision of information for the purposes of this Act;\n\n(b) subject to the approval of the Minister, establish a Reference Group for the purpose of providing advice to the Commissioner in respect of the performance of the functions of the Commissioner under this Act;\n\n(c) subject to the approval of the Minister, appoint committees for the purpose of providing advice to the Commissioner on specific matters.\n\n\t10 Accountability of the Commissioner\n\n(1) In performing the functions and exercising the powers under this Act, the Commissioner must have regard to the following principles—\n\n(a) the effective integration of economic, social and environmental considerations with the need to improve community well-being and the benefit of future generations;\n\n(b) that actions should add value and be targeted to achieving the most benefit for the people of Victoria;\n\n(c) that decision making should focus on developing solutions and achieving improvements;\n\n(d) the need to ensure impartiality, openness, transparency and accountability.\n\n(2) The Commissioner must perform the functions and exercise the powers under this Act subject to any specific written directions given by the Minister to the Commissioner.\n\n(3) The Minister must cause a copy of any specific written direction to be laid before each House of the Parliament within 10 sitting days of that House after the specific written direction has been given to the Commissioner.\n\n(4) If a specific written direction includes a requirement that the Commissioner prepare a report for the Minister, the Minister must cause a copy of the report to be laid before each House of the Parliament within 10 sitting days of that House after the report has been presented to the Minister.\n\n\t11 Acting Commissioner\n\n(1) The Minister may appoint a person to act in the office of Commissioner—\n\n(a) during a vacancy in that office; or\n\n(b) during any period, or during all periods, when the person holding that office is absent from duty or is, for any other reason, unable to perform the functions of that office—\n\nbut a person so appointed to act during a vacancy must not continue so to act for more than 6 months.\n\n(2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n\n(3) The Minister—\n\n(a) subject to this section, may determine the terms and conditions of appointment of a person acting in the office of Commissioner; and\n\n(b) may terminate such an appointment at any time.\n\n(4) If a person is acting in the office of Commissioner in accordance with subsection (1)(b) and that office becomes vacant while that person is so acting, that person may continue so to act until—\n\n(a) the Minister otherwise directs; or\n\n(b) the vacancy is filled; or\n\n(c) a period of 6 months from the date on which the vacancy occurred expires—\n\nwhichever first happens.\n\n(5) While a person is acting in the office of Commissioner in accordance with subsection (1), the person has, and may exercise, all the powers, and perform all the functions of that office under this Act.\n\n(6) The validity of anything done by or in relation to a person purporting to act in the office of Commissioner under an appointment made under subsection (1) is not to be called in question on the ground that—\n\n(a) the occasion for the appointment has not arisen; or\n\n(b) there is a defect or irregularity in or in connection with the appointment; or\n\n(c) the appointment has ceased to have effect; or\n\n(d) the occasion to act had not arisen or had ceased.\n\n\t12 Staff\n\nS. 12(1) amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.3).\n\n(1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) The Commissioner may enter into agreements or arrangements for the use of the services of any staff of an Agency or public authority.\n\n\t13 Consultants\n\n(1) The Commissioner may engage persons with suitable qualifications and experience as consultants.\n\n(2) An engagement under subsection (1) may be on any terms and conditions the Commissioner considers appropriate.\n\n\t14 Delegation\n\nThe Commissioner may by instrument delegate to a person referred to in section 12 any function or power of the Commissioner under this Act other than this power of delegation.\n\n\t15 Business plan and budget\n\n(1) The Commissioner must not later than 30 June in each year submit a draft business plan and budget for the next financial year to the Minister for approval.\n\n(2) The draft business plan and budget must—\n\n(a) specify the proposed activities of the Commissioner; and\n\n(b) include an estimate of the financial and other resources required to perform each of the functions of the Commissioner.\n\n(3) In preparing the draft business plan and budget, the Commissioner must consult with—\n\n(a) the Minister; and\n\n(b) the Department Head of the Department responsible for administering the Commissioner's budget.\n\n(4) The Commissioner must operate in accordance with—\n\n(a) the business plan and budget as approved by the Minister; or\n\n(b) the business plan and budget as amended with the approval of the Minister.\n\n\t16 Annual report\n\nThe Commissioner must include—\n\n(a) a brief summary of all activities completed, commenced or conducted; and\n\n(b) a statement of the financial and other resources used in preparing reports under Part 3—\n\nduring the financial year in the relevant annual report of operations under Part 7 of the **Financial Management Act 1994**.\n\nPart 3—Reports\n\n\t17 Reports on the State of the Environment of Victoria\n\n(1) The Commissioner must prepare and submit to the Minister a periodical Report on the State of the Environment of Victoria prepared at intervals not exceeding—\n\n(a) 5 years; or\n\n(b) if the framework for environmental reporting specifies a shorter period, the shorter period.\n\n(2) A Report on the State of the Environment of Victoria must be prepared in accordance with a framework for environmental reporting developed by the Commissioner and approved by the Minister.\n\n(3) The Minister must cause a copy of the framework for environmental reporting developed under subsection (2) to be laid before each House of the Parliament within 10 sitting days of that House after the framework for environmental reporting has been approved by the Minister.\n\n(4) The Minister must cause a copy of a Report on the State of the Environment of Victoria to be laid before each House of the Parliament within 10 sitting days of that House after the Report on the State of the Environment of Victoria has been given to the Minister.\n\n(5) If a Report on the State of the Environment of Victoria includes recommendations made by the Commissioner, the Minister must, not later than the first sitting day after the period of 12 months since the sitting day on which the Report on the State of the Environment of Victoria was laid before each House of the Parliament, cause a statement of the response of the Government to be laid before each House specifying the action (if any) proposed to be taken by the Government with respect to the recommendations.\n\nS. 17A inserted by No. 49/2017 s. 67.\n\n\t17A Reports on the environmental condition of Yarra River land\n\n(1) The Commissioner must prepare and submit to the Minister a periodical report on the environmental condition of Yarra River land.\n\n(2) A report under subsection (1) may be prepared—\n\n(a) as part of a Report on the State of the Environment of Victoria; or\n\n(b) as a separate report.\n\n(3) If the report is prepared as a separate report, it must be prepared at intervals not exceeding—\n\n(a) 5 years; or\n\n(b) if the framework for environmental reporting specifies a shorter period, the shorter period.\n\n(4) The Minister must cause a copy of a report prepared under subsection (1) as a separate report to be laid before each House of the Parliament within 10 sitting days of that House after the report has been given to the Minister.\n\n(5) If a report prepared under subsection (1) as a separate report includes recommendations made by the Commissioner, the Minister must, not later than the first sitting day after the period of 12 months since the sitting day on which the report was laid before each House of the Parliament, cause a statement of the response of the Government to be laid before each House specifying the action (if any) proposed to be taken by the Government with respect to the recommendations.\n\n(6) In this section—\n\n***framework for environmental reporting*** means the framework approved under section 17(2) for a Report on the State of the Environment of Victoria.\n\nS. 17B inserted by No. 49/2017 s. 67.\n\n\t17B Lead agency to provide assistance\n\nThe lead agency must give the Commissioner whatever assistance the Commissioner reasonably requires in preparing a report under section 17A.\n\nS. 17C inserted by No. 19/2020 s. 73.\n\n\t17C Reports on the environmental condition of the Great Ocean Road coast and parks\n\n(1) The Commissioner must prepare and submit to the Minister a periodical report on the environmental condition of the Great Ocean Road coast and parks.\n\n(2) A report under subsection (1) may be prepared—\n\n(a) as part of a Report on the State of the Environment of Victoria; or\n\n(b) as a separate report.\n\n(3) If the report is prepared as a separate report, it must be prepared at intervals not exceeding—\n\n(a) 5 years; or\n\n(b) if the framework for environmental reporting approved under section 17(2) specifies a shorter period, the shorter period.\n\n(4) The Minister must cause a copy of a report prepared under subsection (1) as a separate report to be laid before each House of the Parliament within 10 sitting days of that House after the report has been given to the Minister.\n\n(5) If a report prepared under subsection (1) as a separate report includes recommendations made by the Commissioner, the Minister must, not later than the first sitting day after the period of 12 months since the sitting day on which the report was laid before each House of the Parliament, cause a statement of the response of the Government to be laid before each House specifying the action (if any) proposed to be taken by the Government with respect to the recommendations.\n\nS. 17C(6) amended by No. 41/2025 s. 4(Sch. 2 item 5.2).\n\n(6) The Great Ocean Road Coast and Parks Authority and the Department of Energy, Environment and Climate Action must give the Commissioner whatever assistance the Commissioner reasonably requires in preparing a report under this section.\n\n\t18 Reports on environmental management systems\n\n(1) Subject to subsection (3), the Commissioner must not later than 31 January in each year submit a report on the implementation of environmental management systems by Agencies and public authorities to the Minister.\n\n(2) A report on environmental management systems—\n\n(a) must include an analysis of progress in meeting the objectives and targets for the implementation of environmental management systems by Agencies and public authorities as determined by the Government of Victoria; and\n\n(b) may include advice and recommendations in relation to the implementation of international best practice in environmental management systems.\n\n(3) If this section has not been in operation for at least 6 months as at the 31 January first occurring after the commencement of this section, the first report under this section is not required until the following 31 January.\n\n(4) The Minister must cause a copy of a report on environmental management systems to be laid before each House of the Parliament within 10 sitting days of that House after the report on environmental management systems has been given to the Minister.\n\nS. 18A inserted by No. 1/2020 s. 138.\n\n\t18A Reports on implementation of MSA conservation outcomes\n\n(1) The Commissioner must submit a report on the implementation of MSA conservation outcomes to the Minister not later than—\n\n(a) 31 October in the second year after the commencement of this section; or\n\n(b) if this section has not been in operation for at least 12 months as at the date referred to in paragraph (a), the following 31 October.\n\n(2) After submitting a report under subsection (1), the Commissioner must submit a report on the implementation of MSA conservation outcomes to the Minister not later than 31 October in the year that is 2 years after the year in which the report under subsection (1), and every previous report under this subsection, was submitted to the Minister.\n\n(3) The Minister must cause a copy of a report submitted to the Minister under this section to be laid before each House of the Parliament within 10 sitting days of that House after the report has been given to the Minister.\n\n\t19 Consultation\n\nThe Commissioner must in preparing a report under this Part consult with any Agency or public authority in relation to factual information concerning the responsibilities of the Agency or public authority to be contained in the report.\n\n\t20 Commissioner may publish statements and guidelines\n\nThe Commissioner may publish statements and guidelines relating to the performance of the functions and the exercise of the powers of the Commissioner under this Act.\n\n\t21 Public availability\n\n(1) This section applies to—\n\n(a) the following documents after a copy has been laid before each House of the Parliament—\n\n(i) any specific written direction given to the Commissioner under section 10(2);\n\n(ii) any report prepared by the Commissioner to meet a requirement in a specific written direction;\n\n(iii) the framework for environmental reporting approved under section 17(2);\n\n(iv) a Report on the State of the Environment of Victoria;\n\nS. 21(1)(a)(iva) inserted by No. 49/2017 s. 68.\n\n(iva) a report prepared under section 17A, if prepared as a separate report;\n\nS. 21(1)(a)(v) amended by No. 1/2020 s. 139(1).\n\n(v) a report on environmental management systems;\n\nS. 21(1)(a)(vi) inserted by No. 1/2020 s. 139(2).\n\n(vi) a report on MSA conservation outcomes; and\n\n(b) any document containing statements and guidelines under section 20.\n\n(2) The Commissioner must ensure that copies of documents to which this section applies are—\n\n(a) publicly available; and\n\n(b) published on the Internet.\n\nPt 4 (Heading and s. 22) repealed by No. 28/2007 s. 3(Sch. item 9).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 27 February 2003*\n\n*Legislative Council: 8 April 2003*\n\nThe long title for the Bill for this Act was \"to provide for a Commissioner for Environmental Sustainability, to facilitate a periodical Report on the State of the Environment of Victoria and annual reporting on the implementation of environmental management systems, to consequentially amend the **Public Sector Management and Employment Act 1998** and for other purposes.\"\n\nThe **Commissioner for Environmental Sustainability Act 2003** was assented to on 13 May 2003 and came into operation as follows:\n\nSections 1 and 2 on 14 May 2003: section 2(1); rest of Act on 1 September 2003: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Commissioner for Environmental Sustainability Act 2003** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 35) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| --- | --- |\n| Commencement Date: | S. 26(Sch. item 17) on 11.10.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 9) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017**\n\n| Assent Date: | 26.9.17 |\n| --- | --- |\n| Commencement Date: | Ss 64‒68 on 1.12.17: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Marine and Coastal Act 2018, No. 26/2018**\n\n| Assent Date: | 26.6.18 |\n| --- | --- |\n| Commencement Date: | S. 88 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019**\n\n| Assent Date: | 10.9.19 |\n| --- | --- |\n| Commencement Date: | S. 47 on 1.6.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020, No. 1/2020**\n\n| Assent Date: | 11.2.20 |\n| --- | --- |\n| Commencement Date: | Ss 135–139 on 1.7.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Great Ocean Road and Environs Protection Act 2020, No. 19/2020**\n\n| Assent Date: | 23.6.20 |\n| --- | --- |\n| Commencement Date: | Ss 72, 73 on 1.12.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021**\n\n| *Assent Date:* | 19.10.21 |\n| --- | --- |\n| *Commencement Date:* | S. 24 on 1.9.22: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025**\n\n| Assent Date: | 20.5.25 |\n| --- | --- |\n| Commencement Date: | S. 13 on 21.5.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| --- | --- |\n| Commencement Date: | S. 4(Sch. 2 item 5) on 22.10.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Commissioner for Environmental Sustainability Act 2003** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond the original, narrower focus on a single periodical State of the Environment report and annual reporting on environmental management systems. Post‑enactment amendments added specific place-based reporting duties (reporting on Yarra River land in 2017 (s 17A) and on the Great Ocean Road coast and parks in 2020–2021 (s 17C)), new statutory reporting on MSA conservation outcomes (2020; s 18A), a role under the Marine and Coastal Act (2018; s 8(da)), and an obligation on named lead agencies and the Great Ocean Road Coast and Parks Authority to provide assistance (ss 17B, 17C(6)). The Act also increasingly integrates the Commissioner into broader public administration frameworks (application of the Public Administration Act and related staff/financial controls: ss 6, 12, 15). Those amendments broaden the Commissioner’s geographic remit, frequency and subject-matter of reporting, and formalise stronger inter-agency duties — cumulatively a material widening of scope from the Bill’s original statement of purpose."},"complexity_factors":["Relatively short primary Act but 17 defined terms in section 3 (e.g. Agency, Department, ecologically sustainable development, Yarra River land, MSA conservation outcomes).","Multiple later amendments expanding scope (2004, 2006, 2017, 2018, 2019, 2020, 2021, 2025) introduced new duties and cross-references.","At least five distinct periodic reporting regimes with different frequencies and conditions (State of the Environment s 17; Yarra River s 17A; Great Ocean Road s 17C; annual environmental management systems s 18; biennial MSA conservation outcomes s 18A).","Cross-references to several other Acts (Public Administration Act 2004; Yarra River Protection Act 2017; Great Ocean Road and Environs Protection Act 2020; Marine and Coastal Act 2018; Flora and Fauna Guarantee Act 1988; Melbourne Strategic Assessment Act 2020), increasing interpretive complexity.","Ministerial control points and tabling obligations (s 10, s 17(3)–(5), s 21) create conditional workflows and documentation requirements.","Operational requirements that bind other agencies to provide assistance (s 17B, s 17C(6)), creating inter-agency dependencies and potential disputes about scope of 'reasonable' assistance.","Conditional commencement and timing rules (s 2; transitional timing provisions in reporting sections such as s 18(3), s 18A(1)(b)).","Delegation, acting appointment and public sector employment rules (ss 11–14) add multiple personnel and legal-status permutations."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes an independent office called the Commissioner for Environmental Sustainability, how the Commissioner is appointed, how long the office lasts, and the administrative rules that apply (see s 6).\n- Sets the Commissioner’s objectives (reporting on Victoria’s natural environment, promoting ecologically sustainable development, improving knowledge, and encouraging sound environmental practice) (s 7).\n- Lists the Commissioner’s functions: preparing periodic State of the Environment reports, preparing reports on specific places (Yarra River land and the Great Ocean Road coast and parks), conducting audits and annual/bi‑annual reporting on environmental management systems and certain conservation outcomes (including MSA conservation outcomes), advising the Minister when asked, and administering the Act (s 8, ss 17–18A).\n- Gives the Commissioner operational powers such as requesting assistance and information from Agency Heads and public authority Heads, appointing advisors or committees with ministerial approval, engaging staff and consultants, and delegating functions (s 9, ss 12–14).\n- Sets accountability and oversight rules: the Commissioner must follow stated principles, may be given written directions by the Minister (those directions must be tabled in Parliament), must submit an annual business plan and budget for Ministerial approval, and must table reports in Parliament (s 10, s 15, ss 16–17, s 21).\n- Requires certain agencies (including a named lead agency for the Yarra River and the Great Ocean Road Coast and Parks Authority and the Department of Energy, Environment and Climate Action) to provide assistance to the Commissioner when reasonably required (ss 17B, 17C(6)).\n- Requires public availability and internet publication of key documents once they have been tabled in Parliament (s 21).\n\nWho it affects\n\n- The Commissioner (officeholder) and any Acting Commissioner (s 6, s 11).\n- Ministers (who appoint, can give written directions, and approve the Commissioner’s business plan and budget) (ss 6, 10, 15).\n- Agency Heads, public authority Heads, and specified lead agencies who must provide information and assistance to the Commissioner (s 9(a), ss 17B, 17C(6)).\n- The Department of Energy, Environment and Climate Action and statutory bodies named in amendments (e.g. Great Ocean Road Coast and Parks Authority) because they have information or reporting duties to assist the Commissioner (definitions and s 17C(6)).\n- The Victorian public and Parliament, who receive the Commissioner’s reports and have them tabled and published (ss 17(4)–(5), 21).\n\nWhy it matters (claimed purpose, and practical implications)\n\n- Claimed purpose: to create an independent expert office that produces systematic, periodic reporting and audits about Victoria’s environment and environmental management (s 1 and s 7). The stated end is better informed decision making in support of ecologically sustainable development (s 4 defines that concept).\n\n- How the law changes behaviour and who pays or decides:\n  - Who pays: the Commissioner’s staff, consultants and report production are funded from the State budget via the Commissioner’s business plan and budget approved by the Minister (s 15; s 6(5) for remuneration). Agencies incur indirect costs when providing assistance or supplying information (ss 9(a), 17B, 17C(6)).\n  - Who decides: the Governor in Council appoints the Commissioner and fixes terms; the Minister can give binding written directions to the Commissioner (subject to tabling) and approves the Commissioner’s reporting framework and business plan (ss 6, 10(2), 15, 17(2)).\n  - Behavioural effects: agencies must supply information and assistance when reasonably required; the Commissioner produces audits and recommendations that can change administrative practice or inform policy decisions; public reporting increases transparency and can influence future regulatory or budget choices (ss 9, 17, 18, 21).\n\n- Trade-offs, costs and implementation risks to note (mechanisms, not judgments):\n  - Resource trade-off: producing periodic reports and conducting audits requires staff time, consultancy budgets and agency cooperation; those are public costs that may displace other activities (s 15, s 16, ss 12–13).\n  - Dependence on inter-agency cooperation: the usefulness of reports depends on timely, accurate information from Agency Heads and lead agencies; where data are incomplete, the Commissioner’s ability to audit or report is constrained (s 9(a), ss 17B, 17C(6)).\n  - Ministerial oversight vs independence: the Commissioner can be given specific written directions by the Minister (s 10(2)); those directions and any resulting reports are tabled in Parliament (s 10(3), s 21). That creates a formal accountability route but also a formal point where the Minister can shape work priorities.\n  - Timetables and conditionalities: the Act contains multiple reporting cycles and conditions (e.g. every 5 years for State of the Environment unless a shorter framework period applies; annual reports on environmental management systems; biennial MSA conservation outcome reports), which increases administrative complexity and scheduling risk (ss 17(1)–(3), 18(1)–(3), 18A(1)–(2)).\n  - Limited direct regulatory effect on private business: the Act mainly creates obligations between the Commissioner and public sector entities (agency cooperation, audits, reports). It does not itself impose operational rules or sanctions on private companies, although its findings can influence later policy or regulatory action.\n\n- Concentration of benefits and diffuse costs: the principal beneficiaries (those who gain clearer environmental information—government decision makers, researchers, and interested community groups) are concentrated relative to the diffuse fiscal and administrative costs borne across the public sector and taxpayers (s 1, ss 17–18A).\n\nKey sections to consult for mechanics: appointment and conditions (s 6); functions and reports (s 8; ss 17–18A); powers to request assistance and information (s 9); Ministerial directions and tabling (s 10); business plan and budget (s 15); public availability (s 21)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained consistent with its original intent of establishing and empowering an independent Commissioner for Environmental Sustainability in Victoria. No significant scope creep or narrowing is evident from the version history provided, though the truncated nature of the source text limits definitive assessment."},"complexity_factors":["Relatively narrow subject matter — establishes a single office and its functions","Limited technical legal machinery compared to regulatory or taxation legislation","Institutional/governance legislation requires understanding of public sector structures","The provided text is heavily truncated, making full analysis difficult — version history metadata dominates over actual legislative content","Minor complexity around independence and accountability mechanisms typical of statutory office-holder legislation"],"plain_english_summary":"The Act creates an independent Commissioner for Environmental Sustainability to monitor Victoria’s environment, investigate sustainability issues and publish regular State of the Environment reports. \n\nIt binds government agencies to cooperate and gives the Commissioner powers, duties and protections to hold officials accountable. The role provides public, independent oversight of environmental management, giving Victorians reliable information about environmental health and government performance."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2003 Act focused primarily on the State of the Environment report and environmental management systems. Through amendments in 2017, 2018, 2019, 2020 and 2021, the scope has expanded significantly to include: Yarra River reporting (2017), Marine and Coastal Environment reports (2018), Biodiversity Strategy reports (2019), MSA conservation outcomes monitoring (2020), and Great Ocean Road coast and parks reporting (2020/2021). The Commissioner has evolved from a general environmental reporter to a specific monitor of multiple distinct statutory schemes."},"complexity_factors":["22 defined terms in section 3, many cross-referencing other Acts (Public Administration Act 2004, Yarra River Protection Act 2017, etc.)","Multiple reporting streams with different timelines: 5-yearly State of Environment, annual environmental management systems, biennial MSA conservation outcomes, and ad hoc reports for marine/coastal and biodiversity","Nested conditions in reporting requirements (e.g., section 17(1)(b) 'if the framework specifies a shorter period')","Amendment history visible throughout text creating fragmented reading experience (though this is presentational rather than substantive complexity)","Specific procedural requirements for tabling documents in Parliament within '10 sitting days' and 12-month response timelines for recommendations","Delegation restrictions (Commissioner cannot delegate the power of delegation itself)"],"plain_english_summary":"This Victorian law creates an independent watchdog called the **Commissioner for Environmental Sustainability** whose job is to keep tabs on Victoria's environment and push for sustainable development.\n\n**What it does:**\n- **Appoints a Commissioner** (and an acting one if needed) for up to 5-year terms to oversee environmental reporting and advocacy.\n- **Requires regular health checks** on Victoria's environment, including:\n  - A **State of the Environment report** every 5 years (or sooner if the framework says so)\n  - Special reports on the **Yarra River** and the **Great Ocean Road coast and parks**\n  - **Environmental management system audits** of government agencies every year\n  - **Biodiversity strategy progress reports** and **Marine and Coastal Environment reports** when requested\n  - Reports every 2 years on **MSA conservation outcomes** (these relate to protecting endangered species and habitats in Melbourne's growth areas)\n\n**Who it affects:**\n- **Government agencies and public authorities** must cooperate with the Commissioner and implement environmental management systems.\n- **The Minister** oversees the Commissioner, approves their business plan, and must table all reports in Parliament.\n- **The public** gets access to all reports and guidelines, which must be published online.\n\n**Why it matters:**\nThe Commissioner acts as an independent voice to ensure the government walks the talk on environmental protection. By forcing regular public reporting and requiring ministerial responses to recommendations, the law creates transparency and accountability. It essentially says: \"You can't manage what you don't measure\"—and makes sure those measurements are public.\n\n**Key concepts explained:**\n- **Ecologically sustainable development**: Development that improves quality of life without wrecking the natural systems we depend on (section 4 spells out principles like not using 'lack of scientific certainty' as an excuse to delay action).\n- **Environmental management systems**: The organisational structures and procedures government bodies use to manage their environmental impact."}},"importantCases":[],"_links":{"self":"/api/acts/commissioner-for-environmental-sustainability-act-2003","history":"/api/acts/commissioner-for-environmental-sustainability-act-2003/history","analysis":"/api/acts/commissioner-for-environmental-sustainability-act-2003/analysis","conflicts":"/api/acts/commissioner-for-environmental-sustainability-act-2003/conflicts","importantCases":"/api/acts/commissioner-for-environmental-sustainability-act-2003/important-cases","documents":"/api/acts/commissioner-for-environmental-sustainability-act-2003/documents"}}