{"id":"a-1993-37","name":"Commissioner for Sustainability and the Environment Act 1993","slug":"commissioner-for-sustainability-and-the-environment-act-1993","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"37 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23292,"registerId":"act-a-1993-37-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commissioner for Sustainability and the Environment Act 1993","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCommissioner for Sustainability and the\nEnvironment Act 1993\nA1993-37\nRepublication No 21\nEffective: 6 December 2025\nRepublication date: 6 December 2025\nLast amendment made by A2025-28\n(republication for amendments by A2025-29)\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Commissioner for Sustainability and the Environment Act 1993\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 6 December 2025. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCommissioner for Sustainability and the\nEnvironment Act 1993\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n2B Objects of Act 2\n3 Entities not necessarily prescribed authorities 3\nPart 2 Office of Commissioner\n4 Commissioner for Sustainability and the Environment 4\n5 Term of office 4\n7 Leave of absence 4\n9 Suspension and removal of commissioner 5\n\nContents\nPage\ncontents 2 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Retirement 6\n11 Delegation by commissioner 6\nPart 3 Functions and powers of commissioner\n12 Functions 7\n13 Complaints 8\n14 Discretion not to investigate certain complaints 8\n14A Complaints made to agencies 10\n14B Decision not to investigate complaint—annual reporting requirement 11\n15 Investigations 11\n16 Power to enter premises 14\n17 Power to obtain information and documents 14\n18 Assistance to commissioner 17\nPart 4 Reports\n19 State of the environment report 19\n20 Information to be included in commissioner’s annual report 21\n21 Special reports 22\n22 Minister to table reports and recommendations 23\nPart 5 Miscellaneous\n23 Information to be included in agency annual reports 24\n24 Commissioner not to be sued 24\n25 Referral to ombudsman 24\n26 Powers of Supreme Court 25\n28 Approved forms 26\n29 Regulation-making power 26\nDictionary 27\nEndnotes\n1 About the endnotes 32\n2 Abbreviation key 32\n\nContents\nPage\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history 33\n4 Amendment history 37\n5 Earlier republications 41\n\n\n\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCommissioner for Sustainability and the\nEnvironment Act 1993\nAn Act to establish the office of commissioner for sustainability and the\nenvironment, and for related matters\n\nPart 1 Preliminary\nSection 1\npage 2 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Commissioner for Sustainability and the Environment\nAct 1993.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this Act.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.\n2B Objects of Act\nThe objects of this Act are to—\n(a) ensure regular and consistent reporting on matters relating to the\ncondition and management of the environment in the Territory;\nand\n(b) ensure regular reporting on progress towards ecologically\nsustainable development by the Territory and territory\nauthorities; and\n(c) encourage decision-making that facilitates ecologically\nsustainable development; and\n(d) enhance knowledge and understanding of issues relating to\necologically sustainable development and the environment; and\n\nPreliminary Part 1\nSection 3\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) encourage sound environmental practices and procedures to be\nadopted by the Territory and territory authorities as a basis for\necologically sustainable development.\n3 Entities not necessarily prescribed authorities\n(1) For this Act, an unincorporated body established under an enactment\nfor the purpose of assisting, or exercising functions connected with,\na prescribed authority is not taken to be a prescribed authority but\naction taken by the body, or by a person for the body, is taken to be\naction by the prescribed authority.\nExamples—bodies\na board, council and committee\nNote Body includes any group of people joined together for a common purpose\n(see Legislation Act, dict, pt 1).\n(2) For this Act, a person is not taken to be a prescribed authority only\nbecause the person holds or performs the duties of a specified office,\nbut any action taken by or for the person is taken to have been taken\nby the agency or body concerned.\nNote Agency includes a prescribed authority (see dictionary).\n(3) In this section:\nspecified office means—\n(a) an office the duties of which the person performs as employment\nduties as an officer of an agency; or\n(b) an office of a member of a body; or\n(c) an office established by an enactment for a prescribed authority;\nor\n(d) an office prescribed by regulation.\n\nPart 2 Office of Commissioner\nSection 4\npage 4 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Office of Commissioner\n4 Commissioner for Sustainability and the Environment\n(1) The Minister must appoint a person as the Commissioner for\nSustainability and the Environment.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) The commissioner holds office on the terms not provided by this Act\nthat are decided in writing.\n5 Term of office\nSubject to this Act, the commissioner must not be appointed for a\nterm of longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n7 Leave of absence\nThe Minister may grant leave of absence to the commissioner on the\nterms and conditions in relation to remuneration or otherwise as the\nMinister decides in writing.\n\nOffice of Commissioner Part 2\nSection 9\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Suspension and removal of commissioner\n(1) The Executive may remove the commissioner from office on an\naddress praying for the commissioner’s removal on the ground of\nmisbehaviour or physical or mental incapacity being presented to the\nExecutive by the Legislative Assembly.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n(2) The Executive may suspend the commissioner from office on the\nground of misbehaviour or physical or mental incapacity.\n(3) If the Executive suspends the commissioner from office, the Minister\nmust present a statement of the grounds of the suspension to the\nLegislative Assembly within 7 sitting days after the day of the\nsuspension.\n(4) If a statement under subsection (3) has been presented to the\nLegislative Assembly, the Legislative Assembly may, within\n15 sitting days after the day the statement was presented to it, by\nresolution, declare that the commissioner should be removed from\noffice and, if the Legislative Assembly passes the resolution, the\nExecutive must remove the commissioner from office.\n(5) If, at the end of 15 sitting days after the day the statement was\npresented, the Legislative Assembly has not passed the resolution, the\nsuspension ends.\n(6) The Executive must end the commissioner's appointment if the\ncommissioner becomes bankrupt or personally insolvent.\nNote Bankrupt or personally insolvent—see the Legislation Act, dictionary,\npt 1.\n(7) The commissioner must not be removed or suspended from office\nexcept as provided by this section.\n\nPart 2 Office of Commissioner\nSection 10\npage 6 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) The suspension of the commissioner from office does not affect any\nentitlement of the commissioner to be paid remuneration and\nallowances.\n10 Retirement\nThe Minister may, in writing with the consent of the commissioner,\nretire the commissioner on the grounds of physical or mental\nincapacity from the date and on the terms and conditions the Minister\ndecides.\n11 Delegation by commissioner\nThe commissioner may delegate to a public servant the\ncommissioner’s functions under this Act.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nFunctions and powers of commissioner Part 3\nSection 12\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Functions and powers of\ncommissioner\n12 Functions\n(1) The commissioner has the following functions:\n(a) investigating complaints about—\n(i) the management of the environment by the Territory or a\nterritory authority; and\n(ii) issues relating to ecologically sustainable development in\nthe ACT;\n(b) conducting investigations as directed by the Minister;\n(c) conducting, on the commissioner’s own initiative,\ninvestigations into actions of an agency where those actions\nwould have a substantial impact on the environment of the ACT;\n(d) preparing a state of the environment report for each reporting\nperiod.\nNote 1 Function includes authority, duty and power (see Legislation Act, dict,\npt 1).\nNote 2 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) The commissioner is not authorised to investigate action taken by—\n(a) a judge or the associate judge; or\n(b) a magistrate or coroner for the ACT; or\n(c) a royal commission under the Royal Commissions Act 1991; or\n(d) a board of inquiry under the Inquiries Act 1991; or\n\nPart 3 Functions and powers of commissioner\nSection 13\npage 8 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) a panel conducting an inquiry under the Planning Act 2023,\ndivision 6.3.9 (EIS inquiry panels); or\n(f) the ombudsman.\n(3) In this section:\nassociate judge means the Master of the Supreme Court under the\nSupreme Court Act 1933, as in force at any time before the day the\nCourts Legislation Amendment Act 2023, section 23 commences.\nNote The Courts Legislation Amendment Act 2023, s 23 omitted the Supreme\nCourt Act 1933, pt 3, which provided for the Master of the Supreme Court\n(known as the Associate Judge).\nreporting period—see section 19 (7).\n13 Complaints\n(1) A person may make a complaint to the commissioner about the\nfollowing:\n(a) the management of the environment by the Territory or a\nterritory authority;\n(b) issues relating to ecologically sustainable development in\nthe ACT.\n(2) A complaint must be made in a way approved by the commissioner.\n14 Discretion not to investigate certain complaints\n(1) This section applies if a person makes a complaint to the\ncommissioner in relation to action taken by an agency.\n(2) The commissioner may decide not to investigate the action or to stop\ninvestigating the action if—\n(a) the commissioner is satisfied that the complainant became aware\nof the action more than 12 months before the day the complaint\nwas made; or\n\nFunctions and powers of commissioner Part 3\nSection 14\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in the commissioner’s opinion—\n(i) the complaint—\n(A) is frivolous or vexatious or was not made in good\nfaith; or\n(B) lacks substance or credibility; or\n(C) was not made genuinely or was made primarily for a\nmischievous purpose; or\n(D) does not contain sufficient information; or\n(ii) the subject matter of the complaint is trivial or unrelated to\nthe commissioner’s functions; or\n(iii) considering all the circumstances, an investigation or\nfurther investigation of the action is not justified; or\n(c) in the commissioner’s opinion—\n(i) the complainant—\n(A) has or had a right to have the action reviewed by a\ncourt or tribunal; but\n(B) has not exercised that right; and\n(ii) in all the circumstances, it is reasonable for the\ncomplainant to exercise, or would have been reasonable for\nthe complainant to have exercised, that right; or\n(d) in the commissioner’s opinion, an administrative practice is\nsuitable for review of the action, and—\n(i) the action has been, is being or will be reviewed under the\nadministrative practice at the complainant’s request; or\n(ii) the commissioner is satisfied that the complainant is\nentitled to have the action reviewed under the\nadministrative practice.\n\nPart 3 Functions and powers of commissioner\nSection 14A\npage 10 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Also, the commissioner may decide not to investigate the action if the\ncomplainant has not complained to the agency in relation to the\naction.\n(4) In this section:\ncomplainant, in relation to a complaint, means—\n(a) the person who made the complaint; or\n(b) if the person made the complaint for another person or a body—\nthe other person or body.\n14A Complaints made to agencies\n(1) This section applies if—\n(a) a person (the complainant) makes a complaint to the\ncommissioner in relation to action taken by an agency; and\n(b) the complainant—\n(i) has complained to the agency in relation to the action; and\n(ii) tells the commissioner that the agency—\n(A) has not responded to the complaint; or\n(B) has responded to the complaint but the complainant\nconsiders the agency’s response unsatisfactory.\n(2) The commissioner must investigate the action if, in the\ncommissioner’s opinion—\n(a) the agency has not responded to the complaint within a\nreasonable period; or\n(b) the agency’s response to the complaint is unsatisfactory.\n\nFunctions and powers of commissioner Part 3\nSection 14B\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14B Decision not to investigate complaint—annual reporting\nrequirement\n(1) This section applies if, in a reporting year, the commissioner decides\nnot to investigate a complaint.\n(2) The commissioner must include details of the decision, including the\nreasons for the decision, in the report for the reporting year prepared\nby the commissioner under the Annual Reports (Government\nAgencies) Act 2004.\n15 Investigations\n(1) The commissioner must, before commencing an investigation under\nthis Act of action taken by an agency, inform the principal officer of\nthe agency that the action is to be investigated.\n(2) The commissioner may from time to time make an arrangement with\nthe principal officer of an agency in relation to the manner in which,\nand the period within which, the commissioner is to inform the\nprincipal officer that the commissioner proposes to investigate action\ntaken by the agency, being action to which the arrangement relates.\n(3) Subject to this part, an investigation must be conducted in private and\nin the way decided by the commissioner.\n(4) If the Minister directs the commissioner to investigate a matter and\nstates in the direction that it would be in the public interest to conduct\na public process for the investigation, the commissioner must arrange\nfor—\n(a) any public consultation or public hearings; and\n(b) the taking of any other measures;\nthat the commissioner considers necessary for the proper conduct of\nthe investigation.\n\nPart 3 Functions and powers of commissioner\nSection 15\npage 12 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) Subject to this Act, the commissioner may, for this Act, obtain\ninformation from any person, and make any inquiries, as the\ncommissioner decides.\n(6) Subject to subsection (7), it is not necessary for the complainant or\nany other person to be afforded an opportunity to appear before the\ncommissioner or any other person in relation to an investigation by\nthe commissioner under this Act.\n(7) The commissioner must not make a report in relation to an\ninvestigation under this Act in which the commissioner sets out\nopinions that are, either expressly or impliedly, critical of an agency\nor person unless, before completing the investigation, the\ncommissioner has—\n(a) if the opinions relate to an agency—given the principal officer\nof the agency and the officer principally concerned in the action\nto which the investigation relates opportunities to appear before\nthe commissioner or before an authorised person, and to make\nany submission, either orally or in writing, in relation to that\naction as they decide; and\n(b) if the opinions relate to a person—given that person an\nopportunity to appear before the commissioner or before an\nauthorised person, and to make any submission, either orally or\nin writing, in relation to the action to which the investigation\nrelates as the person decides.\n(8) If the commissioner gives the principal officer of an agency an\nopportunity to appear before the commissioner or before an\nauthorised person under subsection (7), the principal officer may\nappear in person or a person authorised by the principal officer may\nappear on behalf of the principal officer.\n\nFunctions and powers of commissioner Part 3\nSection 15\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(9) If the commissioner gives a person other than the principal officer of\nan agency an opportunity to appear before the commissioner or before\nan authorised person under subsection (7), the person may, with the\napproval of the commissioner or of the authorised person, be\nrepresented by another person.\n(10) If, in relation to an investigation under this Act, the commissioner\nproposes to give a person an opportunity to appear before the\ncommissioner or before an authorised person and to make any\nsubmission under subsection (7), or proposes to make a requirement\nof a person under section 17—\n(a) if a complaint was made orally in relation to the action and the\ncomplaint has not been put in writing—the complaint must be\nput in writing; and\n(b) the commissioner must, if the commissioner has not previously\ninformed the responsible Minister that the action is being\ninvestigated, inform the Minister accordingly.\n(11) The commissioner may, either before or after the completion of an\ninvestigation under this Act, discuss any matter that is relevant to the\ninvestigation with a Minister concerned with the matter.\n(12) If the commissioner forms the opinion, either before or after\ncompleting an investigation under this Act, that there is evidence that\na person, who is an officer of an agency, has been guilty of a breach\nof duty or of misconduct and that the evidence is, in all the\ncircumstances, of sufficient force to justify doing so, the\ncommissioner must bring the evidence to the notice of—\n(a) for an administrative unit—\n(i) if the person is the principal officer of the administrative\nunit—the Minister responsible for the administrative unit;\nor\n\nPart 3 Functions and powers of commissioner\nSection 16\npage 14 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) if the person is a member of the administrative unit but is\nnot the principal officer—the principal officer of the\nadministrative unit; or\n(b) for a prescribed authority—\n(i) if the person is the principal officer of the authority—\nthe responsible Minister of the authority; or\n(ii) if the person is not the principal officer of the authority—\nthe principal officer of the authority.\n(13) In this section:\ncomplainant, in relation to a complaint—see section 14 (4).\n16 Power to enter premises\n(1) For an investigation under this Act the commissioner or an authorised\nperson may, at any reasonable time of the day, enter any place\noccupied by an agency and may carry on the investigation at that\nplace.\n(2) For an investigation under this Act, an authorised person is entitled to\ninspect any documents relevant to the investigation that are kept at\npremises entered under this section, other than documents to which a\ncertificate under section 17 (6) applies, at a reasonable time of the day\narranged with the principal officer of the agency concerned.\n17 Power to obtain information and documents\n(1) If the commissioner has reason to believe that an agency is capable\nof providing information or producing documents or other records\nrelevant to an investigation under this Act, the commissioner may, by\nwritten notice given to the head of the agency, require the agency, at\nany place, and within any period or on any day and at any time, as is\nstated in the notice—\n(a) to provide to the commissioner the information, in writing; or\n\nFunctions and powers of commissioner Part 3\nSection 17\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) to produce to the commissioner the documents or other records\nas are stated in the notice; or\n(c) to provide to the commissioner the information and to produce\nto the commissioner the documents or other records as are stated\nin the notice.\n(2) If the commissioner has reason to believe that an officer of an agency\nis capable of providing information or producing documents or other\nrecords relevant to an investigation under this Act, or both providing\ninformation and producing documents or other records of that kind,\nbut the commissioner does not know the identity of the officer, the\ncommissioner may, by written notice given to the principal officer of\nthe agency, require the principal officer or a person nominated by the\nprincipal officer, at any place, and within any period or on any day\nand at any time, as is stated in the notice—\n(a) to attend before a person stated in the notice to answer questions\nrelevant to the investigation; or\n(b) to produce to a person stated in the notice the documents or other\nrecords as are stated; or\n(c) to attend before a person stated in the notice to answer questions\nof that kind and to produce to the person stated, the documents\nor other records as are stated.\n(3) If documents or other records are produced to the commissioner in\naccordance with a requirement under subsection (1) or (2) or an order\nunder section 26 (2), the commissioner—\n(a) may take possession of, and may make copies of, or take extracts\nfrom, the documents or other records; and\n(b) may keep the documents or other records for any period\nnecessary for the investigation to which the documents or other\nrecords relate.\n\nPart 3 Functions and powers of commissioner\nSection 17\npage 16 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If a document is kept by the commissioner under subsection (3),\na person who would be entitled to inspect the document, if it were not\nin the possession of the commissioner, may at any reasonable time\ninspect the document.\n(5) If the commissioner has reason to believe that a person is able to give\ninformation relevant to an investigation under this Act, the\ncommissioner may, by written notice given to the person, require the\nperson to attend before a person stated in the notice, on the day and\nat the time and place as are stated in the notice, to answer questions\nrelevant to the investigation.\n(6) If the Minister certifies in writing that the disclosure to the\ncommissioner of information about a stated matter (including the\nproviding of information in answer to a question) or the disclosure to\nthe commissioner of the contents of any documents or records would\nbe contrary to the public interest—\n(a) because it would involve the disclosure of communications\nbetween a Minister and a Commonwealth Minister or a Minister\nof a State or of a Territory, being a disclosure that would\nprejudice relations between the Territory and the\nCommonwealth, between the Territory and a State or between\nthe Territory and another Territory; or\n(b) because it would involve the disclosure of deliberations or\ndecisions of the Executive or of a committee of the Executive;\nthe commissioner is not entitled to require a person to provide any\ninformation about the matter, to answer questions about the matter or\nto produce those documents or records to the commissioner.\n\nFunctions and powers of commissioner Part 3\nSection 18\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) Despite the provisions of any law of the Territory, a person is not\nexcused from providing any information, producing a document or\nother record or answering a question when required to do so under\nthis Act on the ground that the providing of the information, the\nproduction of the document or record or the answer to the question—\n(a) would contravene the provisions of any other law of the\nTerritory, would be contrary to the public interest or might tend\nto incriminate the person or make the person liable to a penalty;\nor\n(b) would disclose legal advice provided to a Minister or an agency;\nbut the information, the document or record produced or the answer\nto the question is not admissible in evidence against the person in\nproceedings other than—\n(c) an application under section 26 (2); or\n(d) a prosecution for an offence against the Criminal Code, part 3.4\n(False or misleading statements, information and documents) or\nsection 361 (Obstructing Territory public official).\n(8) A person is not liable to any penalty under the provisions of any other\nlaw of the Territory because of the person having provided\ninformation, produced a document or other record or answered a\nquestion when required to do so under this Act.\n18 Assistance to commissioner\nIf—\n(a) the commissioner requests in writing that the principal officer of\nan agency provide information for use in preparing a state of the\nenvironment report; and\n(b) the agency does not provide that information within a reasonable\ntime;\n\nPart 3 Functions and powers of commissioner\nSection 18\npage 18 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthe principal officer must, at the written request of the commissioner,\nmake staff available for a period of not more than 3 months to assist\nthe commissioner in the preparation of the report.\n\nReports Part 4\nSection 19\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Reports\n19 State of the environment report\n(1) The commissioner must, no later than the reporting day, give a state\nof the environment report to the Minister for each reporting period.\n(2) A state of the environment report must include—\n(a) an assessment of the condition of the environment, including an\nassessment of any of the following matters that the\ncommissioner considers necessary:\n(i) the components of the earth, including soil, the atmosphere\nand water;\n(ii) any organic or inorganic matter and any living organism;\n(iii) human made or modified structures and areas;\n(iv) ecosystems and their constituent parts, including people\nand communities;\n(v) the qualities and characteristics of places and areas that\ncontribute to their biological diversity and ecological\nintegrity, scientific value and amenity;\n(vi) the interactions and interdependencies within and between\nthe things mentioned in subparagraphs (i) to (v);\n(vii) the social, aesthetic, cultural and economic conditions that\naffect, or are affected by, the things mentioned in\nsubparagraphs (i) to (v);\n(b) an evaluation of the adequacy and effectiveness of\nenvironmental management, including an assessment about the\ndegree of compliance with national environment protection\nmeasures made by the National Environment Protection\nCouncil; and\n\nPart 4 Reports\nSection 19\npage 20 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) an assessment of pressures and sustainability trends; and\n(d) an evaluation of the effectiveness of sustainability plans; and\n(e) any other matters, whether or not occurring within the triennium\nto which the report relates, that—\n(i) the Minister states in written notice given to the\ncommissioner; or\n(ii) the commissioner considers relevant.\n(3) The Minister must, within 6 months after the day the Minister\npresents a state of the environment report to the Legislative Assembly\nunder section 22, present to the Legislative Assembly a statement that\nsets out the response of the government to the report.\n(4) The commissioner must, within 12 months after the day the Minister\npresents a state of the environment report to the Legislative Assembly\nunder section 22, give the Minister a recommendation about—\n(a) the day on which the period to be covered by the next state of\nthe environment report should end; and\n(b) the reporting day, for that period, by which the next state of the\nenvironment report should be given to the Minister.\n(5) The Minister must, after considering the commissioner’s\nrecommendation, determine—\n(a) a reporting period that must—\n(i) begin on the day after the end of the period covered by the\nprevious state of the environment report; and\n(ii) be not more than 4 years; and\n(b) a reporting day for the period that must be no less than 3 and no\nmore than 6 months after the end of the reporting period.\n\nReports Part 4\nSection 20\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) A determination under subsection (5) is a disallowable instrument.\n(7) In this section:\nNational Environment Protection Council means the National\nEnvironment Protection Council established by the National\nEnvironment Protection Council Act 1994, section 7.\nreporting day, for a reporting period, means the day determined by\nthe Minister under subsection (5) for that period.\nreporting period means the period determined by the Minister under\nsubsection (5).\nsustainability plan means a plan that—\n(a) includes a sustainability goal; and\n(b) is a disallowable instrument.\n20 Information to be included in commissioner’s annual\nreport\nA report prepared by the commissioner under the Annual Reports\n(Government Agencies) Act 2004 for a reporting year must include\ndetails of—\n(a) any special factor that the commissioner believes had a\nsignificant impact on the environment during the year; and\n(b) measures taken during the year by or for the Territory in relation\nto the implementation of any recommendation in a state of the\nenvironment report or a special report; and\n(c) any recommendation in a report mentioned in paragraph (b) that\nthe commissioner believes is still to be implemented or fully\nimplemented.\n\nPart 4 Reports\nSection 21\npage 22 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Special reports\n(1) If—\n(a) the Minister has directed the commissioner to conduct an\ninvestigation; or\n(b) the commissioner has initiated and conducted an investigation\ninto an issue of environmental significance to the Territory;\nthe commissioner must—\n(c) prepare a special report on the investigation; and\n(d) within 28 days after the day of completion of the report, give the\nreport to the Minister.\n(2) For a special report required by the Minister under subsection (1) (a),\nthe Minister must—\n(a) for a report about a matter for which the Minister is\nresponsible—within 6 months after the day of receiving the\nreport, present to the Legislative Assembly a statement that sets\nout the response of the government to the report; or\n(b) for a report about a matter for which another Minister is\nresponsible—within 10 working days after the day of receiving\nthe report, give the report to the Minister responsible for the\nmatter; or\n(c) for a report about a matter for which the Minister and another\nMinister are responsible—within 6 months after the day of\nreceiving the report, in consultation with the other Minister,\npresent to the Legislative Assembly a statement that sets out the\nresponse of the government to the report.\n\nReports Part 4\nSection 22\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) For a special report given to a Minister responsible for the matter\nunder subsection (2) (b), the Minister responsible for the matter must,\nwithin 6 months after the day of receiving the report, present to the\nLegislative Assembly a statement that sets out the response of the\ngovernment to the report.\n(4) In this section:\nadministrative arrangements means a determination made under the\nPublic Sector Management Act 1994, section 14 (1).\nmatter, for which a Minister is responsible, means a matter mentioned\nin the administrative arrangements, for which responsibility is\nallocated to a Minister.\n22 Minister to table reports and recommendations\nThe Minister must, within 6 sitting days after the day of receiving a\nstate of the environment report, a special report or a recommendation\nunder section 19 (4), present the report or recommendation to the\nLegislative Assembly.\n\nPart 5 Miscellaneous\nSection 23\npage 24 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n23 Information to be included in agency annual reports\nA report prepared by an agency under the Annual Reports\n(Government Agencies) Act 2004 for a reporting year must include\ndetails of—\n(a) any request under section 18 (Assistance to commissioner)\nreceived by the agency during the year; and\n(b) any assistance provided by the agency during the year in\nresponse to the request; and\n(c) any investigation by the commissioner during the year in\nrelation to any activity of the agency; and\n(d) any recommendation made by the commissioner during the year\nfollowing an investigation of the agency’s activities; and\n(e) any action the agency has taken during the year in relation to the\nrecommendation.\n24 Commissioner not to be sued\nNeither the commissioner, a person to whom the commissioner has\ndelegated any of the commissioner’s powers, nor a person acting\nunder the commissioner’s direction or authority is liable to an action,\nsuit or proceeding in relation to any act done or omitted to be done\nhonestly in the exercise or purported exercise of any power or\nauthority under this Act.\n25 Referral to ombudsman\nIf the commissioner forms the opinion that a complaint falls within\nthe jurisdiction of the ombudsman, the commissioner must, whether\nor not the commissioner has commenced an investigation, refer the\ncomplaint, together with relevant documents and information, to the\nombudsman.\n\nMiscellaneous Part 5\nSection 26\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Powers of Supreme Court\n(1) If a question in relation to the exercise of a power, or the performance\nof a function, of the commissioner by or under this Act or any other\nenactment arises between the commissioner and the principal officer\nof any agency that is affected by that exercise or performance, the\ncommissioner or the principal officer of the agency may, subject to\nsubsections (3) and (4), make an application to the Supreme Court for\na determination of the question.\n(2) If a person fails to comply with a requirement made by the\ncommissioner by notice under section 17 to provide information, to\nproduce documents or other records or to attend before the\ncommissioner to answer questions, the commissioner may make an\napplication to the Supreme Court for an order directing that person to\nprovide the information, to produce the documents or other records,\nor to attend before the commissioner to answer questions, at any\nplace, and within any period or on any day and at any time, as is stated\nin the order.\n(3) The commissioner must not make an application to the Supreme\nCourt under this section unless the commissioner has informed the\nresponsible Minister of the agency concerned in writing of the\nreasons for the proposed application.\n(4) The principal officer of an agency must not make an application to\nthe Supreme Court under subsection (1) unless the principal officer\nhas informed the responsible Minister of the agency in writing of the\nreasons for the proposed application.\n(5) The Supreme Court has jurisdiction in relation to matters arising\nunder this section for which applications are made to the Supreme\nCourt.\n\nPart 5 Miscellaneous\nSection 28\npage 26 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Approved forms\n(1) The commissioner may approve forms for this Act (other than for\nsection 26).\n(2) If the commissioner approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n29 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• bankrupt or personally insolvent\n• body\n• coroner\n• Executive\n• exercise\n• function\n• head of service\n• judge\n• magistrate\n• Minister (see s 162)\n• ombudsman\n• public servant\n• sitting day\n• territory authority\n• the Territory\n• tribunal.\nagency means an administrative unit or a prescribed authority.\nauthorised person means a person appointed by the commissioner to\nbe an authorised person for this Act.\ncommissioner means the Commissioner for Sustainability and the\nEnvironment appointed under section 4.\n\nDictionary\npage 28 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\necologically sustainable development means the effective integration\nof economic and environmental considerations in decision-making\nprocesses achievable through implementation of the following\nprinciples:\n(a) the precautionary principle;\n(b) the inter-generational equity principle;\n(c) conservation of biological diversity and ecological integrity;\n(d) improved valuation and pricing of environmental resources.\nlaw of the Territory includes part of such a law.\nofficer means—\n(a) in relation to an administrative unit—\n(i) a public servant (including the principal officer of that\nadministrative unit) who is a member of that administrative\nunit; or\n(ii) any other person (other than a Minister) authorised to\nexercise functions for that administrative unit by the\nprincipal officer of that administrative unit; and\nNote Function includes authority, duty and power (see Legislation Act, dict,\npt 1).\n(b) in relation to a prescribed authority—\n(i) the person who constitutes, or is acting as the person who\nconstitutes, the authority; or\n(ii) a person who is, or is acting as, a member of the authority\nor is a deputy of such a member; or\n(iii) a person who is employed in the service of, or is a member\nof the staff of, the authority, whether or not the person is\nemployed by the authority; or\n(iv) a person authorised by the authority to exercise any\nfunctions of the authority for the authority.\n\nDictionary\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprescribed authority means—\n(a) a body corporate, or an unincorporated body, established for a\npublic purpose under a law of the Territory other than—\n(i) an incorporated company or association; or\n(ii) a body that, under section 3 (1) (Entities not necessarily\nprescribed authorities) or a regulation, is not a prescribed\nauthority for this Act; or\n(b) any other body, whether incorporated or unincorporated, that is\ndeclared by regulation to be a prescribed authority for this Act,\nbeing—\n(i) a body established by the Executive or by a Minister; or\n(ii) an incorporated company or association over which the\nTerritory is in a position to exercise control; or\n(c) subject to section 3 (2), the person holding or performing the\nduties of an office, other than the office of ombudsman,\nestablished by a law of the Territory; or\n(d) a person holding, or performing the duties of, an office declared\nby regulation to be an office the holder of which is a prescribed\nauthority for this Act, being an office created by the Executive\nor by a Minister other than under a law of the Territory.\nprincipal officer means—\n(a) in relation to an administrative unit—the head of service or the\ndirector-general of that unit; or\n(b) in relation to a prescribed authority—\n(i) if a regulation declares an office to be the principal office\nin relation to the authority—the person holding, or\nperforming the duties of, that office; or\n\nDictionary\npage 30 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) in any other case—the person who constitutes that\nauthority or a person acting in the person’s office or, if the\nauthority is constituted by 2 or more people, the person\nwho is entitled to preside at any meeting of the authority at\nwhich the person is present or a person acting in the\nperson’s office.\nreporting year—see the Annual Reports (Government Agencies)\nAct 2004, dictionary.\nresponsible Minister, in relation to an agency, means—\n(a) subject to paragraphs (b) and (c), the Minister who is responsible\nfor that agency; or\n(b) in relation to a prescribed authority mentioned in the definition\nof prescribed authority, paragraph (c)—the Minister\nadministering the law of the Territory concerned; or\n(c) in relation to a prescribed authority mentioned in the definition\nof prescribed authority, paragraph (b) or (d)—the Minister\ndeclared by regulation to be the responsible Minister in relation\nto that authority;\nor another Minister acting for that Minister.\nspecial report means a report prepared by the commissioner under\nsection 21.\nstate of the environment report means a report prepared by the\ncommissioner under section 19.\nthe inter-generational equity principle means that the present\ngeneration should ensure that the health, diversity and productivity of\nthe environment is maintained or enhanced for the benefit of future\ngenerations.\n\nDictionary\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthe precautionary principle means that, if there is a threat of serious\nor irreversible environmental damage, a lack of full scientific\ncertainty should not be used as a reason for postponing measures to\nprevent environmental degradation.\n\nEndnotes\n1 About the endnotes\npage 32 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Commissioner for Sustainability and the Environment Act 1993 was originally\nthe Commissioner for the Environment Act 1993. It was renamed by the\nCommissioner for the Environment Amendment Act 2012 A2012-25 (see s 5).\nCommissioner for Sustainability and the Environment Act 1993\nA1993-37\nnotified 29 June 1993 (Gaz 1993 No S111)\ns 1, s 2 commenced 29 June 1993 (s 2 (1))\nss 3-18 and ss 20-28 commenced 1 July 1993 (s 2 (2) and Gaz 1993\nNo S129)\nremainder (s 19) commenced 29 December 1993 (s 2 (3))\nas amended by\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 17\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 17 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nAnnual Reports (Government Agencies) (Consequential Provisions)\nAct 1995 A1995-25 sch\nnotified 5 September 1995 (Gaz 1995 No S212)\nsch commenced 5 September 1995 (s 2)\nOmbudsman (Amendment) Act 1996 A1996-17 s 11\nnotified 1 May 1996 (Gaz 1996 No S71)\ncommenced 1 May 1996 (s 2)\nCommissioner for the Environment (Amendment) Act 1997 A1997-29\nnotified 16 July 1997 (Gaz 1997 No S185)\ncommenced 16 July 1997 (s 2)\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ncommenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)\n\nEndnotes\n3 Legislation history\npage 34 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nCommissioner for the Environment Amendment Act 2000 A2000-73\nnotified 21 December 2000 (Gaz 2000 No S69)\ncommenced 21 December 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 67\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 67 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 1.1, amdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 1.1 commenced 17 January 2003 (s 2 (1))\namdt 3.222 taken to have commenced 24 September 1997 (s 2 (3))\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.7\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.7 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.18\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.18 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.20\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.20 commenced 12 April 2007 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.7\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.7 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.15\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.15 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2010 A2010-18 sch 1 pt 1.4\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 1 pt 1.4 commenced 3 June 2010 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.30\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.30 commenced 1 July 2011 (s 2 (1))\nCommissioner for the Environment Amendment Act 2012 A2012-25\nnotified LR 28 May 2012\ns 1, s 2 commenced 28 May 2012 (LA s 75 (1))\nremainder commenced 29 May 2012 (s 2)\nCourts Legislation Amendment Act 2015 A2015-10 pt 4\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 4 commenced 21 April 2015 (s 2 (2))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.13\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.13 commenced 1 September 2016 (s 2)\n\nEndnotes\n3 Legislation history\npage 36 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPlanning and Environment Legislation Amendment Act 2019\nA2019-20 pt 2\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 2 commenced 9 August 2019 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.13\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.13 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.1\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.1 commenced 30 September 2023 (s 2)\nPlanning and Environment Legislation Amendment Act 2024\nA2024-21 pt 3, sch 1 pt 1.1\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\npt 3, sch 1 pt 1.1 commenced 31 May 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.34\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.34 commenced 6 December 2025 (s 2 (5))\nEnvironment Legislation Amendment Act 2025 A2025-28 pt 5\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 5 commenced 26 November 2025 (s 2)\n\nEndnotes\nAmendment history 4\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nlong title am A2012-25 s 4\nName of Act\ns 1 sub A2007-3 amdt 3.93; A2012-25 s 5\nDictionary\ns 2 om A2001-44 amdt 1.765\nins A2007-3 amdt 3.97\nNotes\ns 2A ins A2007-3 amdt 3.97\nObjects of Act\ns 2B ins A2012-25 s 6\nEntities not necessarily prescribed authorities\ns 3 defs reloc to dict A2007-3 amdt 3.96\nsub A2007-3 amdt 3.97\ndef Department om A1994-38 sch 1 pt 17\ndef Ombudsman om A1996-17 s 11\nCommissioner for Sustainability and the Environment\ns 4 hdg sub A2012-25 s 7\ns 4 sub A2007-3 amdt 3.98\nam A2012-25 s 8\nTerm of office\ns 5 sub A2007-3 amdt 3.98\nRemuneration and allowances\ns 6 om A1997-41 sch 1\nResignation\ns 8 om A2007-3 amdt 3.99\nSuspension and removal of commissioner\ns 9 am A2007-3 amdt 3.100, amdt 3.101; A2010-18 amdt 1.9\nDelegation by commissioner\ns 11 sub A2007-3 amdt 3.102\nFunctions\ns 12 am A2007-25 amdt 1.32; A2009-20 amdt 3.35, amdt 3.36;\nA2012-25 s 9; A2015-10 s 15; A2023-37 amdt 1.1, amdt 1.2;\nA2023-36 amdt 1.84; A2024-21 s 5, s 6\nComplaints\ns 13 sub A2001-44 amdt 1.766\nam A2012-25 s 10; A2025-29 amdt 4.34\n\nEndnotes\n4 Amendment history\npage 38 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDiscretion not to investigate certain complaints\ns 14 am A1995-25 sch; A2004-9 amdt 1.8\nsub A2024-21 s 7\nComplaints made to agencies\ns 14A ins A2024-21 s 7\nDecision not to investigate complaint—annual reporting requirement\ns 14B ins A2024-21 s 7\nInvestigations\ns 15 am A1994-38 sch 1 pt 17; A1997-29; ss renum R3 LA;\nA2024-21 amdt 1.1\nPower to obtain information and documents\ns 17 am A2004-15 amdt 2.44\nAssistance to commissioner\ns 18 am A1994-38 sch 1 pt 17\nState of the environment report\ns 19 sub A1997-29\nam A2000-73 s 4; A2001-44 amdt 1.767; A2009-20 amdt 3.37;\nA2012-25 ss 11-13; A2024-21 s 8; A2025-28 s 16; A2025-29\namdt 4.34\nInformation to be included in commissioner’s annual report\ns 20 om A1995-25 sch\nins A1997-29\nsub A2004-9 amdt 1.9\nam A2024-21 ss 9-11\nSpecial reports\ns 21 am A1997-29; A2012-25 s 14; A2019-20 s 4\nMinister to table reports and recommendations\ns 22 am A1995-25 sch\nsub A2000-73 s 5\nam A2012-25 s 15; A2024-21 s 12\nInformation to be included in agency annual reports\ns 23 sub A1995-25 sch; A2004-9 amdt 1.10\nam A2024-21 s 13, s 14\nCommissioner not to be sued\ns 24 am A2024-21 amdt 1.2\nReferral to ombudsman\ns 25 am A1997-29\n\nEndnotes\nAmendment history 4\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOffences\ns 27 am A1998-54 sch\nom A2004-15 amdt 2.45\nApproved forms\ns 28 sub A2001-44 amdt 1.768\nam A2025-29 amdt 4.34\nRegulation-making power\ns 29 ins A2001-44 amdt 1.768\nam A2025-29 amdt 4.34\nValidation\npt 6 hdg ins A2002-49 amdt 1.1\nexp 17 January 2003 (s 32)\nValidation of appointment\ns 30 ins A2002-49 amdt 1.1\nexp 17 January 2003 (s 32)\nValidation of acts, rights and obligations\ns 31 ins A2002-49 amdt 1.1\nexp 17 January 2003 (s 32)\nExpiry of pt 6\ns 32 ins A2002-49 amdt 1.1\nexp 17 January 2003 (s 32)\nDictionary\ndict ins A2007-3 amdt 3.103\nam A2010-18 amdt 1.10; A2012-25 s 16; A2016-52 amdt 1.48;\nA2023-37 amdt 1.3; A2024-21 s 15, s 16\ndef agency am A1994-38 sch 1 pt 17\nreloc from s 3 A2007-3 amdt 3.96\ndef authorised person reloc from s 3 A2007-3 amdt 3.96\ndef commissioner reloc from s 3 A2007-3 amdt 3.96\nsub A2012-25 s 17\ndef ecologically sustainable development ins A2012-25\ns 18\ndef law of the Territory reloc from s 3 A2007-3 amdt 3.96\ndef officer am A1994-38 sch 1 pt 17\nreloc from s 3 A2007-3 amdt 3.96\ndef pre-election year ins A1997-29 s 4\nreloc from s 3 A2007-3 amdt 3.96\nom A2024-21 s 17\ndef prescribed authority am A2007-3 amdt 3.94, amdt 3.95\nreloc from s 3 A2007-3 amdt 3.96\n\nEndnotes\n4 Amendment history\npage 40 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef principal officer am A1996-17 s 11\nreloc from s 3 A2007-3 amdt 3.96\nam A2011-22 amdt 1.96; A2016-52 amdt 1.49\ndef reporting year ins A2024-21 s 18\ndef responsible Minister reloc from s 3 A2007-3 amdt 3.96\ndef special report ins A2024-21 s 18\ndef state of the environment report ins A2024-21 s 18\ndef the inter-generational equity principle ins A2012-25\ns 19\ndef the precautionary principle ins A2012-25 s 19\n\nEndnotes\nEarlier republications 5\nR21\n06/12/25\nCommissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1994-38 31 January 1995\n2 A1997-41 31 December 1997\n3 A2001-44 15 January 2002\n4 A2002-49 17 January 2003\n5 A2002-49 18 January 2003\n5 (RI) A2002-49 ‡ 6 February 2003\n6 A2004-15 9 April 2004\n7 A2004-15 13 April 2004\n8 A2007-3 12 April 2007\n9* A2007-25 31 March 2008\n10 A2009-20 22 September 2009\n11 A2010-18 3 June 2010\n12 A2011-22 1 July 2011\n13 A2012-25 29 May 2012\n14 A2015-10 21 April 2015\n15 A2016-52 1 September 2016\n16 A2019-20 9 August 2019\n17 A2023-37 30 September 2023\n18 A2023-37 27 November 2023\n\nEndnotes\n5 Earlier republications\npage 42 Commissioner for Sustainability and the Environment\nAct 1993\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication No Amendments to Republication date\n19 A2024-21 31 May 2024\n20 A2025-28 26 November 2025\n‡ includes retrospective amendments by A2002-49\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Scope has expanded since 1993. The office was renamed and its remit expressly includes ecologically sustainable development (see s 12(1)(a)(ii); definition added in the dictionary). New complaint handling duties and thresholds (s 14A inserted), obligations for agencies to assist with state‑of‑the‑environment reporting including staff secondments (s 18), and added agency reporting items (s 23) broaden the Commissioner’s operational reach. The Minister’s role in setting reporting periods and directing public processes (s 19(5), s 15(4)) also alters procedural scope compared with the original Act (amendments noted in the amendment history, e.g. A2012‑25, A2024‑21, A2025‑28)."},"complexity_factors":["Appointment, tenure, suspension and removal rules create defined procedural safeguards and Executive/Assembly roles (ss 4–5, 9).","Broad investigatory discretion with multiple gateways to decline or stop inquiries (s 12, s 14) and a specific duty to investigate when agency complaints go unanswered or are unsatisfactory (s 14A).","Detailed investigation procedure: requirement to notify principal officers (s 15(1)), private conduct of investigations with limited public processes when Minister directs (s 15(3)–(4)), and procedural fairness before publishing critical opinions (s 15(7)–(10)).","Compulsory information and production powers, attendance requirements, possession and copying of documents, and limits on admissibility and privilege (s 17(1)–(7)).","Ministerial certificate excluding matters from disclosure on public‑interest grounds (s 17(6)), giving significant executive discretion over access to some material.","Power to enter agency premises and inspect relevant documents (s 16) combined with ability to seek Supreme Court enforcement for non‑compliance (s 26).","Obligations on agencies to provide assistance and short‑term staff secondments for state‑of‑the‑environment reporting (s 18), and additional agency annual report disclosure requirements (s 23).","Statutory protections for the Commissioner and delegates against civil suits for honest exercise of powers (s 24), and interaction/exclusions with other bodies (judiciary, ombudsman, royal commissions, EIS panels) (s 12(2)).","Interlocking reporting architecture: Commissioner reports, Minister must table reports and respond within set timeframes, and Minister determines reporting periods (s 19–22).","Extensive amendment history and cross‑references to other Acts (Planning Act, Annual Reports Act, Legislation Act) increase interpretive complexity."],"plain_english_summary":"Creates an independent Commissioner who investigates how Territory agencies manage the environment, conducts Minister‑directed or self‑initiated inquiries, can compel information and staff assistance, and must prepare state‑of‑the‑environment and special reports. It affects Territory administrative units, prescribed authorities, Ministers and people who make complaints. The Minister appoints the Commissioner and may direct public processes; agencies must respond or face compulsion and reporting obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted as the Commissioner for the Environment Act 1993, the legislation was significantly expanded by the 2012 amendments (A2012-25). The title changed to include 'Sustainability,' and the objects clause (s 2B) was added to explicitly cover 'ecologically sustainable development'—integrating economic, social, and environmental factors—rather than purely environmental protection. The 2024 amendments (A2024-21) further expanded the complaint-handling framework, adding mandatory investigation requirements (s 14A) and annual reporting of decisions not to investigate (s 14B), shifting the Commissioner from a primarily reporting body to a more active investigative and accountability mechanism."},"complexity_factors":["Moderate cross-referencing to the Legislation Act 2001 for definitions and procedural rules (e.g., appointments, delegations, disallowable instruments)","Multiple defined terms in the Dictionary (approximately 15-20 specific to this Act, plus reliance on Legislation Act definitions)","Conditional logic in complaint handling: mandatory investigation triggers in s 14A vs discretionary refusal grounds in s 14","Nested exceptions in information-gathering powers (s 17(6)-(8)): public interest certificates override compulsion, but protections against self-incrimination are partially preserved","Complex reporting timelines with multiple deadlines and Ministerial response requirements (ss 19, 21, 22)","Interaction with other statutes (Annual Reports Act, Ombudsman Act, Planning Act, Criminal Code) requiring external knowledge"],"plain_english_summary":"The Act creates an independent Commissioner for Sustainability and the Environment to watchdog how the ACT Government and its agencies manage the environment and pursue sustainability. The Commissioner can investigate public complaints and launch own‑initiative probes, compel agency cooperation and information, and publish periodic State of the Environment and special reports.\n\nIt applies to ACT agencies, gives the public a formal review avenue, requires ministerial responses, and strengthens transparency and accountability by broadening the role to include sustainability."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/commissioner-for-sustainability-and-the-environment-act-1993","history":"/api/acts/commissioner-for-sustainability-and-the-environment-act-1993/history","analysis":"/api/acts/commissioner-for-sustainability-and-the-environment-act-1993/analysis","conflicts":"/api/acts/commissioner-for-sustainability-and-the-environment-act-1993/conflicts","importantCases":"/api/acts/commissioner-for-sustainability-and-the-environment-act-1993/important-cases","documents":"/api/acts/commissioner-for-sustainability-and-the-environment-act-1993/documents"}}