{"id":"nsw:act-1998-082","name":"Environmental Trust Act 1998","slug":"environmental-trust-act-1998","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"82 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105251,"registerId":"nsw-act-1998-082-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Environmental Trust Act 1998](/view/html/inforce/current/act-1998-082).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> Aboriginal person has the same meaning as in the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042).\n> \n> exercise a function includes perform a duty.\n> \n> financial year means the year ending on 30 June.\n> \n> function includes a power, authority or duty.\n> \n> grant means a grant made from the Trust Fund under this Act, but does not include amounts expended for clean-up action under section 16.\n> \n> Trust means the Environmental Trust established by this Act.\n> \n> Trust Fund means the Environmental Trust Fund established by this Act.\n> \n> **s 3:** Am 2024 No 68, Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act subject to Forestry Restructuring and Nature Conservation Act 1995","content":"#### 4 Act subject to Forestry Restructuring and Nature Conservation Act 1995\n\n4 Act subject to [Forestry Restructuring and Nature Conservation Act 1995](/view/html/inforce/current/act-1995-050)\n\n> This Act is subject to the [Forestry Restructuring and Nature Conservation Act 1995](/view/html/inforce/current/act-1995-050).","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Environmental Trust","content":"# Part 2 Environmental Trust\n\nPart 2 Environmental Trust","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Trust","content":"#### 5 Constitution of Trust\n\n5 Constitution of Trust\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the Environmental Trust.\n> \n> > (2) The Trust has the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (3) The Trust is, for the purposes of any Act, a statutory body representing the Crown.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Membership and procedure of Trust","content":"#### 6 Membership and procedure of Trust\n\n6 Membership and procedure of Trust\n\n> > (1) The Trust is to consist of 6 members.\n> \n> > (2) The members of the Trust are—\n> > \n> > > (a) the Minister, who is to be the Chairperson of the Trust, and\n> > \n> > > (b) the Secretary of the Treasury, and\n> > \n> > > (c) the Secretary of the Department of Climate Change, Energy, the Environment and Water, and\n> > \n> > > (d) a person appointed by the Minister from a panel of 3 persons nominated by the Nature Conservation Council, and\n> > \n> > > (e) a person appointed by the Minister from a panel of 3 persons nominated by the Local Government and Shires Association of New South Wales, and\n> > \n> > > (f) an Aboriginal person appointed by the Minister.\n> \n> > (3) Schedule 1 has effect with respect to the Trust.\n> \n> **s 6:** Am 2013 No 111, Sch 2.4; 2015 No 58, Sch 3.32 \\[1\\]; 2024 No 68, Sch 1\\[2\\]–\\[4\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Objects of Trust","content":"#### 7 Objects of Trust\n\n7 Objects of Trust\n\n> The objects of the Trust are as follows—\n> \n> > (a) to encourage and support restoration and rehabilitation projects in both the public and the private sectors that will or are likely to prevent or reduce pollution, the waste-stream or environmental degradation, of any kind, within any part of New South Wales,\n> \n> > (b) to promote research in both the public and the private sectors into environmental problems of any kind and, in particular, to encourage and support—\n> > \n> > > (i) research into and development of local solutions to environmental problems, and\n> > \n> > > (ii) discovery of new methods of operation for New South Wales industries that are less harmful to the environment, and\n> > \n> > > (iii) research into general environmental problems, and\n> > \n> > > (iv) assessment of environmental degradation,\n> \n> > (c) to promote environmental education and, in particular, to encourage the development of educational programs in both the public and the private sectors that will increase public awareness of environmental issues of any kind,\n> \n> > (d) to fund the acquisition of land for national parks and other categories of dedicated and reserved land for the national parks estate,\n> \n> > (e) to fund the declaration of areas for marine parks and for related purposes,\n> \n> > (f) to promote waste avoidance, resource recovery and waste management (including funding enforcement and regulation and local government programs),\n> \n> > (g) to fund environmental community groups,\n> \n> > (h) to fund the purchase of water entitlements for the purposes of increasing environmental flows for the State’s rivers and restoring or rehabilitating major wetlands.\n> \n> **s 7:** Am 2005 No 56, Sch 12.1.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Functions of Trust","content":"#### 8 Functions of Trust\n\n8 Functions of Trust\n\n> The Trust may, for the purpose of promoting its objects—\n> \n> > (a) make grants (either unconditionally or subject to conditions) for projects, matters or purposes of a kind described in section 7, and\n> \n> > (b) supervise the expenditure of money so granted, and\n> \n> > (c) expend money as authorised by section 16 (Special provision for pollution clean-up costs), and\n> \n> > (d) engage in such other activities relating to its objects as the Minister may approve.\n> \n> **s 8:** Am 2002 No 53, Sch 1.8 \\[1\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Committees of Trust","content":"#### 9 Committees of Trust\n\n9 Committees of Trust\n\n> > (1) The Trust is to establish Technical Review Committees.\n> \n> > (2) Each Technical Review Committee is to include at least one representative of community groups and at least one representative of industry.\n> \n> > (3) The Trust may establish other committees to assist it in connection with the exercise of any of its functions.\n> \n> > (4) The members of a committee need not be members of the Trust.\n> \n> > (5) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Trust or (subject to any determination of the Trust) by the committee.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Staff of Trust","content":"#### 10 Staff of Trust\n\n10 Staff of Trust\n\n> > (1) The Trust may, with the approval of the Minister, arrange for the use of the services of any staff or facilities of a government department or public authority.\n> \n> > (2) For the purposes of this Act, a person whose services are made use of under this section is an officer of the Trust.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Delegation by Trust","content":"#### 11 Delegation by Trust\n\n11 Delegation by Trust\n\n> The Trust may delegate to a member, committee or officer of the Trust the exercise of any of its functions, other than this power of delegation.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Grants","content":"# Part 3 Grants\n\nPart 3 Grants","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Minimum annual grants for different areas","content":"#### 12 Minimum annual grants for different areas\n\n12 Minimum annual grants for different areas\n\n> The Trust is to ensure that the total amount of grants for each of the following areas during a financial year is not less than the amount specified in respect of that area—\n> \n> > (a) grants to community organisations to encourage and support restoration and rehabilitation projects—$1 million,\n> \n> > (b) grants to community organisations, universities and research institutes to promote research—$0.5 million,\n> \n> > (c) grants to community organisations to promote environmental education—$0.5 million.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Program for annual grants","content":"#### 13 Program for annual grants\n\n13 Program for annual grants\n\n> > (1) Grants by the Trust for any financial year are to be made in accordance with a grants program determined by the Trust in accordance with the requirements of this Act.\n> \n> > (2) A grants program must identify the policies of the Trust for determining grants, including—\n> > \n> > > (a) priorities for funding, and\n> > \n> > > (b) amounts available for grants in different program areas, and\n> > \n> > > (c) limits on the size of individual grants.\n> \n> > (3) More than one grants program may be determined in respect of a financial year.\n> \n> > (4) The Trust must publish information about each grants program in a manner that the Trust is satisfied is likely to bring the information to the attention of organisations and persons who may be interested in applying for grants.\n> \n> **s 13:** Am 2018 No 25, Sch 2.8.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Technical assessment of grant applications","content":"#### 14 Technical assessment of grant applications\n\n14 Technical assessment of grant applications\n\n> > (1) The Trust is to refer each application for a grant to a Technical Review Committee of the Trust.\n> \n> > (2) The Committee is to assess the practicability and overall worthiness of each application referred to it and provide the Trust with its assessment.\n> \n> > (3) A member of a Committee may nominate another person to take the member’s place in assessing a particular application if the member considers that the nature of the application requires the expertise of that other person.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Provisions relating to grants","content":"#### 15 Provisions relating to grants\n\n15 Provisions relating to grants\n\n> > (1) Grants may be made to any person, including to any individual, corporation or organisation.\n> \n> > (2) Each grant is to be made subject to a condition that the grant is to be expended within 3 years after it is made.\n> \n> > (3) Each grant is subject to any relevant condition prescribed by the regulations and such other conditions as are specified by the Trust by notice in writing to the grantee on or after the making of the grant.\n> \n> > (3A) The Trust may, by further notice in writing to the grantee, vary any condition to which the grant is subject (other than a condition prescribed by the regulations), including any condition previously varied under this subsection.\n> \n> > (4) The Trust may waive the application of any provision of this section in a particular case if the Trust thinks special circumstances exist that justify its doing so.\n> \n> > (5) The Trust is to include details of any decision to waive the application of this section in the next annual reporting information prepared for it under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> **s 15:** Am 2002 No 53, Sch 1.8 \\[2\\]; 2018 No 70, Sch 4.33.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Special provision for pollution clean-up costs","content":"#### 16 Special provision for pollution clean-up costs\n\n16 Special provision for pollution clean-up costs\n\n> > (1) The Trust may expend money in the Trust Fund on the following—\n> > \n> > > (a) measures for the removal, dispersal or mitigation of serious pollution, when those measures need to be taken immediately,\n> > \n> > > (b) measures for the analysis, removal, storage, treatment or disposal of waste material that has been placed or disposed of on premises unlawfully, when no other person accepts responsibility for taking those measures.\n> \n> > (2) The Trust may publish guidelines for the expenditure of money under this section, including guidelines on the measures for which money can be expended, the pollution or waste material in respect of which money can be expended, the circumstances in which the money can be expended and the resolution of disputes about any such expenditure.\n> \n> > (3) The maximum amount that the Trust can expend under this section in any one financial year is $0.5 million.\n> \n> > (4) The Trust (or a person acting with the written authority of the Trust) is entitled to recover the amount of any money expended under this section as a debt in a court of competent jurisdiction due to the Trust from the person who caused or was responsible for the pollution or the waste material.\n> \n> > (5) For the purposes of sections 246 and 247 of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), amounts expended from the Trust Fund under this section are taken to be costs and expenses incurred by the Trust as referred to in those sections.\n> \n> > (6) Any amount recovered by or on behalf of the Trust (whether or not under this section) in respect of the cost of measures that have been paid for out of the Trust Fund is to be paid into the Trust Fund.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Recovery of grants","content":"#### 17 Recovery of grants\n\n17 Recovery of grants\n\n> If a grant is made by the Trust subject to a condition and the grant or any part of the grant is not applied in accordance with the condition (or, if the condition has been varied under section 15 (3A), the condition as so varied), the Trust may recover the whole or any part of it from the grantee as a debt in a court of competent jurisdiction.\n> \n> **s 17:** Am 2002 No 53, Sch 1.8 \\[3\\].","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Finance","content":"# Part 4 Finance\n\nPart 4 Finance","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Environmental Trust Fund","content":"#### 18 Environmental Trust Fund\n\n18 Environmental Trust Fund\n\n> > (1) There is to be established in the Special Deposits Account an Environmental Trust Fund into which are to be paid—\n> > \n> > > (a) the amounts appropriated for the purposes of the Fund by section 19, and\n> > \n> > > (b) such other money as may be appropriated by Parliament for payment into the Fund, and\n> > \n> > > (c) the proceeds of investment of money in the Fund, and\n> > \n> > > (d) any gift or bequest of money to the Trust, and\n> > \n> > > (e) such other money as may be required or permitted to be paid into the Fund.\n> \n> > (2) Money in the Trust Fund is under the control of the Trust and can be expended by the Trust for the purpose of the exercise of its functions as authorised by this Act (or for the purposes authorised by the [Forestry Restructuring and Nature Conservation Act 1995](/view/html/inforce/current/act-1995-050)) and the costs incurred in administering this Act (or that Act).","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Standing appropriation of Consolidated Fund for payment to Trust Fund","content":"#### 19 Standing appropriation of Consolidated Fund for payment to Trust Fund\n\n19 Standing appropriation of Consolidated Fund for payment to Trust Fund\n\n> > (1) There is payable from the Consolidated Fund into the Trust Fund each financial year (commencing with the 1998–99 financial year) the amount of $13.5 million, as adjusted under subsection (2) for each subsequent financial year.\n> \n> > (2) For the purpose of the payment under subsection (1), the amount of $13.5 million is to be adjusted for a financial year in accordance with the formula—\n> > \n> > ![](/image/((Type%3D%22act%22)%20AND%20(No%3D082)%20AND%20(Year%3D1998)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)\n> > \n> > and rounded to the nearest $1,000.\n> \n> > (3) In subsection (2)—\n> > \n> > CPI means—\n> > \n> > > (a) the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician, or\n> > \n> > > (b) if the Australian Statistician ceases to issue that index or the regulations so provide—the number determined in accordance with the regulations.\n> \n> > (4) The Consolidated Fund is appropriated by this section for the purposes of payments to the Trust Fund under this section.\n> \n> > (5) Payments to the Trust Fund under this section are to be made in such instalments and at such times as the Treasurer determines.\n> \n> > (6) This section is subject to clause 5 of Schedule 3.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Investments","content":"#### 20 Investments\n\n20 Investments\n\n> The Trust is to invest money in the Trust Fund—\n> \n> > (a) if the Trust is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Trust is permitted to invest money under that Part, or\n> \n> > (b) if the Trust is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Treasurer.\n> \n> **s 20:** Subst 2018 No 70, Sch 3.21.","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Act to bind Crown","content":"#### 21 Act to bind Crown\n\n21 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Financial year of Trust","content":"#### 22 Financial year of Trust\n\n22 Financial year of Trust\n\n> The financial year of the Trust is the year ending on 30 June.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Personal liability of members of Trust and others","content":"#### 23 Personal liability of members of Trust and others\n\n23 Personal liability of members of Trust and others\n\n> A matter or thing done by the Trust, a member of the Trust or of a committee of the Trust or any person acting under the direction of the Trust does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject any such member or a person so acting personally to any action, liability, claim or demand.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 24 Proof of certain matters not required\n\n24 Proof of certain matters not required\n\n> In any legal proceedings, proof is not required (until evidence is given to the contrary) of—\n> \n> > (a) the constitution of the Trust, or\n> \n> > (b) any resolution of the Trust, or\n> \n> > (c) the appointment of, or the holding of office by, any member of the Trust, or\n> \n> > (d) the presence of a quorum at any meeting of the Trust.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n25 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Review of Act","content":"#### 26 Review of Act\n\n26 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Repeal of Acts","content":"#### 27 Repeal of Acts\n\n27 Repeal of Acts\n\n> The following Acts are repealed—\n> \n> > [Environmental Restoration and Rehabilitation Trust Act 1990 No 24](/view/pdf/asmade/act-1990-24)\n> \n> > [Environmental Research Trust Act 1990 No 25](/view/pdf/asmade/act-1990-25)\n> \n> > [Environmental Education Trust Act 1990 No 26](/view/pdf/asmade/act-1990-26)","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28 (Repealed)","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 29 Savings, transitional and other provisions\n\n29 Savings, transitional and other provisions\n\n> Schedule 3 has effect.","sortOrder":34},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of Trust","content":"# Schedule 1 Provisions relating to members and procedure of Trust\n\nSchedule 1 Provisions relating to members and procedure of Trust\n\n(Section 6)\n\n**sch 1:** Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2015 No 58, Sch 3.32 \\[2\\] \\[3\\]; 2024 No 68, Sch 1\\[5\\].","sortOrder":35},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2003 No 82, Sch 3.","sortOrder":50},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n(Section 29)\n\n**sch 3:** Am 1998 No 145, Sch 5.6.","sortOrder":51}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1998 Act consolidated three separate environmental trusts into one body. However, the scope has expanded significantly through amendments: the 2005 amendment added waste avoidance and resource recovery (s 7(f)), funding for environmental community groups (s 7(g)), and water entitlement purchases for environmental flows (s 7(h)). The 2024 amendments updated department names and membership provisions. What began as a simple merger of research, restoration and education funding bodies has grown into a broader environmental financing mechanism covering marine parks, water rights, waste management, and emergency pollution response."},"complexity_factors":["Straightforward structure with 5 main parts plus 3 schedules","Only 8 defined terms in the main interpretation section (s 3), though Schedule 1 adds 3 more","Minimal cross-referencing — mainly to the Forestry Restructuring and Nature Conservation Act 1995, Government Sector Finance Act 2018, and Protection of the Environment Operations Act 1997","One mathematical formula for CPI adjustment (s 19(2)) with embedded image reference that complicates automated parsing","Nested subsections in objects (s 7) and membership (s 6) but generally shallow hierarchy (rarely beyond 3 levels)","Conditional logic limited to standard administrative provisions (delegation, vacancies, quorum)","Schedule 3 contains transitional provisions that are now largely historical but add structural bulk"],"plain_english_summary":"This law creates the **Environmental Trust** — a government body that gives out money (grants) to help fix environmental problems in New South Wales.\n\n**What it does:**\n- **Sets up the Trust** as a legal entity (a \"body corporate\") that operates independently but represents the Crown (government).\n- **Funds environmental projects** through grants to community groups, universities, research institutes, and others for:\n  - Restoring damaged environments and preventing pollution\n  - Research into environmental problems and cleaner industrial methods\n  - Environmental education programs\n  - Buying land for national parks and marine parks\n  - Waste reduction and recycling programs\n  - Supporting environmental community groups\n  - Buying water rights to improve river flows and wetlands\n\n**Who runs it:**\n- A 6-member board chaired by the Minister for the Environment\n- Includes senior public servants (Treasury and Environment department heads)\n- Three appointed members: one nominated by environmental groups, one by local government, and one Aboriginal person\n\n**How the money works:**\n- The Trust has its own fund (the **Environmental Trust Fund**) with a standing annual appropriation of $13.5 million (adjusted for inflation)\n- The law guarantees minimum annual spending: $1 million for restoration projects, $500,000 for research, and $500,000 for education\n- The Trust can also spend up to $500,000 per year on emergency pollution clean-ups when no one else will pay\n\n**Key protections:**\n- Members acting in good faith are protected from personal legal liability\n- The Trust can recover grant money if recipients don't use it properly\n- The Trust can recover clean-up costs from polluters through the courts\n\n**Background:**\nThis 1998 Act merged three earlier separate trusts (for restoration, research, and education) into one unified body with broader powers."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act originally consolidated three separate trusts focused on restoration, research, and education, but subsequent amendments expanded objects to include funding for land acquisition for national parks, marine parks, waste management, community groups, and water entitlements, significantly broadening its scope."},"complexity_factors":["Multiple cross-references to other Acts (e.g., Forestry Restructuring and Nature Conservation Act 1995, Protection of the Environment Operations Act 1997, Government Sector Finance Act 2018)","Indexation formula in section 19 using CPI to adjust annual funding","Conditional grant provisions allowing variation, waiver, and recovery of grants","Detailed membership and procedure rules in Schedule 1 with deputy appointments, quorum, and voting","Savings and transitional provisions in Schedule 3 with potential retrospective effect"],"plain_english_summary":"This Act creates the **Environmental Trust**, a government body that manages a special fund (the Environmental Trust Fund) to pay for environmental projects in New South Wales.\n\nThe Trust has six members, including the Minister, the Treasury Secretary, the head of the environment department, and three appointed members (one from a nature conservation group, one from local government, and an Aboriginal person).\n\n**What the fund pays for:**\n- Restoration and rehabilitation projects to reduce pollution or environmental damage\n- Research into environmental problems and solutions\n- Environmental education programs\n- Buying land for national parks and marine parks\n- Waste reduction and management projects\n- Supporting environmental community groups\n- Buying water rights to improve river flows and wetlands\n\nThe fund receives at least **$13.5 million per year** from the state budget (adjusted for inflation). There are minimum yearly grants: $1 million for community restoration projects, $500,000 for research, and $500,000 for education.\n\nThe Trust can also spend up to $500,000 per year on urgent pollution clean-ups or removing illegally dumped waste. If someone caused the pollution, the Trust can recover the money from them.\n\nGrants come with conditions (usually must be spent within three years). The Trust can change conditions or recover money if conditions aren't met.\n\nThe Act replaced three older Acts from 1990 that set up separate trusts for restoration, research, and education."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1998 Act focused primarily on environmental restoration and waste reduction. Over its amendment history — particularly the addition of climate change ministerial responsibility and successive updates through to 2024 — the scope appears to have broadened to encompass climate-related environmental work, reflecting evolving policy priorities. The dual ministerial oversight (Environment and Climate Change) suggests the Trust's mandate now explicitly extends beyond its original narrower environmental remediation focus."},"complexity_factors":["The legislation text provided is largely metadata and navigation content from the NSW legislation website, with minimal actual substantive legal provisions visible for analysis","The underlying Act itself (based on its subject matter and amendment history) involves governance structures for a statutory body, which adds moderate complexity","Multiple ministerial responsibilities across two portfolios (Environment and Climate Change) creates some administrative complexity","The Act has been amended at least 10 times since 1998, suggesting layered changes over time that could complicate interpretation of the current version","Trust law concepts (fiduciary duties, trust funds, grant-making frameworks) can be moderately complex for laypeople"],"plain_english_summary":"## Environmental Trust Act 1998 (NSW)\n\n**What is this?**\nThis is a New South Wales law that establishes the **Environmental Trust** — a government body with dedicated funding to support environmental projects across NSW.\n\n**What does it do?**\nThe Act creates a formal structure for:\n- **Funding environmental grants** to community groups, councils, researchers, and organisations working on environmental restoration, waste reduction, pollution clean-up, and sustainability projects\n- **Managing a dedicated pool of money** (the Trust fund) specifically ring-fenced (set aside exclusively) for environmental purposes\n- **Setting the rules** for how that money is distributed, who can apply, and how the Trust is governed and held accountable\n\n**Who does it affect?**\n- **Community organisations and charities** working on environmental projects — they can apply for grants\n- **Local councils** seeking funding for environmental programs\n- **Researchers and schools** with environmental education or research projects\n- **Ordinary NSW residents** — indirectly, through cleaner waterways, restored bushland, and improved waste management funded by the Trust\n- **Businesses** involved in environmental remediation (clean-up of contaminated land or water)\n\n**Why does it matter?**\nWithout this law, there would be no dedicated, ongoing funding mechanism for grassroots and community environmental work in NSW. The Trust has funded hundreds of millions of dollars in environmental projects over its lifetime. It provides a stable, legally protected source of funding that can't easily be redirected to other purposes.\n\n**Who oversees it?**\nThe Trust is jointly overseen by the **Minister for the Environment** and the **Minister for Climate Change**, reflecting its dual focus on environmental protection and climate action.\n\n**Key point for you:**\nIf you're part of a community group, council, or organisation doing environmental work in NSW, this law is your gateway to potentially significant government grant funding."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-trust-act-1998","history":"/api/acts/environmental-trust-act-1998/history","analysis":"/api/acts/environmental-trust-act-1998/analysis","conflicts":"/api/acts/environmental-trust-act-1998/conflicts","importantCases":"/api/acts/environmental-trust-act-1998/important-cases","documents":"/api/acts/environmental-trust-act-1998/documents"}}