Commissioner for Sustainability and the Environment Act 1993 (ACT)

This Act establishes and governs the office of the Commissioner for Sustainability and the Environment for the Australian Capital Territory, sets out the commissioner’s functions and powers, creates complaint and investigation procedures, and requires periodic reporting on the state of the Territory’s environment and progress toward ecologically sustainable development. The Act prescribes appointment, term and removal procedures for the commissioner (ss 4, 5, 9), permits delegation of functions to public servants (s 11), and creates mechanisms for the commissioner to obtain information, enter agency premises and require documents or attendance for investigations (ss 16, 17). The Act also imposes assistance obligations on agencies for preparation of the state of the environment report (s 18) and requires agencies to include specific items in their annual reports (s 23). Reporting duties include a triennial or other periodic state of the environment report to the Minister (s 19), additional special reports following investigations (s 21), and tabling and response obligations for Ministers (ss 19(3), 22).

Operationally, the commissioner may investigate complaints about the Territory’s or a territory authority’s environmental management and issues relating to ecologically sustainable development (s 12(1)(a), s 13). The Act gives the commissioner discretion not to investigate certain complaints, including where the complainant became aware of the matter more than 12 months earlier, where the complaint lacks substance, or where there is a suitable administrative review or court/tribunal remedy that the complainant has not used (s 14). The commissioner must inform an agency’s principal officer before commencing an investigation into the agency’s actions (s 15(1)). Investigations are generally conducted in private and in the manner the commissioner decides, but the Minister can direct an investigation and require a public process if it would be in the public interest (s 15(3)-(4)).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Commissioner for Sustainability and the Environment Act 1993 A1993-37 Republication No 21 Effective: 6 December 2025 Republication date: 6 December 2025 Last amendment made by A2025-28 (republication for amendments by A2025-29)

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Commissioner for Sustainability and the Environment Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Commissioner for Sustainability and the Environment Act 1993 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 2A Notes 2 2B Objects of Act 2 3 Entities not necessarily prescribed authorities 3 Part 2 Office of Commissioner 4 Commissioner for Sustainability and the Environment 4 5 Term of office 4 7 Leave of absence 4 9 Suspension and removal of commissioner 5

Contents Page contents 2 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Retirement 6 11 Delegation by commissioner 6 Part 3 Functions and powers of commissioner 12 Functions 7 13 Complaints 8 14 Discretion not to investigate certain complaints 8 14A Complaints made to agencies 10 14B Decision not to investigate complaint—annual reporting requirement 11 15 Investigations 11 16 Power to enter premises 14 17 Power to obtain information and documents 14 18 Assistance to commissioner 17 Part 4 Reports 19 State of the environment report 19 20 Information to be included in commissioner’s annual report 21 21 Special reports 22 22 Minister to table reports and recommendations 23 Part 5 Miscellaneous 23 Information to be included in agency annual reports 24 24 Commissioner not to be sued 24 25 Referral to ombudsman 24 26 Powers of Supreme Court 25 28 Approved forms 26 29 Regulation-making power 26 Dictionary 27 Endnotes 1 About the endnotes 32 2 Abbreviation key 32

Contents Page R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history 33 4 Amendment history 37 5 Earlier republications 41

R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Commissioner for Sustainability and the Environment Act 1993 An Act to establish the office of commissioner for sustainability and the environment, and for related matters

Part 1 Preliminary Section 1 page 2 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Commissioner for Sustainability and the Environment Act 1993. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes. 2B Objects of Act The objects of this Act are to— (a) ensure regular and consistent reporting on matters relating to the condition and management of the environment in the Territory; and (b) ensure regular reporting on progress towards ecologically sustainable development by the Territory and territory authorities; and (c) encourage decision-making that facilitates ecologically sustainable development; and (d) enhance knowledge and understanding of issues relating to ecologically sustainable development and the environment; and

Preliminary Part 1 Section 3 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) encourage sound environmental practices and procedures to be adopted by the Territory and territory authorities as a basis for ecologically sustainable development. 3 Entities not necessarily prescribed authorities (1) For this Act, an unincorporated body established under an enactment for the purpose of assisting, or exercising functions connected with, a prescribed authority is not taken to be a prescribed authority but action taken by the body, or by a person for the body, is taken to be action by the prescribed authority. Examples—bodies a board, council and committee Note Body includes any group of people joined together for a common purpose (see Legislation Act, dict, pt 1). (2) For this Act, a person is not taken to be a prescribed authority only because the person holds or performs the duties of a specified office, but any action taken by or for the person is taken to have been taken by the agency or body concerned. Note Agency includes a prescribed authority (see dictionary). (3) In this section: specified office means— (a) an office the duties of which the person performs as employment duties as an officer of an agency; or (b) an office of a member of a body; or (c) an office established by an enactment for a prescribed authority; or (d) an office prescribed by regulation.

Part 2 Office of Commissioner Section 4 page 4 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Office of Commissioner 4 Commissioner for Sustainability and the Environment (1) The Minister must appoint a person as the Commissioner for Sustainability and the Environment. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) The commissioner holds office on the terms not provided by this Act that are decided in writing. 5 Term of office Subject to this Act, the commissioner must not be appointed for a term of longer than 5 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). 7 Leave of absence The Minister may grant leave of absence to the commissioner on the terms and conditions in relation to remuneration or otherwise as the Minister decides in writing.

Office of Commissioner Part 2 Section 9 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Suspension and removal of commissioner (1) The Executive may remove the commissioner from office on an address praying for the commissioner’s removal on the ground of misbehaviour or physical or mental incapacity being presented to the Executive by the Legislative Assembly. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). (2) The Executive may suspend the commissioner from office on the ground of misbehaviour or physical or mental incapacity. (3) If the Executive suspends the commissioner from office, the Minister must present a statement of the grounds of the suspension to the Legislative Assembly within 7 sitting days after the day of the suspension. (4) If a statement under subsection (3) has been presented to the Legislative Assembly, the Legislative Assembly may, within 15 sitting days after the day the statement was presented to it, by resolution, declare that the commissioner should be removed from office and, if the Legislative Assembly passes the resolution, the Executive must remove the commissioner from office. (5) If, at the end of 15 sitting days after the day the statement was presented, the Legislative Assembly has not passed the resolution, the suspension ends. (6) The Executive must end the commissioner's appointment if the commissioner becomes bankrupt or personally insolvent. Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (7) The commissioner must not be removed or suspended from office except as provided by this section.

Part 2 Office of Commissioner Section 10 page 6 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (8) The suspension of the commissioner from office does not affect any entitlement of the commissioner to be paid remuneration and allowances. 10 Retirement The Minister may, in writing with the consent of the commissioner, retire the commissioner on the grounds of physical or mental incapacity from the date and on the terms and conditions the Minister decides. 11 Delegation by commissioner The commissioner may delegate to a public servant the commissioner’s functions under this Act. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Functions and powers of commissioner Part 3 Section 12 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Functions and powers of commissioner 12 Functions (1) The commissioner has the following functions: (a) investigating complaints about— (i) the management of the environment by the Territory or a territory authority; and (ii) issues relating to ecologically sustainable development in the ACT; (b) conducting investigations as directed by the Minister; (c) conducting, on the commissioner’s own initiative, investigations into actions of an agency where those actions would have a substantial impact on the environment of the ACT; (d) preparing a state of the environment report for each reporting period. Note 1 Function includes authority, duty and power (see Legislation Act, dict, pt 1). Note 2 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). (2) The commissioner is not authorised to investigate action taken by— (a) a judge or the associate judge; or (b) a magistrate or coroner for the ACT; or (c) a royal commission under the Royal Commissions Act 1991; or (d) a board of inquiry under the Inquiries Act 1991; or

Part 3 Functions and powers of commissioner Section 13 page 8 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) a panel conducting an inquiry under the Planning Act 2023, division 6.3.9 (EIS inquiry panels); or (f) the ombudsman. (3) In this section: associate judge means the Master of the Supreme Court under the Supreme Court Act 1933, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences. Note The Courts Legislation Amendment Act 2023, s 23 omitted the Supreme Court Act 1933, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge). reporting period—see section 19 (7). 13 Complaints (1) A person may make a complaint to the commissioner about the following: (a) the management of the environment by the Territory or a territory authority; (b) issues relating to ecologically sustainable development in the ACT. (2) A complaint must be made in a way approved by the commissioner. 14 Discretion not to investigate certain complaints (1) This section applies if a person makes a complaint to the commissioner in relation to action taken by an agency. (2) The commissioner may decide not to investigate the action or to stop investigating the action if— (a) the commissioner is satisfied that the complainant became aware of the action more than 12 months before the day the complaint was made; or

Functions and powers of commissioner Part 3 Section 14 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) in the commissioner’s opinion— (i) the complaint— (A) is frivolous or vexatious or was not made in good faith; or (B) lacks substance or credibility; or (C) was not made genuinely or was made primarily for a mischievous purpose; or (D) does not contain sufficient information; or (ii) the subject matter of the complaint is trivial or unrelated to the commissioner’s functions; or (iii) considering all the circumstances, an investigation or further investigation of the action is not justified; or (c) in the commissioner’s opinion— (i) the complainant— (A) has or had a right to have the action reviewed by a court or tribunal; but (B) has not exercised that right; and (ii) in all the circumstances, it is reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right; or (d) in the commissioner’s opinion, an administrative practice is suitable for review of the action, and— (i) the action has been, is being or will be reviewed under the administrative practice at the complainant’s request; or (ii) the commissioner is satisfied that the complainant is entitled to have the action reviewed under the administrative practice.

Part 3 Functions and powers of commissioner Section 14A page 10 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Also, the commissioner may decide not to investigate the action if the complainant has not complained to the agency in relation to the action. (4) In this section: complainant, in relation to a complaint, means— (a) the person who made the complaint; or (b) if the person made the complaint for another person or a body— the other person or body. 14A Complaints made to agencies (1) This section applies if— (a) a person (the complainant) makes a complaint to the commissioner in relation to action taken by an agency; and (b) the complainant— (i) has complained to the agency in relation to the action; and (ii) tells the commissioner that the agency— (A) has not responded to the complaint; or (B) has responded to the complaint but the complainant considers the agency’s response unsatisfactory. (2) The commissioner must investigate the action if, in the commissioner’s opinion— (a) the agency has not responded to the complaint within a reasonable period; or (b) the agency’s response to the complaint is unsatisfactory.

Functions and powers of commissioner Part 3 Section 14B R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14B Decision not to investigate complaint—annual reporting requirement (1) This section applies if, in a reporting year, the commissioner decides not to investigate a complaint. (2) The commissioner must include details of the decision, including the reasons for the decision, in the report for the reporting year prepared by the commissioner under the Annual Reports (Government Agencies) Act 2004. 15 Investigations (1) The commissioner must, before commencing an investigation under this Act of action taken by an agency, inform the principal officer of the agency that the action is to be investigated. (2) The commissioner may from time to time make an arrangement with the principal officer of an agency in relation to the manner in which, and the period within which, the commissioner is to inform the principal officer that the commissioner proposes to investigate action taken by the agency, being action to which the arrangement relates. (3) Subject to this part, an investigation must be conducted in private and in the way decided by the commissioner. (4) If the Minister directs the commissioner to investigate a matter and states in the direction that it would be in the public interest to conduct a public process for the investigation, the commissioner must arrange for— (a) any public consultation or public hearings; and (b) the taking of any other measures; that the commissioner considers necessary for the proper conduct of the investigation.

Part 3 Functions and powers of commissioner Section 15 page 12 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) Subject to this Act, the commissioner may, for this Act, obtain information from any person, and make any inquiries, as the commissioner decides. (6) Subject to subsection (7), it is not necessary for the complainant or any other person to be afforded an opportunity to appear before the commissioner or any other person in relation to an investigation by the commissioner under this Act. (7) The commissioner must not make a report in relation to an investigation under this Act in which the commissioner sets out opinions that are, either expressly or impliedly, critical of an agency or person unless, before completing the investigation, the commissioner has— (a) if the opinions relate to an agency—given the principal officer of the agency and the officer principally concerned in the action to which the investigation relates opportunities to appear before the commissioner or before an authorised person, and to make any submission, either orally or in writing, in relation to that action as they decide; and (b) if the opinions relate to a person—given that person an opportunity to appear before the commissioner or before an authorised person, and to make any submission, either orally or in writing, in relation to the action to which the investigation relates as the person decides. (8) If the commissioner gives the principal officer of an agency an opportunity to appear before the commissioner or before an authorised person under subsection (7), the principal officer may appear in person or a person authorised by the principal officer may appear on behalf of the principal officer.

Functions and powers of commissioner Part 3 Section 15 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (9) If the commissioner gives a person other than the principal officer of an agency an opportunity to appear before the commissioner or before an authorised person under subsection (7), the person may, with the approval of the commissioner or of the authorised person, be represented by another person. (10) If, in relation to an investigation under this Act, the commissioner proposes to give a person an opportunity to appear before the commissioner or before an authorised person and to make any submission under subsection (7), or proposes to make a requirement of a person under section 17— (a) if a complaint was made orally in relation to the action and the complaint has not been put in writing—the complaint must be put in writing; and (b) the commissioner must, if the commissioner has not previously informed the responsible Minister that the action is being investigated, inform the Minister accordingly. (11) The commissioner may, either before or after the completion of an investigation under this Act, discuss any matter that is relevant to the investigation with a Minister concerned with the matter. (12) If the commissioner forms the opinion, either before or after completing an investigation under this Act, that there is evidence that a person, who is an officer of an agency, has been guilty of a breach of duty or of misconduct and that the evidence is, in all the circumstances, of sufficient force to justify doing so, the commissioner must bring the evidence to the notice of— (a) for an administrative unit— (i) if the person is the principal officer of the administrative unit—the Minister responsible for the administrative unit; or

Part 3 Functions and powers of commissioner Section 16 page 14 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) if the person is a member of the administrative unit but is not the principal officer—the principal officer of the administrative unit; or (b) for a prescribed authority— (i) if the person is the principal officer of the authority— the responsible Minister of the authority; or (ii) if the person is not the principal officer of the authority— the principal officer of the authority. (13) In this section: complainant, in relation to a complaint—see section 14 (4). 16 Power to enter premises (1) For an investigation under this Act the commissioner or an authorised person may, at any reasonable time of the day, enter any place occupied by an agency and may carry on the investigation at that place. (2) For an investigation under this Act, an authorised person is entitled to inspect any documents relevant to the investigation that are kept at premises entered under this section, other than documents to which a certificate under section 17 (6) applies, at a reasonable time of the day arranged with the principal officer of the agency concerned. 17 Power to obtain information and documents (1) If the commissioner has reason to believe that an agency is capable of providing information or producing documents or other records relevant to an investigation under this Act, the commissioner may, by written notice given to the head of the agency, require the agency, at any place, and within any period or on any day and at any time, as is stated in the notice— (a) to provide to the commissioner the information, in writing; or

Functions and powers of commissioner Part 3 Section 17 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) to produce to the commissioner the documents or other records as are stated in the notice; or (c) to provide to the commissioner the information and to produce to the commissioner the documents or other records as are stated in the notice. (2) If the commissioner has reason to believe that an officer of an agency is capable of providing information or producing documents or other records relevant to an investigation under this Act, or both providing information and producing documents or other records of that kind, but the commissioner does not know the identity of the officer, the commissioner may, by written notice given to the principal officer of the agency, require the principal officer or a person nominated by the principal officer, at any place, and within any period or on any day and at any time, as is stated in the notice— (a) to attend before a person stated in the notice to answer questions relevant to the investigation; or (b) to produce to a person stated in the notice the documents or other records as are stated; or (c) to attend before a person stated in the notice to answer questions of that kind and to produce to the person stated, the documents or other records as are stated. (3) If documents or other records are produced to the commissioner in accordance with a requirement under subsection (1) or (2) or an order under section 26 (2), the commissioner— (a) may take possession of, and may make copies of, or take extracts from, the documents or other records; and (b) may keep the documents or other records for any period necessary for the investigation to which the documents or other records relate.

Part 3 Functions and powers of commissioner Section 17 page 16 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If a document is kept by the commissioner under subsection (3), a person who would be entitled to inspect the document, if it were not in the possession of the commissioner, may at any reasonable time inspect the document. (5) If the commissioner has reason to believe that a person is able to give information relevant to an investigation under this Act, the commissioner may, by written notice given to the person, require the person to attend before a person stated in the notice, on the day and at the time and place as are stated in the notice, to answer questions relevant to the investigation. (6) If the Minister certifies in writing that the disclosure to the commissioner of information about a stated matter (including the providing of information in answer to a question) or the disclosure to the commissioner of the contents of any documents or records would be contrary to the public interest— (a) because it would involve the disclosure of communications between a Minister and a Commonwealth Minister or a Minister of a State or of a Territory, being a disclosure that would prejudice relations between the Territory and the Commonwealth, between the Territory and a State or between the Territory and another Territory; or (b) because it would involve the disclosure of deliberations or decisions of the Executive or of a committee of the Executive; the commissioner is not entitled to require a person to provide any information about the matter, to answer questions about the matter or to produce those documents or records to the commissioner.

Functions and powers of commissioner Part 3 Section 18 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) Despite the provisions of any law of the Territory, a person is not excused from providing any information, producing a document or other record or answering a question when required to do so under this Act on the ground that the providing of the information, the production of the document or record or the answer to the question— (a) would contravene the provisions of any other law of the Territory, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty; or (b) would disclose legal advice provided to a Minister or an agency; but the information, the document or record produced or the answer to the question is not admissible in evidence against the person in proceedings other than— (c) an application under section 26 (2); or (d) a prosecution for an offence against the Criminal Code, part 3.4 (False or misleading statements, information and documents) or section 361 (Obstructing Territory public official). (8) A person is not liable to any penalty under the provisions of any other law of the Territory because of the person having provided information, produced a document or other record or answered a question when required to do so under this Act. 18 Assistance to commissioner If— (a) the commissioner requests in writing that the principal officer of an agency provide information for use in preparing a state of the environment report; and (b) the agency does not provide that information within a reasonable time;

Part 3 Functions and powers of commissioner Section 18 page 18 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au the principal officer must, at the written request of the commissioner, make staff available for a period of not more than 3 months to assist the commissioner in the preparation of the report.

Reports Part 4 Section 19 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Reports 19 State of the environment report (1) The commissioner must, no later than the reporting day, give a state of the environment report to the Minister for each reporting period. (2) A state of the environment report must include— (a) an assessment of the condition of the environment, including an assessment of any of the following matters that the commissioner considers necessary: (i) the components of the earth, including soil, the atmosphere and water; (ii) any organic or inorganic matter and any living organism; (iii) human made or modified structures and areas; (iv) ecosystems and their constituent parts, including people and communities; (v) the qualities and characteristics of places and areas that contribute to their biological diversity and ecological integrity, scientific value and amenity; (vi) the interactions and interdependencies within and between the things mentioned in subparagraphs (i) to (v); (vii) the social, aesthetic, cultural and economic conditions that affect, or are affected by, the things mentioned in subparagraphs (i) to (v); (b) an evaluation of the adequacy and effectiveness of environmental management, including an assessment about the degree of compliance with national environment protection measures made by the National Environment Protection Council; and

Part 4 Reports Section 19 page 20 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) an assessment of pressures and sustainability trends; and (d) an evaluation of the effectiveness of sustainability plans; and (e) any other matters, whether or not occurring within the triennium to which the report relates, that— (i) the Minister states in written notice given to the commissioner; or (ii) the commissioner considers relevant. (3) The Minister must, within 6 months after the day the Minister presents a state of the environment report to the Legislative Assembly under section 22, present to the Legislative Assembly a statement that sets out the response of the government to the report. (4) The commissioner must, within 12 months after the day the Minister presents a state of the environment report to the Legislative Assembly under section 22, give the Minister a recommendation about— (a) the day on which the period to be covered by the next state of the environment report should end; and (b) the reporting day, for that period, by which the next state of the environment report should be given to the Minister. (5) The Minister must, after considering the commissioner’s recommendation, determine— (a) a reporting period that must— (i) begin on the day after the end of the period covered by the previous state of the environment report; and (ii) be not more than 4 years; and (b) a reporting day for the period that must be no less than 3 and no more than 6 months after the end of the reporting period.

Reports Part 4 Section 20 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) A determination under subsection (5) is a disallowable instrument. (7) In this section: National Environment Protection Council means the National Environment Protection Council established by the National Environment Protection Council Act 1994, section 7. reporting day, for a reporting period, means the day determined by the Minister under subsection (5) for that period. reporting period means the period determined by the Minister under subsection (5). sustainability plan means a plan that— (a) includes a sustainability goal; and (b) is a disallowable instrument. 20 Information to be included in commissioner’s annual report A report prepared by the commissioner under the Annual Reports (Government Agencies) Act 2004 for a reporting year must include details of— (a) any special factor that the commissioner believes had a significant impact on the environment during the year; and (b) measures taken during the year by or for the Territory in relation to the implementation of any recommendation in a state of the environment report or a special report; and (c) any recommendation in a report mentioned in paragraph (b) that the commissioner believes is still to be implemented or fully implemented.

Part 4 Reports Section 21 page 22 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21 Special reports (1) If— (a) the Minister has directed the commissioner to conduct an investigation; or (b) the commissioner has initiated and conducted an investigation into an issue of environmental significance to the Territory; the commissioner must— (c) prepare a special report on the investigation; and (d) within 28 days after the day of completion of the report, give the report to the Minister. (2) For a special report required by the Minister under subsection (1) (a), the Minister must— (a) for a report about a matter for which the Minister is responsible—within 6 months after the day of receiving the report, present to the Legislative Assembly a statement that sets out the response of the government to the report; or (b) for a report about a matter for which another Minister is responsible—within 10 working days after the day of receiving the report, give the report to the Minister responsible for the matter; or (c) for a report about a matter for which the Minister and another Minister are responsible—within 6 months after the day of receiving the report, in consultation with the other Minister, present to the Legislative Assembly a statement that sets out the response of the government to the report.

Reports Part 4 Section 22 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) For a special report given to a Minister responsible for the matter under subsection (2) (b), the Minister responsible for the matter must, within 6 months after the day of receiving the report, present to the Legislative Assembly a statement that sets out the response of the government to the report. (4) In this section: administrative arrangements means a determination made under the Public Sector Management Act 1994, section 14 (1). matter, for which a Minister is responsible, means a matter mentioned in the administrative arrangements, for which responsibility is allocated to a Minister. 22 Minister to table reports and recommendations The Minister must, within 6 sitting days after the day of receiving a state of the environment report, a special report or a recommendation under section 19 (4), present the report or recommendation to the Legislative Assembly.

Part 5 Miscellaneous Section 23 page 24 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 23 Information to be included in agency annual reports A report prepared by an agency under the Annual Reports (Government Agencies) Act 2004 for a reporting year must include details of— (a) any request under section 18 (Assistance to commissioner) received by the agency during the year; and (b) any assistance provided by the agency during the year in response to the request; and (c) any investigation by the commissioner during the year in relation to any activity of the agency; and (d) any recommendation made by the commissioner during the year following an investigation of the agency’s activities; and (e) any action the agency has taken during the year in relation to the recommendation. 24 Commissioner not to be sued Neither the commissioner, a person to whom the commissioner has delegated any of the commissioner’s powers, nor a person acting under the commissioner’s direction or authority is liable to an action, suit or proceeding in relation to any act done or omitted to be done honestly in the exercise or purported exercise of any power or authority under this Act. 25 Referral to ombudsman If the commissioner forms the opinion that a complaint falls within the jurisdiction of the ombudsman, the commissioner must, whether or not the commissioner has commenced an investigation, refer the complaint, together with relevant documents and information, to the ombudsman.

Miscellaneous Part 5 Section 26 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26 Powers of Supreme Court (1) If a question in relation to the exercise of a power, or the performance of a function, of the commissioner by or under this Act or any other enactment arises between the commissioner and the principal officer of any agency that is affected by that exercise or performance, the commissioner or the principal officer of the agency may, subject to subsections (3) and (4), make an application to the Supreme Court for a determination of the question. (2) If a person fails to comply with a requirement made by the commissioner by notice under section 17 to provide information, to produce documents or other records or to attend before the commissioner to answer questions, the commissioner may make an application to the Supreme Court for an order directing that person to provide the information, to produce the documents or other records, or to attend before the commissioner to answer questions, at any place, and within any period or on any day and at any time, as is stated in the order. (3) The commissioner must not make an application to the Supreme Court under this section unless the commissioner has informed the responsible Minister of the agency concerned in writing of the reasons for the proposed application. (4) The principal officer of an agency must not make an application to the Supreme Court under subsection (1) unless the principal officer has informed the responsible Minister of the agency in writing of the reasons for the proposed application. (5) The Supreme Court has jurisdiction in relation to matters arising under this section for which applications are made to the Supreme Court.

Part 5 Miscellaneous Section 28 page 26 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 28 Approved forms (1) The commissioner may approve forms for this Act (other than for section 26). (2) If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. 29 Regulation-making power The Executive may make regulations for this Act.

Dictionary R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • bankrupt or personally insolvent • body • coroner • Executive • exercise • function • head of service • judge • magistrate • Minister (see s 162) • ombudsman • public servant • sitting day • territory authority • the Territory • tribunal. agency means an administrative unit or a prescribed authority. authorised person means a person appointed by the commissioner to be an authorised person for this Act. commissioner means the Commissioner for Sustainability and the Environment appointed under section 4.

Dictionary page 28 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles: (a) the precautionary principle; (b) the inter-generational equity principle; (c) conservation of biological diversity and ecological integrity; (d) improved valuation and pricing of environmental resources. law of the Territory includes part of such a law. officer means— (a) in relation to an administrative unit— (i) a public servant (including the principal officer of that administrative unit) who is a member of that administrative unit; or (ii) any other person (other than a Minister) authorised to exercise functions for that administrative unit by the principal officer of that administrative unit; and Note Function includes authority, duty and power (see Legislation Act, dict, pt 1). (b) in relation to a prescribed authority— (i) the person who constitutes, or is acting as the person who constitutes, the authority; or (ii) a person who is, or is acting as, a member of the authority or is a deputy of such a member; or (iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not the person is employed by the authority; or (iv) a person authorised by the authority to exercise any functions of the authority for the authority.

Dictionary R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au prescribed authority means— (a) a body corporate, or an unincorporated body, established for a public purpose under a law of the Territory other than— (i) an incorporated company or association; or (ii) a body that, under section 3 (1) (Entities not necessarily prescribed authorities) or a regulation, is not a prescribed authority for this Act; or (b) any other body, whether incorporated or unincorporated, that is declared by regulation to be a prescribed authority for this Act, being— (i) a body established by the Executive or by a Minister; or (ii) an incorporated company or association over which the Territory is in a position to exercise control; or (c) subject to section 3 (2), the person holding or performing the duties of an office, other than the office of ombudsman, established by a law of the Territory; or (d) a person holding, or performing the duties of, an office declared by regulation to be an office the holder of which is a prescribed authority for this Act, being an office created by the Executive or by a Minister other than under a law of the Territory. principal officer means— (a) in relation to an administrative unit—the head of service or the director-general of that unit; or (b) in relation to a prescribed authority— (i) if a regulation declares an office to be the principal office in relation to the authority—the person holding, or performing the duties of, that office; or

Dictionary page 30 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) in any other case—the person who constitutes that authority or a person acting in the person’s office or, if the authority is constituted by 2 or more people, the person who is entitled to preside at any meeting of the authority at which the person is present or a person acting in the person’s office. reporting year—see the Annual Reports (Government Agencies) Act 2004, dictionary. responsible Minister, in relation to an agency, means— (a) subject to paragraphs (b) and (c), the Minister who is responsible for that agency; or (b) in relation to a prescribed authority mentioned in the definition of prescribed authority, paragraph (c)—the Minister administering the law of the Territory concerned; or (c) in relation to a prescribed authority mentioned in the definition of prescribed authority, paragraph (b) or (d)—the Minister declared by regulation to be the responsible Minister in relation to that authority; or another Minister acting for that Minister. special report means a report prepared by the commissioner under section 21. state of the environment report means a report prepared by the commissioner under section 19. the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

Dictionary R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Endnotes 1 About the endnotes page 32 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history The Commissioner for Sustainability and the Environment Act 1993 was originally the Commissioner for the Environment Act 1993. It was renamed by the Commissioner for the Environment Amendment Act 2012 A2012-25 (see s 5). Commissioner for Sustainability and the Environment Act 1993 A1993-37 notified 29 June 1993 (Gaz 1993 No S111) s 1, s 2 commenced 29 June 1993 (s 2 (1)) ss 3-18 and ss 20-28 commenced 1 July 1993 (s 2 (2) and Gaz 1993 No S129) remainder (s 19) commenced 29 December 1993 (s 2 (3)) as amended by Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 17 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 17 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 A1995-25 sch notified 5 September 1995 (Gaz 1995 No S212) sch commenced 5 September 1995 (s 2) Ombudsman (Amendment) Act 1996 A1996-17 s 11 notified 1 May 1996 (Gaz 1996 No S71) commenced 1 May 1996 (s 2) Commissioner for the Environment (Amendment) Act 1997 A1997-29 notified 16 July 1997 (Gaz 1997 No S185) commenced 16 July 1997 (s 2) Remuneration Tribunal (Consequential Amendments) Act 1997 A1997-41 sch 1 (as am by A2002-49 amdt 3.222) notified 19 September 1997 (Gaz 1997 No S264) commenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)

Endnotes 3 Legislation history page 34 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Commissioner for the Environment Amendment Act 2000 A2000-73 notified 21 December 2000 (Gaz 2000 No S69) commenced 21 December 2000 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 67 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 67 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2002 (No 2) A2002-49 pt 1.1, amdt 3.222 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 1.1 commenced 17 January 2003 (s 2 (1)) amdt 3.222 taken to have commenced 24 September 1997 (s 2 (3)) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.7 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.7 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.18 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.18 commenced 9 April 2004 (s 2 (1)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.20 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.20 commenced 12 April 2007 (s 2 (1))

Endnotes Legislation history 3 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.7 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.7 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.15 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.15 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2010 A2010-18 sch 1 pt 1.4 notified LR 13 May 2010 s 1, s 2 commenced 13 May 2010 (LA s 75 (1)) sch 1 pt 1.4 commenced 3 June 2010 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.30 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.30 commenced 1 July 2011 (s 2 (1)) Commissioner for the Environment Amendment Act 2012 A2012-25 notified LR 28 May 2012 s 1, s 2 commenced 28 May 2012 (LA s 75 (1)) remainder commenced 29 May 2012 (s 2) Courts Legislation Amendment Act 2015 A2015-10 pt 4 notified LR 7 April 2015 s 1, s 2 commenced 7 April 2015 (LA s 75 (1)) pt 4 commenced 21 April 2015 (s 2 (2)) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.13 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.13 commenced 1 September 2016 (s 2)

Endnotes 3 Legislation history page 36 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Planning and Environment Legislation Amendment Act 2019 A2019-20 pt 2 notified LR 8 August 2019 s 1, s 2 commenced 8 August 2019 (LA s 75 (1)) pt 2 commenced 9 August 2019 (s 2) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.13 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.13 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) Courts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.1 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.1 commenced 30 September 2023 (s 2) Planning and Environment Legislation Amendment Act 2024 A2024-21 pt 3, sch 1 pt 1.1 notified LR 24 May 2024 s 1, s 2 commenced 24 May 2024 (LA s 75 (1)) pt 3, sch 1 pt 1.1 commenced 31 May 2024 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.34 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.34 commenced 6 December 2025 (s 2 (5)) Environment Legislation Amendment Act 2025 A2025-28 pt 5 notified LR 12 November 2025 s 1, s 2 commenced 12 November 2025 (LA s 75 (1)) pt 5 commenced 26 November 2025 (s 2)

Endnotes Amendment history 4 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title long title am A2012-25 s 4 Name of Act s 1 sub A2007-3 amdt 3.93; A2012-25 s 5 Dictionary s 2 om A2001-44 amdt 1.765 ins A2007-3 amdt 3.97 Notes s 2A ins A2007-3 amdt 3.97 Objects of Act s 2B ins A2012-25 s 6 Entities not necessarily prescribed authorities s 3 defs reloc to dict A2007-3 amdt 3.96 sub A2007-3 amdt 3.97 def Department om A1994-38 sch 1 pt 17 def Ombudsman om A1996-17 s 11 Commissioner for Sustainability and the Environment s 4 hdg sub A2012-25 s 7 s 4 sub A2007-3 amdt 3.98 am A2012-25 s 8 Term of office s 5 sub A2007-3 amdt 3.98 Remuneration and allowances s 6 om A1997-41 sch 1 Resignation s 8 om A2007-3 amdt 3.99 Suspension and removal of commissioner s 9 am A2007-3 amdt 3.100, amdt 3.101; A2010-18 amdt 1.9 Delegation by commissioner s 11 sub A2007-3 amdt 3.102 Functions s 12 am A2007-25 amdt 1.32; A2009-20 amdt 3.35, amdt 3.36; A2012-25 s 9; A2015-10 s 15; A2023-37 amdt 1.1, amdt 1.2; A2023-36 amdt 1.84; A2024-21 s 5, s 6 Complaints s 13 sub A2001-44 amdt 1.766 am A2012-25 s 10; A2025-29 amdt 4.34

Endnotes 4 Amendment history page 38 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Discretion not to investigate certain complaints s 14 am A1995-25 sch; A2004-9 amdt 1.8 sub A2024-21 s 7 Complaints made to agencies s 14A ins A2024-21 s 7 Decision not to investigate complaint—annual reporting requirement s 14B ins A2024-21 s 7 Investigations s 15 am A1994-38 sch 1 pt 17; A1997-29; ss renum R3 LA; A2024-21 amdt 1.1 Power to obtain information and documents s 17 am A2004-15 amdt 2.44 Assistance to commissioner s 18 am A1994-38 sch 1 pt 17 State of the environment report s 19 sub A1997-29 am A2000-73 s 4; A2001-44 amdt 1.767; A2009-20 amdt 3.37; A2012-25 ss 11-13; A2024-21 s 8; A2025-28 s 16; A2025-29 amdt 4.34 Information to be included in commissioner’s annual report s 20 om A1995-25 sch ins A1997-29 sub A2004-9 amdt 1.9 am A2024-21 ss 9-11 Special reports s 21 am A1997-29; A2012-25 s 14; A2019-20 s 4 Minister to table reports and recommendations s 22 am A1995-25 sch sub A2000-73 s 5 am A2012-25 s 15; A2024-21 s 12 Information to be included in agency annual reports s 23 sub A1995-25 sch; A2004-9 amdt 1.10 am A2024-21 s 13, s 14 Commissioner not to be sued s 24 am A2024-21 amdt 1.2 Referral to ombudsman s 25 am A1997-29

Endnotes Amendment history 4 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Offences s 27 am A1998-54 sch om A2004-15 amdt 2.45 Approved forms s 28 sub A2001-44 amdt 1.768 am A2025-29 amdt 4.34 Regulation-making power s 29 ins A2001-44 amdt 1.768 am A2025-29 amdt 4.34 Validation pt 6 hdg ins A2002-49 amdt 1.1 exp 17 January 2003 (s 32) Validation of appointment s 30 ins A2002-49 amdt 1.1 exp 17 January 2003 (s 32) Validation of acts, rights and obligations s 31 ins A2002-49 amdt 1.1 exp 17 January 2003 (s 32) Expiry of pt 6 s 32 ins A2002-49 amdt 1.1 exp 17 January 2003 (s 32) Dictionary dict ins A2007-3 amdt 3.103 am A2010-18 amdt 1.10; A2012-25 s 16; A2016-52 amdt 1.48; A2023-37 amdt 1.3; A2024-21 s 15, s 16 def agency am A1994-38 sch 1 pt 17 reloc from s 3 A2007-3 amdt 3.96 def authorised person reloc from s 3 A2007-3 amdt 3.96 def commissioner reloc from s 3 A2007-3 amdt 3.96 sub A2012-25 s 17 def ecologically sustainable development ins A2012-25 s 18 def law of the Territory reloc from s 3 A2007-3 amdt 3.96 def officer am A1994-38 sch 1 pt 17 reloc from s 3 A2007-3 amdt 3.96 def pre-election year ins A1997-29 s 4 reloc from s 3 A2007-3 amdt 3.96 om A2024-21 s 17 def prescribed authority am A2007-3 amdt 3.94, amdt 3.95 reloc from s 3 A2007-3 amdt 3.96

Endnotes 4 Amendment history page 40 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def principal officer am A1996-17 s 11 reloc from s 3 A2007-3 amdt 3.96 am A2011-22 amdt 1.96; A2016-52 amdt 1.49 def reporting year ins A2024-21 s 18 def responsible Minister reloc from s 3 A2007-3 amdt 3.96 def special report ins A2024-21 s 18 def state of the environment report ins A2024-21 s 18 def the inter-generational equity principle ins A2012-25 s 19 def the precautionary principle ins A2012-25 s 19

Endnotes Earlier republications 5 R21 06/12/25 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1994-38 31 January 1995 2 A1997-41 31 December 1997 3 A2001-44 15 January 2002 4 A2002-49 17 January 2003 5 A2002-49 18 January 2003 5 (RI) A2002-49 ‡ 6 February 2003 6 A2004-15 9 April 2004 7 A2004-15 13 April 2004 8 A2007-3 12 April 2007 9 A2007-25 31 March 2008 10 A2009-20 22 September 2009 11 A2010-18 3 June 2010 12 A2011-22 1 July 2011 13 A2012-25 29 May 2012 14 A2015-10 21 April 2015 15 A2016-52 1 September 2016 16 A2019-20 9 August 2019 17 A2023-37 30 September 2023 18 A2023-37 27 November 2023

Endnotes 5 Earlier republications page 42 Commissioner for Sustainability and the Environment Act 1993 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No Amendments to Republication date 19 A2024-21 31 May 2024 20 A2025-28 26 November 2025 ‡ includes retrospective amendments by A2002-49 © Australian Capital Territory 2025

Office creation and appointment: The Act creates the statutory office of Commissioner for Sustainability and the Environment and requires the Minister to appoint the commissioner (s 4). Appointments are for a maximum five year term unless otherwise provided and reappointment is possible subject to eligibility (s 5). The Executive may remove or suspend the commissioner only on the grounds and by the process prescribed (s 9).

Functions and scope: The commissioner’s statutory functions are investigation of complaints about Territory or territory authority environmental management and issues relating to ecologically sustainable development, investigations directed by the Minister, self-initiated investigations of agency actions expected to have substantial environmental impact, and preparation of state of the environment reports for each reporting period (s 12(1)). The Act expressly excludes certain entities or processes from the commissioner’s investigatory remit, including judicial officers, coroners, royal commissions, boards of inquiry under the Inquiries Act, EIS inquiry panels under the Planning Act 2023, and the ombudsman (s 12(2)).

Complaint intake and discretion: Members of the public may complain to the commissioner about management of the environment by the Territory or a territory authority and issues relating to ecologically sustainable development (s 13). The form of complaint must be as approved by the commissioner (s 13(2)). The commissioner has explicit discretion to decline or stop investigating complaints in enumerated circumstances: patience constraints (awareness >12 months), lack of substance or credibility, trivial or unrelated subject matter, existence of unused judicial review rights, or availability of administrative review practices (s 14(2)-(4)). Newer additions require particular treatment when complainants have already approached agencies: if the complainant has complained to the agency and the agency has not responded in a reasonable time or response is unsatisfactory, the commissioner must investigate (s 14A(1)-(2)).

Investigations and procedural fairness: Investigations must be preceded by informing the principal officer of the agency (s 15(1)). Investigations are generally private and at the commissioner’s discretion, but the Minister may require a public process when directing an investigation (s 15(3)-(4)). The Act requires procedural fairness before the commissioner publishes opinions critical of an agency or person: the relevant principal officer and officer principally concerned (or the person) must be given opportunities to appear and make submissions (s 15(7)-(9)). The commissioner may take further action if evidence of officer misconduct arises, by notifying the relevant Minister or principal officer (s 15(12)).

Compulsory evidence powers and protections: The commissioner can enter agency premises and inspect documents (s 16). Written notices may require agencies to provide written information or produce documents, or require attendance to answer questions (s 17(1)-(2)). Produced documents may be copied and retained (s 17(3)). The Act contains a Ministerial certificate power permitting a Minister to bar disclosure of matters that would prejudice intergovernmental relations or disclose Executive deliberations (s 17(6)). The Act displaces certain legal excuses against disclosure, but protects produced material from admissibility against the provider except in limited proceedings (s 17(7)-(8)).

Reporting architecture: The central reporting instrument is the state of the environment report which the commissioner must deliver to the Minister no later than the reporting day for each reporting period (s 19(1)). The content of that report is detailed and includes environmental condition, management effectiveness, pressures and sustainability trends, evaluation of sustainability plans and any matters specified by the Minister or the commissioner (s 19(2)). The Minister must table the report to the Legislative Assembly within six sitting days of receipt and must present a government response statement within six months (ss 22, 19(3)). The commissioner also prepares special reports following investigations and must deliver them to the Minister within 28 days of completion (s 21(1)(c)-(d)).

Administrative integration and instruments: The Act links to other statutory frameworks. Reporting instruments such as the Minister’s determination of the reporting period and reporting day are disallowable instruments (s 19(5)-(6)). The Act also requires agencies to include details of requests for assistance from the commissioner and responses in their annual reports (s 23). The commissioner may approve forms that are notifiable instruments and must use approved forms for stated purposes (s 28).

Definitions and sustainability framing: The dictionary defines key terms including agency, prescribed authority, principal officer, ecologically sustainable development and the substantive principles that make up that concept, such as the precautionary principle and inter-generational equity (Dictionary). These definitions shape the Act’s substantive reach and the lens through which reports and investigations are to be framed (s 12(1)(a), Dictionary).

Enforcement pathway: The Act’s enforcement relies primarily on statutory notices to require information or presence (s 17), entry powers (s 16), and the Supreme Court’s power to make orders compelling compliance where a person fails to comply with a requirement (s 26(2)). Criminal liability is not imposed by the Act itself for non-compliance; however, disclosure produced under compulsion is inadmissible except in prosecutions for false or misleading statements under the Criminal Code, and for obstructing a Territory public official (s 17(7)(d)). The Act also grants immunity from civil actions for the commissioner and authorised persons when acting honestly under the Act (s 24).

Agencies and public sector executives: The Act primarily affects agencies defined to include administrative units and prescribed authorities (Dictionary; s 3). Principal officers of administrative units and prescribed authorities are central actors: they must be informed before an investigation commences (s 15(1)), are the recipients of written notices under s 17 when the commissioner seeks documents or information, and may be required to provide staff to assist with state of the environment report preparation if an agency fails to provide requested information within a reasonable time (s 18). The principal officer may also apply to the Supreme Court under s 26(1) for a determination on questions relating to the commissioner’s exercise of powers, but must notify the responsible Minister first (s 26(4)).

Territory Ministers and the Executive: The Minister appoints the commissioner and can direct investigations and require public processes where in the public interest (s 4, s 15(4)). The Minister must table reports and recommendations to the Legislative Assembly within a tight window (s 22). Ministers can issue a certificate that prevents disclosure to the commissioner of certain matters that the Minister reasonably certifies would be contrary to the public interest, for example communications with Commonwealth or other State ministers or Executive deliberations (s 17(6)). The Executive plays a removal and suspension role for the commissioner (s 9) and may make regulations for the Act (s 29).

Public servants and agency officers: Officers (as defined) who are public servants or persons exercising functions for an administrative unit are subject to attendance notices and may be required to answer questions or produce documents (s 17(2)). If the commissioner finds evidence of breach of duty or misconduct by an officer, the commissioner must bring those findings to the attention of the relevant Minister or principal officer (s 15(12)). Officers are also protected regarding the admissibility of compelled information and not liable to penalties under Territory law for complying with compulsion under the Act (s 17(7)-(8)).

Complainants and members of the public: Any person may make a complaint about the Territory’s or a territory authority’s environmental management or issues relating to ecologically sustainable development (s 13(1)). Complaints must be made in a way the commissioner approves (s 13(2)). Complainants are affected by time bars and procedural prerequisites: if they became aware of the action more than 12 months prior to lodging the complaint, the commissioner may decline to investigate (s 14(2)(a)); if they have not exercised a right to judicial or tribunal review, the commissioner may decline if it was reasonable to do so (s 14(2)(c)). If a complainant has first complained to an agency and the agency has not responded in a reasonable period, or the complainant deems the response unsatisfactory, the commissioner must investigate in certain circumstances (s 14A).

External actors and third parties: Persons and bodies outside the public sector who possess documents or information relevant to an investigation can be required to attend and provide information or documents under s 17(5). The Act protects their compelled disclosures from subsequent use against them in most proceedings, though not for prosecutions for false statements (s 17(7)-(8)). Entities declared by regulation to be prescribed authorities are brought within the Act’s scope, meaning the Executive can extend the Act’s reach to corporates or other bodies where the Territory can exercise control (Dictionary, prescribed authority).

The Legislative Assembly, oversight and the public: The Act is designed to produce public reporting: the commissioner’s state of the environment report is tabled in the Legislative Assembly by the Minister within six sitting days (ss 19(1), 22). The Minister must present a government response to the report within six months (s 19(3)). The commissioner’s annual report, prepared under the Annual Reports (Government Agencies) Act 2004, must include specific items including decisions not to investigate complaints (s 14B) and matters affecting the environment (s 20).

Judicial actors and other statutory bodies: The Supreme Court can be engaged by either the commissioner or a principal officer to resolve questions arising in the exercise of the commissioner’s powers (s 26(1)). The Act excludes the ombudsman and certain inquiry processes from the commissioner’s investigatory remit, and mandates referral to the ombudsman where a complaint falls within its jurisdiction (s 12(2), s 25). The Ministerial certificate power under s 17(6) interacts with laws concerning Executive privilege and intergovernmental relations.

Commissioner duties: The commissioner’s principal statutory duties are set out in s 12(1). These include investigating complaints about environmental management by the Territory or territory authorities and matters relating to ecologically sustainable development; conducting Minister-directed or self-initiated investigations where agency actions may substantially impact the ACT environment; and preparing a state of the environment report for each reporting period (s 12(1)(a)-(d)). The commissioner must inform a principal officer before commencing an investigation of agency action (s 15(1)) and prepare and give a state of the environment report to the Minister no later than the reporting day (s 19(1)).

Investigatory process and fairness obligations: Before making a report that contains opinions critical of an agency or person, the commissioner must, as a minimum, give the principal officer and the officer principally concerned, or the person, an opportunity to appear and make submissions orally or in writing (s 15(7)(a)-(b)). The Act makes room for representation: a principal officer may appear in person or authorise another to do so (s 15(8)), and other persons may be represented with commissioner approval (s 15(9)). The commissioner must inform the responsible Minister when an investigation arises and, in the case of Minister-directed matters, follow directions to make hearings public if so directed (s 15(4), s 15(10)(b)).

Compulsion rights and limits: The commissioner has powers to enter agency-occupied places at reasonable times for investigation and to inspect documents relevant to the investigation (s 16(1)-(2)). The commissioner may issue written notices requiring agencies to provide information or produce documents (s 17(1)) and may require attendance and production of documents from agency officers by written notice to the principal officer (s 17(2)). Documents produced may be taken into possession and copied, and retained for the investigation’s duration (s 17(3)). These compulsion powers are limited where a Minister certifies disclosure would be contrary to the public interest for specified matters involving intergovernmental relations or Executive deliberations (s 17(6)).

Protections and liabilities: Persons required to provide information under the Act are not excused from doing so by other Territory law, public interest or self-incrimination considerations, but such information or documents are generally not admissible in evidence against the provider in subsequent proceedings other than certain prosecutions and applications specified (s 17(7)). A person is not liable to any penalty under Territory law for having complied with a requirement under the Act (s 17(8)). The commissioner and persons acting under the commissioner’s delegation are protected from being sued for acts done honestly in the exercise of power under the Act (s 24).

Agency duties: Agencies must respond to written requests for information for the state of the environment report within a reasonable time or, failing that, must make staff available to the commissioner for up to three months to assist with report preparation, on written request (s 18). Agencies must include specified information in their annual reports, including requests under s 18 and assistance provided, investigations by the commissioner concerning agency activity, recommendations made by the commissioner following investigations, and the agency’s response to recommendations (s 23). These disclosure duties create an internal accountability loop.

Complaint handling and reporting: Individuals have the right to lodge complaints with the commissioner (s 13(1)), but complaints must be made in a way approved by the commissioner (s 13(2)). The commissioner may decline investigation in enumerated circumstances including long delay between awareness and complaint, triviality, lack of substance, or available judicial or administrative remedies not pursued (s 14). When the commissioner decides not to investigate a complaint during a reporting year, the commissioner must include details and reasons in the annual report prepared under the Annual Reports (Government Agencies) Act 2004 (s 14B).

Ministerial and Executive duties: The Minister must table the commissioner’s state of the environment report, special reports and recommendations to the Legislative Assembly within six sitting days after receipt (s 22). After receipt of a state of the environment report, the Minister must present to the Legislative Assembly within six months a statement setting out the government’s response (s 19(3)). The Minister determines future reporting periods and reporting days after considering the commissioner’s recommendations, with that determination being a disallowable instrument (s 19(4)-(6)).

Judicial remedies and court powers: If a person fails to comply with a requirement to produce documents or attend, the commissioner may apply to the Supreme Court for an order directing compliance (s 26(2)). Both the commissioner and principal officers may seek the Supreme Court’s determination on questions arising from the exercise of the commissioner’s powers, subject to notification obligations to responsible Ministers (s 26(1), (3)-(4)). The Supreme Court has jurisdiction in such matters (s 26(5)).

Penalty framework and statutory silence: The Act itself does not set a broad catalogue of criminal offences for non-compliance with investigatory notices; prior provisions listed in the amendment history indicate an offences section was removed (see Amendment history, s 27 om A2004-15). Nonetheless, the Act interfaces with enforcement via other statutory remedies and federal or Territory criminal provisions referenced by the Act. Specific protections, limits and exceptions in evidence admissibility and liability are set out in s 17(7)-(8).

Compulsion and court enforcement: Where the commissioner issues a written notice under s 17 requiring production of documents or attendance to answer questions and a person fails to comply, the commissioner may apply to the Supreme Court for an order directing compliance (s 26(2)). The Supreme Court thus provides an enforcement route to compel compliance with investigatory demands. The commissioner must inform the responsible Minister in writing of the reasons for a proposed application to the Supreme Court (s 26(3)), and principal officers must likewise inform their responsible Minister before making an application under s 26(1) (s 26(4)).

Admissibility and criminal prosecutions: The Act states that compelled information, documents or answers are not admissible in evidence against the provider in proceedings other than certain limited exceptions: an application under s 26(2) (to enforce compliance), a prosecution for making false or misleading statements under the Criminal Code (part 3.4), or a prosecution for obstructing a Territory public official (s 17(7)(c)-(d)). These exceptions mean that while compelled material is generally protected from later use, it can be used for prosecutions concerning its falsity or obstructive conduct. The Act also displaces other legal excuses for non-disclosure, such as other Territory laws or self-incrimination, but preserves limited protections against subsequent admission (s 17(7)).

Protections from civil suits and inter-governmental confidentiality: The commissioner, delegates and persons acting under the commissioner’s direction are immune from suit, action or proceeding in relation to acts or omissions done honestly in the exercise or purported exercise of powers under the Act (s 24). Conversely, a Ministerial certificate can negate the commissioner’s compulsion powers for specified matters where disclosure would prejudice relations between the Territory and the Commonwealth, States or other Territories, or disclose Executive deliberations or decisions (s 17(6)). This certificate power operates as a non-judicial limit on investigatory scope, providing the Executive with an instrument to protect certain communications.

Penalty unit values and cross-references: The republication front-matter states the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation at the republication date, as per the Legislation Act 2001, s 133. This contextualises penalties where offences exist under the Act or in other Territory laws referenced by the Act (front notes). However, the Act’s current text does not establish broad penalties of its own beyond the admissibility exceptions and use of other criminal provisions.

Administrative sanctioning and reputational enforcement: The Act creates administrative levers for compliance and sanction: the commissioner can publish state of the environment and special reports and recommend actions to Ministers (ss 19, 21), and those reports are tabled in the Legislative Assembly with a required governmental response within set timeframes (ss 19(3), 22). The requirement that agencies report in their annual reports on commission-related investigations, requests for assistance, and the agency’s response to recommendations (s 23) creates a transparency-based enforcement mechanism that can generate political, reputational and administrative consequences even in the absence of statutory fines or penalties.

Referral and jurisdictional boundaries: If the commissioner finds that a complaint falls within the ombudsman’s jurisdiction, the commissioner must refer the complaint with relevant documents and information to the ombudsman, whether or not the commissioner has commenced an investigation (s 25). This creates cross-institutional enforcement and triage mechanisms which affect the applicable remedies and enforcement pathways for complainants.

Digest of statutory cross-references: The Act is constructed to work with a suite of other Territory and Commonwealth laws. It routinely invokes the Legislation Act 2001 for foundational matters like appointment processes, definitions, instrument types and disallowable or notifiable instrument treatment (see ss 4 note 1, 19(6) on disallowable instruments, s 28(3) on notifiable instruments). The Annual Reports (Government Agencies) Act 2004 is integral to the reporting architecture: the commissioner’s annual report is prepared under that Act and must include items prescribed in s 20 and s 14B; agencies’ annual reports must include items required by s 23.

Exclusions and interaction with inquiry and review bodies: The commissioner’s investigative jurisdiction excludes, by statute, action taken by a judge or associate judge, a magistrate or coroner for the ACT, royal commissions and boards of inquiry under federal Territory inquiry laws, EIS inquiry panels under the Planning Act 2023, and the ombudsman (s 12(2)). Where a complaint falls within the ombudsman’s jurisdiction, the commissioner must refer it to the ombudsman (s 25). The Act thus deliberately channels certain matters into other statutory review processes and avoids duplicating judicial or special inquiry functions.

Planning, environmental protection and national instruments: The Act was amended to reference the Planning Act 2023’s EIS inquiry panels (s 12(2)(e)), evidencing coordination with the Territory’s planning and environmental assessment regime. The state of the environment report must evaluate the degree of compliance with national environment protection measures made by the National Environment Protection Council (s 19(2)(b)) and the Dictionary explicitly references the National Environment Protection Council Act 1994 (s 19(7) definition). These cross-references create an obligation for the commissioner to consider both Territory-level and national environmental regulatory instruments.

Executive privilege and intergovernmental relations: Section 17(6) permits a Minister to certify that disclosure to the commissioner of specified matters would be contrary to the public interest because it would involve prejudicing relations with Commonwealth, State or other Territory Ministers, or disclose Executive deliberations or decisions. This mechanism interacts with doctrine and statutory frameworks around Executive confidentiality and intergovernmental communications. It allows a Minister to remove particular matters from disclosure obligations under this Act, creating an intersection between investigatory powers and Executive privilege.

Criminal law and false statements: The Act expressly preserves the use of compelled information in prosecutions for false or misleading statements under the Criminal Code (part 3.4) and prosecutions for obstructing Territory public officials (s 17(7)(d)). The Act’s protections against admissibility of compelled material do not prevent those prosecutions, linking the Act to the Territory criminal law framework for enforcement of truthful cooperation.

Public sector management and administrative law: Notifications, staff availability and oversight integrate with the Public Sector Management Act 1994 and administrative arrangements referenced in s 21(4) and the Dictionary. Where the commissioner identifies evidence of officer misconduct, the Act requires the commissioner to bring that evidence to the responsible Minister or principal officer (s 15(12)), linking the commissioner’s investigatory role with internal administrative sanctioning processes under public sector law. Applications to the Supreme Court under s 26 appeal to the judicial review and supervisory role of the Court with reference to other enactments.

Instrument types: The Act uses disallowable and notifiable instruments for key operational elements. The Minister’s determination of reporting period and reporting day is a disallowable instrument (s 19(5)-(6)). Approved forms under s 28 are declared notifiable instruments (s 28(3)). These instrument types mean that legislative oversight and publication rules under the Legislation Act apply.

Interaction with inquiries and broader environmental legislation: The Act’s amendment history shows interaction with planning and environmental legislation over time, for example amendments arising from the Planning and Environment Legislation Amendment Act 2019, Planning (Consequential Amendments) Act 2023, and Environment Legislation Amendment Act 2025 (Legislation history; Amendment history). These changes show ongoing statutory alignment with the Territory’s planning, environmental assessment and related governance frameworks.

Overview from the republished law endnotes: The Act has a long amendment history since its enactment in 1993. The Act was originally titled the Commissioner for the Environment Act 1993 and renamed by the Commissioner for the Environment Amendment Act 2012 (A2012-25) (Legislation history). The endnotes list numerous amendments across the 1990s, 2000s and 2010s, reflecting changes to public sector arrangements, reporting requirements and statutory definitions.

Key structural amendments and renaming: The 2012 amendments (A2012-25) inserted the objects of the Act (s 2B), defined ecologically sustainable development and its constituent principles into the Dictionary (am A2012-25 s 18; s 19 in Dictionary), and renamed the office to Commissioner for Sustainability and the Environment (Amendment history; Legislation history). These changes explicitly reframed the Act to prioritise ecological sustainability principles and broadened the statutory framing for the commissioner’s reporting and investigatory functions.

Reporting architecture and recent amendments: The state of the environment report provisions have been amended multiple times. Amendments tracking through A1997-29, A2000-73, A2001-44, A2009-20, A2012-25, A2024-21 and A2025-28 are recorded in the Amendment history and Legislation history. Notably, the Planning Act 2023 amendments and Planning (Consequential Amendments) Act 2023 updated the Act’s interface with planning inquiry processes (s 12(2)(e) insertion). The Environment Legislation Amendment Act 2025 (A2025-28 pt 5) and Statute Law Amendment Act 2025 (A2025-29 sch 4 pt 4.34) were recent instruments affecting the Act with commencement dates noted in the Legislation history.

Complaint handling reforms in 2024: The Planning and Environment Legislation Amendment Act 2024 (A2024-21) introduced new complaint handling and reporting provisions. The amendments inserted s 14A (Complaints made to agencies) and s 14B (Decision not to investigate complaint,annual reporting requirement) (Amendment history s 14A ins A2024-21 s 7; s 14B ins A2024-21 s 7). These provisions require the commissioner to investigate where a complainant first complained to the agency and the agency did not respond within a reasonable period or the response was unsatisfactory (s 14A). They also create an obligation to include reasons for decisions not to investigate in the commissioner’s annual report (s 14B).

Removal of certain offence provisions and other clean-ups: The Amendment history indicates s 27 (Offences) was amended and later omitted (s 27 am A1998-54 sch; om A2004-15 amdt 2.45), so the Act no longer carries those offence provisions. Other amendments over time adjusted definitions, moved provisions to the Dictionary, and updated appointment, reporting, and procedural mechanics consistent with Territory public sector restructuring (Amendment history entries across the years).

Recurring technical amendments and instrument definitions: The Legislation history records many housekeeping and consequential amendments across Public Sector Management, Annual Reports, Courts Legislation and Planning statutes. For example, the Annual Reports Legislation Amendment Act 2004 made consequential changes; the Courts Legislation Amendment Acts 2015 and 2023 affected judicial references; Planning and Environment Legislation Amendment Acts in 2019 and 2024 amended references to environmental assessment processes and complaint pathways (Legislation history).

Recent commencement dates: The republication front-matter and Legislation history note commencement and republication details up to 6 December 2025, with the Environment Legislation Amendment Act 2025 (A2025-28) commencing 26 November 2025 and the Statute Law Amendment Act 2025 (A2025-29) having relevant parts commence 6 December 2025 (Legislation history). The Amendment history entry records the insertion of new provisions as recent as A2025-28 s 16 and A2025-29 amdt 4.34 affecting s 19 and approved forms/regulations respectively.

Practical import of the amendment path: The amendment history indicates a legislative trajectory toward embedding ecologically sustainable development concepts (2012), strengthening links with planning and environmental assessment (2019, 2023), adjusting complaint handling with a focus on agency-first pathways and transparency about non-investigations (2024), and recent environment-legislation alignments in 2025. The endnotes list the statutes and dates, enabling practitioners to trace precise textual changes by consulting the cited Acts and amendment entries in the legislation history section.

No cases or judicial decisions are recorded in the Act’s text or its endnotes. The republished law and endnotes contain a detailed legislative and amendment history but do not include any litigation annotations or references to judicial interpretation of the Act. The absence of recorded litigation in the provided text means practitioners must rely on broader administrative law, judicial review principles, and statutory construction guides when anticipating how courts might construe the Act’s provisions.

Practical implications for litigators and advisers: Because the Act’s republished text does not supply precedents, questions of statutory interpretation, scope of investigatory powers, the reach and limits of Ministerial certificates under s 17(6), the standard of “reasonable time” in s 14A(2)(a), procedural fairness requirements under s 15(7), and justiciability of Supreme Court applications under s 26 will have to be developed in litigation or inferred from analogous authorities in administrative law and from provisions in related Territory statutes. The Act does explicitly provide a path to the Supreme Court for questions arising between the commissioner and principal officers (s 26(1)), and for enforcement of non-compliance with s 17 notices (s 26(2)), which creates an intended litigation gateway.

Evidence and admissibility issues: The Act’s provisions on admissibility of compelled material (s 17(7)) are specific and could form the basis of litigation concerning evidentiary use of materials obtained by the commissioner. The Act preserves the ability to prosecute for false or misleading statements and obstruction, meaning factual findings in investigations could lead to separate criminal prosecutions, and any such prosecutions would generate litigation histories relevant to the Act.

No statutory appellate or review summary: The Act does not provide its own statement of precedent or reported judicial decisions. Practitioners wishing to assess likely judicial outcomes will need to map the Act’s text against existing judicial doctrines on statutory powers, privilege and executive confidentiality, compulsion of documents, and administrative procedural fairness, drawing upon the Territory and Commonwealth cases in those areas, none of which are named in the Act’s republished text.

Notification requirement before investigations: The commissioner must, before commencing an investigation of action taken by an agency, inform the principal officer of the agency that the action is to be investigated (s 15(1)). Agencies may assume surprise investigations are unlawful; the Act mandates prior notice unless an arrangement provides otherwise (s 15(2)). Practical consequence: failure to provide the pre-notification may provide procedural arguments in litigation or complaints about the investigation’s lawfulness.

12 month awareness limitation: The commissioner may decline to investigate where the complainant became aware of the action more than 12 months before the day the complaint was made (s 14(2)(a)). Complainants who delay may therefore lose the commissioner as a forum. This is not framed as a strict statutory limitation period for all errors, but the commissioner has discretion to refuse investigation on this ground. Complainants should be prompted to act promptly.

Requirement to complain to the agency first in many cases: While s 14 allows the commissioner to decline where an administrative practice offers review and the complainant has not used it, s 14A (inserted A2024-21) requires the commissioner to investigate where the complainant has complained to the agency and the agency has not responded within a reasonable period or the response was unsatisfactory (s 14A(1)-(2)). Practical effect: agencies should treat initial complaints seriously; if they do not respond promptly the commissioner is obliged to step in. Complainants should normally raise matters with agencies first.

Ministerial certificate can bar disclosure: If a Minister certifies that disclosure would be contrary to the public interest because it would prejudice intergovernmental relations or reveal Executive deliberations, the commissioner cannot require disclosure of that material (s 17(6)). This is a potent limit on compulsion and may be used selectively. Practitioners should plan for potential redaction or non-disclosure claims based on s 17(6).

Compelled disclosure not admissible against provider, with exceptions: Material provided under compulsion is generally not admissible against the provider in proceedings, except for applicants under s 26(2) and prosecutions for false or misleading statements and obstructing officials (s 17(7)). This is a limited protection. Persons compelled to answer should be cautioned that false statements can still attract criminal prosecution even if compelled material is generally protected from evidential use.

Assistance obligation with staff secondment: If an agency fails to provide requested information within a reasonable time for a state of the environment report, the principal officer must make staff available for up to three months to assist the commissioner (s 18). This is an unusual statutory secondment power; agencies may need to budget staff time and reprioritise work upon written request.

Mandatory pre-report opportunities: Before making a report containing opinions critical of an agency or person, the commissioner must give them opportunities to appear and make submissions (s 15(7)). Failure to follow s 15(7) procedural steps could invalidate critical findings or create procedural fairness claims.

Reporting cadence controlled by Minister: The Minister determines reporting periods and reporting days for state of the environment reports after considering the commissioner’s recommendation, and that determination is a disallowable instrument (s 19(4)-(6)). Consequently, the Minister controls the cadence within statutory bounds (period not more than four years; reporting day no less than 3 and no more than 6 months after the reporting period), which can affect the timing of reports and political responsiveness.

No broad criminal penalties in text and reliance on other offences: The Act does not itself create broad new offences for non-compliance; enforcement via criminal sanctions relies on other laws such as the Criminal Code for false statements or obstruction (s 17(7)(d)). Practitioners expecting fines or prison terms directly from this Act will not find them in the Act’s text.

Supreme Court pathway requires ministerial notice: Both the commissioner and the principal officer must notify the responsible Minister in writing of the reasons before applying to the Supreme Court under s 26(1) or s 26(2) (ss 26(3)-(4)). This adds an executive consultation step that can delay judicial determination and creates a procedural requirement that must be complied with before litigation.

Agency annual report obligations: Agencies must include details of s 18 requests and assistance, investigations by the commissioner, any recommendations and actions taken (s 23). Failure to report these items may attract scrutiny in Parliament and political consequences.

Approved forms and instrument types: Approved forms made by the commissioner are notifiable instruments (s 28(3)), and the Minister’s reporting period determination is disallowable (s 19(6)). Practitioners should track the register for notifiable and disallowable instruments that operationalise parts of the Act.

Exclusions from commissioner jurisdiction: The commissioner cannot investigate certain bodies and processes including the ombudsman, royal commissions, boards of inquiry, judges and magistrates, coroners and EIS inquiry panels under the Planning Act 2023 (s 12(2)). Matters within those excluded routes must be pursued through the designated forum.

For agencies and principal officers

Notification and cooperation protocols: Ensure a procedure to receive and acknowledge notification under s 15(1) that an investigation is proposed. Designate a point of contact and establish rapid internal triage to decide who will appear or make submissions if the commissioner gives opportunities under s 15(7). Track timelines carefully because the commissioner may request documents and attendance within periods stated in notices under s 17(1)-(2).
Respond promptly to information requests: When the commissioner requests information for a state of the environment report, respond within a reasonable time. If the agency cannot meet the request, expect a statutory potential for staff secondment under s 18; plan for resource allocation and escalation to the responsible Minister if necessary.
Complaint handling and agency-first pathway: Adopt an accessible and timely complaints-handling process so that complainants who first approach the agency do not escalate to the commissioner on the grounds the agency failed to respond in a reasonable period (s 14A). Maintain records of complaint receipt, responses and timeframes for inclusion in your annual report as required by s 23.
Evidence preservation and document control: Implement document retention and discovery-ready practices for environmental management records. The commissioner can issue notices to produce documents (s 17) and copy and retain them (s 17(3)). Maintain logs of materials provided and legal advice sought concerning potential Ministerial certificates under s 17(6).
Procedural fairness readiness: Prepare to use s 15(7) opportunities to put forward submissions and witnesses where the commissioner indicates a proposed critical opinion. Consider legal representation and prepare factual and legal briefs in advance.
Annual report compliance: Include the items mandated by s 23 in the agency’s annual report under the Annual Reports (Government Agencies) Act 2004: any s 18 requests, assistance provided, investigations by the commissioner, recommendations and actions taken. Audit these items during the annual reporting cycle.

For the commissioner’s office

Approved complaint channels: Publish and periodically review the approved method for lodging complaints (s 13(2)) and the policy for using s 14 discretion not to investigate. Ensure the complaint-handling process records dates of awareness and agency contacts to apply the 12-month and agency-first rules (ss 14, 14A).
Pre-investigation notice management: Comply strictly with s 15(1) to inform principal officers before commencing investigations into agency actions. Where a public process is required by Ministerial direction, plan public consultation and hearings (s 15(4)).
Minister engagement and certificate protocols: Establish procedures for handling Ministerial certificates under s 17(6), including verification and legal review. Record reasons and maintain a log where disclosure is refused on public interest grounds.
Document handling and disclosure safeguards: Implement chain-of-custody and restricted access controls for documents taken into possession under s 17(3) and prepare redaction protocols consistent with s 17(7)-(8) admissibility constraints.
Report timing and instrument compliance: Coordinate the commissioner’s recommendation to the Minister on reporting periods and reporting days as required by s 19(4), and prepare the state of the environment report to meet the reporting day for the period.

For complainants and private persons

Follow agency-first steps: Complain first to the relevant agency where practicable and retain proof of complaint and any agency response, including dates. Under s 14A, if the agency does not respond in a reasonable time or response is unsatisfactory, the commissioner must investigate in certain circumstances.
Timeliness: Lodge complaints promptly. The commissioner may decline to investigate where the complainant became aware of the action more than 12 months before lodging the complaint (s 14(2)(a)).
Use approved formats: Lodge complaints in the manner the commissioner approves (s 13(2)). Check the commissioner’s published forms and channels to avoid rejection on procedural grounds.
Understand remedies and limits: Be aware the commissioner is not the only or always the appropriate forum: judicial or tribunal review rights may exist and the commissioner may decline investigation if those rights have not been exercised and it was reasonable to do so (s 14(2)(c)). If a complaint is within the ombudsman’s jurisdiction, the commissioner must refer it there (s 25).

For Ministers and government departments

Timely tabling and responses: The Minister receiving a state of the environment report must table it to the Legislative Assembly within six sitting days and must present a government response within six months (ss 22, 19(3)). Put administrative processes in place to meet these timeframes.
Handling special reports: For special reports prepared after investigations, determine responsibility and timeline for tabling and responses in line with s 21, including the 28 day delivery obligation from the commissioner and 6 month or 10 working day requirements for Ministerial handling, depending on ministerial responsibility allocations (s 21(1)-(3)).
Use of Ministerial certificate sparingly and transparently: Where s 17(6) is invoked, ensure the basis for the certificate is documented and consistent with public interest grounds described in the Act. Anticipate possible challenges to the certificate in political forums and prepare appropriate briefing materials.

General compliance and risk management

Map interfaces with other law: Maintain a compliance map linking the Act to the Annual Reports (Government Agencies) Act 2004, the Planning Act 2023 (for EIS panels), the Public Sector Management Act 1994, and criminal provisions relevant to false statements and obstruction. Track disallowable and notifiable instruments arising under the Act.
Training and internal guidance: Provide staff training on the Act’s compulsion powers (s 17), immunity provisions (s 24), and misconduct notification requirements (s 15(12)). Prepare templates for responses to commissioner notices and for documenting investigative or complaint-related interactions.
Governance oversight: Ensure an internal escalation path to the responsible Minister for any proposed Supreme Court applications under s 26 and for any potential invocation of s 17(6) certificates, to meet the written-notice prerequisites set out in ss 26(3)-(4).

Commissioner for Sustainability and the Environment Act 1993

Plain English Summary

Deep Dive

What it does

Current sections

Commissioner for Sustainability and the Environment Act 1993

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply