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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)
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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).
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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
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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
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3 Legislation history 33
4 Amendment history 37
5 Earlier republications 41
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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
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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
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(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
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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
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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
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(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
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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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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(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
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(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;
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Section 18
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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
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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
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(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
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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