(5) The Minister is to appoint 2 of the members, one male and one female, as co‑chairs of the Committee.
505B Functions of the Committee
(1) The Committee has the following functions:
(a) to advise the Minister on matters relating to the following:
(i) the operation of this Act or an instrument made under this Act;
(ii) the objects of this Act;
(iii) the environment;
(iv) policies, plans or programs (however described) that are made, prepared, varied or endorsed under this Act;
(b) at the request of the CEO—to provide advice to the CEO in relation to matters specified in the request relating to the CEO’s functions under this Act;
(c) at the request of the Director—to provide advice to the Director in relation to matters specified in the request relating to the Director’s functions under this Act;
(d) to provide any other advice or information required or permitted to be obtained from the Committee under this Act or the regulations;
(e) to perform any other functions that are conferred on the Committee by this Act or the regulations.
(2) The Minister may give the Committee written guidelines about its function.
(3) In performing its functions, the Committee must take into account the significance of Indigenous peoples’ knowledge of the management of land, sea and seabed, airspace and water, and the conservation and sustainable use of biodiversity.
Advice beyond Committee’s expertise
(4) Subsection (5) applies if:
(a) the Committee is requested, required or permitted to provide advice under subsection (1); and
(b) the Committee is satisfied that it does not have the appropriate expertise to provide the advice.
(5) The Committee:
(a) is not required to provide the advice; and
(b) must advise the Minister, and any other person to whom the advice was to be provided, that the Committee is unable to provide the advice.
Division 2B—Establishment and functions of the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
505C Establishment
(1) The committee established by this section as previously in force is continued in existence with the new name of the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development.
Note: See also section 25B of the Acts Interpretation Act 1901.
(2) The Committee is to consist of at least 5, but not more than 8, members.
(3) A member of the Committee is to be appointed by the Minister by written instrument, on a part‑time basis.
(4) The Minister must appoint one member of the Committee to be the Chair.
(5) When appointing members of the Committee, the Minister must ensure that:
(a) each member (other than the Chair) possesses appropriate scientific qualifications or expertise that the Minister considers relevant to the performance of the Committee’s functions; and
(b) each member’s appointment is not being made to represent any particular body, group or community.
(6) The Minister must also ensure that a majority of the members possess scientific qualifications and expertise in one or more of the following areas:
(a) geology;
(b) hydrology;
(c) hydrogeology;
(d) ecology.
Note: Other provisions relating to members are set out in Division 3.
505D Functions of the Committee
(1) The Committee has the following functions:
(a) within 2 months of a request by the Minister (the Environment Minister)—to provide scientific advice to the Environment Minister in relation to proposed unconventional gas developments or large coal mining developments that are likely to have a significant impact on water resources, including any impacts of associated salt production and/or salinity;
(b) at the request of an appropriate Minister of a declared State or Territory—to provide scientific advice to the Minister in relation to proposed unconventional gas developments or large coal mining developments in the relevant State or Territory that are likely to have a significant impact on water resources, including any impacts of associated salt production and/or salinity;
Note: Subsections (3) and (4) set out the timeframe that applies to this function.
(d) at the request of the Environment Minister—to provide advice to the Environment Minister about:
(i) priorities for research projects to improve scientific understanding of the impacts of unconventional gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity; and
(ii) research projects commissioned by the Minister in relation to the impacts of unconventional gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity;
(da) at the request of the Environment Minister—to provide advice to the Environment Minister about matters relating to policies, plans or programs (however described) that are made, prepared, varied or endorsed under this Act;
(e) to publish information about improving the consistency and comparability of research in relation to the impacts of unconventional gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity;
(f) to publish information relating to the development of standards for protecting water resources from the impacts of unconventional gas development and large coal mining development, including from any impacts of associated salt production and/or salinity;
(g) to collect, analyse, interpret and disseminate scientific information in relation to the impacts of unconventional gas development and large coal mining development on water resources, including any impacts of associated salt production and/or salinity;
(h) any other functions that are conferred on the Committee by this Act or the regulations;
(i) to do anything incidental to, or conducive to, the performance of the above functions.
(2) The Committee also has the following functions:
(a) at the request of the Environment Minister—to provide scientific advice to the Environment Minister in relation to a matter that is protected by a provision of Part 3;
(b) at the request of the appropriate Minister of a declared State or Territory and with the written agreement of the Environment Minister—to provide scientific advice to the Minister of the State or Territory in relation to the matters specified in the request.
Timeframes to provide advice to State or Territory Minister
(3) The Committee must provide advice under paragraph (1)(b) to an appropriate Minister of a declared State or Territory within 2 months of the Minister’s request.
(4) However, if the Committee considers that it cannot do so within 2 months, the Committee must, in writing given to the Minister:
(a) advise the Minister of that fact; and
(b) substitute a longer period within which to provide the advice; and
(c) give reasons for that period.
Advice beyond Committee’s expertise
(5) Subsection (6) applies if:
(a) the Committee is requested, required or permitted to provide advice under subsection (1) or (2); and
(b) the Committee is satisfied that it does not have sufficient expertise to provide the advice.
(6) The Committee:
(a) is not required to provide the advice; and
(b) must advise the Minister, and any other person to whom the advice was to be provided, that the Committee is unable to provide the advice.
505E Declared States and Territories
The Minister may, by legislative instrument, declare a specified State or self‑governing Territory to be a declared State or Territory.
Division 3—Members and procedures of Committees
506 Application
This Division applies to the following Committees:
(a) the Threatened Species Scientific Committee;
(c) the Indigenous Advisory Committee;
(d) the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development.
507 Terms and conditions
Term of office
(1) A member of a Committee holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: Section 509 sets out the circumstances in which a member’s appointment may be (or must be) terminated.
Resignation
(2) A member of a Committee may resign his or her appointment by giving the Minister a written resignation.
Other terms and conditions
(3) A member of a Committee holds office on the terms and conditions (if any) that are determined by the Minister in relation to matters not covered by this Act or the regulations.
508 Remuneration
(1) A member of a Committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
(2) A member of a Committee is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
509 Termination of appointments of Committee members
Termination when person stops being qualified for appointment
(1) The appointment of a person to a position of member of a Committee is terminated when the person ceases to be qualified for appointment to the position.
Termination for misbehaviour or incapacity
(2) The Minister may terminate the appointment of a member of a Committee for misbehaviour or physical or mental incapacity.
Termination for failure to attend Committee meetings
(3) The Minister may terminate the appointment of a member of a Committee if the member is absent, except on leave of absence, from 3 consecutive meetings of the Committee of which the member has had notice.
Termination for engaging in conflicting work
(4) The Minister may terminate the appointment of a member of a Committee if the member engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of the member.
Termination for failure to disclose interests
(5) The Minister must terminate the appointment of a member of a Committee if:
(a) the member does not comply with any requirements prescribed by the regulations to disclose an interest the member has in a matter being considered or about to be considered by the Committee; and
(b) the member does not have a reasonable excuse for not complying.
Termination for bankruptcy or insolvency
(6) The Minister may terminate the appointment of a member of a Committee if the member:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors.
510 Procedure of a Committee
(1) The regulations may provide for:
(a) matters relating to the operation of a Committee, including:
(i) procedures for convening meetings of the Committee; and
(ii) procedures for determining who is to preside at a meeting of the Committee; and
(iii) determining who may attend a meeting of the Committee; and
(iv) the constitution of a quorum for a meeting of the Committee; and
(v) procedures relating to a member’s interest in matters being dealt with by the Committee; and
(vi) the way in which matters are to be resolved by the Committee; and
(vii) for a Committee that has co‑chairs—procedures relating to co‑chairs; and
(b) the appointment and rights of a deputy of a member of a Committee.
(2) The regulations may allow a Committee to determine a matter relating to the operation of the Committee for which the regulations may provide.
(3) If there are no regulations in force, a Committee may operate in the way it determines.
Division 3A—Statement of expectations and statement of intent for bodies
510A Application
This Division applies to the following (each an advisory body):
(a) the Australian Heritage Council;
(b) the Threatened Species Scientific Committee;
(c) the Indigenous Advisory Committee;
(d) the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development;
(e) the Restoration Contributions Advisory Committee;
(f) an advisory committee established under section 511;
(g) any other committee established under this Act.
510B Minister’s statement of expectations
(1) The Minister may, at any time, prepare and give a written statement (a statement of expectations) to an advisory body that sets out the Minister’s expectations for the advisory body.
(2) In preparing a statement of expectations for an advisory body, the Minister must request advice from the following:
(a) the Secretary;
(b) the advisory body.
(3) A statement of expectations cannot direct an advisory body in the performance or exercise of the advisory body’s functions or powers.
(4) In preparing a statement of expectations for an advisory body, the Minister:
(a) must have regard to any advice requested from the Secretary or the advisory body; and
(b) must have regard to any matters prescribed by the regulations; and
(c) may have regard to any other matter the Minister considers relevant; and
(d) must prepare the statement in accordance with any requirements prescribed by the regulations.
(5) As soon as practicable after giving a statement of expectations to an advisory body, the Minister must arrange for it to be published on the Department’s website.
(6) A statement of expectations for an advisory body replaces any previous statement of expectations for the advisory body.
(7) A statement of expectations is not a legislative instrument.
510C Statement of intent
(1) If the Minister gives a statement of expectations to an advisory body under section 510B, the advisory body must prepare and give the Minister a written response (a statement of intent).
(2) In preparing a statement of intent, an advisory body:
(a) must have regard to any matters prescribed by the regulations; and
(b) may have regard to any other matter the advisory body considers relevant; and
(c) must prepare the statement in accordance with any requirements prescribed by the regulations.
(3) An advisory body must publish a statement of intent on the Department’s website as soon as practicable after it is given to the Minister.
(4) A statement of intent is not a legislative instrument.
Division 4—Advisory committees
511 Minister may establish advisory committees
(1) The Minister may by written instrument establish an advisory committee to advise the Minister on specified matters relating to the administration of this Act.
(2) However, the Minister must not specify that an advisory committee is to advise the Minister on the management of a jointly managed reserve.
(3) The Minister is to determine in writing the composition of an advisory committee, including qualifications of its members.
512 Appointments
(1) The Minister may appoint a person on a part‑time basis to be a member of an advisory committee.
(2) The Minister must appoint one of the members to chair the committee.
513 Members of advisory committees
The regulations may provide for the terms and conditions applicable to members of an advisory committee, including terms and conditions relating to:
(a) term of office; and
(b) remuneration; and
(c) allowances; and
(d) leave of absence; and
(e) disclosure of interests; and
(f) termination of membership.
514 Committee procedure
(1) An advisory committee may operate in the way it determines, subject to any regulations.
(2) The regulations may provide for the operation and procedures of an advisory committee. The regulations may allow a committee to determine its own procedure on any matter.
Division 5—Director of National Parks
Subdivision A—Establishment, functions and powers
514A Continuation
The corporation sole that existed under section 15 of the National Parks and Wildlife Conservation Act 1975 immediately before the commencement of this Act continues in existence as the Director of National Parks.
Note: Subject to section 514U, the Public Governance, Performance and Accountability Act 2013 applies to the Director. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
514B Functions
(1) The functions of the Director are:
(a) to administer, manage and control Commonwealth reserves and conservation zones; and
(b) to protect, conserve and manage biodiversity and heritage in Commonwealth reserves and conservation zones; and
(ba) to contribute to the protection, conservation and management of biodiversity and heritage in areas outside Commonwealth reserves and conservation zones; and
(c) to co‑operate with any country in matters relating to the establishment and management of national parks and nature reserves in that country; and
(d) to provide, and assist in the provision of, training in the knowledge and skills relevant to the establishment and management of national parks and nature reserves; and
(e) to carry out alone or in co‑operation with other institutions and persons, and to arrange for any other institution or person to carry out, research and investigations relevant to the establishment and management of Commonwealth reserves; and
(f) to make recommendations to the Minister in relation to the establishment and management of Commonwealth reserves; and
(g) to administer the Australian National Parks Fund; and
(h) any other functions conferred on the Director under this or any other Act; and
(i) to do anything incidental or conducive to the performance of any of the functions mentioned in paragraphs (a) to (h) (inclusive).
Note 1: Section 514D sets out requirements relating to the performance of the Director’s functions.
Note 2: The Minister may delegate additional functions to the Director under subsection 515(1).