Div 2Objects, principles and general statutory duties

Division 2—Objects, principles and general statutory duties 7—Objects and principles (1) The objects of this Act include to support and enhance ecologically sustainable development by establishing an integrated scheme to promote the use and management of the natural resources that make up or contribute to our State's landscape in an integrated manner that— (a) recognises and protects the intrinsic values of landscapes and recognises the interconnection between different elements of landscapes, including in relation to various aspects of the State's natural resources; and (b) supports the State's primary production and other industries and a sustainable State economy, supports resilient communities and natural and built environments, and supports the interests of Aboriginal peoples; and (c) provides for the protection, enhancement, restoration and sustainable management of— (i) land, soil and water resources; and (ii) native fauna and flora, especially so that they are resilient in the face of change; and (d) promotes, protects and conserves biodiversity, and insofar as is reasonably practicable, supports and encourages the restoration or rehabilitation of ecological systems and processes that have been lost or degraded, and promotes the health of ecosystems so that they are resilient in the face of change; and (e) recognises that climate change is a significant factor in our environment (including a recognition of the need for mitigation and adaptation); and (f) provides for the prevention or control of impacts caused by pest species of animals and plants that may have an adverse effect on the environment, primary production or the community; and (g) promotes the collaborative management of native animals that adversely affect the natural or built environments, people or primary production or other industries; and (h) provides educational initiatives and provides support mechanisms to strengthen the skills, knowledge and capacity of people to sustainably manage natural resources; and (i) supports initiatives or action to facilitate the increased capacity of people to engage in processes under this Act, including through the provision of information relevant to the protection, enhancement or management of landscapes. (2) For the purposes of subsection (1), ecologically sustainable development comprises the use, reuse, conservation, development and enhancement of natural resources and landscapes in a way, and at a rate, that will enable people and communities to provide for their economic, social, cultural and physical well-being while— (a) sustaining the potential of landscapes, including natural resources, to meet the reasonably foreseeable needs of future generations; and (b) safeguarding the life-supporting capacities of natural resources and landscapes; and (c) avoiding, remedying or mitigating any adverse effects of activities on natural resources and landscapes. (3) The following principles should be taken into account in connection with achieving ecologically sustainable development for the purposes of this Act: (a) recognition should be given to the spiritual, social, customary and economic significance of landscapes, and especially natural resources, to Aboriginal people; (b) the responsibility to achieve ecologically sustainable development should be seen as a shared responsibility between local, State and the Commonwealth governments, the private sector, and the community more generally, and enduring and effective partnerships should be promoted and supported; (c) the costs associated with managing natural resources and landscapes should be allocated or shared equitably and in a manner that encourages the responsible use of natural resources; (d) environmental factors should be taken into account when valuing or assessing assets or services; (e) decision-making should be informed by local knowledge and expertise, and traditional Aboriginal knowledge, together with the best available science, to achieve a functioning, resilient and productive landscape and avoiding, where practicable, serious or irreversible damage to the environment; (f) consideration should be given to the conservation of biological diversity and ecological integrity; (g) if there are threats of serious or irreversible damage to natural resources or landscapes, lack of full scientific knowledge should not be used as a reason for postponing measures to prevent environmental degradation or damage; (h) decision-making should be informed by long term and short term environmental, social, cultural, economic, equity (including intergenerational equity so that our natural resources and landscapes are maintained or enhanced for the benefit of future generations) and practical considerations, recognising that trade-offs may be necessary; (i) if the management of natural resources associated with the State's landscape requires the taking of remedial action, the first step should, insofar as is reasonably practicable and appropriate, be to encourage those responsible to take such action before resorting to more formal processes and procedures; (j) risk management and regulatory approaches should be proportionate to the risk involved and the feasibility of managing the risk. (4) The Minister, the Court and all other persons or bodies involved in the administration of this Act, or performing, exercising or discharging a function, power or duty under this Act, must have regard to, and seek to further, the objects of this Act. 8—General statutory duties (1) A person must act reasonably in relation to the management of natural resources within the State. (2) In determining what is reasonable for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this Act, and to— (a) the need to act responsibly in relation to the management of natural resources, including the protection of biodiversity, and the potential impact of a failure to comply with the relevant duty; and (b) any environmental, social, cultural, economic or practical implications, including in relation to the state of matters regarding biodiversity and any relevant assessment of costs and benefits associated with a particular course of action, the financial implications of various measures or options, and the current state of technical and scientific knowledge; and (c) any degrees of risk that may be involved; and (d) the nature, extent and duration of any harm; and (e) the extent to which a person is responsible for the management of the natural resources including in relation to the environment and its biodiversity; and (f) the significance of the natural resources, including in relation to the environment and its biodiversity and to the economy of the State (if relevant); and (g) the extent to which an act or activity may have a cumulative effect on any natural resources including the environment and its biodiversity; and (h) any pre-existing circumstance, and the state or condition of the natural resources; and (i) any local circumstances as described in subsection (8). (3) A person will be taken not to be in breach of subsection (1) if the person is acting— (a) in pursuance of a requirement under this or any other Act; or (b) in a manner consistent with the relevant regional landscape plan, a water allocation plan, a landscapes affecting activities control policy, a water affecting activities control policy, or any other policy approved by the relevant regional landscape board for the purposes of this section; or (c) in circumstances prescribed by the regulations. (4) Subject to subsections (5) and (6), a person who breaches subsection (1) is not, on account of the breach alone, liable to any civil or criminal action. (5) If a person breaches subsection (1)— (a) the person may be required to prepare and implement an action plan in the circumstances contemplated by Part 7; and (b) compliance with the subsection may be enforced by the issuing of a protection order under Part 10; and (c) a reparation order or reparation authorisation may be issued under Part 10; and (d) an order may be made by the ERD Court under Part 10 in respect of the non-compliance. (6) Subsection (4) does not limit or derogate from any other provision of this Act. (7) In addition, if a person can demonstrate that the person has acted in a manner consistent with any best practice methods or standards, or any guidelines, in the relevant industry or sphere of activity that are recognised as being acceptable for the purposes of subsection (1) by the relevant regional landscape board after taking into account any local circumstances as described in subsection (8), then, to the extent of the consistency, no action can be taken against the person in connection with the operation of this section. (8) For the purposes of subsections (2)(i) and (7), local circumstances are constituted by the local situation, conditions and surrounding circumstances, with regard being given to contributing factors such as climate, the condition of land, land and water use, and degrees of risk and impact. (9) To avoid doubt, a person cannot, in relation to the operation of this section, be held responsible for any condition or circumstance existing before 2 September 2004. Note— 2 September 2004 is the day on which the Natural Resources Management Act 2004 commenced. Part 2—Administration Division 1—The Minister 9—Functions of Minister (1) The functions of the Minister under this Act are— (a) to monitor, evaluate and audit the state and condition of the State's natural resources, coasts and seas; and (b) to report on the state and condition of the State's natural resources, coasts and seas; and (c) to prepare and maintain the State Landscape Strategy; and (d) to develop, implement, apply or co-ordinate policies relating to natural resources management, and to promote sound management programs and practices for the use, development or protection of the natural resources of the State; and (e) to conduct and support research into the preservation, protection, management, enhancement, restoration or rehabilitation of the State's natural resources; and (f) to compile, maintain and update data and other information in relation to the State's natural resources, coasts and seas; and (g) to promote the integration or co-ordination of policies, programs, plans and projects insofar as they are relevant to the proper management, use or protection of the State's natural resources; and (h) to promote public awareness of the importance of the State's natural resources and to encourage conservation of those resources; and (i) as the Minister thinks fit, to take any other action that may promote the preservation, protection, management, enhancement, restoration or rehabilitation of the State's landscapes; and (j) such other functions assigned to the Minister by or under this Act. (2) The regulations may— (a) prescribe the kinds of information to which subsection (1)(f) applies; and (b) require persons or bodies referred to in the regulations to provide the Minister with information of that kind that is in their possession; and (c) specify the kind or kinds of information to which subsection (3) applies. (3) If a person has provided information of a kind to which this subsection applies under subsection (2)(b), the Minister— (a) must seek the consent of the person who provided the information to make it publicly available and must make it publicly available if consent is given; and (b) must not disclose that information to another person without the consent of the person who provided it. 10—Powers of delegation (1) The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act. (b) may be absolute or conditional; and (c) does not derogate from the ability of the Minister to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) The Minister cannot delegate the function of making recommendations to the Governor. (5) A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Minister. Maximum penalty: $20 000. (6) It is a defence to a charge of an offence against subsection (5) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter. Division 2—Landscape regions and boards