PGPA Act Determination (Reef Trust Special Account 2024)
I, KATY GALLAGHER, Minister for Finance, make the following determination.
Dated 01 / 07 / 2024
KATY GALLAGHER
Minister for Finance
Contents
Part 1—Establishment
1 Name
2 Commencement
3 Authority
4 Definitions
5 Establishment of the special account
6 Accountable authority responsible for the special account
Part 2—Special account credits and debits
7 Amounts that may be credited to the special account
8 Purposes of the special account
Part 3—Transitional, revocation and repeal provisions
9 Opening balance of the special account
10 Revocation of Reef Trust instrument
11 Additional repeal provisions
Part 1—Establishment
1 Name
This instrument is the PGPA Act Determination (Reef Trust Special Account 2024).
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
The whole of this instrument
The day mentioned in paragraph 79(5)(a) of the Act.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.
3 Authority
This instrument is made under subsections 78(1) and 78(3) of the Act.
4 Definitions
In this instrument:
Act means the Public Governance, Performance and Accountability Act 2013.
environment has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999.
Great Barrier Reef World Heritage Area has the meaning given by the Great Barrier Reef Marine Park Act 1975.
Reef Trust instrument means the PGPA Act (Reef Trust Special Account 2014) Determination 01.
Reef Trust special account 2014 means the Reef Trust Special Account 2014 established by the Reef Trust instrument.
the Department means the Department of Climate Change, Energy, the Environment and Water.
the special account means the Reef Trust Special Account 2024 established by this instrument.
5 Establishment of the special account
For paragraph 78(1)(a) of the Act, the Reef Trust Special Account 2024 is established as a special account.
6 Accountable authority responsible for the special account
For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.
Part 2—Special account credits and debits
7 Amounts that may be credited to the special account
For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:
(a) amounts received by the Commonwealth that are paid by persons for the purpose of compliance with a condition attached to an approval under the Environment Protection and Biodiversity Conservation Act 1999; or
(b) amounts received by the Commonwealth from other governments or persons that are not Commonwealth entities, for the purposes of the special account.
8 Purposes of the special account
For paragraph 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:
(a) to make payments for projects to improve water quality and improve the health and resilience of the coastal habitat in the Great Barrier Reef World Heritage Area;
(b) to make payments for projects to address threats to the environment of the Great Barrier Reef World Heritage Area;
(c) to make payment for projects to protect, repair or mitigate damage to the Great Barrier Reef World Heritage Area;
(d) to make payments for projects that improve and protect marine biodiversity of the Great Barrier Reef World Heritage Area including the protection of listed threatened species and communities, and listed migratory species under the Environment Protection and Biodiversity Conservation Act 1999;
(e) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment; or
(f) to repay amounts where a court order, Act or other law requires or permits the repayment of an amount received.
Part 3—Transitional, revocation and repeal provisions
9 Opening balance of the special account
(1) For paragraph 78(1)(b) of the Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.
(2) The opening balance is equal to the amount standing to the credit of the Reef Trust special account 2014 immediately prior to the commencement of this instrument.
10 Revocation of Reef Trust instrument
For subsection 78(3) of the Act, the Reef Trust instrument is revoked.
11 Additional repeal provisions
(1) For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the Reef Trust instrument under section 10 (date of repeal).
(2) For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:
(a) definition of Reef Trust instrument;
(b) definition of Reef Trust special account 2014.
(3) Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.