Commissioner for Environmental Sustainability Act 2003 (No. 15 of 2003)

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 017 Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 Authorised Version incorporating amendments as at 1 September 2022 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose and outline of Act 1 2 Commencement 2 3 Definitions 2 4 What is ecologically sustainable development? 5 5 Crown to be bound 6 Part 2—The Commissioner for Environmental Sustainability 7 6 The Commissioner 7 7 Objectives of the Commissioner 8 8 Functions of the Commissioner 9 9 Powers of the Commissioner 10 10 Accountability of the Commissioner 11 11 Acting Commissioner 12 12 Staff 13 13 Consultants 13 14 Delegation 14 15 Business plan and budget 14 16 Annual report 14 Part 3—Reports 16 17 Reports on the State of the Environment of Victoria 16 17A Reports on the environmental condition of Yarra River land 17 17B Lead agency to provide assistance 18 17C Reports on the environmental condition of the Great Ocean Road coast and parks 18 18 Reports on environmental management systems 19 18A Reports on implementation of MSA conservation outcomes 20 19 Consultation 20 20 Commissioner may publish statements and guidelines 21 21 Public availability 21 ═══════════════ Authorised by the Chief Parliamentary Counsel Section Page ii Endnotes 23 1 General information 23 2 Table of Amendments 25 3 Explanatory details 27 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 017 Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 Authorised Version incorporating amendments as at 1 September 2022 The Parliament of Victoria enacts as follows: Part 1—Preliminary 1 Purpose and outline of Act (1) The purpose of this Act is to provide for the appointment and objectives, functions and powers of the Commissioner for Environmental Sustainability. (2) In outline this Act— • provides for the appointment of the Commissioner for Environmental Sustainability and an Acting Commissioner for Environmental Sustainability; • sets out the objectives, functions and powers of the Commissioner for Environmental Sustainability and for the accountability of the Commissioner for Environmental Sustainability; • provides for the staffing and operation of the office of the Commissioner for Environmental Sustainability; • provides for the preparation of a periodical Report on the State of the Environment of Victoria and for the preparation of a periodical report on the environmental condition of Yarra River land; S. 1(2) amended by Nos 49/2017 s. 64, 1/2020 s. 135. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 2 • provides for annual reporting on the implementation of environmental management systems; • provides for the Commissioner for Environmental Sustainability to report on the MSA conservation outcomes once every 2 years; • requires the Commissioner for Environmental Sustainability to make reports and information available publicly and on the Internet. (3) Subsection (2) is intended only as a guide to readers as to the general scheme of this Act. 2 Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 September 2003, it comes into operation on that day. 3 Definitions In this Act— Administrative Office means a body or group existing as an Administrative Office in relation to a Department by virtue of an order made under section 11 of the Public Administration Act 2004; S. 3 def. of Adminis trative Office amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(a)). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 3 Administrative Office Head means a person employed as an Administrative Office Head under section 12 of the Public Administration Act 2004; Agency means— (a) a Department; or (b) an Administrative Office; Agency Head means— (a) in relation to a Department, the Head of that Department; or (b) in relation to an Administrative Office, the Head of that Administrative Office; Commissioner means the Commissioner for Environmental Sustainability; Department means a Department existing by virtue of an Order made under section 10 of the Public Administration Act 2004; Department Head means a Department Head under section 12 of the Public Administration Act 2004; ecologically sustainable development means the concept set out in section 4; environmental management system means the organisational structure, policies, practices, processes and procedures for implementing environmental management, including systems for designating responsibility for S. 3 def. of Adminis trative Office Head amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(a)). S. 3 def. of Department amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(a)). S. 3 def. of Department Head amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(a)). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 4 and allocating resources to, environmental management; Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020; Great Ocean Road Coast and Parks Authority means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020; lead agency has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017; MSA conservation outcomes means conservation outcomes within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020; public authority has the same meaning as public entity has in section 5 of the Public Administration Act 2004; public authority Head means chief executive officer (by whatever name called) of a public authority; Report on the State of the Environment of Victoria means the report prepared under section 17; S. 3 def. of Great Ocean Road coast and parks inserted by No. 42/2021 s. 24. S. 3 def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 24. S. 3 def. of lead agency inserted by No. 49/2017 s. 65(2). S. 3 def. of MSA conservation outcomes inserted by No. 1/2020 s. 136. S. 3 def. of public authority substituted by No. 108/2004 s. 117(1) (Sch. 3 item 35.1(b)). S. 3 def. of Report on the State of the Environment of Victoria amended by No. 49/2017 s. 65(1). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 5 Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017. 4 What is ecologically sustainable development? (1) Ecologically sustainable development is development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends. (2) The objectives of ecologically sustainable development are— (a) to enhance individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations; (b) to provide for equity within and between generations; (c) to protect biological diversity and maintain essential ecological processes and life support systems. (3) The following are to be considered as guiding principles of ecologically sustainable development— (a) that decision making processes should effectively integrate both long-term and short-term economic, environmental, social and equity considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; S. 3 def. of Yarra River land inserted by No. 49/2017 s. 65(2). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 6 (c) the need to consider the global dimension of environmental impacts of actions and policies; (d) the need to develop a strong, growing and diversified economy which can enhance the capacity for environment protection; (e) the need to maintain and enhance international competitiveness in an environmentally sound manner; (f) the need to adopt cost effective and flexible policy instruments such as improved valuation, pricing and incentive mechanisms; (g) the need to facilitate community involvement in decisions and actions on issues that affect the community. 5 Crown to be bound This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 7 Part 2—The Commissioner for Environmental Sustainability 6 The Commissioner (1) The Governor in Council may appoint an officer to be called the Commissioner for Environmental Sustainability. (2) Subject to this section, the Commissioner holds office for a term not exceeding 5 years as is specified in the instrument of appointment. (3) The Commissioner is eligible for re-appointment. (4) The Commissioner is to be appointed on such terms and conditions, not inconsistent with this Act, as the Governor in Council determines. (5) The Commissioner is entitled to be paid the remuneration and allowances determined by the Governor in Council. (6) The Public Administration Act 2004 (other than Part 3, except as provided by section 16, of that Act) applies to the Commissioner in respect of the office of Commissioner. (7) The Commissioner must not directly or indirectly engage in any paid employment outside the duties of the Commissioner. (8) The office of the Commissioner becomes vacant if the Commissioner is convicted of an indictable offence, or of an offence which, if committed in Victoria, would be an indictable offence. (9) The Commissioner may resign by notice in writing signed and addressed to the Governor in Council. S. 6(6) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 35.2), 80/2006 s. 26(Sch. item 17). Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 8 (10) The Governor in Council, on the recommendation of the Minister, may remove the Commissioner from office if the Commissioner has— (a) refused, neglected or failed to carry out the duties of the office; or (b) demonstrated inefficiency or misbehaviour in carrying out the duties. (11) If the Commissioner is removed from office under subsection (10), the Minister must cause to be laid before each House of the Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal. (12) An act or decision of the Commissioner is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner. 7 Objectives of the Commissioner The objectives of the Commissioner are to— (a) report on matters relating to the condition of the natural environment of Victoria; (b) encourage decision making that facilitates ecologically sustainable development; (c) enhance knowledge and understanding of issues relating to ecologically sustainable development and the environment; (d) encourage sound environmental practices and procedures to be adopted by the Government of Victoria and local government as a basis for ecologically sustainable development. Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 9 8 Functions of the Commissioner The functions of the Commissioner are to— (a) prepare the Report on the State of the Environment of Victoria; (ab) prepare a report on— (i) the environmental condition of Yarra River land; and (ii) how the environmental condition of Yarra River land has changed since the last report on Yarra River land; (ac) prepare a report on— (i) the environmental condition of the Great Ocean Road coast and parks; and (ii) how the environmental condition of the Great Ocean Road coast and parks has changed since the last report on the Great Ocean Road coast and parks; (b) conduct, once every 2 years, strategic audits of, and prepare reports on, the implementation of— (i) environmental management systems by Agencies and public authorities; and (ii) the MSA conservation outcomes by the Secretary to the Department of Environment, Land, Water and Planning; (c) audit public education programs relating to ecologically sustainable development and advise the Minister as to the effectiveness of the programs in encouraging the community to adopt ecologically sustainable development principles and practices; S. 8(ab) inserted by No. 49/2017 s. 66. S. 8(ac) inserted by No. 19/2020 s. 72. S. 8(b) substituted by No. 1/2020 s. 137(a). Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 10 (d) advise the Minister in relation to any matter relating to ecologically sustainable development or the implementation of the MSA conservation outcomes referred to the Commissioner by the Minister under section 10(2); (da) prepare and make a State of the Marine and Coastal Environment Report under the Marine and Coastal Act 2018 if requested under that Act; (db) make a report on the progress of a Biodiversity Strategy under section 18D of the Flora and Fauna Guarantee Act 1988; (e) administer this Act. 9 Powers of the Commissioner (1) Subject to this Act, the Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner's functions and to enable the Commissioner to achieve the objectives of the Commissioner under this Act. (2) Without limiting the generality of subsection (1), the Commissioner may— (a) make formal requests to Agency Heads and public authority Heads for assistance and the provision of information for the purposes of this Act; (b) subject to the approval of the Minister, establish a Reference Group for the purpose of providing advice to the Commissioner in respect of the performance of the functions of the Commissioner under this Act; (c) subject to the approval of the Minister, appoint committees for the purpose of S. 8(d) amended by No. 1/2020 s. 137(b). S. 8(da) inserted by No. 26/2018 s. 88. S. 8(db) inserted by No. 28/2019 s. 47. Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 11 providing advice to the Commissioner on specific matters. 10 Accountability of the Commissioner (1) In performing the functions and exercising the powers under this Act, the Commissioner must have regard to the following principles— (a) the effective integration of economic, social and environmental considerations with the need to improve community well-being and the benefit of future generations; (b) that actions should add value and be targeted to achieving the most benefit for the people of Victoria; (c) that decision making should focus on developing solutions and achieving improvements; (d) the need to ensure impartiality, openness, transparency and accountability. (2) The Commissioner must perform the functions and exercise the powers under this Act subject to any specific written directions given by the Minister to the Commissioner. (3) The Minister must cause a copy of any specific written direction to be laid before each House of the Parliament within 10 sitting days of that House after the specific written direction has been given to the Commissioner. (4) If a specific written direction includes a requirement that the Commissioner prepare a report for the Minister, the Minister must cause a copy of the report to be laid before each House of the Parliament within 10 sitting days of that House after the report has been presented to the Minister. Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 12 11 Acting Commissioner (1) The Minister may appoint a person to act in the office of Commissioner— (a) during a vacancy in that office; or (b) during any period, or during all periods, when the person holding that office is absent from duty or is, for any other reason, unable to perform the functions of that office— but a person so appointed to act during a vacancy must not continue so to act for more than 6 months. (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (3) The Minister— (a) subject to this section, may determine the terms and conditions of appointment of a person acting in the office of Commissioner; and (b) may terminate such an appointment at any time. (4) If a person is acting in the office of Commissioner in accordance with subsection (1)(b) and that office becomes vacant while that person is so acting, that person may continue so to act until— (a) the Minister otherwise directs; or (b) the vacancy is filled; or (c) a period of 6 months from the date on which the vacancy occurred expires— whichever first happens. Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 13 (5) While a person is acting in the office of Commissioner in accordance with subsection (1), the person has, and may exercise, all the powers, and perform all the functions of that office under this Act. (6) The validity of anything done by or in relation to a person purporting to act in the office of Commissioner under an appointment made under subsection (1) is not to be called in question on the ground that— (a) the occasion for the appointment has not arisen; or (b) there is a defect or irregularity in or in connection with the appointment; or (c) the appointment has ceased to have effect; or (d) the occasion to act had not arisen or had ceased. 12 Staff (1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004. (2) The Commissioner may enter into agreements or arrangements for the use of the services of any staff of an Agency or public authority. 13 Consultants (1) The Commissioner may engage persons with suitable qualifications and experience as consultants. (2) An engagement under subsection (1) may be on any terms and conditions the Commissioner considers appropriate. S. 12(1) amended by No. 108/2004 s. 117(1) (Sch. 3 item 35.3). Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 14 14 Delegation The Commissioner may by instrument delegate to a person referred to in section 12 any function or power of the Commissioner under this Act other than this power of delegation. 15 Business plan and budget (1) The Commissioner must not later than 30 June in each year submit a draft business plan and budget for the next financial year to the Minister for approval. (2) The draft business plan and budget must— (a) specify the proposed activities of the Commissioner; and (b) include an estimate of the financial and other resources required to perform each of the functions of the Commissioner. (3) In preparing the draft business plan and budget, the Commissioner must consult with— (a) the Minister; and (b) the Department Head of the Department responsible for administering the Commissioner's budget. (4) The Commissioner must operate in accordance with— (a) the business plan and budget as approved by the Minister; or (b) the business plan and budget as amended with the approval of the Minister. 16 Annual report The Commissioner must include— (a) a brief summary of all activities completed, commenced or conducted; and Authorised by the Chief Parliamentary Counsel Part 2—The Commissioner for Environmental Sustainability Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 15 (b) a statement of the financial and other resources used in preparing reports under Part 3— during the financial year in the relevant annual report of operations under Part 7 of the Financial Management Act 1994. Authorised by the Chief Parliamentary Counsel Part 3—Reports Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 16 Part 3—Reports 17 Reports on the State of the Environment of Victoria (1) The Commissioner must prepare and submit to the Minister a periodical Report on the State of the Environment of Victoria prepared at intervals not exceeding— (a) 5 years; or (b) if the framework for environmental reporting specifies a shorter period, the shorter period. (2) A Report on the State of the Environment of Victoria must be prepared in accordance with a framework for environmental reporting developed by the Commissioner and approved by the Minister. (3) The Minister must cause a copy of the framework for environmental reporting developed under subsection (2) to be laid before each House of the Parliament within 10 sitting days of that House after the framework for environmental reporting has been approved by the Minister. (4) The Minister must cause a copy of a Report on the State of the Environment of Victoria to be laid before each House of the Parliament within 10 sitting days of that House after the Report on the State of the Environment of Victoria has been given to the Minister. (5) If a Report on the State of the Environment of Victoria includes recommendations made by the Commissioner, the Minister must, not later than the first sitting day after the period of 12 months since the sitting day on which the Report on the State of the Environment of Victoria was laid before each House of the Parliament, cause a statement of the response of the Government to be Authorised by the Chief Parliamentary Counsel Part 3—Reports Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 17 laid before each House specifying the action (if any) proposed to be taken by the Government with respect to the recommendations. 17A Reports on the environmental condition of Yarra River land (1) The Commissioner must prepare and submit to the Minister a periodical report on the environmental condition of Yarra River land. (2) A report under subsection (1) may be prepared— (a) as part of a Report on the State of the Environment of Victoria; or (b) as a separate report. (3) If the report is prepared as a separate report, it must be prepared at intervals not exceeding— (a) 5 years; or (b) if the framework for environmental reporting specifies a shorter period, the shorter period. (4) The Minister must cause a copy of a report prepared under subsection (1) as a separate report to be laid before each House of the Parliament within 10 sitting days of that House after the report has been given to the Minister. (5) If a report prepared under subsection (1) as a separate report includes recommendations made by the Commissioner, the Minister must, not later than the first sitting day after the period of 12 months since the sitting day on which the report was laid before each House of the Parliament, cause a statement of the response of the Government to be laid before each House specifying the action (if any) proposed to be taken by the Government with respect to the recommendations. S. 17A inserted by No. 49/2017 s. 67. Authorised by the Chief Parliamentary Counsel Part 3—Reports Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 18 (6) In this section— framework for environmental reporting means the framework approved under section 17(2) for a Report on the State of the Environment of Victoria. 17B Lead agency to provide assistance The lead agency must give the Commissioner whatever assistance the Commissioner reasonably requires in preparing a report under section 17A. 17C Reports on the environmental condition of the Great Ocean Road coast and parks (1) The Commissioner must prepare and submit to the Minister a periodical report on the environmental condition of the Great Ocean Road coast and parks. (2) A report under subsection (1) may be prepared— (a) as part of a Report on the State of the Environment of Victoria; or (b) as a separate report. (3) If the report is prepared as a separate report, it must be prepared at intervals not exceeding— (a) 5 years; or (b) if the framework for environmental reporting approved under section 17(2) specifies a shorter period, the shorter period. (4) The Minister must cause a copy of a report prepared under subsection (1) as a separate report to be laid before each House of the Parliament within 10 sitting days of that House after the report has been given to the Minister. (5) If a report prepared under subsection (1) as a separate report includes recommendations made by the Commissioner, the Minister must, not later S. 17B inserted by No. 49/2017 s. 67. S. 17C inserted by No. 19/2020 s. 73. Authorised by the Chief Parliamentary Counsel Part 3—Reports Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 19 than the first sitting day after the period of 12 months since the sitting day on which the report was laid before each House of the Parliament, cause a statement of the response of the Government to be laid before each House specifying the action (if any) proposed to be taken by the Government with respect to the recommendations. (6) The Great Ocean Road Coast and Parks Authority and the Department of Environment, Land, Water and Planning must give the Commissioner whatever assistance the Commissioner reasonably requires in preparing a report under this section. 18 Reports on environmental management systems (1) Subject to subsection (3), the Commissioner must not later than 31 January in each year submit a report on the implementation of environmental management systems by Agencies and public authorities to the Minister. (2) A report on environmental management systems— (a) must include an analysis of progress in meeting the objectives and targets for the implementation of environmental management systems by Agencies and public authorities as determined by the Government of Victoria; and (b) may include advice and recommendations in relation to the implementation of international best practice in environmental management systems. (3) If this section has not been in operation for at least 6 months as at the 31 January first occurring after the commencement of this section, the first report under this section is not required until the following 31 January. Authorised by the Chief Parliamentary Counsel Part 3—Reports Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 20 (4) The Minister must cause a copy of a report on environmental management systems to be laid before each House of the Parliament within 10 sitting days of that House after the report on environmental management systems has been given to the Minister. 18A Reports on implementation of MSA conservation outcomes (1) The Commissioner must submit a report on the implementation of MSA conservation outcomes to the Minister not later than— (a) 31 October in the second year after the commencement of this section; or (b) if this section has not been in operation for at least 12 months as at the date referred to in paragraph (a), the following 31 October. (2) After submitting a report under subsection (1), the Commissioner must submit a report on the implementation of MSA conservation outcomes to the Minister not later than 31 October in the year that is 2 years after the year in which the report under subsection (1), and every previous report under this subsection, was submitted to the Minister. (3) The Minister must cause a copy of a report submitted to the Minister under this section to be laid before each House of the Parliament within 10 sitting days of that House after the report has been given to the Minister. 19 Consultation The Commissioner must in preparing a report under this Part consult with any Agency or public authority in relation to factual information concerning the responsibilities of the Agency or public authority to be contained in the report. S. 18A inserted by No. 1/2020 s. 138. Authorised by the Chief Parliamentary Counsel Part 3—Reports Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 21 20 Commissioner may publish statements and guidelines The Commissioner may publish statements and guidelines relating to the performance of the functions and the exercise of the powers of the Commissioner under this Act. 21 Public availability (1) This section applies to— (a) the following documents after a copy has been laid before each House of the Parliament— (i) any specific written direction given to the Commissioner under section 10(2); (ii) any report prepared by the Commissioner to meet a requirement in a specific written direction; (iii) the framework for environmental reporting approved under section 17(2); (iv) a Report on the State of the Environment of Victoria; (iva) a report prepared under section 17A, if prepared as a separate report; (v) a report on environmental management systems; (vi) a report on MSA conservation outcomes; and (b) any document containing statements and guidelines under section 20. S. 21(1)(a)(iva) inserted by No. 49/2017 s. 68. S. 21(1)(a)(v) amended by No. 1/2020 s. 139(1). S. 21(1)(a)(vi) inserted by No. 1/2020 s. 139(2). Authorised by the Chief Parliamentary Counsel Part 3—Reports Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 22 (2) The Commissioner must ensure that copies of documents to which this section applies are— (a) publicly available; and (b) published on the Internet. * * * * * ═══════════════ Pt 4 (Heading and s. 22) repealed by No. 28/2007 s. 3(Sch. item 9). Authorised by the Chief Parliamentary Counsel Endnotes Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 23 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 27 February 2003 Legislative Council: 8 April 2003 The long title for the Bill for this Act was "to provide for a Commissioner for Environmental Sustainability, to facilitate a periodical Report on the State of the Environment of Victoria and annual reporting on the implementation of environmental management systems, to consequentially amend the Public Sector Management and Employment Act 1998 and for other purposes." The Commissioner for Environmental Sustainability Act 2003 was assented to on 13 May 2003 and came into operation as follows: Sections 1 and 2 on 14 May 2003: section 2(1); rest of Act on 1 September 2003: section 2(3). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). http://www.legislation.vic.gov.au/ Authorised by the Chief Parliamentary Counsel Endnotes Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 24 • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel Endnotes Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 25 2 Table of Amendments This publication incorporates amendments made to the Commissioner for Environmental Sustainability Act 2003 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 35) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Commissioner for Environmental Sustainability Act 2003 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 17) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Commissioner for Environmental Sustainability Act 2003 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 9) on 27.6.07: s. 2(1) Current State: This information relates only to the provision/s amending the Commissioner for Environmental Sustainability Act 2003 Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017 Assent Date: 26.9.17 Commencement Date: Ss 64‒68 on 1.12.17: s. 2(3) Current State: This information relates only to the provision/s amending the Commissioner for Environmental Sustainability Act 2003 Marine and Coastal Act 2018, No. 26/2018 Assent Date: 26.6.18 Commencement Date: S. 88 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 Current State: This information relates only to the provision/s amending the Commissioner for Environmental Sustainability Act 2003 Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019 Assent Date: 10.9.19 Commencement Date: S. 47 on 1.6.20: s. 2(2) Current State: This information relates only to the provision/s amending the Commissioner for Environmental Sustainability Act 2003 Authorised by the Chief Parliamentary Counsel Endnotes Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 26 Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020, No. 1/2020 Assent Date: 11.2.20 Commencement Date: Ss 135–139 on 1.7.20: s. 2(2) Current State: This information relates only to the provision/s amending the Commissioner for Environmental Sustainability Act 2003 Great Ocean Road and Environs Protection Act 2020, No. 19/2020 Assent Date: 23.6.20 Commencement Date: Ss 72, 73 on 1.12.20: s. 2(2) Current State: This information relates only to the provision/s amending the Commissioner for Environmental Sustainability Act 2003 Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021 Assent Date: 19.10.21 Commencement Date: S. 24 on 1.9.22: s. 2(2) Current State: This information relates only to the provision/s amending amending the Commissioner for Environmental Sustainability Act 2003 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel Endnotes Commissioner for Environmental Sustainability Act 2003 No. 15 of 2003 27 3 Explanatory details No entries at date of publication.