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Water and Another Act Amendment Bill 2009
Water and Another Act Amendment Bill
2009
Explanatory Notes
Title
Water and Another Act Amendment Bill 2009
Objective of the legislation
The Water and Another Act Amendment Bill (the Bill) amends the Water
Act 2000 (Water Act) to modify the composition of the Queensland Water
Commission (the Commission).
Reasons for the objective and how it will be achieved
The Bill forms part of the Government's implementation of its response to
the Brokering Balance: A Public Interest Map for Queensland Government
Boards, Committees and Statutory Authorities Report (the Report). The
structural changes to the Commission are consistent with the Government's
public sector reform program which aims to deliver reduced bureaucracy
and improve efficiency and maintain integrity and security of necessary
regulatory functions.
The Commission was established under the Water Act in June 2006 as an
independent statutory body responsible for ensuring sustainable water
supplies in the South East Queensland (SEQ) region and other designated
regions. The functions carried out by the Commission remain critical for
ensuring the continued implementation of regional water supply security
within SEQ region.
The continued operation of the Commission, as an independent statutory
body, is important to deliver the ongoing program of reform of the SEQ
water sector. Having regard to the Report's guidance on appropriate
organisational form of an independent body, it is considered in the case of
the Commission its functions and powers may be undertaken without the
need for its current board structure.
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Water and Another Act Amendment Bill 2009
The structure of the Commission will be modified to replace the current
membership, of at least three Commissioners, with a single Commissioner.
The Commissioner must still be appointed by Governor in Council. The
changes to the membership of the Commission will not take effect until
after the current Commissioner's terms expire on 18 June 2009.
The Commissioner will continue to report to the Minister administering the
Water Act and advisory bodies may be established for guidance on
technical matters. The Commission's core functions of regional planning
and policy; demand management and substitution; and water reform can
continue to be undertaken by the Commission reporting to a single
Commissioner.
The Commission will otherwise remain a separate statutory body, with
independent reporting requirements under the Water Act. The amendments
made by this Bill will not affect the ability of the Commission to employ
the staff under the Public Service Act 1996 (now the Public Service Act
2008) that it considers appropriate to perform its functions.
Alternatives to the Bill
There are no other viable alternatives that would achieve the policy
objectives other than this Bill.
Estimated cost for Government for implementation
This Bill will not impose any additional financial burden on the
Government and will result in cost savings.
Consistency with fundamental legislative principles
This Bill is consistent with the fundamental legislative principles outlined
in section 4 of the Legislative Standards Act 1992.
Consultation
Matters associated with the structure of the Commission were the subject
of general consultation during the preparation of the Report and no
significant issues were raised.
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Water and Another Act Amendment Bill 2009
Notes on Provisions
1 Short title
Clause 1 states that this Act is the Water and Another Act Amendment Act
2009.
2 Commencement
Clause 2 provides that this Bill will commence on 19 June 2009 or, if the
date of assent is later than 19 June 2009, the date of assent.
3 Acts amended
Clause 3 states that this Bill amends the Water Act and the Public Service
Act 2008 (Public Service Act).
4 Replacement of s 348 (Appointment)
Clause 4 replaces existing section 348 of the Water Act, which provides for
the appointment of the Commissioners, with new sections 348 and 348A.
New section 348 Membership of commission
The Commission currently comprises of a chairperson and at least two
other Commissioners appointed by the Governor in Council. New section
348 modifies the governance arrangements of the Commission so that it
will consist of a single Commissioner.
New section 348A Appointment of commissioner
New section 348A retains the requirement for the appointment of the
Commissioner to be made by the Governor in Council on either a full-time
or part-time basis.
5 Replacement of ss 354 to 360A
Clause 5 omits section 354 (Disclosure of interests) and Division 4, Part 2,
Chapter 2A (Meetings and other business of the Commission). As clause 4
of the Bill provides that the Commission will consist of one Commissioner,
these provisions will no longer be required.
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Water and Another Act Amendment Bill 2009
Clause 5 also inserts a number of new provisions to give effect to the new
governance arrangements of the Commission.
New section 354 Conflicts of interest
New section 354 is simply an amended version of existing section 354 and
provides for the disclosure of particular interests of the Commissioner. It
requires the Commissioner to disclose, to the Minister, any direct or
indirect pecuniary interests which may conflict with the proper
performance of their function. If the Commissioner makes such a
disclosure, the Commissioner must not perform or continue to perform the
function.
New section 355 Acting commissioner
New section 355 enables the Minister to appoint an acting Commissioner
in certain circumstances, for example, where the appointed Commissioner
is absent or the office of the Commissioner is vacant. It also enables the
Minister to appoint an acting Commissioner in the event that the
Commissioner has disclosed a conflict of interest and is unable to perform
a particular function.
New Division 4 Records of decisions
New Division 4, Part 2, Chapter 2A ensures the records of decisions of the
Commission are kept.
New section 356 Records required
New section 356 provides that the Commissioner must keep a record of the
Commission's decisions.
6 Amendment of s 360B (Commission's staff)
Clause 6 makes minor amendments to section 360B of the Water Act to
reflect the new governance arrangements of the Commission provided for
in clause 4 of this Bill.
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Water and Another Act Amendment Bill 2009
7 Amendment of sch 4 (Dictionary)
Clause 7 omits the existing definitions of chairperson and commissioner
in schedule 4 (Dictionary) of the Water Act and inserts a new definition of
commissioner consistent with clause 4 of this Bill.
Schedule Consequential amendments
The schedule makes consequential and minor amendments to the Water
Act and Public Service Act to reflect the new governance arrangements of
the Commission.
© State of Queensland 2009
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