Environmental Trust Act 1998 (NSW)

Environmental Trust Act 1998 No 82

An Act to fund environmental restoration, rehabilitation, research and education and to fund land acquisition for the national parks estate; to constitute the Environmental Trust to administer the funding arrangements; to repeal the Environmental Restoration and Rehabilitation Trust Act 1990, the Environmental Research Trust Act 1990 and the Environmental Education Trust Act 1990; to amend the Forestry Restructuring and Nature Conservation Act 1995 and other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Environmental Trust Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act— Aboriginal person has the same meaning as in the Aboriginal Land Rights Act 1983. exercise a function includes perform a duty. financial year means the year ending on 30 June. function includes a power, authority or duty. grant means a grant made from the Trust Fund under this Act, but does not include amounts expended for clean-up action under section 16. Trust means the Environmental Trust established by this Act. Trust Fund means the Environmental Trust Fund established by this Act.

4 Act subject to Forestry Restructuring and Nature Conservation Act 1995 This Act is subject to the Forestry Restructuring and Nature Conservation Act 1995.

Part 2 Environmental Trust

5 Constitution of Trust (1) There is constituted by this Act a body corporate with the corporate name of the Environmental Trust. (2) The Trust has the functions conferred or imposed on it by or under this or any other Act. (3) The Trust is, for the purposes of any Act, a statutory body representing the Crown.

6 Membership and procedure of Trust (1) The Trust is to consist of 6 members. (2) The members of the Trust are— (a) the Minister, who is to be the Chairperson of the Trust, and (b) the Secretary of the Treasury, and (c) the Secretary of the Department of Climate Change, Energy, the Environment and Water, and (d) a person appointed by the Minister from a panel of 3 persons nominated by the Nature Conservation Council, and (e) a person appointed by the Minister from a panel of 3 persons nominated by the Local Government and Shires Association of New South Wales, and (f) an Aboriginal person appointed by the Minister. (3) Schedule 1 has effect with respect to the Trust.