Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (62 of 2014)

Schedule 5   Corporate status of bodies

Part 1   Bodies ceasing to be bodies corporate

National Environment Protection Council Act 1994

46   Part 6

Repeal the Part, substitute:

Part 6 - National Environment Protection Council Special Account

53 Name of Account

(1) The National Environment Protection Council Special Account is established by this section.

(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

54 Credits to the Account

There must be credited to the Account amounts equal to the following:

(a) amounts received by the Commonwealth from the States or Territories for the purposes of the Account;

(b) amounts appropriated by the Parliament for the purposes of the Account;

(c) amounts received by the Commonwealth in relation to performing any functions, or exercising any of the Council’s powers, under this Act;

(d) amounts of any gifts given or bequests made for the purposes of the Account;

(e) interest received by the Commonwealth from the investment of amounts debited from the Account;

(f) amounts received by the Commonwealth in relation to property paid for with amounts debited from the Account.

Note: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

55 Purposes of the Account

(1) The purposes of the Account are as follows:

(a) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of:

(i) the Council; or

(ii) the NEPC Committee; or

(iii) any other committee established under section 33;

(b) either:

(i) paying grants for amounts consistent with the aim of people enjoying the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; or

(ii) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in undertaking projects with that aim;

whether or not the grants or projects relate to a national environment protection measure or proposed national environment protection measure;

(c) paying any remuneration and allowances payable to any person under this Act;

(d) meeting the expenses of administering the Account;

(e) paying amounts that are required or permitted to be repaid under this Act;

(f) paying for activities that are incidental to the purposes mentioned in paragraphs (a) to (e).

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

(2) However, the purposes of the Account referred to in paragraph (1)(b) are limited to:

(a) purposes related to external affairs, including:

(i) purposes related to giving effect to an international agreement to which Australia is a party; and

(ii) purposes related to addressing matters of international concern; and

(b) purposes related to a Territory; and

(c) purposes related to the executive power of the Commonwealth; and

(d) purposes related to matters that are peculiarly adapted to the government of a nation, and that cannot otherwise be carried on for the benefit of the nation; and

(e) purposes related to matters incidental to the purposes referred to in paragraphs (a) to (d).